juvenile law

Juvenile Dependency Court in California is the court that hears cases regarding abuse and neglect of children. The Juvenile Dependency Court is charged with the protection of these children and all decisions in the court are made with the well being of the juvenile in mind. Whenever possible, the court will attempt to keep families together, as it is widely acknowledged that children are happiest when they are with their true families. It is usually only in circumstances where safety is a concern that the Juvenile Dependency Court will separate a family.

In California, the Juvenile Dependency Court process usually begins with a report to social services about the safety of a child. A social worker will have to investigate the claim, and give their opinion to the court if the child is in any type of danger. If the social worker finds that the child:

• Wasn’t well taken care of or watched over;
• Was neglected, abused, or molested; or
• Was left with someone who didn’t take good care of them.

They may be placed into a shelter or foster care facility. In some instances, the child can also be sent to the other parents home or to live with a family member. This is usually up to the social worker in charge of the case and the court.

If the social worker has determined that neglect exists and they decide to remove the child from their home, they have 2 days to file a petition with the court that the child become a “dependent of the court”. If the child isn’t taken away, the social worker has more time to file.

Juvenile Dependency Court proceedings are extremely important, affecting every part of your child’s and your own future. With Wallin & Klarich on your side, you can rest assured that your skilled San Diego family law attorney is working hard to get the best possible outcome for you and your family. We have more than 30 years of experience in divorce, child custody and juvenile dependency family law matters. And with offices located from San Diego to Ventura to the Inland Empire, we’re able to be there for you, wherever you happen to be. For a consultation, call us today at 1-888-749-7428.

Source article:http://www.courtinfo.ca.gov/selfhelp/family/juv/

It is important to have a private attorney represent you in any matter you have in Dependency Court. If you do not retain private counsel you will be appointed an attorney who will represent you. The court appointed attorney’s are overloaded with cases and do not have extra time to put into your case.

A example of this is the case of In Re R.M. and S.M. v. J.M. In this case the appellate court overturned a juvenile court’s ruling that two minors, age 13 and 10 should be declared wards of the state. In this case the juvenile court found that “periodic episodes of inadequate supervision of the children” caused by Mother’s and Father’s divergent approaches in parenting resulted in the two minor children’s exposure to inappropriate sexual conduct by their older brother. The juvenile court found that both children engaged in inappropriate sexual conduct, however the appellate court found that nothing in the juvenile court record supported the conclusion that Mother inadequately supervised her children, nor that she should have known about this inappropriate conduct sooner.

In order to sustain a juvenile dependency 300 petition, the evidence must be reasonably credible, and of solid value, such that the court would find the child to be a dependent of the court by clear and convincing evidence. Subdivision (b) of section 300 provides that a child is subject to juvenile court jurisdiction if the child has “suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child.”

In the case mentioned above, the older child watched adult films and engaged in inappropriate conduct, however none of the child’s behavior posed a threat of serious harm to his other two siblings.

The appellate court found that no evidence was presented that the Mother condoned or facilitated the older child’s conduct. The evidence showed the opposite – that as soon as the Mother became aware of the inappropriate conduct she took many steps to prevent it. Mother went so far as to lock the bedroom door where she and one of the minor children slept so the child was not subjected to the inappropriate conduct.

In order for the juvenile court to declare the children wards of the state, they must show that “the circumstances existing at the time of the hearing make it likely that the children will suffer the same type of serious physical harm or illness in the future.” This is because a child can only be a dependent of the state so long as it is necessary for the child to be protected from the risk of serious physical harm or illness.

The appellate court found that there was no record that this behavior occurred as a result of Mother or Father’s approach to parenting or to their physical or emotional problems. The evidence only showed that as soon as the parents found out about this behavior they took steps necessary to stop the inappropriate conduct. Therefore, at the time of the hearing there was no current risk of serious physical harm or illness to the child.

This demonstrates that it is important to have a knowledgeable private attorney on your side that will build your case in a manner according to the laws and disprove the elements that are required to declare minor children wards of the state. It is not worth taking the risk of losing your children by having inadequate counsel. Wallin and Klarich has been practicing in the area of dependency and juvenile law for over 30 years and have a staff of very knowledgeable attorneys that are waiting to help you with your case. Please call 888.749.7428 to speak with a Wallin and Klarich attorney today to get more information.