Our 16 year old teenage daughter made some bad choices and ran away from home. She is currently in the custody of CPS and refuses to come home. We are fine with losing our parental rights at this point because we can not keep her safe. We have a hearing on the 6th where CPS is recommending a "26". Do we need to be in court?
You should have a court appointed lawyer in this case, and that's who you should be asking.
The hearing is for termination of parental rights. It sounds like you haven't participated in reunification services, so there's probably not much you can do at this point.
If your parental rights are terminated in this proceeding, you will be at a greater risk of losing custody of other children in the future.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
Yes, you need to be in court. Absolutely.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
I don't know what a "26" is and haven't been involved in a Juvenile Court case in years but once was all through it and won my first appeal in an aggravated freedom-of-custody-and-control case. The trajectory of the cases is in a nutshell (a) assumption of jurisdiction; (b) pursuit of a reunification plan; and (c) reunification vs. termination of parental rights. If you are facing the commencement of a reunification plan should definitely should be involved and present even if you and C.P.S. agree that foster care should occur for awhile, a long time, or until age 18. If you are facing termination of parental rights, I'd still be there to ease the transition. The time to avoid termination is before and into reunification. Remember, the Court dies as to your child once she is 18 and she will always be your child no matter what some entity or person says.
Yes it is unlikely your parental rights will be terminated unless someone has come forth to adopt her. There are financial ramifications an attorney may help you kessen
Yes, you should be present. You should have had an attorney appointed to you at the detention hearing. If the reccimendation is to go right the 366.26 hearing, it is a dispositions hearing as well. The outcome may have implications for any other children you have. You want to speak with an experienced juvenile dependency hearing attorney.
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