Advocates for Children
and
Families
INTRODUCTION TO JUVENILE
DEPENDENCY COURT
YOUR RIGHTS
CALL FROM THE SOCIAL WORKER TO
HOME
n 2 PATHS—SUBMIT &
RESIST, FROM THE START
n DON’T LET A SOCIAL WORKER
INTO YOUR HOME WITHOUT A COURT ORDER
U.S. Constitution—4th Amendment— no searches
without warrant
n ONLY TELL SOCIAL WORKER
WHAT’S NEEDED---
U.S. Constitution—5th Amendment—Right to
remain silent
n BE FRIENDLY BUT DON’T
TALK
n DON’T GIVE FAMILY
HISTORY
n DENY ALL LIES WITH SHORT
ANSWERS
YOUR RIGHTS
SOCIAL WORKER AND POLICE AT THE
DOOR
n
BE RESPECTFUL AND IF THEY HAVE A COURT ORDER, LET THEM
IN—4th Amend.
n
ONLY TELL THEM WHAT’S NECESSARY AS IT WILL BE USED
LATER—5th Amend.
n
WHAT CAN YOU TALK OR NOT
TALK ABOUT?
n
DISCUSS SPECIFIC INCIDENTS
AS IS REQUIRED TO PROVIDE INFO
n
DO NOT ADD THINGS LIKE BAD
INFO ABOUT YOUR HUSBAND, BF, FAMILY, ETC., IF IT COULD PAINT A BAD PICTURE LATER
IN COURT
n
MOST INFORMATION IS DIGGING
INTO YOUR OR YOUR FAMILY’S PAST WHICH IS USED LATER TO HURT YOU.
n
YOU WILL KNOW IF IT IS
ABSOLUTELY IMPORTANT
YOUR RIGHTS
INVESTIGATIVE SOCIAL
WORKER
n AN INVESTIGATIVE SOCIAL
WORKER (SW) WILL BE ASSIGNED UPON DETENTION.
n “Detention” = holding child out of
home.
n THE SW WILL TRY TO GATHER
INFO TO KEEP OR GIVE BACK CHILDREN
n SW WILL PRESENT A REPORT
TO THE COURT WITH THE INFO GATHERED
n A DETENTION HEARING WILL
BE SET WITHIN 72 HOURS TO DECIDE WHETHER TO KEEP CHILD.
DETENTION HEARING--
First chance to get
child back
n WARNING: CONSTANT PRESSURE TO SUBMIT BEGINS
HERE.
n BEFORE
COURT
n PICK UP THE DETENTION WIC
300 RPT FROM CLERK IN THE WAITING ROOM
n READ EVERY WORD OF
DETENTION PETITION,
EVEN FINE PRINT. May request
interpreter.
PETITIONS ALWAYS HAVE SAME FORMAT.
n REQUEST AN ATTORNEY OR
HIRE ONE
Detention hearing
n IN
COURT
n REQUEST A CONTESTED
HEARING UNLESS PETITON IS CORRECT.
Look to the long run.
n YOU CAN BARGAIN TO REDUCE
ALLEGATIONS.
Example: From child abuse to
parental conflict.
n 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 RESPONSE—FILE WITH CLERK ON 1ST
FLOOR
n 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?
n
INVESTIGATIONS
n
INTERVIEWS W/
RELATIVES
n
PLACEMENT OF
CHILDREN
n
EACH RELATIVE IN WRITING
REQUEST PLACEMENT WITH RELATIVES; KEEP COPY
n
SERVICES
OFFERED
n
JURISDICTIONAL
HEARING
n DISPOSITIONAL
TRIAL
n SERVICES SUCH AS PARENTING
OR DV
n CASE
PLAN
n RETURN OF
CHILD
n TERMINATION OF PARENTAL
RIGHTS
DEPENDENCY COURT STEPS
n
1.
DETENTION HEARING WITHIN 72 HOURS
n
PRE-JURISDICTION
SERVICES
n
BY-PASS—VERY DANGEROUS
n
PSYCHOLOGICAL
EVALUATION—NEVER BEFORE #2.
n
2.
JURISDICTION HEARING
n
3.
DISPOSITION HEARING - - Case plan
n
4.
REUNIFICATION
SERVICES BY AGE OF CHILD: 18 MONTHS>4YO
AGE/6 MONTHS <4YO AGE (ASFA)
n
RETURN OF CHILDREN WHEN
SERVICES DONE
n
YOU SHOULD GET COURT
REPORTS 10 DAYS BEFORE A HEARING OR YOU NEED TO ASK FOR A CONTINUANCE FC
3111
MEDIATION
n
YOU MAY BE OFFERED MEDIATION
AT VARIOUS TIMES.
n
THIS IS AN ATTEMPT TO WORK OUT AN AGREEMENT.
n
PROBLEM:
THEY MAY OFFER TO RETURN OLDER KIDS, TAKE BABY.
n
IT NEVER HURTS TO TRY TO AGREE.
n
KEEP IN MIND:
YOU CAN SAY NO.
