A Breakdown of Dependency Legal Services
The framework of dependency legal services is not limited to children and parents that are foster families. Dependency legal services under Florida Statute Chapter 39 also impact jurors and witnesses under the dependency laws. Dependency legal services for child-witnesses allows the dependency court to appoint a lawyer for any child whose best interests are not being represented during the dependency case. This lawyer’s legal services could include preparation or evaluation of legal documents, providing counsel to the child and advocating for the child in his or her best interests.
Dependency legal services are provided directly by the dependency court, and order may be issued by the dependency court for such representation if there is no other attorney that is willing to represent the child. Dependency legal services may also be provided by private practice attorneys, or by pro bono attorneys that are part of the Florida Bar Association. The lawyer that is appointed to represent the child’s best interests may include a consideration of the fees charged to represented the child where appropriate. The lawyer shall be considered just and reasonable with respect to managing the assets of the client. Services provided by the dependency lawyer may include the following:
(i.) Appear on behalf of the child prior to and at all hearings as necessary to represent and protect the child’s best interests;
(ii.) Be present by telephone or in person for all hearings prior to and at all hearings where the child , or the responsible person, appeals, contests, or argues the best interests of the child;
(iii.) Interview and communicate with the child regarding the child’s status, family history, caregiver circumstances, and other aspects of the dependency matter;
(iv.) Communicate with the child’s therapist and other medical, mental health, and educational providers, to ascertain the child’s best interests in these areas as well;
(v.) Interview and communicate with the child’s parents or caregivers (foster parent, relative, or other nonparent) as necessary to represent and protect the child’s best interests while remaining sensitive to issues regarding the child’s family; and
(vi.) All other broad and general powers and authority necessary to protect the child’s best interests and welfare. The powers of representation may emphasize such as the representation of a child during the dependency proceedings. These powers include the same powers that are accorded to a Guardian Ad Litem, which are detailed in Florida Statute 744.3215. Some dependency courts may include the powers embodied under Florida Statute 744.3215 in the order appointing the dependency lawyer.
The Roles Dependency Attorneys Play
Depending on the individual case, the duties that a dependency attorney may have will vary. Of all the responsibilities that come attached to the job of a dependency lawyer, perhaps the most important is that of a caretaker and supporter. It is this that allows them to provide effective legal representation to their clients. Though at times they may act as a guardian ad litem, which is a person legally appointed by the court to make decisions on behalf of a child, they are more typically a representative for biological parents and other immediate family members. Such an attorney can offer victims of abuse and neglect a safe space in which to tell their stories.
An attorney specializing in dependency legal services will often deal with families who have extensive histories with domestic violence. After their consultations with their clients, they will discuss what support systems are available to help, while exploring the reasons that such abuse occurred in the first place. They will also keep themselves updated on the most recent developments and programs, to be able to provide adequate resources and options to their clients. Moreover, a dependency attorney can refer their clients to mental health professionals and other community services that may be of aid to a case, or beneficial for a client trying to heal from their abuse.
Although not always typical, these attorneys play a large role for abused children; they may advocate for their placement in protective and therapeutic settings, and will work to make the child aware of their rights both in the current situation and in court proceedings. This can sometimes mean acting as the child’s voice in a courtroom, outlining their needs and wishes, and determining whether certain family reunification efforts are in their best interests.
Whenever possible, dependability attorneys will always look to safeguard the well being and rights of their clients. They are often tasked with reviewing foster care applications, and will suggest to the court at what venues the mandated services may be made available, whether that be in school, residential treatment centers, or through grouping home placements. Depending on the needs of their clients, they may also provide counsel for a variety of additional services, such as advocacy for supervised and unsupervised visitation.
Despite the knowledge and expertise that they possess, dependency lawyers cannot engage in judge or jury trials on behalf of their clients. For those instances when such procedures are necessary, individuals will be put into contact with an attorney who specializes in trial work, based on their location and any other relevant factors. For the timeline of any given case, a dependency attorney will normally work on a yearly renewal basis, for costs that are determined based on the rate that is set by the state.
