Introduction to Dependency Law Presented by: Karen Finan, Allison Cruz Esq., and Georgina Dews Esq.

Constitutional Safe Guards   Constitutional Safe Guards     The right to raise one’s child is a constitutionally protected right. When Child Welfare Services (CWS) seeks to remove a child from the home there must be judicial oversight to ensure compliance with the law and procedural fairness. All parties, including the child, have a right to an attorney. If a party can not afford an attorney, one will be appointed for them. Typically, the court will appoint an attorney for the child.         2

  W&I Section 300     California W&I Code Section 300 (a)-(j) lists the types of harm which can bring a child under the protection of the court. Whether an action is abuse or neglect depends on the individual facts of each case as well as the law. A child may come under section 300 if the child has either been abused or neglected, or is at substantial risk of being abused or neglected.         3

How a Child Enters the Dependency System Report to Child Welfare Services Investigation Action by CWS Court Involvement   4

Action by CWS Abuse unsubstantiated or evaluated out.   Action by CWS     Abuse unsubstantiated or evaluated out. Abuse substantiated; Voluntary services Court intervention needed – remain in home, petition filed Court intervention needed – protective custody or request to remove from home, petition filed.         5

The Dependency Petition   The Dependency Petition     In order for a dependency case to come before a judge a document known as a petition must be filed. The petition begins the court process. The petition must identify which portion of W&I Code section 300 has been violated, and it must state specific facts to support the allegations in the petition. CASA volunteers should read the petition to gain an understanding of what the case is about.         6

The Hearing Process

Simplified Dependency Hearing Chart Detention/Initial Hearing Jurisdiction Disposition 6 Month Status Review 12 Month Permanency Review 18 Month Post-Permanency Review 24 Month Post-Permanency Review .26 Select and Implement a Permanent Plan Post Permanent Plan Reviews Dismissal   8

Initial/Detention Hearing   Initial/Detention Hearing     This hearing is to determine if the child should be temporarily removed from the home pending the next court hearing. The child should remain with the parent unless; there is an emergency, the child is in immediate danger of abuse or neglect, or there is a warrant allowing for the removal. The burden of proof is prima face evidence. A CASA volunteer may be appointed at the initial/detention hearing. If so, the CASA’s role is to support the child and suggest needed services for the child. The CASA is not to comment on the issues of jurisdiction or initial disposition.         9

Jurisdictional Hearing   Jurisdictional Hearing     This is the hearing in which the Judge decides if the child falls within the jurisdiction of the court. Does the evidence show that the child is described by W&I Code 300? If the Judge decides that a child comes under W&I Code 300, the jurisdictional hearing gives the court the power over the child. In some counties, jurisdictional and dispositional hearings are done at the same time.         10

Dispositional Hearing   Dispositional Hearing     This is the hearing where the Judge decides what is going to happen. A child can return home, or be placed out of home. Then the court usually orders CWS to provide services to the family aimed at correcting the problems that led to court involvement and to stabilize or reunite the family. If the child is placed out of home, visitation orders are crucial. In certain instances the court may bypass services to the family.         11

  Relative Placement     There is a statutory preference when a child is removed from their parents or guardian, to place the child with relatives. W&I Code Section 361.3 enumerates the criteria to be considered for relative placement. Relatives must support reunification and facilitate visits between the child and the parents or guardian.         12

  6, 12, and 18 Month Reviews     When the court does order services, the court will review the case every six months to make sure reasonable services are being provided. The court can alter the services at a review hearing depending on the circumstances of the case. Services to reunify the family may not be offered longer than 18 months after a child is removed. In rare instances services may go until 24 months.         13

  End of Services     For a child who was removed under the age of 3 the court may end services after 6 months. Otherwise, families generally have 12 months to reunify, but services may sometimes go as long as 18 or 24 months. After the court ends services, it then sets a .26 hearing within 4 months to choose and implement a permanent plan for the child.         14

  .26 Hearing   The .26 hearing is the hearing when the judge decides what the permanent plan is going to be for the child. The law prefers the most permanent plan possible. (a) The court may find the child adoptable and terminate parental rights. (b) The court may appoint a legal guardian for the child; or (c) The court may order a planned permanent living arrangement, while looking for a more permanent home for the child. 15

Permanency Reviews Permanency reviews take place every 6 months.   Permanency Reviews     Permanency reviews take place every 6 months. The goal now shifts away from reunification and towards finding a permanent home for the child or emancipation. If the youth is 18 or older, the court may order AB12 services to assist the youth in learning independent living skills. The youth then becomes a Non Minor Dependent (NMD). A NMD may stay under the jurisdiction of the court until age 21.         16

Who Participates in a Case?   Who Participates in a Case?     There are many people involved in a dependency case. For our purposes we will look at them in two categories: Parties; and Players         17

  Parties     This is a person who has an actual personal stake in the outcome of the hearing. Parties have the right to be present at every stage of the proceedings. Parties have the right to an attorney, can put on evidence and call witnesses.         18

In a Dependency case the legal parties are:   In a Dependency case the legal parties are:     Child Mother – presumed, biological Father– presumed, legal, bio, alleged, Kelsay CWS – usually in the form of a social worker (SW) Legal guardians Native American Tribe De Facto parents (quasi party)         19

Types of Parents (parties)   Types of Parents (parties)     Presumed Biological Legal Alleged Kelsay De Facto – quasi party         20

The Tribe (parties) Indian Child Welfare Act Notice   The Tribe (parties)     Indian Child Welfare Act Notice Choose to Intervene         21

  Players     A player is someone who cares about the people involved, is involved in the case, or in some other way is important in the case. These individuals are part of the process, but do not have an absolute right to be present at all stages, or have the right to an attorney.         22

In a Dependency case the players are:   In a Dependency case the players are:     County Counsel Attorneys for the child and parents CASA volunteer Social Workers Family members Siblings Non Relative Extended Family Members (NREFM)– like step parents, god parents, family friends, etc. Service providers – foster parents, therapists, teachers, doctors etc.         23

Roles of Child’s Attorney and CASA   Roles of Child’s Attorney and CASA   When the court appoints an attorney for child the attorney is also a CAPTA GAL. This person is charged with conducting an independent investigation and reporting the best interests of the child to the court. Thus, the attorney’s role is tricky as s/he must strike a balance between what the child wants versus what is best in the attorney’s opinion. Child’s attorney has attorney-client privilege and cannot reveal secrets that the child confides. CASA volunteers are also authorized to investigate independently and report the CASA’s understanding of the child’s best interests to the court. CASAs are mandated reporters. 24

Different SW roles Informal or Voluntary Services Worker   Different SW roles     Informal or Voluntary Services Worker Emergency Response Worker Dependency Investigations Family Reunification Family Maintenance Permanency Adoptions Court Officer         25

Frequently Filed Motions   Frequently Filed Motions     .388 motion – motion to change a court order Anyone can file .387 motion– motion for a more restrictive placement CWS files .827 motion – Motion for Juvenile Records Non parties file –Except CASAs         26

  Questions?