{"id":24099,"date":"2017-08-11T07:46:52","date_gmt":"2017-08-11T14:46:52","guid":{"rendered":"http:\/\/vps39547.inmotionhosting.com\/~advokids\/?page_id=24099"},"modified":"2021-02-09T13:31:13","modified_gmt":"2021-02-09T21:31:13","slug":"juvenile-court-process","status":"publish","type":"page","link":"https:\/\/adevine.io\/advokids-backup\/legal-tools\/juvenile-court-process\/","title":{"rendered":"Juvenile Court Process"},"content":{"rendered":"
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DEPENDENCY COURT PROCESS<\/h3>\n

In most cases, a dependency case comes to court shortly after a child has been removed from their home by the police or a social worker. The police or social worker may remove a child from their home if they have a reason to believe that there is an imminent risk of harm to the child.<\/p>\n

The best outcomes for foster children occur when everyone involved in the child's care and supervision works together using all of the legal tools available to them. Too often problems in a child's case are not identified and communicated effectively to the Juvenile Court or the responsible agencies. The main participants in the Juvenile Court process are the Juvenile Court, county child welfare agencies, parents, children, foster family agencies, caregivers, and attorneys.<\/p>\n<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\n

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Participants Involved in Juvenile Dependency Case<\/h3>\n

For specific information, please click on the relevant topic:<\/p>\n<\/div>\n\t<\/div>\n<\/div>\n

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  • The Juvenile Court<\/li><\/h4><\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

    The court's authority for dependency cases is found within the California Welfare and Institutions Code. The court's role is to ensure that the rights of children and their familes are protected in accordance with the law designed to protect abused and neglected children. The court appoints an attorney to represent each parent\/guardian and child. During hearings, the court may consider information about the alleged abuse or neglect, the wellbeing of the children, police and social worker reports, medical and psychiatric reports, family history, placement options, and oral arguments from attorneys. Testimony may be heard from people such as social worker(s), police officers, parents, family members, doctors, teachers, witnesses, and in some cases, the child(ren).<\/p>\n

    County child welfare agencies are accountable to the juvenile courts as they\u00a0propose outcomes for initial case disposition hearings and review hearings.
    Welfare and Institutions Code \u00a7 300 et seq.<\/a><\/p>\n<\/div>\n\t<\/div>\n\t\t

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  • County Welfare Agency<\/li><\/h4><\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

    County child welfare agencies are responsible for the day-to-day casework for foster children in California. County agencies must file reports and recommendations to the juvenile court for each regularly scheduled hearing.<\/p>\n<\/div>\n\t<\/div>\n\t\t

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  • Child<\/li><\/h4><\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

    The child has a right to participate in his or her dependency case. \u00a0If a child 10 years of age or older is not present, the court is to inquire whether that child received notice and the opportunity to attend and, if not, the court may continue the matter for the child to appear.<\/p>\n<\/div>\n\t<\/div>\n\t\t

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  • Foster Family Agency<\/li><\/h4><\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

    Foster family agencies (FFAs) may be responsible for the day-to-day casework with foster children in California if the child is placed in foster care through an FFA. FFAs have a duty to file periodic reports with the juvenile court, including the JV-290 Caregiver Information Form. Welfare and Institution Code\u00a0\u00a7 366.21(d) requires that these reports be filed prior to any hearing involving a child in the custody of a community care facility or foster family agency that may result in the return of the child to the custody of his or her parent or legal guardian, adoption, or the creation of a legal guardianship.
    \u00a0    Welfare and Institutions Code \u00a7 366.21(d)<\/a><\/p>\n<\/div>\n\t<\/div>\n\t\t

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  • Attorneys<\/li><\/h4><\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

    Attorneys are appointed by the court for each child and parent\/guardian for each case. Attorneys charged with the duty of representing foster children in the juvenile court system have a tremendous responsibility. It is important for all child advocates to be familiar with Welfare and Institutions Code \u00a7 317(e), which lays out the roles and responsibilities of attorneys charged with the representation of a child in the child welfare system. For more information about the role of minor's counsel, see our\u00a0Attorneys Representing Children page<\/a>.
    Welfare and Institutions Code \u00a7 317(e)<\/a><\/p>\n<\/div>\n\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\n

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    Dependency Timeline<\/h3>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t<\/div>\n<\/div>\n\t\t\t
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    TABLE OF CONTENTS:<\/strong><\/p>\n

