?INTRODUCTION TO JUVENILE DEPENDENCY COURT? YOUR RIGHTS WHEN A SOCIAL WORKER CALLS 2 PATHS:SUBMIT OR RESIST FROM THE START DON'T LET A SOCIAL WORKER INTO YOUR HOME WITHOUT A WARRENT (U.S. Constitution?4th Amendment? no searches without warrant) ONLY TELL SOCIAL WORKER WHAT?S NEEDED (U.S. Constitution:5th Amendment:Right to remain silent) BE FRIENDLY BUT DON'T TALK DON'T GIVE FAMILY HISTORY DENY ALL LIES WITH SHORT ANSWERS YOUR RIGHTS SOCIAL WORKER AND POLICE AT THE DOOR BE RESPECTFUL AND IF THEY HAVE A WARRENT, LET THEM IN (4th Amend.) ONLY TELL THEM WHAT?S NECESSARY AS IT WILL BE USED LATER 5th Amend. WHAT CAN YOU TALK OR NOT TALK ABOUT? DISCUSS SPECIFIC INCIDENTS AS IS REQUIRED TO PROVIDE INFO DO NOT ADD THINGS LIKE BAD INFO ABOUT YOUR HUSBAND, BF, FAMILY, ETC., IF IT COULD PAINT A BAD PICTURE LATER IN COURT MOST INFORMATION IS DIGGING INTO YOUR OR YOUR FAMILY'S PAST WHICH IS USED LATER TO HURT YOU. YOU WILL KNOW IF IT IS ABSOLUTELY IMPORTANT YOUR RIGHTS INVESTIGATIVE SOCIAL WORKER AN INVESTIGATIVE SOCIAL WORKER (SW) WILL BE ASSIGNED UPON DETENTION. Detention: holding child out of home. THE SW WILL TRY TO GATHER INFO TO KEEP OR GIVE BACK CHILDREN SW WILL PRESENT A REPORT TO THE COURT WITH THE INFO GATHERED A DETENTION HEARING WILL BE SET WITHIN 72 HOURS TO DECIDE WHETHER TO KEEP CHILD. DETENTION HEARING--First chance to get child back WARNING:CONSTANT PRESSURE TO SUBMIT BEGINS HERE. BEFORE COURT PICK UP THE DETENTION WIC 300 RPT FROM CLERK IN THE WAITING ROOM READ EVERY WORD OF DETENTION PETITION, EVEN FINE PRINT. (You May request interpreter) PETITIONS ALWAYS HAVE SAME FORMAT. REQUEST AN ATTORNEY OR HIRE ONE Detention hearing IN COURT REQUEST A CONTESTED HEARING UNLESS PETITON IS CORRECT. YOU CAN BARGAIN TO REDUCE ALLEGATIONS. Example: From child abuse to parental conflict. WARNING: COURT APPOINTED LAWYERS WILL TRY TO MAKE YOU SUBMIT. DETENTION HEARING AFTER COURT OBJECT TO ALL FALSE ALLEGATIONS IN PETITION WITH EVIDENCE AND WRITTEN OBJECTIONS. RESPONSE?FILE WITH CLERK ON 1ST FLOOR PROVIDE WITNESSES AND EVIDENCE IN THE CONTESTED HEARING. Bring people & have them tell your side of story; they must have direct knowledge of facts, not hearsay. YOUR RIGHTS WHAT IS NEXT AFTER DETENTION? INVESTIGATIONS INTERVIEWS W/ RELATIVES PLACEMENT OF CHILDREN EACH RELATIVE IN WRITING REQUEST PLACEMENT WITH RELATIVES; KEEP COPY SERVICES OFFERED JURISDICTIONAL HEARING DISPOSITIONAL TRIAL SERVICES SUCH AS PARENTING OR DV CASE PLAN RETURN OF CHILD TERMINATION OF PARENTAL RIGHTS DEPENDENCY COURT STEPS 1.DETENTION HEARING WITHIN 72 HOURS PRE-JURISDICTION SERVICES BY-PASS?VERY DANGEROUS PSYCHOLOGICAL EVALUATION?NEVER SUBMIT BEFORE #2 IS DECIDED. 2.JURISDICTION HEARING 3.DISPOSITION HEARING - - Case plan 4.REUNIFICATIONSERVICES BY AGE OF CHILD: 18 MONTHS>4YO AGE/6 MONTHS <4YO AGE (ASFA) RETURN OF CHILDREN WHEN SERVICES DONE YOU SHOULD GET COURT REPORTS 10 DAYS BEFORE A HEARING OR YOU NEED TO ASK FOR A CONTINUANCE. ? MEDIATION YOU MAY BE OFFERED MEDIATION AT VARIOUS TIMES. THIS IS AN ATTEMPT TO WORK OUT AN AGREEMENT. PROBLEM:THEY MAY OFFER TO RETURN OLDER KIDS,TAKE BABY. IT NEVER HURTS TO TRY TO AGREE. KEEP IN MIND:?YOU CAN SAY NO. Jurisdiction hearing Due process of law 60 days-6 months after detention Trials may be in civil courthouse Bring witnesses, evidence re: petition Main chance to address lies in petition Prepare Motion