Juvenile Division of Family Court |
The Juvenile Court Division of the Family Court deals with issues relating to child abuse and neglect, paternity, juvenile delinquency, truancy, child support, relinquishment and adoption. This type of case has either a “JV” (Dependency and Neglect, Truancy, Child Support or Paternity), “JD” (Juvenile Delinquency), “JR” (Relinquishment) or “JA” (Adoption) in its case number. Dealing with a Social Services Case - Where to Begin A Dependency and Neglect case is commonly referred to as a “D&N” case. A parent or a person who has legal custody (allocation of parental rights and responsibilities) in a D&N case has the right to an attorney. As a parent, if you cannot afford to hire a lawyer on your own, have the right to have your attorney appointed by and paid for by the state. If a D&N case has been filed concerning your family, parents are strongly encouraged to apply for a court-appointed attorney immediately prior to or after your first hearing. The caseworker, judge/magistrate, or court facilitator can direct you to an attorney application. Whether you qualify depends on your family income. If you do not qualify for a court-appointed attorney you may hire one on your own. Parents and other parties are strongly encouraged to hire a lawyer, as D&N cases are often complex and involve difficult, detailed legal matters. You may also consult with your child’s attorney, called the Guardian ad Litem, or the ‘GAL’; however, the GAL is not your attorney. Often times, after the filing of a D&N case, emotions run high and it is difficult to know where to begin. It is important to realize that Human Services has a duty to make reasonable efforts to prevent the need for placement of your child and they also have duty to make reasonable efforts to make it possible to return your child to your care if removal from your home is necessary. Therefore, your caseworker has a duty to help you and your family. Common questions and concerns by parents who enter the Social Services/Court system No one understands how I feel I don’t want my family to know about this case Everyone is judging me What happens in my home is my business I don’t understand what is going on with this case and I am If you do not have a lawyer, apply for one to be appointed to help you. Any person involved in any court proceeding is wise to consult a lawyer in order to make an educated decision about whether to hire a lawyer to represent him or her throughout a case. If you do not qualify for a court-appointed (free) lawyer, there are local lawyers who may work with you on payments for service. The GAL and caseworker can also help you with understanding some aspects of the case, although they cannot advise you regarding legal decisions and will refer you to a lawyer. It is essential that you do your part as quickly and genuinely as possible. You must make reasonable efforts to meet the requirements of your case just as the Department must make reasonable efforts to help you and your child(ren). The meaning of “reasonable efforts” is something that you can discuss further with your lawyer, the GAL or the judge. No one ever gets their kids back I know what to do to get out of the system Court orders in a dependency and neglect case are legally binding; you must follow all of the orders of the court in your case and you risk contempt of court or even criminal charges if you break those orders. I understand why Social Services is involved with me and my family My children shouldn’t see me again until I am sober. Seeing my Contact will not be allowed - or it will be interrupted - if it appears that contact is hurtful (physically or emotionally) to the child. For instance, if parents act in any manner that suggests they are under the influence of alcohol or drugs, or are abusive in any manner to the children or staff who are supervising a visit, visits will be suspended or the level of supervision increased. It is always the intention of the professionals and the court that the family have contact as soon as possible after the child has been removed from the home. Research indicates that one of the best predictors of parents and children being successfully reunited is having regular contact with one another. It is reassuring to most parents and most children, regardless of ongoing issues of the case, to see each other regularly until the time when the children are returned to their parent’s custody. Nothing good will come out of this The effort you make and the example you set will be remembered by your child. You can show the power of determination, as well as show your love and commitment to your child by what you do now, regardless of what caused you to be involved with the family court. Become familiar with common words or ‘lingo’ that is used in court and don’t be afraid to ask questions. The State Hand Book is a good place to start in understanding your rights and responsibilities, legal language, types of hearings, and who is who in your case. Chief Judge Order: District Plan for Handling Dependency and Neglect Cases revised 11/2008 Brochure: My Voice in Court, Information for Children and Youth of all Ages Brochure: Dependency and Neglect English En Español |
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Juvenile Division of Family Court
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