what does a dependency attorney do

A dependency lawyer is an attorney that specializes in child custody and child court decency law. These attorneys are able to help a parent or both parents regain custody of their children. As stated before, the court system is badly flawed when looking into the history of a family and their child.

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Do I need a lawyer for child dependency court?

A dependency lawyer is an attorney that specializes in child custody and child court decency law. These attorneys are able to help a parent or both parents regain custody of their children. As stated before, the court system is badly flawed when looking into the history of a family and their child. Courts do not look at the good when determining custody, they will only look at the bad …

What is the role of a dependency court in California?

Experienced Child Dependency Attorneys help parents, relatives stop Los Angeles DCFS social workers and other California CPS agencies from removing kids from their homes, or if kids already removed, to get your kids back ASAP! Don't rely on overworked court-appointed lawyers. Call (888) 888-6582 Free Consultation

Why choose Los Angeles dependency lawyers?

Aug 07, 2015 · Unless the attorney is representing a client in an abuse, neglect, or dependency case, the attorney is a mandated reporter under North Carolina’s statute and is subject to criminal prosecution for knowingly and wantonly failing to report. This requirement for attorneys is not unique to North Carolina.

What happens in a child dependency case?

manual for attorneys representing parents and children in juve-nile dependency proceedings. Its goal is to provide guidance and short answers to common problems that attorneys face. The book is designed for use in the trial courts; itis not meant to serve as a treatise or definitive work on juvenile dependency law.

What can CPS take your child for California?

How Does CPS Determine Child Removal?Physical or sexual abuse by a family member.Failure to protect the child from danger.Failure to provide proper care and supervision for a child.Failure to provide the child with necessary needs such as food, clothing, shelter, or medical treatment.Jul 15, 2021

What does dependency mean in law?

Dependent has multiple legal meanings. Generally, it refers to an individual who relies on support from another individual and usually cannot exist or sustain themselves independently without the aid or support of someone else.

What is a dependency matter?

When children come to court because a parent has hurt them or not taken care of them, this is a juvenile dependency case. Until a child grows up, he or she is dependent on adults and needs their protection.

Who has custody of a child if there is no court order in California?

When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.

Is dependency a form of neglect?

A child is considered dependent or neglected if: The parent abuses or abandons the child. The parent allows another individual to abuse or mistreat the child. The parent fails to provide the necessary medical or educational care. The child is living in an unsafe environment.

What is the legal definition of a dependent child?

Dependent child refers to a needy child who has been deprived of parental support or care because of the parent's or other responsible person's death, absence from the home, physical or mental incapacity, or unemployment.

What is dependency in Alabama?

Juvenile Dependency Attorney Serving Alabama Private Juvenile Dependency cases are initiated when a relative, caregiver or other concerned person files a Petition with the Juvenile Court alleging that a child is being neglected, abused or that the parents of the child are unable to provide care.

What is dependency court in California?

What does the Dependency Court do? The law says that Dependency Court has to protect the minors in the juvenile court. The court tries to keep minors with their families and make the families stronger. The court will take a minor from the parents if it has to for the child's well being and safety.

What is a dependency case in Ohio?

child: (1) Who is abandoned by the child's parents, guardian, or custodian; (2) Who lacks adequate parental care because of the faults or habits of the child's parents, guardian, or custodian; (3) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, ...

Can a mother stop a dad from seeing his child?

A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.

Can a father take a child away from the mother in California?

In California, unmarried fathers can legally take child custody away from the mother if they prove in court that the mother is unfit to care for the child. In these instances, the judge may award sole or primary custody to the father.Sep 3, 2020

Can a mother deny a father access?

Unfortunately, it is quite common for mothers to stop a father's access to a child merely by refusing to let them see them. However, fathers do not often recognise that they have the same rights as mothers. This means in terms of child contact that they are entitled to have access to the child as much as the mother is.

Child Dependency Attorneys – Private DCFS CPS Defense Lawyers

Experienced Child Dependency attorneys can make ALL the difference in you stopping DCFS CPS from taking your kids (if you are under investigation), or can help get your children back if taken already. To depend upon an overworked, court-appointed lawyer is tantamount to admitting defeat.

