Demystifying Dependency Legal Services in San Diego

What are Dependency Legal Services?

In a broad sense, dependency legal services are a vital part of the legal system that focuses on the health and welfare of children. Specifically, such services are being delivered in a number of ways by the court, legal professionals, social services and agencies, and nonprofit community organizations. The primary goal of the dependency system is to protect children from abuse and neglect, and it also aims to ensure proper legal proceedings are completed in order to create continuity for affected families and obtain the objectives defined in dependency statutes themselves. Dependency legal services are an adjudicative process, which means that there are a number of steps that must be followed according to established state and federal laws . When a person is accused of child abuse or neglect, for example, their situation can fall into dependency court if it involves a minor child — as opposed to being handled by criminal or civil court. As a licensed practice area, dependency law represents only a small percentage of overall legal practice, but judges, lawyers and associations are dedicated to protecting children and families from harms that may come from neglect or abuse. In this sense, dependency lawyers often play an important role in helping the court to navigate between families, the courts, law enforcement and outside child and family welfare and advocacy groups. Most dependency lawyers in San Diego work primarily with public or legal aid child advocacy groups, as well as the attorney’s office, to make decisions that are in the best interests of children and families.

Cases Handled by Dependency Legal Services

Dependency legal services encompass a wide range of cases that often require knowledge of complicated family law, custody law, child protection law, and criminal law. Lawyers that specialize in dependency handle cases like child abuse & neglect (abuse & neglect), guardianship, foster care and adoptions, termination of parental rights and guardianship cases. Dependency matters usually involve children, parent(s), foster parent(s), extended family, custodians, the court and the social services agency. It can be a Challenging & exhausting process for families with the government taking the place of the parent, guardian or custodian. It is not uncommon for a child to be taken from his/her home during a dependency matter. The social services agency may place the child in an unlicensed or licensed foster or group home setting or with a relative. The dependency lawyer you choose to represent you and/or your child or family needs to have a general understanding of multiple legal disciplines in addition to child welfare laws. Having a lawyer that understands your specific situation is important if you go to court.

How to Locate a Dependency Attorney in San Diego

Finding a dependency lawyer in San Diego may be confusing, since there are a number of family law attorneys that claim to have experience. It is important to get an attorney that knows the ins and outs of dependency proceedings. You should not simply pick the attorney that has the worst case on television or has the prettiest billboard advertisement. Instead, take the time to search for a lawyer that has essential attributes, such as:
Experience Handling Dependency Cases
You want a lawyer whose entire practice is dedicated to dependency cases. You do not want a lawyer that has never handled a dependency case. Too many lawyers jump into a dependency case and provide bad advice that harms their clients. You want a lawyer that clearly understands the system. At my firm, we handle only dependency cases and have done so for nearly two decades. We know the system and all of the attorneys, social workers and court personnel involved. You want an attorney that has handled hundreds of cases, not one or two.
Local Lawyer with Reputation in Court
You want a lawyer that knows the local court system, including the judges and commissioner that will be involved with your case. There are different rules in each county regarding a variety of issues that could have a large impact on your case. For example, each county has different rules on drug testing and the type of information that must be provided during court ordered drug testing. We have handled thousands of cases in San Diego and have developed a reputation in court that allows us to effectively advocate for our clients.
We have handled over 2500 juvenile dependency cases. We handle abuse cases, neglect cases, guardianship cases and adoption cases in juvenile court. Our office is located just blocks away from the downtown courthouse where dependency cases are held. We are juvenile dependency experts.

