Juvenile dependency cases occur where there is evidence of an unfit home environment for children. The primary objective is to always protect the children; as such, the Children and Youth Services (CYS) have a range of services they offer to help parents and guardians improve their home environment.
The idea that an agency could remove your children from your custody is frightening. However, the only way CYS can take your children without your consent is with a court order that finds your children “dependent.” This can be based upon a number of reasons, including, but not limited to:
- Abandoned by or without parents or other custodians.
- Disobedience in which the parents or custodians lack control.
- Not complying with school attendance or truancy laws.
- Being without proper parental care or control.
In a situation where your child has already been adjudicated dependent, and at least 15 months have passed, CYS must make a “permanency” recommendation to the court.
In the instance where there is an investigation into suspected child abuse, a determination must be made within 30 days. There are three possible findings: “indicated”, “founded”, and “unfounded.”
If the finding is “indicated” or “founded” you can appeal to the Department of Human Services’ Bureau of Hearings and Appeals.
In any of the above situations, contact Attorney Lauer for more information.
