The Juvenile Dependency Court t is a branch of the Superior Court which hears cases involving neglected or abused children who are taken from their parents because the parents are accused of not properly caring for their children, or hurting their their children in some way.
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Purpose of Juvenile Dependency Court:
The Juvenile Dependency Court is a branch of the Superior Court which hears cases involving neglected and/or abused children under eighteen years of age. The first goal of the dependency court is to preserve families by identifying the problems that have caused the removal of the children and to offer the parents the education or counseling necessary to get the children back in their home. If it is not possible to return the children to the parents, the court seeks out permanent home for the children through adoption, guardianship or long term foster care. The children can be placed with relatives or people qualified to accept children into their homes (also know as professional foster care parents). For the most part, the California Law that applies to these hearings are found in Welfare and Institutions Code Section 300, et. seq.
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What happens after law enforcement or the social worker places a child in protective custody?
A Juvenile Court Dependency proceeding may begin with children being removed from their parents and placed in protective custody. If the children are not in immediate danger of neglect or abuse, and are living with a parent, relative, or friend, they may be allowed to remain there pending the court proceedings. The law allows law enforcement to detain children up to 72 hours, for their protection, if the officer or social worker believe that there is a substantial risk of neglect or abuse if the children are not removed. In San Joaquin County, the children are normally taken to the local Children's Shelter (Walter Britten Children's Center) for processing. If the children are very young, they will be immediately placed in a pre-approved emergency foster home. When children are taken into protective custody, the officer or social worker will normally immediately attempt to notify the parents or guardian.
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The first investigation
The first investigation is made by the social worker in the Intake Unit of the Department of Social Services. In San Joaquin County, the Human Services Agency - Child Protective intake unit has been delegated this responsibility by the California State Department of Health and Human Services.
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No immediate Risk
-If the social worker decides that the children are not significantly at immediate risk for further abuse or neglect, the children can be released to the parent. The social worker decides whether to take court action. If the social worker chooses not to take the matter to court, the social worker may request the parent sign a Family Maintenance Agreement, which requires the parents to sign and agree certain conditions, classes or programs in order to keep the children in the home and without having to go to court. If the parent abides by the Agreement for a period of time, normally six months, no further action will be taken. If there is another report of neglect or abuse of the children, or the parent fail to abide by the Agreement, the children can be removed from the home and a Petition may be filed with the Juvenile Court.
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Immediate Risk
-On the other hand, if the social worker decides the children are at immediate risk for further abuse or neglect, the children will remain out of the home pending the court hearing. The Department of Health and Human Services must file a Petition with the Juvenile Court within 48 hours. The Petition includes necessary legal information and a statement telling the parents why a Dependency proceeding is considered necessary for the safety of the children. In response to the Petition, a Detention Hearing is held before a Judge or Referee the next court day after the Petition is filed. The social worker will meet with the parents, investigate the facts of the case, and prepare a report for the court hearing.
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