Child Dependency Overview

At Wallin & Klarich we understand how traumatic and stressful a child dependency case can be. Having your child taken away from you by a social worker is one of the worst things a parent can ever experience. At our law firm, we fight to have parents reunited with their children. We believe, as long as the child is safe and cared for, the best place for that child is with his or her own family.

On a daily basis we are informed that social workers refuse to allow parents to even speak to their children for several days while they wait for the initial court date in the appropriate children’s’ court. In many cases, this is the first time in a child’s life they have been separated from their parents. The trauma that the family goes through can often be too much to bear.

For over thirty years our law firm has fought for parents who have had their children removed from their families. We are providing this information to all parents so they can have a clear understanding of how the child dependency court system works and how our law firm fights for them to prevail in an extremely complex legal system

How Does A Child Dependency Case Begin?

In many cases, when the Department of Children and Family Services is informed by a mandated reporter or another individual(s) that a child may have been mistreated, an emergency response worker will respond and determine whether the child is in immediate danger and needs to be removed from parental custody.

The emergency response worker (ER) will make their decision based on a belief that the child has been abused, abandoned, or neglected or if there is a substantial risk that the child is in an immediate danger of being abused.

Prior to removing the child from their parents, the emergency response workers must determine whether providing welfare services would benefit the child by preventing or eliminating the mistreatment of the child (Welfare and Institutions Code Section 309).

If the emergency response worker decides to detain the child and make them a “dependent of the court”, they must file a petition alleging the abuse within forty-eight hours and also must schedule a hearing as soon as possible (Welfare and Institutions Code Section 313, 315). The parents will be notified of the date, time, and place of the first court hearing by authorities.

If the emergency response worker detains the child, the court will review the petition to determine if there is sufficient evidence to find that the child falls within the jurisdiction of the dependency court (Welfare and Institutions Code Section 332). At the initial hearing, which the parents must attend, the county will file an application for petition and a detention report.

The detention report will contain the name of the child or children, if and where they are detained, reasons and recommendations for detention, and statements from the child or children if age appropriate, and the parents concerning the detention. At the initial court hearing, the court will determine what visitation, if any, the parents will have with their children pending the outcome of future court hearings. The court can order the child to remain in the custody of the county, be placed in foster care, or can also order the child(ren) to temporarily live with relatives or return them to their parents. For more information specific information regarding the child dependency process, click one of the links below.

At Wallin & Klarich we represent parents in dependency court who are trying to get their children back from protective custody or prevent their children from being taken away. If you or a loved one is involved in a child dependency matter, it is imperative to have an experienced and aggressive attorney to represent you. At Wallin & Klarich, our attorneys have over 30 years of experience in helping clients with their child dependency cases. Call us today at 888-749-0034. We will be there for you when you call.

Child Dependency  The Process and Court

The child dependency court process begins when a parent or guardian is suspected of mistreatment of a child or minor such as abuse, neglect, or abandonment. After law enforcement or the Department of Social Services is notified of possible mistreatment of a child, often by a mandated reporter, the Department of Social Services will begin an investigation. If they believe that the child requires the courts protection, they will file a petition to ask that the child be made a “dependent of the court”.

The Law of Child Dependency-Welfare and Institutions Code Section 300

The California Welfare and Institutions Code Section specifically defines under what circumstances a minor can be deemed to be a “dependent of the court”. The complete list is found below:

•    Minors suffering, or having substantial risk of suffering, serious physical harm inflicted non-accidentally by parent/guardian. Welfare and Institutions Code Section 300(a)
•    Minors suffering serious physical harm or illness, due to failure of parent to adequately supervise/protect minor, or negligent failure of parent to provide adequate food, clothing, shelter, or medical treatment, or inability of parent to provide regular care due to parents’ mental illness, developmental disability, or substance abuse. Welfare and Institutions Code Section 300(b)
•    Minors suffering serious emotional damage (severe anxiety, depression, and aggressive behavior toward self/others) as result of conduct of parent. Welfare and Institutions Code Section 300(c)
•    Minors suffering sexual abuse by a parent, or a parent fails to protect minor from sexual abuse. Welfare and Institutions Code Section 300(d)
•    Minors under the age of five suffering sexual abuse by a parent or a parent fails to protect a minor from sexual abuse. Welfare and Institutions Code Section 300(e)
•    The parent(s) or guardian has caused the death of another child through abuse or neglect. Welfare and Institutions Code Section 300(f)
•    Minor left without support as result of parents’ incarceration/institutionalization, or parent unwilling to provide care. Welfare and Institutions Code Section 300(g)
•    When the child has been freed for adoption by either relinquishment or termination of parental rights for 12 months or an adoption petition has not been granted. Welfare and Institutions Code Section 300(h)
•    Minors suffering from an act or acts of cruelty by the parent, guardian, or member of a household, or the parent or guardian has failed to adequately protect the child from acts of cruelty. Welfare and Institutions Code Section 300(i)
•    When a child’s sibling has been abused or neglected and there is a substantial risk that the child will be abused or neglected. Welfare and Institutions Code Section 300(j)

Initial Detention Hearing

After the child has been removed from their parent or guardian’s custody, the juvenile court will hold an initial court hearing the following court day after the petition is filed. The initial hearing is referred to as the “detention hearing”. During the detention hearing, the judge will have a chance to review the facts of the case and decide whether it is in the best interest of the child to be removed from their home and be placed either in custody with relatives, be placed in temporary custody of the Department of Social Services, or returned home to their parent(s) or guardian(s).