Meet our Founder and His Associate Juvenile Dependency Attorneys

There is no one more passionate and involved in DCFS, CPS, Juvenile Dependency cases in California than Vincent W. Davis and his crew of dedicated and focused, like-thinking associate attorneys.

Vincent W Davis Esq

Mr. Davis obtained is Bachelor of Science degree in Accounting from Loyola Marymount University and his Juris Doctorate from Loyola Law School of Southern California.

Carol A. Baidas Esq

Carol A. Baidas graduated from University of Scranton with a Bachelor of Arts in History in 1986. Ms. Baidas received her Juris Doctorate from Ohio Northern University , Claude W. Petit School of Law in 1989. Ms.

Stephanie M Davis, Esq

State Bar of California, 1987 U.S. Court of Appeals for the Ninth Circuit, 1987 U.S. District Court for the Central District of California 1987 U.S. Supreme Court, 1997

Slaveia Iankoulova, Esq

Slaveia Iankoulova graduated from the University of Washington with a Bachelor of Interdisciplinary Studies, with a minor in Human Rights in 2005. In 2009, Ms. Iankoulova received her Juris Doctorate from Western State University, College of Law in Fullerton, California. Ms.

Samuel Ziselman, Esq

When you talk to me, Vincent W. Davis, you can be sure of one thing, that I am listening. Child Protective Services (CPS or DCFS) and your accusers have their story, and it is our job to make sure that your story is heard and we keep your family together.

What is child dependency?

Child dependency cases are very complicated and often involve several hearings, including a detention hearing, jurisdiction hearing and disposition hearing. Navigating this process alone or with a court-appointed lawyer can be difficult, especially when you are worried that you may lose legal custody of your child.

What happens if a child abuse case is not true?

One of the court hearings in a child dependency case is a jurisdiction hearing. At this hearing, the court will decide if the allegations of child abuse or neglect against you are true. If the court finds the allegations true, the case will move forward to the next hearing. If the court finds that the allegations are not true, your child could be returned to your care immediately.

How to contact a California child dependency lawyer?

If you have a pending child dependency matter, you should contact our law firm at (877) 466-5245 right away for free, immediate advice from an expert California child dependency lawyer.

What happens if you are involved in a child dependency case?

If you are involved in a child dependency case, the court has the ability to take your child out of your care and place them with a family member or in a foster home. You could lose your parental rights in a child dependency case. So, how does a child dependency case start? Teachers are mandated reporters.

What is child dependency in California?

First, it involves your child being taken from your custody and being deemed a dependent of the court.

Why do you have to go to a permanency hearing?

In most cases, a permanency hearing takes place because the court believes that your child should not be returned to your custody. Therefore, the child dependency court may choose to have your child live permanently in foster care or with a relative. This means your parental rights could be terminated.

What does a county counsel do?

The county counsel representing the social workers will attempt to prove the allegations are true, while your lawyer will attempt to show that you did not abuse or neglect your child. Your child will also be appointed a lawyer who will argue what he or she thinks is in the best interest of the child.

Can a court take your child away from you?

Therefore, the court is likely to take your child away from you at the outset of a child dependency case. In fact, the child dependency court can order any of the following actions to take place during your child dependency case: Remove your child from your home.

Can a child dependency lawyer deny a child abuse case?

Your child dependency lawyer will likely deny the allegations. The judge will review the facts of your case and make a determination that is in the best interest of the child. You and your attorney will have an opportunity to admit to or deny the allegations that you abused or neglected your child.

Is an attorney immune from civil liability?

An attorney, and any other person, who makes a report in good faith is immune from any civil or criminal liability. G.S. 7B-309. Good faith is presumed. Id. However, an attorney who makes a report may be open to claims of ineffective assistance of counsel.

Is an attorney a mandated reporter in North Carolina?

Unless the attorney is representing a client in an abuse, neglect, or dependency case, the attorney is a mandated reporter under North Carolina’s statute and is subject to criminal prosecution for knowingly and wantonly failing to report. This requirement for attorneys is not unique to North Carolina. Nine other states (Idaho, Indiana, Mississippi, Nebraska, New Mexico, Oklahoma, Tennessee, Utah, and New Jersey) and Puerto Rico also include attorneys as mandated reporters under their universal mandated reporting statutes although these different statutes vary on the confidentiality protections they provide. Except for Puerto Rico, all of these jurisdictions have criminal sanctions for noncompliance. Mandatory Reporters of Child Abuse and Neglect, Child Welfare Information Gateway.

