Juvenile and Child Dependency Proceedings

Juvenile or child dependency proceedings determine whether a parent or guardian is abusive or neglectful to their child. In a dependency proceeding, the juvenile or family court may temporarily or permanently remove the child from the parent's home.

What Is Juvenile Dependency?

Juvenile dependency cases are investigations and proceedings designed to protect the safety and welfare of a child. Some states refer to these matters as child protection or welfare cases, child maltreatment cases, or dependency and neglect cases. A finding of dependency by a judge means the court will make decisions regarding the child's care moving forward.

Most dependency matters start with law enforcement, child protective services, or a social worker receiving a report of suspected abuse or neglect of a child. If the officer or social worker believes the allegations are well founded, they may immediately remove the child from the home, ask the state or child services agency to file a dependency petition with the court, or both.

What Is Juvenile Dependency Court?

When a dependency petition is filed in a child welfare case, the court becomes involved. Most states have specialty courts or dockets that hear these matters—this might be a juvenile court, juvenile dependency court, or family court.

All states have laws and rules that pertain to and guide juvenile dependency (or child welfare) matters. These laws specify definitions for child abuse and neglect, how these findings are made, how hearings are conducted, the rights of parties involved, and what outcomes are permitted.

What Constitutes Child Abuse or Neglect in a Dependency Case?

While each state has its own laws governing what sort of behavior can result in dependency proceedings, they generally arise as a result of physical abuse (injury), sexual abuse, neglect (failure to provide adequate food, clothing, shelter, medical care, or supervision), abandonment, or severe emotional abuse. Abuse and neglect can have many different causes, but parental drug addiction and untreated mental illness are both big risk factors.

The following are examples of abuse and neglect by a parent or legal guardian:

• beating a child, causing injury and hospitalization
• allowing a dating partner to spend time alone with children knowing that partner is sexually abusive
• not sending a child to school regularly, not keeping the house stocked with food, and regularly leaving a young child unsupervised
• refusing or failing to seek necessary medical attention for their child
• endangering a child's health or well-being by having a meth lab at home or conducting drug sales in the home
• sex trafficking of a child, or
• locking up a child in a room for long periods.

Many of the behaviors that can constitute abuse or neglect are also crimes.

What Happens in a Juvenile Dependency Case?

A juvenile dependency hearing is a civil matter. It's not a criminal prosecution of the parents. Court documents might be titled something like "In the matter of the welfare of the child, Jane Doe." Even though it's not a criminal case, it should be taken seriously. Findings of neglect or abuse can result in the removal of the child from the home and even termination of parental rights. (Separate criminal charges are also possible in egregious cases.)

The purpose of the dependency case is to determine whether the child needs protection or services, if removal from the home is needed, and whether family reunification is appropriate. While each case and state laws are different, below are some of the common steps that take place in a juvenile dependency case.

Emergency Removal From the Home

While social workers and police can remove children on an emergency basis, children can be kept out of the home only if a juvenile court judge reviews the case and decides that the home is not safe. Children who are removed from their homes might be sent to stay with relatives or placed in foster care or a group home.

Dependency Petition

Typically, the state or a child protection agency files a delinquency petition to initiate court action. However, in some states, anyone can file this petition. The court may appoint the child an attorney or guardian ad litem (advocate). Parents who cannot afford an attorney may be entitled to court-appointed counsel paid for by the government.

Fact-Finding Proceedings on Abuse or Neglect

The court will hear arguments and review evidence on whether the parents or guardians neglected or abused the child. If the judge determines abuse or neglect occurred, the case moves onto the disposition stage—where the judge will decide issues such as whether the child should be removed from or stay in the home and what services should be provided to the child and parents.

Permanency Planning

If the child is temporarily removed from the home, the child protection agency may create a permanency plan that outlines the steps needed to achieve a permanent and safe living situation for the child. The court must review and adopt the permanency plan and can order continued monitoring and services to the family. If a child is permanently removed from the home, the court may terminate the parent's rights.

Family Reunification Services

Keeping families together is a top priority, as long as it's safe for the child. Family reunification services might include parenting classes, substance abuse treatment and testing, mental health services, and household management classes. Parents may also be asked to look for work or attend school. The juvenile court may hold review hearings every 6 months or at another interval to oversee the parents' progress on their family reunification case plan.

Return to Home

The court may allow the child to remain in the home or return the child home when the parents are making good progress on reunification efforts and return to home is in the best interests of the child.

Termination of Parental Rights

When reunification isn't working or isn't an option, the state or child protection agency may petition to terminate parental rights. Sometimes, the parents or guardians voluntarily abandon their rights.

State laws guide when the court can terminate parental rights. The juvenile court must conduct a hearing and allow the parents to contest the termination. Due process rights require the state to provide clear and convincing evidence supporting the allegations before a court may terminate parental rights.

Findings that could lead to termination of parental rights include:

• the return of the child to their parent or legal guardian would create a substantial risk to the child's safety, protection, or physical or emotional well-being
• the parents or legal guardians substantially, continuously, or repeatedly refused or neglected to obey the court's family reunification orders, or
• the parent or legal guardian committed a crime of violence against the child, another child, or the other parent or guardian.

Ultimately, the court needs to evaluate what outcome is in the best interests of the child.

Constitutional Rights of Parents in Dependency Cases

Parents have fundamental liberty interests in the care, custody, and control of their children and to raise their children without undue interference by the state. However, these rights are not absolute. For example, parents may use physical discipline against their children only if it is done in moderation and does not cause injury to the child. Parents may keep their children out of school but only if their children are homeschooled or receive online education.

When the state gets involved and starts child protection hearings, parents are entitled to notice of proceedings and the opportunity to be heard. The state may also be constitutionally or statutorily required to provide indigent parents court-appointed counsel at no cost. Parents who face termination of parental rights also have the right to have the case against them be proven by clear and convincing evidence (a higher standard than preponderance of the evidence).

Obtaining Legal Assistance and Resources

Parents in dependency proceedings are entitled to the assistance of an attorney, and those who cannot afford to hire an attorney may have counsel appointed for them. If you are the subject of an investigation, you may wish to consult a local attorney who can explain the legal process to you, answer your questions, and help you protect your rights.

For more information on how dependency proceedings work, check out resources from ChildWelfare.gov. The Administration for Children and Families' website provides links and contact information for state child protective agencies.