What Happens During the Termination of Parental Rights in Juvenile Dependency?

After a juvenile dependency case has progressed through multiple hearings, the court may determine that the termination of parental rights is the best option for the child involved in the case. However, there are normally multiple stages before this point where parents can argue their case. Once parental rights have been terminated, the parent no longer has legal or physical custody of the child. Instead, the child is placed in foster care, put up for adoption, or given a permanent home with a relative.

If Child Protective Services (CPS) removes the child from your custody, you have several important rights that must be protected. You have the right to legal representation and to present evidence in court. Additionally, you are legally allowed to participate and attend court hearings about your case.

As the case progresses, there will be case files and evidence from the other side. You have the right to review this information.

Legally, you are allowed to refuse CPS entry into your home unless they have a court order or a warrant. However, doing this can make it look like you aren’t complying with CPS. To get around this issue, you may want to politely say that it isn’t a convenient moment and offer to reschedule the CPS visit for an alternative time.

With termination of parental rights in California, there are always multiple hearings before the actual termination happens. Even if you decide to carry out the voluntary relinquishment of parental rights, the court still has to go through a process and approve your decision.

When it comes to the termination of parental rights in juvenile dependency court, the process begins during a juvenile dependency case. These cases can unfold for many reasons, such as a lack of housing, a parent’s mental illness, or domestic violence.

At some point in the case, it may be decided that having the parent’s involvement is not in the best interest of the child. When this happens, a termination hearing may be held. This hearing will discuss the grounds for termination and any evidence.

If the judge decides to terminate your parental rights in dependency court, they will issue an official court order. This order essentially dissolves all of your parental rights and obligations. For example, you will no longer have visitation rights or the ability to claim the child on your taxes. Similarly, you are not obligated to provide child support.

It is much easier to hire a good CPS lawyer and avoid having your rights terminated in the first place. However, there are ways to get your parental rights back.

Typically, this occurs if the child petitions the court to have their rights back. Under California Welfare and Institutions Code (WIC) 366.26(i), a child can petition the court for the return of your parental rights if they have not been adopted within three years after your rights were terminated. Once the petition is filed, the court will need to determine whether returning to the parent’s care is the best option for the child’s welfare.

Unfortunately, navigating the California legal system can be an incredibly complex process. You need the best legal representation possible to ensure your rights are protected. From filing petitions to handling evidence, your attorney knows what it takes to have a successful outcome in juvenile dependency court.

Once the termination of parental rights happens, it can be challenging to regain those rights in the future. If you are uncertain about the best way to proceed, our legal team can review your case and discuss the best method for moving forward. For more information, give us a call or email today.