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When There is a Change
of Circumstances for the Better,
or New Compelling Evidence
Your juvenile law attorney can file a motion, at any appropriate
time, for a change of any prior court order, in dependency court,
as long as it can be shown that it is in the best interest of the
child, there is new evidence or there are changed circumstances
this must take place before parental rights are terminated. The
motion is called a 388 petition otherwise known as a JV-180. It
is up to the attorney to put forth the evidence and show why it
is in the best interest of the children, it must comport with the
requirements under the juvenile law. If it meets the threshold requirements,
the court will grant a hearing date in which to argue the evidence
and the judge, if satisfied, will grant a change in the prior court
order. This can be for an accelerated visitation plan or return
of the children. It can be for anything relevant to the case.
Three things could take place:
1) The dependency judge could deny the petition without a hearing.
2) The dependency judge could order a hearing.
3) The dependency judge could agree to a stipulation by all of the
attorneys.
Grandparents and Other Relatives
If you are a grandparent or other person, you can also petition
the court for what is called de facto parental status. You can ask
the court to place the children in your care. The law mandates that
relatives be given preferential treatment for placement of the children.
Your application MUST be considered by the social worker.
Out of State Relatives
If you are a relative and you live out of state, you can apply for
the placement of the children in your care through what is known
as ICPC, the Interstate Compact on the Placement of Children. The
social worker, once notified, can make appropriate inquiries to
get this process moving forward. It can be done in a very expedited
manner under certain circumstances.
Status Review Hearings
If the case proceeds through disposition, review hearings are generally
set in six month increments. There are many circumstances where
the court will set them earlier than six months, but the general
setting of reviews are at six months.
The court reviews the progress of the parent’s on their case
plan at these stages and can dismiss or continue the jurisdiction
at these proceedings.
Termination of Parental
Rights
If, at this unfortunate stage of the dependency proceedings, a parent
is incapable or unable to finish or complete the requested case
plan set forth by the social worker from CPS/DFCS, the Department
of Social Services will move for termination of parental rights,
long term foster care, or guardianship in what is known as a "26
Hearing".
YOUR ATTORNEY WHO WORKS IN THE AREA OF JUVENILE LAW AND JUVENILE
DEPENDENCY will and should strongly argue for no termination of
parental rights. A 388 petition or JV-180 can be filed, within the
parameters of juvenile law requirements, and may be heard to stop
the termination of parental rights. This is something your attorney
who works in the area of juvenile law and juvenile dependency will
advocate for.
Conclusion
In the many years of my experience in the area of juvenile law nothing
is more important than an interested, hard working, zealous advocate
with experience in the specific area of juvenile dependency in order
for you to have the most effective advocacy in the court room.
Overview | Juvenile
Hearings | > Placement | Burden
of Proof
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