what is the role of the dependency court attorney?

by Dr. Tremaine Mueller 6 min read

Your dependency lawyer can appear at all the court hearings for you. The lawyer can argue to the judge that you are not a risk to your children and they should be returned to you. At Wallin & Klarich, our team of child dependency attorneys has over 30 years of experience successfully representing clients facing child dependency matters.

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.Oct 20, 2020

Full Answer

When does a child become a dependent of the court?

Abstract. Significant legal scholarship has identified and examined issues and concerns related to legal representation for children, parents, and social service agencies in civil dependency cases in juvenile court; however, one critical aspect of child-protection procedures remains largely unexplored, namely, the role of the prosecuting attorney. Because actions by prosecuting …

What to do when your child is removed from dependency court?

Ideally, juvenile dependency attorneys will tailor their representation to account for unique complications or circumstances that could impact the final outcome. These attorneys are willing to guide families through every element of the dependency process, which could include: Child protective services investigations.

What is a dependency status review hearing?

Mar 13, 2022 · Dependency Court Attorneys Focus on Finding Hope. (L-R) Diego Andrade (Law ’16), Jordan Brown (Law ’16), Honorable Hugo Loza, Presiding Judge of the dependency courts for Tulare County Superior Court, and Tim Bragg (Law ’11). On any given day in this country, a lot of media attention is given to legal issues facing criminals, huge corporations, celebrities, and lost …

What is the relationship between an attorney and client?

dependency, the court will take testimony from you and others about the identified child safety threats in the dependency petition. The court will either rule your child a dependent of the State or order that your child be returned to your care and dismiss the dependency or order your child safe enough to go home with an in-home dependency

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What does adjudication of dependency mean?

If a child is adjudicated 'dependent' in the hearing, meaning the child is without proper care, it allows the court to order services and programs for the child and family that include the following: ● Drug, alcohol, or mental health evaluation for child or parents.

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 dependency in criminal justice?

Juvenile delinquency courts are for cases where a child is charged with committing a crime. Juvenile dependency courts, on the other hand, are for cases where a parent or caregiver is suspected of abusing or neglecting a child.

What is Dependency court in PA?

The child dependency system in Pennsylvania is in place to ensure that all of the children of the Commonwealth receive proper protection and care. Sometimes, this means that a state agency may become involved in a family's life to ensure that any minor children are well cared for and safe.

Is dependency a form of neglect?

A child is considered dependent or neglected if:

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 dependent legal spouse?

Clearly then, the term dependent spouse, who must not re-marry in order to be entitled to the SSS death benefits accruing from the death of his/her spouse, refers to the legal spouse who, under the law, is entitled to receive support from the other spouse.Mar 28, 2011

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.

What is Dependency Court 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 hearing in Florida?

A dependency action is a civil case brought before the Court based on allegations of abuse, abandonment or neglect of a child. The proceeding is based on allegations communicated to the Department of Children and Families (DCF) through an abuse report called into the Florida Abuse Hotline.

What is private dependency?

Private Dependency Petitions are typically filed by parents, guardians, schools or police to bring concerns around issues a youth is facing – such as access to mental health treatment, habitual truancy or parent/child conflicts – to the attention of a hearing officer or judge.

What does dependency of a child mean?

A dependency is a claim by the state or a third. party that a parent is unfit or unable to care for. their child or children.

What is dependency in terms of childhood?

A dependent child is defined as any child who. a) Has been abandoned; b) Is abused or neglected by a person legally responsible for the care of the child; or.

What Is Dependency Law?

A niche area of juvenile law, dependency refers to any case involving minors under the care of allegedly neglectful or abusive parents. Dependency cases may also involve children who have lost their parents to death, imprisonment, or other circumstances beyond their control.

How Can a Juvenile Law Attorney Help?

Juvenile law attorneys can play a critical role in dependency cases. These legal situations can vary significantly from one state to the next; attorneys with local expertise can help parents and children navigate their region's juvenile system to ensure the best possible resolution.

Why Work With Morgan & Morgan?