It is important to note when a child is removed from the physical custody of his or her parents, preferential consideration is given to a request by a relative of the child such as an aunt, uncle, or grandparent (Welfare and Institutions Code Section 361.3). The social workers must make a diligent effort to locate appropriate relatives and investigate anyone who is recommended by the family as caretakers.

However, it is not required that the court place the child with a relative. In determining whether placement with a relative is appropriate, the county social worker and court will consider many different factors including, the child’s best interest, the parent’s wishes, and the safety of the relatives home (Welfare and Institutions Code Section 361.3(a)(1)-(8)).

If you know of a relative or a trusted individual who can provide your child with a safe and temporary home let your lawyer know immediately and provide your lawyer with their name and contact information.

Jurisdiction Hearing

If the child is detained, a jurisdiction hearing will be held within fifteen days of the courts order to detain the child. By this point, the parents should have a chance to see the petition which lists the allegations against them and should also discuss these matters with their attorney. This hearing is the opportunity for the parents to defend themselves against the allegation(s) of mistreatment to their child.

During the jurisdiction hearing, the Judge will review the facts of the case and determine if the allegations against the parents are true. The Judge has the authority to amend the petition and decide whether any or all of the allegations are true. If the Judge finds that the allegations were not proven, the case can be dismissed and the child must be returned to their parents. However if the Judge finds that allegations were true, the case will be set for a disposition hearing.

Disposition Hearing

If the court decides to detain the child following the jurisdiction hearing, the court will hold a disposition hearing within 10 days. During the disposition hearing the judge will review the specific recommendations of the case including a proposed plan of action often called a case plan or reunification plan which is prepared by the social worker assigned to the case.

The reunification plan, or also known as the Case Plan will point out specific requirements for the parents to follow in order to attempt to remedy the problems which caused the child to be removed in the first place.  For more specific information regarding a Case Plan click the following link above.

During the disposition hearing the court may also take one or more of the following actions:
1.    The court can release the child back to their parents with supervision of a caseworker to ensure the child’s safety
2.    Order the child to be placed in the home of a relative, friend, or foster home
3.    Make decisions regarding visitation of the child
4.    Order the parents to participate in counseling, parenting programs, or other similar programs.

Six Month Review Hearing

Following the disposition hearing, the court must review the case at least once every six months. During the review hearing, the court will review the progress that has been made by the parents in regards to their reunification plan. The court continues to have the authority to return the child to their parent(s) or guardian or may continue have the child live with a relative or in foster care.

Permanency Hearing

A permanency hearing is held within twelve months of the child entering foster care or under the guardianship of another relative. During this hearing, the court will have the authority to decide if the child should be returned to their parent(s) or permanently stay under the guardianship of a relative or in foster care. If the judge decides that it is not in the best interest for the child to return home, a permanent plan will be selected. Permanent plans can include adoption and legal guardianship.

Selection and Implementation Hearing

A selection and implementation hearing, also known as a .26 hearing since the law appears in Welfare and Institutions Code Section 366.26, will be held within 120 days of when the parent’s legal custody rights have been terminated.

We understand that the child dependency system can be very complex and overwhelming for individuals not accustomed to it. At Wallin & Klarich we represent parents in dependency court who are trying to get their children back from protective custody or prevent their children from being taken away. If you or a loved one is involved in a child dependency matter, it is imperative to have an experienced and aggressive attorney to represent you. At Wallin & Klarich, our attorneys have over 30 years of experience in helping clients with their child dependency cases. Call us today at 888-749-0034. We will be there for you when you call.

Child Dependency What Is A Mandated Reporter?

Under California Penal Code Section 11166, a mandated reporter is required to make a report to an agency specified in Section 11165.9, whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been a victim of child abuse or neglect.

The mandated reporter is required to make an initial report to the agency immediately or as soon as practicably possible by telephone and shall prepare and send, fax, or electronically transmit a written follow-up report thereof within 36 hours of receiving the information concerning the incident.

Any mandated reporter that fails to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to six months in county jail or by a fine of one thousand dollars ($1,000.00) or by both imprisonment and fine.

