Family and friends often want to participate in juvenile dependency cases but are frustrated to learn that they may not even be allowed in the court room, are not considered for placement and do not have an opportunity to be heard.
1
Juvenile Dependency Cases are Confidential in California - Who Participates?
Juvenile Dependency cases are confidential to protect the minor’s right to privacy. There is never a jury, there is never press and the public is excluded from the process. Evidence is routinely presented to the court by way of a social worker’s report and the participants sit at the table, so to speak, and review the evidence with the judicial officer. If a participant wishes to refute the evidence presented by the social worker, he or she generally must set the matter for a trial (also called a contested hearing) and present their own evidence.
All legal proceedings involve “parties,” people who have a legal stake in what happens. In CPS cases, only parties get to formally participate in court hearings and receive notice and an opportunity to be heard. Parties and their attorneys are “the participants” in CPS cases.
2
Social Workers, Parents, Minors and De Facto Parents Participate
County Counsel generally represents the interest of Child Protective Services and their social workers. The CPS Agency is the party bringing the case to court and the actual social workers are simply witnesses presenting evidence in the form of a report.
Court Appointed Counsel or Private retained Counsel represent the parents. If parents are indigent, the court appoints counsel. Each parent is appointed a separate attorney. If there are multiple parents (i.e.: a mom has four children with different fathers) there needs to be what are called “Conflict Counsel” appointed. .
Children are always represented by Court Appointed Counsel.
Persons who have a significant relationship to the minor, including the foster parents, are able to apply for status as De Facto Parents. Once the court grants De Facto status, these persons are also considered “parties”, in other words, they have status in court and may appear with (or without) an attorney and present evidence
Comments - add comment