    Participants Involved in a Juvenile Dependency Case<\/a><\/p>\n

    Dependency Timeline<\/a><\/p>\n

    Juvenile Dependency Proceedings<\/a><\/p>\n

    Appellate Review of Dependency Court Orders<\/a><\/p>\n

    General Appeals in Dependency Cases<\/a><\/p>\n

    Challenges via Writ Petition<\/a><\/p>\n

    Placement Decisions made after Parental Rights are Terminated (post .26 hearing)<\/a><\/p>\n

    Filings that Can be Done at Any Time in the Case<\/a><\/p>\n

    Commonly Used Juvenile Dependency Court Forms<\/a><\/p>\n

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    The timelines that are a part of our dependency statutes recognize the importance of a child\u2019s sense of time, the central role of the young child\u2019s caregiver relationship that drives the child\u2019s growth and development, and determines the ultimate structure of the child's brain. To this end, the legislature has enacted shorter timelines for children under three years old. For children under three at the time of removal, the statutory time limit on renunciation services for parent is six months from the date of disposition unless the parent has made substantial<\/em> progress and the court finds the child may <\/em>be returned to a safe home by the date of the 12 month review hearing or reasonable services have not been provided to the parents. For more information on this, please see the 6-Month Review Hearing section below.<\/p>\n

    Respecting the time lines and honoring the child\u2019s caregiver relationship is critical to the health and safety of the developing child.<\/p>\n

    The following chart illustrates the dependency hearing proceedings:<\/p>\n

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    Juvenile Dependency Proceedings<\/h3>\n

    For specific information, please click on the relevant topic:<\/p>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\n

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  • Protective Custody<\/li><\/h4><\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t
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    A child in need of immediate care or protection may be placed into temporary custody by a peace officer or protective services social worker. When a child is taken into protective custody, the social worker or probation officer must take\u00a0immediate\u00a0<\/strong>steps to notify the child\u2019s parent, guardian or a responsible relative. The department must ensure that the child has telephone contact with his or her parent\u00a0within 5 hours of being taken into custody.\u00a0<\/strong>The department must also inform children over the age of 10\u00a0within one hour of being taken into custody<\/strong>\u00a0that they are entitled to two telephone calls, one to their parent and one to an attorney. \u00a0
    Welfare and Institutions Code \u00a7\u00a7\u00a0<\/a>305,<\/a>\u00a0306,<\/a>\u00a0308<\/a><\/p>\n<\/div>\n<\/div>\n<\/div>\n\t<\/div>\n\t\t

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  • Petition<\/li><\/h4><\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

    If a child has been taken into protective custody, the Department must file a petition\u00a0within\u00a0<\/strong>2 court days<\/strong>.\u00a0 The petition initiates dependency court hearings, identifies the child(ren) and parent(s) involved with the case, and describes the allegations of abuse or neglect against the child(ren). The court clerk files the petition and assigns the case to a courtroom for an initial hearing. \u00a0If the petition is not filed within the requisite time, the child must be released back to the parent or guardian.<\/p>\n

    When a child is held in protective custody for\u00a0more than six hours and released<\/strong>\u00a0without the filing a petition, the social worker must,\u00a0within 72 hours of the release<\/strong>, file an explanation of why the child was held in custody and provide a copy of that explanation to the child\u2019s parent or guardian.
    \u00a0    Welfare and Institutions Code \u00a7 313<\/a><\/p>\n

    For more information on what to do when the Agency does not act on serious allegations of abuse or neglect, see our\u00a0Request a Child's Protection Through Juvenile Court page.<\/a><\/p>\n<\/div>\n\t<\/div>\n\t\t

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  • Initial Hearing \/ Detention Hearing<\/li><\/h4><\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

    The initial hearing for a child who remains in the custody of the parent\/guardian must be set\u00a0within 30 days of the filing of the petition. \u00a0<\/strong>The initial hearing is a \u201cdetention hearing\u201d if a child has been taken from their home and placed into protective custody. \u00a0This hearing must be held the next court day after the petition is filed. At the detention hearing the court determines whether the child is to remain in protective custody pending the jurisdiction hearing or returned to the parent.\u00a0
    Welfare and Institutions Code \u00a7 315<\/a><\/p>\n

    At the detention hearing the court is required to:<\/p>\n