When California becomes concerned that a child is being abused, neglected, or abandoned, the juvenile dependency system steps in to provide protection. While the intent is good, like many government programs it can be unwieldy, impersonal, and even sometimes a nightmare when mistakes are made and rights are violated. Families caught up in this legal process can feel not only overwhelmed but helpless. A juvenile dependency lawyer can help you through this time, whether you’re a parent or even an older child in the middle of a case
The Role of a Juvenile Dependency Attorney
Representing Parents
For parents or legal guardians, a dependency attorney can advocate for you when you’re being accused of failing to take care of your child properly. It’s possible the state is claiming that you have been neglecting your child’s basic needs, or the state may be concerned that you’re exposing them to dangers like domestic violence or substance abuse. Your attorney goes into the situation with the goal of defending you but also keeping your family together if that’s at all possible. Your attorney will listen to your explanation of what’s going on and then help you build a case to show why the state’s concerns are invalid. They’ll help you to get character references, show proof that you have stable housing and a stable living situation, and will also challenge any inaccuracies in the agency’s report aggressively.
Beyond that, your attorney will lay out for you the entire court process, because it can feel like nothing more than a maze of hearings and reports. And, unfortunately, CPS is not always honest or forthright about what your options actually are. It’s common for them to present things as if there are virtually no limits to their authority, and you have no say and no options. Your attorney will help you understand what your options actually are, help you meet any requirements that the court may order, and argue for your child to be returned home while the case continues. If that’s not possible, they will fight to get you visitation. In a worst-case scenario, it may be that the court will not allow reunification, but your attorney can still argue to make sure your parental rights are not removed or to negotiate some kind of alternative. For example, guardianship might be awarded to a close relative so that your child stays connected to your family.
Representing Children
It’s not uncommon for a juvenile dependency attorney to directly represent a child, particularly if that child is older. If you are a teen involved in a case like this, an attorney can be your voice in the court, speaking when you’re unsure what to say or feeling intimidated by the other people involved. Your attorney’s job is to make sure that your needs and wishes are heard. If you want to stay with a certain family member or return to your parents, your attorney can argue hard to advocate for what you want while also keeping your safety in consideration. Your attorney can also meet privately with you to fully understand your perspective, and they will keep private any details that you don’t want shared with other people, including your family.
An attorney can also represent a younger child who can’t fully express their preferences, but in this case, the attorney will typically talk with social workers, therapist, teachers, and other others to understand the child better and what would make for the safest and most nurturing environment for them. Even if it’s required that a child be moved to foster care, the lawyer can still advocate for connection to the rest of the family, including siblings and more extended relatives, and this connection can make a great difference in the life of a child.
Help Everyone Stay Focused on the Court’s Goal While Reaching Their Own
The goal of the courts in California is always the “best interest of the child.” One of the important roles of an attorney is to keep that goal of the court in mind while listening to the family’s goals and bring the two together. In other words, as a family, your goals have to be presented in a way that the court can see is in the child’s best interest. You may not be sure how that can be done, but a lawyer with experience in the law and the courts can help.
Guide Families Through Court Requirements
There’s usually a series of hearings in these cases, each of which has a specific goal, and your lawyer will help you prepare for each one. For example, there may be an initial detention hearing, then a jurisdictional hearing to decide if the allegations of abuse or neglect are true. If the court believes that these charges are true, then they may take jurisdiction, meaning they will take the child under the protection of the state. This means there will be a dispositional hearing where the judge decides where the child lives.
At every point, your attorney will work closely with all the social workers and other professionals who are involved; yet your attorney is not on the state’s side: your attorney is on your side. Your attorney will argue for your rights, present evidence challenging what the social workers are saying, help you prepare for these hearings and understand what the court expects, and review the social workers’ reports for any errors. Your attorney can also negotiate with CPS to help establish a reunification plan that is fair to you and help you find the resources that you need to make your case strong.
If you’re struggling financially, your lawyer may be able to connect you with community programs so you can show the court that you’re committed to taking good care of your child no matter what your financial situation. Getting you prepared for these hearings and helping you understand what to expect is very important to helping you put your best foot forward before the court at all times.
Resolving Cases and Working Through Long-Term Outcomes
There’s no way to know in advance how these cases will turn out. It all depends on your unique circumstances. But your lawyer will fight to ensure the long-term outcome of your case is shaped according to your wishes as much as possible and does not violate your rights. You might need to go to battle to fight for reunification, which requires proving to the court that whatever the issues are that led to the case in the first place, you have resolved them. This might be completing a substance abuse program, for example, or showing that you have found a new living situation.
If you’re a child, your lawyer can also work hard to prioritize not only your long-term well-being but also your long-term wishes. For example, if you’re in foster care, you might want a permanent placement through adoption or to transition to independent living. You may be ready for emancipation, if you’re old enough and can demonstrate that you’re ready to live on your own, and your lawyer can help you understand if that’s a possibility and advocate for it.
