Children are an essential part of society, and the law aims to protect them from harm or abuse. Subsequently, depending on the circumstances, you may lose custoy of your children in a juvenile dependency case. As a parent, you can avoid the challenging process of separating from your child by working with a family law attorney. They will provide all the necessary information regarding a juvenile dependency hearing and represent you in court to help you retain child custody. At San Diego Family Law Attorney, you can expect to work with a dedicated team of experienced family lawyers who understand the importance of a juvenile dependency case. Our role is to provide legal support and guidelines and represent you in court to help you accurately present your and your child’s needs.
What Juvenile Dependency Entails
Every parent is responsible for ensuring that their children are safe and well provided for at all times. Under the law, anyone under eighteen is a child and is entitled to your protection and care. Thus, any reports that you have failed to fulfill your duty accordingly will raise the alarm with the juvenile dependency court system, prompting investigations surrounding your case.
Thus, a juvenile dependency case involves assessing the claims against you as a parent for failure to protect and care for your child or even directly abusing them. While many claims surrounding these facts are valid, some parents face false accusations from third parties out of malice or vengeful acts.
Therefore, you want to contact a family law attorney as soon as possible to help you understand the nature of your case and prepare defenses if necessary. This is because you will appear in court to justify why the court should not remove your child custody rights based on the claims they receive.
The Juvenile Dependency Case Process
Like other criminal or civil cases, a juvenile dependency matter arises from a complaint or concern the court receives about a neglected or abused minor.
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Reporting Suspected Neglect or Abuse to a Minor
Typically, the social services department raises issues with a suspected neglectful parent, resulting in appropriate court action.
Additional sources of information for the court include concerned neighbors who may notice unusual activity between you and your child. Subsequently, they may report the matter to the police, who will forward it to the social services department.
Similarly, a minor’s teachers at school must report any signs of abuse or neglect that a child exhibits at school, provided they can reasonably link it to their lifestyle while at home. Thus, the concerned teacher may discreetly speak with the child to obtain helpful information to forward to the child and social services department.
Cases arising from strangers who reported parents for failure to exercise correct care are also acceptable, as the child’s best interests always come first. Therefore, you may receive an unexpected notice from the court informing you of the accusations against you even when you are unaware of the reporter.
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Investigations Surrounding the Reports
Once the social services department receives reports surrounding your questionable parenting, they will launch investigations to verify the claims. They do this to ensure that the subsequent outcomes do not affect an innocent parent, especially if the reporting party misunderstood the circumstances under which they raised concerns.
Furthermore, the investigations will help the social services department receive any relevant information they will use later in court, if necessary. Hence, you should consider this investigation similar to a police interrogation in regular criminal cases and request your family law attorney to be present or provide guidelines for you.
Investigations may take on various formats, including direct interrogations of you. Thus, the assigned social services representative will ask different questions about your parenting style. They may also inquire about your involvement in your child’s life and whether you cater to their financial needs alone.
You should also expect questions about your work line, your monthly income, and whether you have outstanding payments on essential needs like rent and school fees. The information is necessary because some professions are traditionally viewed as harmful to a child’s development, especially if they are constantly around you as you work.
For example, involvement in unlawful practices like drug trafficking, robbery, prostitution, or money laundering endangers you and your child. Similarly, the social worker may request additional information on your drug history, including addiction cases.
Additionally, you can expect the social worker to visit your home and examine your living conditions. They may do this for various reasons, including verifying whether what you previously disclosed to them matches the actual situation. For example, if you state that your children have access to all basic needs like food and comfortable shelter, they will compare your living conditions to your previous statements.
The assigned social worker can also engage the child directly to further learn about the living conditions from their perspective. Usually, the worker will request to conduct this interview in your absence so that your presence does not influence the child to withhold information.
If you have undertaken your duties as a parent correctly up to this stage, you have nothing to worry about, provided your child comprehends the questions they face. The social worker can also gauge when the child expresses discomfort with a topic, leading them to draw objective conclusions. However, some social workers may be inclined to spin a narrative against you, and you will determine this after reading the report they generate.
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Removing the Child From Your Custody
In child abuse cases, the social services department may ask the court to deny you child custody rights. Hence, your child becomes dependent on the court until the social services worker can find a suitable foster family or close relatives who will shelter the minor. These drastic measures prevent you from possibly abusing the child as investigations continue.
Notably, you may lose your child even if the social services department has not yet proved that you abused your child, as the court cannot risk giving you the benefit of the doubt at the minor’s expense. All these transfers happen just before or during the investigation stage, so you will have to adapt to different changes within a short time frame.
Although you lose child custody during this stage, you can inquire about where your child will stay as the social services department continues with investigations. Expressing this concern as soon as possible helps you track your child's safety and may even help the social workers apply more objective investigation measures.
However, the officers may fail to disclose this information to you if they strongly believe you are a danger to your child. Thus, you will remain unaware of your child’s whereabouts during the period unless a serious issue arises that requires your intervention.
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Filing the Juvenile Dependency Case
Although many people are eligible to report suspected abuse and neglectful behavior that you exert on your child, access to case applications and filing is limited. Usually, the court will only hear a juvenile dependency matter filed through the Department of Child and Family Services.
Your family law attorney will inform you as soon as the court receives the filed case to help you prepare for the upcoming proceedings. Additionally, your lawyer will receive a copy of the claims against you to help you determine whether your matter involves false accusations. With the statement of claim within your reach, you can begin discussions with your attorney on navigating the juvenile dependency case for your child’s best interests.
