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The information that has been provided herein is a general description of juvenile law and the manner in which the cases are handled; it should not be used as a definitive treatise on the policies and procedure of juvenile court and specific questions should be directed to the law offices.
Juvenile Dependency law involves children that have suffered physical or emotional harm, that have been abandoned by their parents or caretakers, or that have special and unique problems that the parents or caretakers cannot deal with. It also deals with the adoption of children that cannot be returned to their parent(s), or that have been abandoned by the parent(s). The people that are normally involved in dependency matter are the child/children. the parent(s), guardian(s), caretaker(s) and relative(s).
Juvenile Delinquency law involves children that have committed crimes. A person under the age of 18 years that commits a crime is generally not charged in an adult court with the crime, but is charged as a minor in the specialized juvenile court. The major differences between adult court and juvenile court are that in juvenile court there is no jury and the minor is not sent to county jail, or state prison.
When there is a report to a social service agency, or a law enforcement agency, of a child that has been abused, abandoned, neglected, or has such special needs that the parent/caretaker is unable to provide care, an informal investigation takes place and the child may be removed from the home and placed in foster care or with a relative until the matter can be heard in the juvenile court.
When a person under the age of 18 years is involved, or implicated, in a crime a local law enforcement agency will generally cause the minor to be detained in a juvenile facility, or released to a relative/caretaker, until the local prosecutor reviews the facts of the crime and decides if the minor will In tact be charged with the commission of a crime.
If there has been a report to law enforcement, or social services, about abuse, neglect or abandonment, it is important to act timely to keep the child(ren) from being removed from the family home, or kept out of the home of a relative. Based upon the contents of the abuse/neglect reporting, the parent(s)/caretaker(s) can take remedial actions to avoid the detention of the chlld(ren).
It there has been a detention by law enforcement it is important to act timely to keep the child(ren) from being removed from the family home, or kept out of the home of a relative, and placed in a juvenile hall. Based upon the nature of the charge(s) the parent(s)/caretaker(s) can take remedial actions to avoid the detention of the child(ren).
If a child is involved in either a dependency or a delinquency matter, the most important phase of the proceeding is at the start when there may be a decision to take the child out of the home. Unless early intervention occurs, a primary focus on the case will be getting the child returned back home and that can be very difficult.
In a juvenile dependency case the child that is the subject of the allegations of abuse/neglect will usually be detained by a social worker. In the juvenile courts in the State of California the parent(s) or guardian(s) of the child are entitled to appear and be represented by an attorney. Depending upon the stage of the proceeding, relatives and foster parents can also be represented in court by an attorney. In a juvenile delinquency case, the child that is the subject of the criminal allegations will be entitled to be represented by an attorney; although in dependency matters, other parties can have an attorney that is not the case in delinquency matter.
The Law Office of Darold M. Shirwo will represent any party engaged in a juvenile dependency, or delinquency, matter that is entitled to legal representation by law. In dependency court Darold M. Shirwo has, and will, represent child(ren), parent(s), guardian(s), relative(s), prospective adoptive parents, de facto parents, foster parents and witnesses. The cases generally involve the removal and return of a child(ren) from/to the home, the placement of the child(ren) with relative(s), the adoption of a child(ren), the guardianship of a child(ren), the licensing of foster parent(s), appeals of juvenile court orders; intervention in any juvenile case can be at any stage of the proceeding.
In a juvenile dependency matter there are a number of phases of the proceedings and they follow in order:
In a juvenile delinquency matter there are also a number of phases of the proceedings and the follow in order, the primary distinction between these and dependency cases is that delinquency cases are criminal in nature and not civil as are dependency cases:
The fees charged for juvenile cases start at $1,500.00, and/or $200.00 per hour. Each case is distinct as to the amount it will cost and the fee that will be charged. |
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