Different Types of Dependency Law Cases
The primary type of case heard in Dependency entitled to Court Appointed Counsel is that of Abuse, Neglect, or Misconduct toward the Child, even though a child can be named as a victim in an action to terminate parental rights or to place a child for adoption. Many of these cases are initiated by a Department of Children and Family Services (DCFS) social worker or a Juvenile Probation Officer. Proceedings in Dependency court typically include allegations of abuse, abandonment, or neglect of a child or children, non-willingness or inability of a parent(s) to care for a child, or parental rights proceedings. The Dependency Division hears matters concerning the care, custody, and placement of children including, but not limited to: the dependency of abused/neglected children; prospective adoptive parents; juvenile offenders; neglected by a parent; children who have been allowed to stay away from home without consent of the parent; children previously in the care of the parent from whom the same or similar behavior may be expected; juveniles who are incorrigible, ungovernable, and/or engaged in criminal activities that may be contributing factors to their delinquent behavior; and children whose parent(s) has failed to provide support or maintain a home suitable for children. The judge may appoint a parent’s relative as a Legal Guardian for that parent’s child or children. The court may also appoint a Legal Guardian for the child or children of parents who cannot be located.
This Division handles juvenile cases that include, among others, the following types of matters: 1. Children whose parents have failed to provide support or maintain a home suitable for children; and 2. Children who are knowingly or repeatedly beyond the control of their parent(s) or guardian and who refuse to obey the reasonable and proper orders of such person; and 3. Children who are under the age of 18 and engaged in criminal activities that may be contributing factors to their delinquent behavior; and 4. In order to address the needs of juveniles involved in the juvenile justice system, the associated Departments have developed specific programming that includes all services available through the Justice System. , the Collaborative Youth Program offers scheduled Monday through Friday in-court assessments that can be scheduled via e-mail, fax, or phone call to each of the four courthouses. Individuals unable to attend the walk-in clinic on Wednesdays at the Central Court Building will have access to a full-service clinic on Mondays and Thursdays from 9:00 AM through 2:30 PM in Juvenile Court. This program also includes court-based Mental Health and Substance Abuse Screening and Assessment which consists of standardized assessment (VI-SPDAT, CRAFFT, GAIN), and a clinical interview screening for those clients found unsuitable for the traditional assessment, to evaluate for referrals to mental health and substance abuse treatment, including outpatient substance abuse assessments, as needed.
The Department works extensively with local law enforcement agencies to detect, apprehend, and prosecute cases of abuse, bullying, and illegal activity.
Dependency Courts and How They Work
A dependency case is initiated when the County, through CPS (Department of Children and Family Services in Los Angeles County) makes a report to court that the child in your family is either suffering or likely to suffer harm if they remain in your custody. The first court action is called a Detention Hearing where the court determines whether the children should be removed from the family and placed out of the home. Usually that will be with a relative (if the relative agrees to take the child), foster parent, or another appropriate placement. From here there are several ways the court can proceed:
If the Court terminates parental rights, CPS is then under a duty to identify a permanent home for the children. This could involve an adoption, guardianship, or placement with another family member. Only in rare cases to parents receive their children back in the home following a termination of parental rights.
In the ordinary scenario, when children have been in foster care for least six months, CPS is again obligated to make a permanent plan for them, based on the needs of the children as well as the best interests involved. Those plans include reunification, termination of parental rights, guardianship, and another type of placement. If the court has terminated parental rights, it will then often either consider adoption or a legal guardianship.
Over the life of a dependency case, parents are expected to undergo case management services with their social workers and comply with case plans established by the Department of Children and Family Services. The department, through social workers, will oversee parents and the services they are undertaking in the period leading up to a hearing to determine whether to terminate parental rights. Parents are advised to fully cooperate with their social workers and not to avoid contact with them; any avoidance in this area can be portrayed by DCFS in a negative light to the court, whether deservedly or not.
Assessing Your Rights in a Dependency Case
The law gives rights to parents and to children in dependency cases. Parents have a right to do the work necessary to correct problems in their home that led to the child being removed. And children have the right to be reunified with their parents, wherever possible.
Parents have the right to:
Parents have a responsibility to follow the orders that the judge makes in their case. They also have a right to be heard in dependency court about issues that affect their children.
