Find a firm with experience in the local courts The law firm you hire should not only have years of experience practicing child dependency, but the firm should also have substantial experience in the court where your case is pending. Each court has unique procedures and staff, so it is important that your lawyer is familiar with the local court.
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If the Court makes a finding of dependency, then the placement of the children, the goal for the family, and the services the family will need in order to reach those goals, will be addressed with a Case Plan. At times, the Case Plan may include more than one goal (this is called “concurrent planning”).
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.
As a parent or relative who has the child’s interest at heart, You MUST seek help from a Juvenile Dependency Attorney who has, at least, 10-years’ experience working fulltime in these special courts learning how they work. READ RADIO SHOW TRANSCRIPTS HERE
You can find the laws that regulate dependency cases in Florida Statute section 39. There are many paths a dependency case can take, and not all will apply to every case. Some of the possible hearings or legal processes you may have are discussed here:
In a dependency proceeding, the state asserts a parent is unable or unfit to care for a child. By Ave Mince-Didier. Juvenile or child dependency proceedings determine whether a child's parent or guardian is abusive or neglectful.
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.
After all of the witnesses testify the judge will make a ruling regarding dependency. If the state fails to prove the children are dependent the petition will be dismissed and the children will be ordered returned to the parents' custody.
Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
A 388 petition is typically brought to request a hearing to modify, change, or set aside a previous court order, or to terminate juvenile court jurisdiction, on the ground that there are changed circumstances or new evidence. Any change or modification of a previous order may be sought by a 388 petition.
If you have a dispute with DCS, follow the following steps:Step 1: Attempt to Resolve Disputes with the DCS Caseworker. ... Step 2: Elevate Concern to DCS Supervisor. ... Step 3: Contact the DCS Office of the Ombudsman or utilize the DCS Grievance process. ... Step 4: Contact the State of Arizona Ombudsman-Citizens' Aide Office.
A dependency is an assertion by the state or a third party that a parent is unfit or unable to care for their child or children. The Department of Child Safety (DCS) is usually the party who requests the state file a dependency petition to remove the children from the custody of the parents.
A. Purpose. At the permanency hearing the court shall determine the future permanent legal status for the child and shall enter such orders as may be necessary to accomplish the plan within a specific time frame.
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.
Getting the CPS to drop charges against you will primarily rely on being able to point out holes in the case against you. If the evidence they present is not strong enough, or can be easily dismissed, it is much more likely that they will choose to offer no evidence or discontinue the charges.
The judge is likely unless he or she considers that the evidence before the court suggests otherwise to take full account of the recommendations made by children's services and the guardian.