Under California Penal Code Section 11165.7, a mandated reporter is defined as any of the following:
1.    A teacher
2.    An instructional aide
3.    A teacher’s aide or teacher’s assistant employed by any public or private school
4.    A classified employee of any public school
5.    An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school
6.    An administrator of a public or private school
7.    An administrator or employee of a public or private youth center, youth recreation program, or youth organization
8.    An administrator or employee of a public or private organization whose duties require direct contact and supervision of children
9.    Any employee of a county office of education or the State Department of Education, whose duties bring the employee into contact with children on a regular basis.
10.    A licensee, an administrator, or an employee of a licensed community care or child day care facility.
11.    A Head Start program teacher.
12.    A licensing worker or licensing evaluator employed by a licensing agency as defined in Section 11165.11.
13.    A public assistance worker.
14.    An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
15.    A social worker, probation officer, or parole officer.
16.    An employee of a school district police or security department.
17.    Any person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in any public or private school.
18.    A district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
19.    A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
20.    A firefighter, except for volunteer firefighters.
21.    A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child counselor, clinical social worker, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
22.    Any emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
23.    A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
24.    A marriage, family, and child therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
25.    An unlicensed marriage, family, and child therapist intern registered under Section 4980.44 of the Business and Professions Code.
26.    A state or county public health employee who treats a minor for venereal disease or any other condition.
27.    A coroner.
28.    A medical examiner or any other person who performs autopsies.
29.    A commercial film and photographic print processor, as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print processor” means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term includes any employee of such a person; it does not include a person who develops film or makes prints for a public agency.
30.    A child visitation monitor. As used in this article, “child visitation monitor” means any person who, for financial compensation, acts as monitor of a visit between a child and any other person when the monitoring of that visit has been ordered by a court of law.
31.    An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A) “Animal control officer” means any person employed by a city, county, or    city and county for the purpose of enforcing animal control laws or regulations.
(B) “Humane society officer” means any person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
32.    A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
33.    Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
34.    Any employee of any police department, county sheriff’s department, county probation department, or county welfare department.
35.    An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 1424 of the California Rules of Court.
36.    A custodial officer as defined in Section 831.5.
37.    Any person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
38.    An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not in and of itself a sufficient basis for reporting child abuse or neglect.

Child Dependency Case Plan

Generally, child welfare laws and services are set up to help keep families together. However, there are numerous cases where children may wrongly remain out of their parents care because the Department of Child Services believes that the child(ren) is not safe under the supervision of their parent(s).

To help reunite families, the court offers “reunification plans” or case plans which include tasks and recommendations for the parents to follow in order to bring families back together. Below is an example of how a case plan is set up.

Child Welfare Services Initial Case Plan – [Court]

Case Plan Participants

Parents/ Guardian

Name                          DOB               Relationship               To

John Doe                  01/01/1911         Significant Other        Childs Name

Father

Jane Doe                  01/01/1911         Significant Other        Childs Name

Mother

Child(REN)

Name                          DOB               Age        Sex              Court Number

Johnny Doe              01/01/2001         11            M                000000000000

Case Plan Goal

Name              Case Plan Goal          Projected Completion Date

Johnny Doe     Remain Home             01/01/2011

Case Service Objectives and Client Responsibilities

John Doe (Father)

Service Objectives Projected Completion Date

1) You will keep the assigned social worker informed of pertinent changes, including but not limited to, changes in address, phone number, monthly income, legal source of income, household composition, and arrests within 48 hours of said changes.

You will keep all appointments with social worker

You will sign any and all necessary releases of information for any requested record or agency, including signing all medical consents so Social Services Agency and the Court may be apprised of progress in meeting the goals of the plan

2) Show that you will not permit others to abuse, neglect, or abandon your child

3) Do not break the law. Avoid arrests and convictions

Client Responsibilities

Activity

1) Counseling/ Mental General Counseling

Health services

Description

Here will be a description of the counseling or services such as individual, conjoint, family or group classes with a selected therapist etc.

2) Education Services Parenting Education Program

Description

Here will be a description of the classes or approved courses that are recommended.

Jane Doe (Mother

Service Objectives Projected Completion Date

1) You will keep the assigned social worker informed of pertinent changes, including but not limited to, changes in address, phone number, monthly income, legal source of income, household composition, and arrests within 48 hours of said changes.

You will keep all appointments with social worker

You will sign any and all necessary releases of information for any requested record or agency, including signing all medical consents so Social Services Agency and the Court may be apprised of progress in meeting the goals of the plan

2) Show that you will not permit others to abuse, neglect, or abandon your child

3) Do not break the law. Avoid arrests and convictions

Client Responsibilities

Activity

1) Counseling/ Mental General Counseling

Health services

Description

Here will be a description of the counseling or services such as individual, conjoint, family or group classes with a selected therapist etc.

2) Education Services Parenting Education Program

Description

Here will be a description of the classes or approved courses that are recommended.

Visitation Schedule

Johnny Doe, John Doe

Method Times Frequency Date

In person                     (Visitation Must Be Supervised)            2         weekly      01/01/11

Description

There will be a description provided of the rules and regulations of visitation between the father and child.

Johnny Doe, Jane Doe

Method Times Frequency Date

In person                     (Visitation Must Be Supervised)            2         weekly      01/01/11

Description

There will be a description provide of the rules and regulations of visitation between the mother and the child.

Contact Information