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