Children also have important legal rights in a dependency case. When law enforcement first investigates a potential case of abuse or neglect, they will speak with the child and usually take notes or write a report. It is the right of the mother and father to see that report. If a social worker interviews the child in his or her home, the parents have the right to know what questions were asked . They have the right to see the answers, too. Parents have a right to know what information a social worker shares with law enforcement. The parents might agree with law enforcement that the children should be removed from the home and not allowed to return until the problem is fixed. If they don’t agree, the child will be added to the dependency case as a child who is highly susceptible to abuse or neglect. Children are not considered a danger to their parents. So the child has the right to hire his or her own own attorney to defend him even when his parents do not agree that it would be dangerous for him to return to the home.
Parents should also be aware of their child’s rights when they are kept outside the home:
If you believe your rights are being violated by the state, remember that a lawsuit is not the only way to enforce your rights.
How Dependency Cases Affect Families
Families subjected to familial disruptions, often cause a family crisis of emotional pain and suffering. Kenney Legal Aid provides legal assistance to families facing trauma and pain due to the removal of their children subject to strict requirements set forth by the federal government, the State and County government to provide Due Process. With special training, Kenney Legal Aid staff is more able to deal with dependency cases involving child welfare. Family disruption emerges in many forms from parents losing a job, divorce, substance dependence, foreclosure, domestic violence, and many other traumatic events that may lead to child abuse. Parents and their children are subjected to the court’s jurisdiction and then viewed by the court system as a family in crisis. Often disciplines of the Family Law System and Mental Health System collide, resulting in hardship and embarrassment to families. Often with child welfare, there are traumatic events or series of traumatic events, such as violence in the home, a job loss, homelessness related to foreclosure, families are subject to the welfare and safety of the child. If the child is at risk of unsafety at home, its necessary to obtain other agencies to provide services to the family which maintains a sense of integrity and avoid the stigma of the family in crisis. The suffering of the family emotionally results in low self-esteem, victimization, and often depression which is usually untreated. As the family suffers, an adequate focus on the specific and vested needs of the family dissipates. Kenney Legal Aid provides those services for families from their initial contact to services offered post-custody.
How to Select the Proper Dependency Lawyer
When it comes to choosing a dependency lawyer, there are a few important factors to keep in mind. While it’s essential to find someone who is experienced and knowledgeable about child welfare law, it’s also critical to choose someone who is approachable and easy to work with. After all, you’ll be collaborating with your lawyer throughout this difficult process, so it’s important that you feel comfortable doing so.
One of the first things you should do when narrowing down your options for a dependency attorney is to meet with them in person. You should use this initial consultation to learn as much as you can about their experience and credentials. If you have more than one child, you might consider hiring an attorney who specializes in assisting clients who have more than one child in dependency proceedings.
Your meeting with a potential lawyer should also be a time to learn about their approach to the case. This is an element of the attorney-client relationship that some clients tend to overlook-make sure you understand how your lawyer intends to approach your case.
Finally, you should review online client feedback or testimonials to find out if others have hired this lawyer and whether or not they were satisfied with the final result.
In many instances, these cases can be resolved without the need for formal court appearances. However, it’s still important to be represented by an experienced attorney who understands the intricacies of dependency law and can provide legal counsel and representation as necessary.
Helpful Resources for Victims of Dependency Law
Those affected by dependency law, whether as foster parents, alleged fathers, alleged parents, teachers, doctors, extended family or those who interact with the court system should obtain guidance to help them navigate the process. There are many resources available to help you understand dependency law, including the following:
Pacific Northwest Parenting – Resources for Birth Parents:
Washington State’s Office of Public Defense provides a one-hour on-demand audio CD that describes the dependency process, the timeline of the case and how to make the best use of a lawyer.
Washington State Department of Children, Youth & Families – Foster Care Support: The Washington State Department of Children, Youth & Families provides family support services to promote and maintain the safety, permanence and well-being of children and families .
The Northwest Institute for Children and Families:
The Northwest Institute for Children and Families is a non-profit organization that provides professional and public education and delivers family-centered social services.
The American Bar Association Center on Children and Law: The ABA Center on Children and Law provides information and resources on the current and emerging needs for research, training and information related to children and law.
NLADA – National Legal Aid and Defender Association: National Legal Aid and Defender Association provides resources and information for legal aid and defender programs around the country.