Jurisdiction hearing
n
Due process of law
n
60 days-6 months after detention
n
Trials may be in civil courthouse
n
Bring witnesses, evidence re: petition
n
Main chance to address lies in petition
Disposition hearing
n
They decide what to do with the child
and types of
“services”
n
May order psychological evaluations
n
Come prepared with positive alternative
proposals
n
Have every relative who wants the child
write & say they’ll
make a good home.
TERMINATION - ADOPTION
n W&I Code sec. 366.26
hearing is set to terminate parental rights, adopt child.
n W/in 7 calendar days file
Rule 39.1(b) notice of intent to file writ & request for record
(JV-820).
n W/in 10 days after the
record is filed by the court clerk, the writ petition must be filed &
served.
n Law: You can’t appeal if you don’t do
writ.
n This gives you the
record.
Due Process of Law—14th
Amend.
n
Notice
n
Opportunity to be
heard
n
Present evidence &
witnesses
Use
subpoenas
n
Confront &
cross-examine witnesses,
including
social worker
n
Adequate
record
n
Adequate counsel –
represent yourself Marsden
n
Appeal
n
Malinda S.
(1990) 51 Cal.3d 368
YOUR RIGHTS
COMPLETION OF THE CASE
PLAN
n AT 6 MONTHS, A REVIEW
HEARING
n SW RECOMMENDS RETURN OF
CHILD OR TERMINATION OF PARENTAL RIGHTS
n YOU MUST COMPLETE THE
OFFERED SERVICES & DOCUMENT THE SERVICES
n BRING CERTIFICATES OF
COMPLETION
n REQUEST PLACEMENT AT HOME
WITH SERVICES
YOUR RIGHTS
NEW INFORMATION TO PRESENT TO
COURT
n
PUT EVERYTHING IN WRITING
TO SW—!!!!!!!
Letter: This is to confirm I informed you that .
. .
n
KEEP ATTORNEY INFORMED OF
SW COMMUNICATIONS—IN WRITING IF YOU CAN-
n
NOTIFY OF CHANGE IN
CIRCUMSTANCES SUCH AS NEW JOB, DV CLASSES, NEW HOME, PREGNANCY,
POSITIVES
n
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
n
UNCONTESTED ALLEGATIONS IN
THE REPORTS
n
ADVERSARIAL SOCIAL
WORKER
n
LIES BY OTHERS, DIVORCE
CASE
n
TIES BTN. FAMILY AND
DEPENDENCY COURTS
n
ABUSE IN FOSTER
CARE
n
LACK OF
DOCUMENTATION
n
NOT FOLLOWING CASE
PLAN
n
BAD SW REPORTS TO THE
COURT
n
LACK OF DUE PROCESS, CROSS
EXAMINATION
n
BAD ATTORNEYS PRESSURE YOU
TO AGREE
CHILD PROTECTIVE SERVICES
CPS AND SOCIAL
WORKERS
n SUPPOSED TO PROVIDE IN
HOME SERVICES
n SHOULD NOT BE
ADVERSARIAL
n SHOULD PROVIDE EFFECTIVE
SERVICES
n SHOULD PROTECT YOUR
CHILDREN
n ARE REQUIRED TO FIRST
PROVIDE SERVICES IN THE HOME
n REFERRALS TO LOW INCOME
HOMES, INFANT SUPPORT AND FAMILY REUNIFICATION
ECONOMIC INCENTIVES
CHILD ABUSE AND
TREATMENT ACT (CAPTA)
n
THE MONDALE ACT OF
1974
n
PROVIDE SERVICES TO KEEP
FAMILIES AT HOME
n
PREVENT CHILD ABUSE AND
KEEP FAMILIES TOGETHER
n
ESTABLISHED THE COURT
SUPPORT SERVICES SUCH AS SW, VISITATION, PARENTING CLASSES, DV CLASSES AND
PSYCHIATRIC HELP (MONEY)
n
ESTABLISHED A BUSINESS TO
PROTECT CHILDREN
n
IF CHILDREN ARE NOT TAKEN,
NO BUSINESS
n
SHELTER, GROUP HOMES &
FOSTER (MONEY)
ECONOMIC INCENTIVES
ADOPTIONS AND SAFE
FAMILIES ACT (ASFA)
n
ASFA DEVELOPED IN 1998 TO
HELP ADOPTION OF TEENS LANGUISHING IN FOSTER CARE
n
$4,000 TO
$6,000 INCENTIVE BONUS TO COUNTY PER ADOPTION
n
AFTER ‘98 60-70% OF
CHILDREN ADOPTED ARE 4 YEARS OLD OR LESS
n
INCENTIVE BONUS IS
STEALING BABIES
n
MOST GET OLDER CHILD BACK
AND LOSE BABY
n
ASFA IS ALL ABOUT
MONEY
DEPENDENCY COURT
CONCLUSION
n WATCH WHAT YOU SAY TO THE
SW (SOME SW OK)
n OBJECT TO ALL ALLEGATIONS
AGAINST YOU AS THEY WILL BE USED TO TAKE YOUR KIDS
n COMPLETE YOUR SERVICES
n DOCUMENT EVERYTHING IN
WRITING
n ASK QUESTIONS IN WRITING,
SW OR ATTORNEY
n DON’T GIVE
UP
n WITH AN
ORGANIZATION YOU CAN CHANGE JUVENILE COURT