Image: scales		 Rober A. Dodell, Attorney at Law

JUVENILE DEPENDENCY AND SEVERANCE

Dependency

A "dependent child" is a child who is in need of proper and effective parental care and control and has no parent or guardian who is willing or capable of exercising that care and control. A dependent child could also be a child who is destitute, or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care, or where the home is "unfit" by reason of abuse, neglect, cruelty or depravity by a parent, guardian or other person having care or custody of the child.

A dependent child does not always require an inappropriate parent. For example, if a child has special needs, is out of control, or is a danger to others, even the best of parents could end up in a situation where the child is legally dependent.

Typically, Child Protection Services (CPS) does not get involved in a case unless someone has made a complaint. Once the government becomes involved, they can be relentless in their pursuit.

The State is not the only party that can file for a juvenile dependency. You may want to file a juvenile dependency petition to help a loved one who is in a bad situation. You want to help a child you love from him or herself or from his or her parent or guardian.

In either case, services may be voluntary without court interaction, or with court interaction. The child may be removed from the home, but at times they are allowed to remain in the home of the parent. Certain laws also give priority to certain placement types depending on familial relationships, and whether the child is an enrolled, or an enrollable member of a Native American Tribe.

If the State does not believe the parent can parent or protect a child, even after they try to put the family back together, the State may file for a guardianship and aim to give legal custody of your child to another person. The State may, alternatively, file for the severance of the parental rights and aim to put the child up for adoption. There are also some situations where the child is not placed in a permanent home, and court oversight continues until the child reaches the age of 18.

Severance

There must be grounds for a termination of parental rights. A Petition for Termination of Parental Relationship must show that the termination is in the child's best interests and at least one of the following:

  1. A parent has abandoned the child.
  2. A parent has neglected or willfully abused the child.
  3. A parent has mental illness, mental deficiency or history of chronic abuse of dangerous drugs, controlled substances or alcohol. There must be reasonable grounds to believe that the condition will continue for prolonged and indeterminate period.
  4. A parent is convicted of a felony. The felony should prove the unfitness of that parent to have future custody and control of the child, or the sentence should be of such length that the child would be deprived of a normal home for a period of years.
  5. The potential father failed to file a paternity action within thirty days of completion of service of notice.
  6. The father failed to file a Notice of Claim of Paternity.
  7. The parents have relinquished their rights to a child to an agency or have consented to the adoption.
  8. The child is being cared for in an out of home placement under the supervision of the juvenile court.
  9. The identity of the parent is unknown following three months of diligent efforts to identify and locate the parent.
  10. The parent has had parental rights to another child terminated within two years for the same cause and cannot currently raise a child.

After the petition has been filed, the Juvenile Court sets an initial hearing to determine whether or not the petition is being contested.

If the Petition is uncontested, the parental rights are terminated. If the Petition is contested, then the Court will hold a Termination Adjudication Hearing. In most instances, the Court appoints a best interest attorney, a Guardian ad Litem, to represent the child's "best interests." At the Termination Adjudication Hearing, the Court determines whether at least one of the grounds for termination has been proven and whether the termination is in the child's best interests.

Conclusion

Child Protective Services and the juvenile court system is a maze. His office has effectively represented hundreds of children and parents to help them navigate through this very difficult and complicated system. Robert has the expertise, the knowledge and the experience to help you deal with Child Protective Services and the juvenile court system. He is committed to fight for you. To help you in this most difficult time, contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free consultation.

Disclaimer: The foregoing is not to be construed as legal advice to or for any specific individuals. Always seek the advice of counsel for specific legal problems. There is no substitute for professional legal counsel.