Top Mistakes to Avoid in Juvenile Dependency Court
Until you’ve dealt with Child Protective Custody (CPS), it can be hard to imagine how emotionally challenging the experience can be. CPS can legally take away a child in an emergency, which can leave the parents feeling distraught and helpless. By avoiding the most common juvenile dependency court mistakes, you can increase the likelihood of a positive outcome in your case.
Top 10 Mistakes to Avoid in Juvenile Dependency CourtFrom arguing with CPS to not keeping record, the following list includes the top mistakes parents make in dependency court.
1. Arguing With CPSCPS can use emotional outbursts as proof that the child is in an unsafe environment in court. Whenever you talk to CPS or attend a hearing in court, you need to remain calm as much as possible.
2. Recording AnyoneDon’t record CPS, the other parent, or anyone else in the case without their approval. Under California Penal Code 632, recording other parties without their consent is illegal in most circumstances.
3. Not Following Court OrdersIf you end up going through the juvenile dependency court process, you will likely be court-ordered to complete certain reunification requirements. Even if you don’t agree with the case plan, you must follow it in order to get your child back.
4. Trying to Navigate the Case on Your OwnCPS and the California government have significantly more resources than you do. With your family’s happiness hanging in the balance, it’s essential to seek out all of the legal assistance that you can get.
5. Not Taking It SeriouslySometimes, people underestimate what CPS will do in their case. CPS child removal can and does happen, so it’s important to be proactive and do everything CPS requires you to do to keep your child.
6. Staying SilentWhile you have a right to stay silent, CPS can use this silence against you in court and say that you were non-compliant. However, you can ask to have your attorney present. You can also communicate in writing so that there is a clear record of what was and wasn’t said.
7. Talking ExcessivelyWhen you’re nervous, it’s easy to keep talking. Unfortunately, this can end up getting you into trouble. While you should answer CPS questions, you should be polite and be mindful about not saying too much.
8. Admitting GuiltYou should never admit guilt without talking to your lawyer. Anything you say can be used against you in the CPS case, so talk about your options with a dependency court lawyer in California.
9. Refusing AssistanceThe state is supposed to provide assistance so that you can make enough changes to get your child back. If reunification services are offered, you need to take advantage of them. Otherwise, the judge may assume that you don’t care about getting your child back.
10. Forgetting What It’s All AboutAnother one of the most common juvenile dependency court mistakes is to forget what everything is about. Your child is the sole reason you are in CPS court, so keep your focus on your child and what you need to do to get them back.
What Is Juvenile Dependency Court in California?In California, juvenile dependency court is in charge of handling cases involving child abuse and neglect. Once the process begins, you will end up going through a detention, jurisdiction, and disposition hearing. At the disposition hearing, the judge will provide you with specific steps you need to take in order to get your child back.
Do I Need a Lawyer for Dependency Court in CA?While you do not have to have a lawyer for juvenile dependency court, you are legally allowed to have an attorney. If you can’t afford one, you can get a court-appointed attorney. Because of everything that is at risk, it’s a good idea to accept all of the legal help you can get.
Learn What It Takes to Win in Juvenile Dependency CourtBy learning more about juvenile dependency court mistakes, you can avoid the most common pitfalls. Find out more about navigating CPS cases by sending us a message today.
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