Juvenile Dependency

What is Juvenile Dependency?

Juvenile Dependency law involves children that have suffered physical or emotional harm, that have been abandoned by their parents or caretakers, or that have special and unique problems that the parents or caretakers cannot deal with. It also deals with the adoption of children that cannot be returned to their parent(s), or that have been abandoned by the parent(s). The people that are normally involved in dependency matter are the child/children. the parent(s), guardian(s), caretaker(s) and relative(s).

What is Juvenile Delinquency?

Juvenile Delinquency law involves children that have committed crimes. A person under the age of 18 years that commits a crime is generally not charged in an adult court with the crime, but is charged as a minor in the specialized juvenile court. The major differences between adult court and juvenile court are that in juvenile court there is no jury and the minor is not sent to county jail, or state prison.

Why should I do something?

If a child is involved in either a dependency or a delinquency matter, the most important phase of the proceeding is at the start when there may be a decision to take the child out of the home. Unless early intervention occurs, a primary focus on the case will be getting the child returned back home and that can be very difficult.

In a juvenile dependency case the child that is the subject of the allegations of abuse/neglect will usually be detained by a social worker. In the juvenile courts in the State of California the parent(s) or guardian(s) of the child are entitled to appear and be represented by an attorney. Depending upon the stage of the proceeding, relatives and foster parents can also be represented in court by an attorney.

In a juvenile delinquency case, the child that is the subject of the criminal allegations will be entitled to be represented by an attorney; although in dependency matters, other parties can have an attorney that is not the case in delinquency matter.

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