How the Court Operates in Dependency Matters

The court system plays a crucial role in many aspects of life, especially when it comes to protecting the safety and welfare of children. When a child is to be taken from a parent, it often involves the police, social services and, of course, the legal system. In San Diego county, dependency legal services are provided by three entities: the Juvenile Dependency Division of the District Attorney’s Office, The San Diego Volunteer Lawyer Program and Children’s Legal Services Program of the San Diego County Bar Association.
Because the court considers the best interest of the child, each of these agencies may take a strong interest in the case. For example, attorneys may be appointed to represent the parents and the child. There are also court-appointed psychologists and other people involved in the process. A person who has been going through a case like this might even say that the U.S. legal system works well to protect the vulnerable.
In addition to troop of prosecutors, lawyers, psychologists and other governing bodies, the court system itself demands strict adherence to many procedures and guidelines. For the person who runs afoul of the law by abusing or neglecting his or her child, it is a federal crime for which the perpetrator can be punished. When they face the court, they can expect a harsh process that protects their children and seeks to rehabilitate the abuser.
For the person who has done nothing wrong, the situation is more frustrating. In some cases, the parents have their children taken away for a time, but the order is temporary and just a safety precaution. Eventually, they will get their child back if the judge believes they can prove they’re fit to be a parent. In other cases, the state may decide to take away the child permanently and place him or her with another family.
Court procedures can be harrowing, intimidating and emotionally draining. At the same time, when a lawyer, social worker or judge helps to reunite a parent with a child or protects the child against abuse, they feel empowered on a personal level and take pride in their work.
The dependency process is initiated whenever the California Department of Social Services (CDSS) suspects that a child has been abused or neglected and goes to court to request that the child be placed in foster care. In San Diego County, the Child Abuse Prevention and Treatment Act (CAPTA) governs the situation. The first step can be very scary, so it’s good to know that all parties must follow certain procedures and guidelines.
After the CDSS requests placement, the judge must review the petition and sign off on it. At this point, the CDSS can take the child away from his or her parent, even against the parent’s wishes. The parent may be forced to go to court immediately thereafter. San Diego has an interesting feature about its court system: Parents must face family court within one day if the child is taken from them that day.
During the hearing, a judge will examine all the facts of the case and determine whether there is any risk to the health and safety of the child. Often, there will be a lot of people present in court to give testimony and to offer their opinions about the situation. Through fact-finding a judge may determine that the child is best placed with a relative or neighbor, or in a foster home until the parent can be rehabilitated. If rehabilitation is determined to be a long-term process, the child could be placed in long-term foster care.
Approximately 80 percent of parents are represented at the first hearing. However, they do not go to court without extensive preparation. Parents and children should always be represented by an attorney during a dependency case. That’s why the Juvenile Dependency Division of the District Attorney’s Office, The San Diego Volunteer Lawyer Program and Children’s Legal Services Program of the San Diego County Bar Association provide legal services to those facing dependency cases in San Diego.

Support Services Offered in the San Diego Area

In addition to the services offered by San Diego law firms, there are many community and state organizations that provide families involved in dependency cases with valuable assistance and support. A variety of service options are available to those with non-abuse related issues and other matters, too, such as:
Crisis support
Medical and health support
Counseling
Education support
Disabled services
Service availability in San Diego Both government and non-profit organizations provide services to families, youth, individuals, and the general public in San Diego. Examples include:
Home Start: A San Diego-based non-profit that provides a continuum of services to prevent child abuse and neglect. They also offer pregnant women prenatal education and education on newborn care and parenting.
Father Joe’s Villages: This is a San Diego non-profit that provides many resources to the homeless community in the area. Father Joe’s focuses on the causes of homelessness , provides case management, emergency housing, counseling, and other essential services for people who are homeless.
San Diego Volunteer Lawyer Program: A program that provides legal representation to people who meet financial requirement and qualify for legal aid, including low-income families and those involved in dependency cases.
San Diego County Child Protection Services (CPS): The governmental entity is responsible for the well-being of San Diego’s youth. CPS investigates reports of child abuse or neglect, and provides services to children who have been neglected or have experienced abuse. CPS also seeks permanent solutions for the care of children who are unable to remain with their families, such as with foster families and adoption agencies.

What Rights and Responsibilities Do Parents and Guardians Have?