to Strike for every court report written by the soical worker Disposition hearing They decide what to do with the child and types of services. May order psychological evaluations Come prepared with positive alternative proposals Have every relative who wants the child write & say they'll make a good home. ? TERMINATION - ADOPTION W&I Code sec. 366.26 hearing is set to terminate parental rights, adopt child. W/in 7 calendar days file Rule 39.1(b) notice of intent to file writ & request for record (JV-820). W/in 10 days after the record is filed by the court clerk, the writ petition must be filed & served. Law:You cannot appeal if you don't?file a?writ. This gives you the record. Due Process of Law:14th Amend. Notice Opportunity to be heard Present evidence & witnesses Use subpoenas Confront & cross-examine witnesses, including social worker Adequate record Adequate counsel or represent yourself: Marsden Appeal Malinda S. (1990) 51 Cal.3d 368 YOUR RIGHTS COMPLETION OF THE CASE PLAN AT 6 MONTHS, A REVIEW HEARING SW RECOMMENDS RETURN OF CHILD OR TERMINATION OF PARENTAL RIGHTS YOU MUST COMPLETE THE OFFERED SERVICES & DOCUMENT THE SERVICES BRING CERTIFICATES OF COMPLETION REQUEST PLACEMENT AT HOME WITH SERVICES ? YOUR RIGHTS NEW INFORMATION TO PRESENT TO COURT PUT EVERYTHING IN WRITING TO SW!!!!!! CONFIRMATION Letter:This is to confirm I informed you that . . . KEEP ATTORNEY INFORMED OF SW COMMUNICATIONS?IN WRITING IF YOU CAN- NOTIFY OF CHANGE IN CIRCUMSTANCES SUCH AS NEW JOB, DV CLASSES, NEW HOME, PREGNANCY, POSITIVES YOU CAN PRESENT A CHANGE OF CIRCUMSTANCES OR NEW INFO TO COURT IN A WIC 388 MOTION AND REQUEST A DIFFERENT ORDER (NEXT CLASS) DANGERS UNCONTESTED ALLEGATIONS IN THE REPORTS ADVERSARIAL SOCIAL WORKER LIES BY OTHERS, DIVORCE CASE TIES BTN. FAMILY AND DEPENDENCY COURTS ABUSE IN FOSTER CARE LACK OF DOCUMENTATION NOT FOLLOWING CASE PLAN BAD SW REPORTS TO THE COURT LACK OF DUE PROCESS, CROSS EXAMINATION BAD ATTORNEYS PRESSURE YOU TO AGREE CHILD PROTECTIVE SERVICES CPS AND SOCIAL WORKERS SUPPOSED TO PROVIDE IN HOME SERVICES SHOULD NOT BE ADVERSARIAL SHOULD PROVIDE EFFECTIVE SERVICES SHOULD PROTECT YOUR CHILDREN ARE REQUIRED TO FIRST PROVIDE SERVICES IN THE HOME REFERRALS TO LOW INCOME HOMES, INFANT SUPPORT AND FAMILY REUNIFICATION ECONOMIC INCENTIVES CHILD ABUSE AND TREATMENT ACT (CAPTA) THE MONDALE ACT OF 1974 PROVIDE SERVICES TO KEEP FAMILIES AT HOME ?PREVENT CHILD ABUSE AND KEEP FAMILIES TOGETHER ESTABLISHED THE COURT SUPPORT SERVICES SUCH AS SW, VISITATION, PARENTING CLASSES, DV CLASSES AND PSYCHIATRIC HELP (MONEY) ESTABLISHED A BUSINESS TO PROTECT CHILDREN IF CHILDREN ARE NOT TAKEN, NO BUSINESS SHELTER, GROUP HOMES & FOSTER (MONEY) ECONOMIC INCENTIVES ADOPTIONS AND SAFE FAMILIES ACT (ASFA) ASFA DEVELOPED IN 1998 TO HELP ADOPTION OF TEENS LANGUISHING IN FOSTER CARE $4,000 TO $6,000 INCENTIVE BONUS TO COUNTY PER ADOPTION AFTER 1998 60-70% OF CHILDREN ADOPTED ARE 4 YEARS OLD OR LESS INCENTIVE BONUS IS STEALING BABIES MOST GET OLDER CHILD BACK AND LOSE BABY ASFA IS ALL ABOUT MONEY DEPENDENCY COURT CONCLUSION WATCH WHAT YOU SAY TO THE SW (SOME SW OK) OBJECT TO ALL ALLEGATIONS AGAINST YOU AS THEY WILL BE USED TO TAKE YOUR KIDS COMPLETE YOUR SERVICES DOCUMENT EVERYTHING IN WRITING ASK QUESTIONS IN WRITING, SW OR ATTORNEY DO NOT GIVE UP! nWITH AN ORGANIZATION YOU CAN HELP BRING CHANGE TO JUVENILE COURT