Juvenile Dependency & DHS Cases

Common Juvenile Court involvement is based on the following allegations:
 

• Physical harm being inflicted on a child by a parent or guardian.
• Child incurred injury or illness due to a parent’s or caretaker’s negligence.
• Parent or guardian is unable to provide a child with adequate basic human necessities such as food, shelter, clothing or medical care.
• Child has suffered emotional harm from verbal abuse by a parent.
• Child was sexually abused by a parent or that the parent failed to protect a child from sexual abuse.
• Parent or guardian is incapacitated, incarcerated, institutionalized, has died, or is otherwise unavailable to provide appropriate care for a child.

 Gevurtz Menashe has highly experienced attorneys who represent minors, parents, or guardians in juvenile court dependency proceedings.  We can help navigate the complex juvenile court dependency system and process (sometimes commonly referred as juvenile justice system or juvenile court process).  If the case also involves family law, we can evaluate and make recommendations about how to proceed. If other court systems are involved, such as the criminal court or probate court, we can make appropriate referrals to attorneys who specialize in those arenas.   

Juvenile dependency cases can be quite complex. They also may be intertwined with other family law proceedings such as child custody disputes or divorce. Such cases often begin with Department of Human Services officials investigating the child’s situation and assessing whether or not risks to the child’s wellbeing are present. The child’s living situation likely will be thoroughly investigated and the parents or caretakers interviewed to try to assess the validity of any allegations. Depending on the situation, the child’s mental and physical health may be evaluated, the child may be placed in protective custody, and the caretaker or parents may face criminal investigation, arrest, or even criminal charges. Following the investigation there may be many different outcomes: the case may be dismissed and the child returned to the parents/caretaker; specific instructions or requirements may be placed upon the caretaker or parents in order to allow the return of the child; or a juvenile court dependency petition may be filed. If a petition is filed, the child may also be removed from their home. If the child is removed from their home, a shelter care hearing likely will be held in Juvenile Court within 24 hours of the child’s removal (weekends not included). Other court appearances addressing whether the Juvenile Court should have legal jurisdiction over the child will follow, often in a very short time frame.