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DEPENDENCY/DCF MATTERS
What is a dependency proceeding?
A dependency proceeding is a case brought before the Court based on allegations of abuse,
abandonment and/or neglect of a child. The term “dependency” is based on the idea of a child being dependent on the State or Court to provide help and services.
What does abuse, abandonment and neglect mean?
Anyone who has knowledge of a child being or at risk of being abused, abandoned or neglected can initiate a dependency proceeding. Usually, a report is made to the Department of Children & Families (DCF) or law enforcement to start this kind of proceeding. DCF will investigate the allegations and make a decision on whether to provide services to stabilize the family so the child can remain in the home or remove the child and order services for the child and family. Although DCF files the majority of dependency actions, anyone can file a dependency petition.
Who is involved in these types of proceedings?
Parties involved in these types of proceedings usually include a lawyer for DCF, the social service case manager, the parents/custodian, a Guardian Ad Litem and any other agency that may be providing services. The Court may also appoint a lawyer to the parent/ custodian if there is proof that he/she cannot afford to hire one. Otherwise, any person involved may choose to hire a lawyer on their own.
Who is the Guardian Ad Litem?
A Guardian Ad Litem is a person who is appointed by the Judge to protect the best interests of the child. The Guardian Ad Litem does not work for DCF. The duties of the Guardian Ad Litem are to preserve the child’s safety and emotional well-being; assist in finding a stable and nurturing home environment; and protect the child from further harm. The Guardian Ad Litem files a written report with the Judge as to what they feel is best for the child regarding the case or plan for the family. Also, the Guardian Ad Litem appears in court to give input when needed.
What does “dependency” mean?
For this purpose, the term “dependency” means that the child is dependent on the Court’s involvement and direction to ensure a safe, stable and permanent home for him or her once a petition alleging facts about the need for services has been filed. The term indicates that without the Court’s involvement, the issues cannot be resolved otherwise. Dependency cases are civil in nature. They are also considered non-public and have very strict rules regarding confidentiality.
A dependency proceeding is a case brought before the Court based on allegations of abuse,
abandonment and/or neglect of a child. The term “dependency” is based on the idea of a child being dependent on the State or Court to provide help and services.
What does abuse, abandonment and neglect mean?
- “Abuse” means any willful or threatened act that results in any physical, mental or sexual injury or harm that causes or is likely to cause the child’s physical, mental or emotional health to be significantly impaired.
- “Abandonment” means a parent or person responsible for taking care of the child, although able to do so, does not provide for the child’s care and support and makes no effort to communicate with the child.
- “Neglect” means that a child does not receive sufficient food, shelter, clothing or medical treatment or that a child is permitted to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired.
Anyone who has knowledge of a child being or at risk of being abused, abandoned or neglected can initiate a dependency proceeding. Usually, a report is made to the Department of Children & Families (DCF) or law enforcement to start this kind of proceeding. DCF will investigate the allegations and make a decision on whether to provide services to stabilize the family so the child can remain in the home or remove the child and order services for the child and family. Although DCF files the majority of dependency actions, anyone can file a dependency petition.
Who is involved in these types of proceedings?
Parties involved in these types of proceedings usually include a lawyer for DCF, the social service case manager, the parents/custodian, a Guardian Ad Litem and any other agency that may be providing services. The Court may also appoint a lawyer to the parent/ custodian if there is proof that he/she cannot afford to hire one. Otherwise, any person involved may choose to hire a lawyer on their own.
Who is the Guardian Ad Litem?
A Guardian Ad Litem is a person who is appointed by the Judge to protect the best interests of the child. The Guardian Ad Litem does not work for DCF. The duties of the Guardian Ad Litem are to preserve the child’s safety and emotional well-being; assist in finding a stable and nurturing home environment; and protect the child from further harm. The Guardian Ad Litem files a written report with the Judge as to what they feel is best for the child regarding the case or plan for the family. Also, the Guardian Ad Litem appears in court to give input when needed.
What does “dependency” mean?
For this purpose, the term “dependency” means that the child is dependent on the Court’s involvement and direction to ensure a safe, stable and permanent home for him or her once a petition alleging facts about the need for services has been filed. The term indicates that without the Court’s involvement, the issues cannot be resolved otherwise. Dependency cases are civil in nature. They are also considered non-public and have very strict rules regarding confidentiality.