How long does it take to get a petition for dependency?

If the child was sheltered outside of their home, this hearing should happen within 21 days.

What is the definition of parental guardianship?

No parent or legal guardian capable of giving care. Substantial risk of imminent abuse, abandonment or neglect. Sexually exploited and no parent/guardian capable of giving appropriate care. Each of these terms is defined by law and can be applied to many different kinds of situations.

Do you have to consent to a dependency case?

No person is required to consent to a dependency petition and case plan and can deny the allegations in the petition. If there is no consent, then there will be an Adjudicatory Hearing, which is somewhat like a trial. There are no juries in dependency cases and the judge is always the fact-finder.

Can a child be adjudicated dependent?

If the child remains in an out-of-home placement, then the child must be adjudicated dependent at this stage. If adjudication is withheld, and the court later finds that the parent is not compliant with the court’s terms, the court can convert the withhold of adjudication into an adjudication.

How long does a dependency case last?

There are many different types of proceedings in a dependency case and the court could be involved with the family for many months and sometimes for several years. Each law firm assigned to the case will normally represent a parent until the court is no longer involved in the case.

What to do if your child is detained?

If your child has been detained from you or another parent, now, more than ever, it is important you have a lawyer. If you cannot afford one, a knowledgeable and caring Los Angeles Dependency Lawyer will be appointed to you.

What is the court's authority for dependency cases?

The court's authority for dependency cases is found within the California Welfare and Institutions Code. The court's role is to ensure that the rights of children and their familes are protected in accordance with the law designed to protect abused and neglected children. The court appoints an attorney to represent each parent/guardian and child. During hearings, the court may consider information about the alleged abuse or neglect, the wellbeing of the children, police and social worker reports, medical and psychiatric reports, family history, placement options, and oral arguments from attorneys. Testimony may be heard from people such as social worker (s), police officers, parents, family members, doctors, teachers, witnesses, and in some cases, the child (ren).

What is the child's right to participate in a dependency case?

The child has a right to participate in his or her dependency case. If a child 10 years of age or older is not present, the court is to inquire whether that child received notice and the opportunity to attend and, if not, the court may continue the matter for the child to appear.

What is dependency timeline?

Dependency Timeline. The timelines that are a part of our dependency statutes recognize the importance of a child’s sense of time, the central role of the young child’s caregiver relationship that drives the child’s growth and development, and determines the ultimate structure of the child's brain.

What is an appeal in court?

An appeal is a request for review of a lower court's decision by a higher court. Generally speaking, an appeal is based on an argument that a legal error was made by the trial court. An appeal is not a retrial. New evidence will not be permitted and the appellate court will not reassess conflicting evidence from the trial court.

How to take a child into protective custody?

When a child is taken into protective custody, the social worker or probation officer must take immediate steps to notify the child’s parent, guardian or a responsible relative. The department must ensure that the child has telephone contact with his or her parent within 5 hours of being taken into custody. The department must also inform children over the age of 10 within one hour of being taken into custody that they are entitled to two telephone calls, one to their parent and one to an attorney.

Who is involved in juvenile court?

The main participants in the Juvenile Court process are the Juvenile Court, county child welfare agencies, parents, children, foster family agencies, caregivers, and attorneys.

What is a foster family agency?

Foster family agencies (FFAs) may be responsible for the day-to-day casework with foster children in California if the child is placed in foster care through an FFA. FFAs have a duty to file periodic reports with the juvenile court, including the JV-290 Caregiver Information Form. Welfare and Institution Code § 366.21 (d) requires that these reports be filed prior to any hearing involving a child in the custody of a community care facility or foster family agency that may result in the return of the child to the custody of his or her parent or legal guardian, adoption, or the creation of a legal guardianship.

Understanding The Child Dependency Process

Your Child Could Be Returned to Your Care

• During the child dependency process, the court could decide to remove your child from your custody and send him or her to live with a relative or in a foster home while the case is pending. The object of the child dependency court is to make sure your child is not living in a dangerous environment. An experienced child dependency lawyer may be able...

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