Dependency Court, also called Juvenile Court, is part of the Superior Court of California, County of Sacramento. Dependency Court is different from a criminal court. The Dependency Court judge or referee hears cases that involve suspected child abuse and neglect as well as legal guardianship and adoption.
- Court hearings are confidential and are not open to the public.
- You are not charged with a crime in Dependency Court.
- There is no jury to decide if you are guilty or innocent.
- The judge or referee decides whether your child should be returned to you or placed with someone else.
Until a full investigation can resolve safety concerns, your child may be detained with the child’s other parent (if approved) if that parent does not live with you, with an approved relative, a foster family, in emergency shelter care or in a group home. The court prefers to return children to their own homes whenever possible if their safety can be reasonably assured.
Within two days of your child being removed from you, if your child is not returned to you, a petition (a legal document) to declare your child a dependent is filed with the court. Filed means the petition becomes part of the court record. The petition states facts that support the reason(s) the social worker thinks the court should protect your child. You will be told of the date, time and place of the detention hearing and when this petition will be filed. At the detention hearing, the court may make one or more of the following decisions:
- Find that the allegations in the petition are not true. If that happens, the case is dismissed and your child will be returned to you.
- Schedule another hearing so that the referee may hear more information on the allegations.
- Release your children to you while information is being prepared for the next hearing.
- Order that your children remain in out-of-home care while information is prepared for the next hearing. The next hearing scheduled is the jurisdictional/ dispositional hearing. It is usually scheduled three weeks from the detention hearing. At the jurisdictional/dispositional hearing, the court will consider the social worker’s report and other evidence or arguments offered by any party to decide if some or all of the petition is true. If the court finds the petition is not true, the case will be dismissed and your child will be returned to you.
- If the court finds some or all of the allegations in the petition true, the court will decide if your child should be placed in your home, the home of another parent, the home of an approved relative or extended family member, a foster home or a group home providing specially-needed help for your child.
Every six months, review hearings provide information to the court regarding your child and you, as well as how you are participating and progressing in services.
| < Prev | Next > |
|---|