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The Juvenile Dependency Hearing
The presiding judge will issue a hearing date after the court receives a filed copy of the juvenile dependency case. During the proceedings, you will answer the accusations in question and have a chance to justify your actions if you strongly believe they are misunderstood.
Furthermore, the court will consider the factors surrounding the case to establish whether they will permanently remove your access to child custody and place the minor as a court dependent. This is the most crucial stage of the case for you, as it determines whether you will continue to see and live with your child.
Factors for the Judge to Consider in Changing a Minor’s Custody
Due to how pivotal the juvenile dependency hearing is to your life as a parent, you want to prepare adequately and learn the possible questions to answer in court. You can do this by familiarizing yourself with the elements for the court’s consideration before making the child dependent on the court. They include:
Whether You Have Caused Physical Harm to Your Child
When a child faces physical harm from beatings, rough handling, or other reckless behavior, the signs are often visible through scars. Therefore, the social services worker handling your case may ask the child to recount each story behind their scars. If they reveal any marks from a physical abuse incident involving you, the information is enough to invoke court orders removing you as the rightful child custodian.
Sometimes, physical abuse is not visible, especially if no scars form on the child’s body. Even so, the investigating social worker will engage the child and ask about past physical violence incidents that you exposed your child to. If any arise, you will lose child custody and wait for the judge’s directives.
Whether You or Any Guardian has Sexually Abused the Child
Sexual harassment is a serious accusation, resulting in separate criminal charges for any involved parent. Therefore, you will not only lose your child custody rights but also risk facing years in prison if you are abused or refuse to report any case of sexual abuse against your child. The rules apply even when the abuser is the child’s other parent or a long-standing member of your household.
Whether the Child Faces Acts of Cruelty at Home
Apart from physical violence, your child may be a victim of acts of cruelty at home. These acts include harsh punishments beyond the child’s strength or continuous mental anguish from constant harsh words or taunting. Examples of cruel practices include locking the child up and denying them access to interaction with others, except when you find it necessary.
Moreover, giving the child physically demanding tasks like lifting or moving heavy items or forcing them to work to support the family when they should be in school also amounts to child abuse and cruelty. The cruelty accusations become relevant when you impose physical violence or additional punishments if the child fails to meet the targets you set for them as they work.
Whether the Child’s Needs are Unmet
Similarly, parents should strive to provide for their children’s basic needs like food, shelter, clothing, and education. Outright denial of these rights to a child also amounts to abuse, especially if you can afford to provide for them but choose not to. Thus, the social worker investigating your case will compare your income statements to the provisions you make for your child to determine whether you are endangering and abusing the minor.
How to Recover Your Child Custody Rights
Overall, your ability to recover your child’s custody depends on how well you defend yourself in court by countering children and family services department claims. With your family law attorney’s help, you can defend yourself and persuade the court to consider your claims truthful before transferring your child’s custody.
To do this, you need to consolidate solid evidence that proves you only acted in your child’s best interests and that you have never intentionally endangered your child’s life or safety. Reliable evidential sources include:
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Witness Testimonies
One of the most compelling evidential sources is witness testimonies from people who often interact with your family, as they can provide first-hand information on your behavior as a parent. These include your neighbors, friends, extended family members, and partners.
Since the children and family services department will have filed the claims against you, they may have already contacted some of the witnesses you considered to testify about your alleged behavior. Even so, the witnesses will provide objective statements if you have conducted your duties properly, so you have nothing to worry about.
Nevertheless, you should also consider calling on your witnesses, who have a close relationship with your family and can remain objective throughout the case. In doing so, your credibility improves, and you have better chances of regaining child custody.
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Your Child’s Statement
Your child’s statement regarding your parenting is equally powerful, as they are the direct person of interest that the court seeks to protect. The minor’s statement is even more influential when you have not interacted with them before the court date, as they are more likely to be genuine in their testimony.
Thus, if your child speaks positively about you, the judge will likely decide in your favor and order you retain custody. However, the presiding judge will also carefully study the child’s body language and reaction as they testify to ensure you have not imposed any influence on them.
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Psychiatric Reports from Your Assessment
Moreover, if the child abuse or negligence claims stem from your apparent mental instability, you can undergo a psychiatric assessment to support your counterargument. You can persuade the court to reconsider the claims against you through the medical reports prepared by a professional psychiatric doctor.
However, the judge requires proof that the professional has the necessary certifications and should preferably not have had a prior relationship with you. You can also use the examinations to prove your competence as a parent if you face drug addiction claims. When the information demonstrates consistent sobriety, you will have shown that you are responsible enough to continue caring for your child.
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Statements from Your Family Attorney
Finally, your family law attorney can persuade the court by preparing a compelling closing statement that encompasses all the information you present. By consolidating the information that proves you are a caring and responsible parent, your lawyer’s statement can be the final push that helps the judge decide the juvenile dependency case in your favor.
Find a Family Law Attorney Near Me
Nothing comes close to losing your children to court custody, especially under false claims or a misunderstanding. Therefore, you should strive to present your defense in a juvenile dependency case to reduce the chances of your child leaving your custody and moving to a different family by working with a family lawyer. With the right team, you have better chances of persuading the court to consider your point of view and accept that you are not a danger to your child.
At San Diego Family Law Attorney, our role is to help you prepare for a juvenile dependency case in the best way possible to help you reunite with your child. Our team includes skilled and experienced family lawyers who can demonstrate your dedication to parental duties, bringing you one step closer to regaining child custody. If you or a loved one needs more information on juvenile dependency, call us at 619-610-7425.
