Mental Health Allegations in California Juvenile Dependency Court

The goal of juvenile dependency court is to protect the health, safety, and well-being of the child. Because of this, there are many different issues that can impact someone’s case. When it comes to parents’ mental health in juvenile dependency, serious disorders can hamstring efforts to regain custody. Because of this, you should consult with a juvenile dependency lawyer to determine the best steps for your case.

Under Welfare and Institutions Code (WIC) 300, the mental health of the parents affects juvenile dependency cases in a few key ways. Parents and guardians must be capable of caring for their children. If they suffer from mental illness, substance abuse, or developmental disability, they may lose their parental rights.

When a parent suffers from bipolar disorder, anxiety, or other mental health conditions, it can severely impact their ability to care for a child. For example, a depressed parent may be unable to motivate themselves enough to bathe their child, go to the grocery store, or clean the house. Mental illnesses can also impact a parent’s ability to maintain a full-time job and earn a living. All of these factors can impact the child’s well-being and safety.

If the parent is reported to Child Protective Services (CPS), CPS will investigate the case and determine the type of family reunification services that are needed. For parents with mental health disorders, it can be challenging to follow a case plan. This can complicate compliance with the case plan, which can make reunification harder.

Some mental health disorders respond better to treatment than others. If the treatment plan doesn’t work or it is too difficult to comply with, this can impact the success rate of the reunification plan.

Thanks to dependency case law in California, the court can require parents to get treatment for mental health disorders. The parent’s mood swings, hallucinations, or mental instability can impact the child’s health and safety, so these concerns must be remedied before the parents can get custody again.

First, the court will likely have a mental health professional assess the parent’s mental health before juvenile dependency hearings. This assessment will determine the extent of the mental illness, how it impacts the child, and potential treatment options. Then, this information can be used to figure out a workable case plan. Because mental illness can also affect the child, CPS may also provide the child with therapy as well.

If you are given a treatment plan as a part of your juvenile dependency case, you need to follow it. You will be expected to report on your progress at future hearings, so it’s important to make an effort.

Before you begin your treatment, you can talk to a CPS case worker or juvenile court attorney in California about how your treatment should be documented. This documentation demonstrates your commitment to making changes to regain custody of your child. There are also many different community organizations, support groups, and health providers that can help you manage your mental health.

Juvenile dependency court will hold multiple hearings as the case continues. To increase the odds of getting your child back, it is important to attend all of these hearings and demonstrate your progress.

Unfortunately, there is a stigma surrounding mental illness, which can make it harder to get treatment. A parent’s mental health in juvenile dependency cases can play a major role in the case’s potential outcome. While overcoming the stigma and seeking care can be challenging, it is generally a requirement for regaining custody.

If you’re struggling to manage your CPS case, we can help. To learn more, reach out to one of our experienced lawyers today.