Swift action is critical in dependency cases. Parents often receive little notice of the court system's intentions; those who take too long to seek legal assistance may be left to pick up the pieces following a devastating decision.

How Much Time Will the Public Lawyer Have to Review a Case?

If you are facing an Orange County child dependency case, it is important to retain the services of an experienced family law attorney rather than let the court appoint a lawyer for you.

Why Should I Hire a Private Lawyer if my Children have been Taken Away by Social Workers?

When your children are taken from you, this will likely be one of the most stressful periods in your life. You should immediately consult with a private law firm that has experience in handing juvenile dependency matters. An experienced child dependency lawyer can go over all of the facts of your case with you.

Related Aricles

Paul Wallin is the senior managing partner at Wallin & Klarich. With over thirty years of experience handling many types of criminal defense cases, Paul Wallin has a tremendous amount of knowledge when advocating for his client´s rights.

What is the National Council of Juvenile and Family Court Judges?

National Council of Juvenile and Family Court Judges. Provides guidance to judges, attorneys, child welfare workers, and court-appointed special advocates on all stages of the court process to improve court practice in child abuse and neglect cases. Family Justice Initiative.

What is the Family Justice Initiative?

Provides guidance to judges, attorneys, child welfare workers, and court-appointed special advocates on all stages of the court process to improve court practice in child abuse and neglect cases. Family Justice Initiative.

How often do you have to have a dependency hearing?

During the time your child is in the system (whether your child is living with you or with someone else), the court will have a hearing every six months. These court hearings are dependency status review hearings, which in different courts can also be called status review hearings, periodic review hearings, or DSR hearings.

What happens if you can't afford a lawyer?

First, if you cannot afford a lawyer, the judge will appoint one for you. The judge will also appoint a lawyer for the other parent of your child if he or she shows up for the first court hearing. Most counties will also appoint an attorney for your child.

What is child abuse and neglect?

A child abuse and neglect case starts when someone reports a concern that: You are abusing your child or not taking care of your child properly, Someone else is abusing your child or not taking care of him or her properly and you are not protecting your child from that, or.

Who is required to investigate child abuse?

When a child abuse and neglect report is made, the social worker or police officer is required to investigate.

What is a relative in foster care?

a relative, or. a foster home or shelter. To prevent your child from being placed with strangers, give your relatives’ information to the social worker. Click for a Guide to Dependency Court: For Relatives and/or Caregivers.

What happens when a court terminates reunification?

Once the court terminates reunification services, your reunification time has ended and the court must make a permanent plan for your child. This is the plan that says whom your child will live with for the long term.

What is voluntary services?

These are free services that the social worker will help you connect to that are designed to help you learn how to parent your child more safely. Leave your child in your care and file a petition with the court that asks to the court to open a case to protect your child.

What is the role of the judiciary in child welfare?

The judiciary is uniquely positioned to observe the operation of each of the stakeholders and to observe the interaction between them. That position allows the judge to identify resource needs across systems, to identify gaps in the service delivery system, and to monitor the efficiencies and inefficiencies in the system. Effective judges identify the issue or problem, convene the stakeholders, and use that convening to educate and then to motivate the system’s stakeholders to resolve the identified issues.

What is the purpose of juvenile court?

The court strives to protect children, provide due process to parents, monitor the actions of the agency, provide permanency for children, ensure that parents have a fair opportunity to reunify with their child, ensure child well being, and to permit everyone to be heard.

What is the ethical obligation of a judge?

“Judges hold an ethical obligation to ensure effective administration of justice. They must require that their orders are carried out and that effective treatment will be provided” to the children and families they serve.” 2

What was the impact of the adoption assistance and child welfare act of 1980?

The Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272) changed the child welfare system in the United States. The law made juvenile court judges and their findings essential in order for child welfare agencies to receive federal monies.

When was the Adoption and Safe Families Act passed?

To compound the problem faced by courts, the Adoption and Safe Families Act (Public Law 105-89) was signed into law in 1997 and set specific timelines for each stage of the case in an effort to move children more quickly out of foster care and into “permanent placements.”.

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