Know Your Rights as a Parent in California Juvenile Dependency Court

While Child Protective Services (CPS) and juvenile dependency courts prioritize the welfare of the child, that doesn’t mean you are without rights. For example, you still have the right to get an attorney and child visitation. To learn more about parent rights and juvenile dependency, you can always talk to your attorney and learn what to expect from your case.

After a juvenile dependency case begins, there are a few parental rights in California that you are automatically afforded. By understanding parental rights in juvenile dependency cases, you can make navigating the courtroom, advocating for yourself, and winning your case a little easier.

As a parent, you are legally supposed to be about the case. You should be told what the case is about and what could end up happening as a result of the case. By accessing this information, you can prepare for your case and figure out how to win in dependency court.

Under the Fourteenth Amendment to the United States Constitution, you are given the right to parent your child and raise them in the way you see fit. For example, in Washington v. Glucksberg, 521 U.S. 702 (1997), the Court reaffirmed that parents have rights under the Due Process Clause to direct the upbringing of their children.

Understanding CPS court hearings isn’t for the faint of heart. California knows these proceedings can be complex, which is why you legally have the right to an attorney. Can’t afford one? No problem–the state will appoint one for you.

If CPS investigators were the only ones allowed to present evidence, the juvenile dependency process would be completely unfair. Fortunately, you also have a right to call witnesses and present evidence. With the help of a talented attorney, you can counter some of the arguments made by the opposing party.

It would be impossible to actively participate in your case from outside of the courtroom. Legally, you have the right to go to all of the court proceedings. This allows you to see the arguments made by the other side and to effectively participate.

Sometimes, CPS makes mistakes. For example, they may remove a child for a broken arm that happened during a backyard game of football. If they didn’t question other players or ignored evidence, you can use the cross-examination process to uncover the truth.

As a parent, you have the right to reunification services, such as parenting classes, rehab, and therapy. These tools must be provided by CPS to help you regain custody, and they are typically included as a part of your case plan.

Unless the court decides visitation would harm your child, you have the right to have a relationship with your child through visitation.

If you disagree with the court’s decision, you don’t have to just live with it. With the help of a skilled lawyer, you can appeal the decision and get the court to reconsider.

However, it’s a good idea to search for a “juvenile dependency attorney near me” before you file your appeal. An experienced child dependency lawyer can review your case to see what the odds of a successful appeal are.

If you are fighting a CPS investigation, a CPS lawyer can help. One of our experienced attorneys can help you understand your parental rights in a juvenile dependency case. To learn more, give us a call today.