9.6: The Court Process

The Court Process

"Scales of Justice Brisbane Supreme Court=" by Sheba_Also 48,000 photos incl private is licensed under CC BY-SA 2.0.

Soon after a child is removed from their parent’s custody, a court hearing will be held. At this time, the child’s lawyer and the parent’s lawyer will speak to the judge about what has happened and what is recommended to happen next. The CPS Caseworker will testify, as well. Witnesses may be called to testify. The judge will decide if the child should be placed in foster care or relative placement, and what the parent needs to do in order for the child to be returned to their custody. At this time, the judge may also assign a CASA to work with the child. The judge sets a schedule of when the next court hearing will be and sets forth the goals that are to be met by that date. All of this will be included in a case plan, as ordered by the judge.

Sometimes judges request that the parties all meet outside of the courtroom for what is called “mediation”. During mediation, all parties talk and agree on what is best for the children. They work together to try and solve the problem themselves, and then the judge approves or disapproves their solution.

Judges will typically order Status Review Hearings every six months to check on the progress being made toward reunification. The child’s lawyer will tell the judge what the child wants, and also what is in the child’s best interest. The judge will review all the information, make determinations about visitation and placement of the child, along with any other decisions warranted, and will rule on these decisions. Other review hearings may be held to review new information, additional needs, etc.

In the case that a child can not safely return to their parent’s custody after the initial 12 months, the judge will determine whether or not the parents have made satisfactory progress toward their goals. If not, the judge will set another hearing to determine the permanent plan for the child. At this time the judge may terminate the parental rights and place the child up for adoption, assign someone to be the legal guardian for the child, or rule that the child will be permanently placed in foster care. Most of the time, the judge will rule that the parent’s rights be terminated, and the child placed for adoption, to allow the child to gain permanency and a new family.

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Case Study: Helping Children Understand the Process

Children ages 12 and older are often involved in the court process. The information below helps explain the California Dependency Court process to children. The following information was summarized and inspired by the example on courts.ca.gov:

Guide to Dependency Court – For Children

What is Dependency?

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, they are dependent on adults and need their protection. If your parents can't or won’t take care of you properly, the juvenile court may step in and you may become “dependent” on the court for safeguarding. When this happens, you may have to live with relatives or another family for a while.

Who is Involved in a Dependency Case?

In a dependency case, several key people will be involved in checking on how you are doing. These people include:

• Your Lawyer: This person is your advocate – they speak for you and fight for you in court. Your conversations with your lawyer are confidential, meaning they cannot tell anyone else what you have told them unless you say it is okay. In California, your lawyer must tell the judge what is in your best interests and also what you want. Sometimes those can be two different things. Talk to your lawyer if you have questions about why they think a certain outcome is in your best interests and you don’t agree.
• The Social Worker: This person is responsible for helping foster youth in every way. Social workers find the foster home, make sure you have everything you need, and that you are happy. They also visit you every month to make sure everything is going well.
• The Judge: The judge tries to make sure all your needs are being met. They also make the big decisions in your case, like whether or not you will go home and what your visitation with your parents will be like. The judge makes these decisions based on what is in your best interests.
• CASA (Court Appointed Special Advocate): CASAs are volunteers who work with kids who have dependency cases. They are supposed to look out for your best interests and give the court their opinion on how things are going for you.

Your Rights in a Dependency Case

Even though being in a dependency case can be tough, you have certain rights:

• Support During Interviews: You have the right to have a support person present when a social worker interviews you at school.
• Attending Court: If you are 10 years old or older, the social worker or your lawyer must tell you the court date and ask if you want to attend.
• Involvement in Your Case Plan: If you are 12 years old or older and placed in a foster home, group home, or with relatives, you have the right to go over your case plan, sign it, and have a copy of it. You also have the right to be told about any changes that are going to be made to your case plan.
• Staying at Your School: If you have been removed from your parents, you have the right to stay at your school.
• Visiting Siblings: If you have been removed from your parents, you have the right to ask the judge to allow you to visit with your siblings.

This information helps explain the California Dependency Court process to children and ensures they understand their rights and the roles of those involved in their cases.