Not only has intervening in the Dependency Case increased, but the number of cases that have been filed in which Dependency, Guardianship and Probate Court rights and responsibilities are directly involved (the so called "Crossover Cases") have dramatically increased as well.
The rights and obligations of parents and guardians are pivotal in Dependency Cases. Since a parent or guardian’s rights and obligations with respect to their children are intimately tied and affected by each other, it is not surprising that the same is true in Dependency Cases. A parent or guardian of the minor child can have their rights impact the case outcome. Flipping this proposition on its head, the ultimate outcome in a Dependency Case can have an extremely significant impact on the rights affecting a parent or guardian of the minor child.
In California, the parents of the dependent children are presumed to be fit to assume their responsibilities in managing the children’s welfare. As such, a parent has an inherent right that represents the parent’s fundamental liberty interest in the care, custody, and companionship of their children. In Dependency Matters, parental rights are paramount over all. Due to this paramount interest, the parents’ rights are respected and presumptively protected. For example, parental decisions focusing on the care, custody and companionship of a child necessitate the State to validate those decisions.
On the flip side, a parent or guardian has a fundamental liberty interest in the care, custody, and companionship of their children and a presumption exists that parents are fit to assume their responsibilities. Hence, the Court must place the presumption regarding the parent’s rights being superior to all other competing interests in the matter at hand. Therefore, once a dependency has been established, a parent’s fundamental liberty interest in the care, custody, and companionship of the child has been found as a fact and the parent has therefore prevailed.
Although a parents’ rights are presumed superior in a Dependency Matter, the existence of a presumption does not alone resolve the entire matter. The presumption is subject to rebuttal. This means that if an individual, or an organization, can produce credible evidence demonstrating that a parent or guardian is, or soon would be, unfit to be a parent to their child – then the presumption will shift to the parent or guardian, forming a new position of fact, with respect to the Dependency proceeding.
If a disposition is made in favor of the opposing party or organization producing the evidence, the Court shall award custody of the child to the other party since the parent has failed to overcome the presumption that the child is better off with his or her parent.
In Dependency Matters, a parent can employ their rights to emerge with the child from the County’s protective jurisdiction, otherwise known as "exit rights." Exit rights assist in determining the plans and decision that affect all parties involved – parents, children, and the State.
For example, if the State can obtain a formal agreement with the parents on the child’s care that provides for the continuation of the parents’ rights, the court rarely assumes jurisdiction over the child under the Welfare and Institutions Code. If the court finds that an order that does not require the parents to change their conduct in order to achieve the child’s return is in the child’s best interest, the order is an exception to the general rule requiring a court finding that the parents have been rehabilitated.

Frequently Asked Resources for Dependency Law

What happens at a juvenile dependency hearing?
According to the Welfare and Institutions Code, a juvenile dependency hearing is "held to determine whether the child comes within subdivision (a) of Section 300… whether a condition of a child is in immediate need of medical treatment … whether the parent has caused or permitted’ the child to be placed in a situation where the child is subjected to abuse or neglect … and, if so, to determine the disposition to be made of the child." In other words, this type of hearing is to determine whether the child should remain in the custody of his/her parents or should be taken out of the home and into the care of another relative or other individual. The exclusion of a child from his/her home must be considered in the light of the following factors: prior history of issues, if any, between the family and the child protective services agency; the extent of the parental participation in the alleged abuse or neglect; the extent to which the abuse or neglect was intentional or resulted from negligence; the age of the person allegedly responsible for the abuse or neglect; the severity, duration, and frequency of the abuse or neglect; any previous history of sexual abuse by any person; any previous indicated reports of abuse or neglect or adult criminal convictions that indicate a person’s harmful behavior is likely to continue; and the risks posed to the child, the child’s siblings, and others inside or outside of the home .
Will I be able to attend a dependency hearing?
The Family Code, Welfare and Institutions Code, and Penal Code govern proceedings in California juvenile courts and, in some cases, hearings and interviews are confidential with no public attendance allowed. For example, if your child is taken into custody because there is a reasonable belief that his/her current situation poses a risk of harm and there is no one to care for him/her, your child will immediately be taken to a juvenile dependency hearing, which is closed, or "off the record." The only people allowed to be present for this hearing are child protective services and the police officer who brought your child to the police station.
What if I just found out about a dependency action?
If you have just recently been notified that one is taking place, you should consult with San Diego child custody lawyers as soon as possible. This is true regardless of whether or not you have any legal rights to visitation or custody. Depending on the situation, there may be further hearings and even termination of parental rights.