What is a dependency?
A dependency is a formal court process to determine if a child's well-being requires the state to become involved. The Juvenile Court determines whether or not the child is dependent on the state to provide parental care because the parent or parents are not able or not willing to provide proper care. In most cases, when the child is declared dependent, the goal of the dependency is not to punish the parents but to assist them in strengthening the family.
When is a child dependent?
A child is dependent on the state when the child has been abused or neglected or when the child is at risk for abuse or neglect in the immediate future. There are many ways in which a child might be declared dependent. For example, a child may be dependent because one or both parents have hurt the child or have allowed someone else to hurt the child. A child may be dependent because the parents have not provided food or clothing or have not kept a safe and clean house. Or a child may be dependent because the parents have a problem such as substance abuse or domestic violence or mental health problems that prevent the parent from doing a proper job of caring for the child.
Who can start a dependency proceeding?
Most dependency proceedings usually started by Child Protective Services [CPS]. Once in while, dependencies are started by an adult [maybe a relative or a friend) who is concerned about the care of a child. Proceedings started in this way are called private dependencies.
Where are dependency proceedings heard?
Dependency proceedings are heard in the Juvenile Court. The Juvenile Court is, technically, part of the Superior Court. However the Juvenile Court is housed in a separate building at 2225 E. Ajo Way, Tucson, AZ 85713. The telephone number for Juvenile Court is 740-2000.
What happens when a dependency proceeding is first filed?
When the petition is filled, all the parties will be notified of a court date. usually within 10 days. On the Court date, the first thing that will happen is that all the interested parties will get together without the Judge to see if they can agree on three things:
- Where the child is going to live placement];
- when and how the child can see the parents (visitation) and
- what has to be done to try to help the parents so that they can their child back [services].
That meeting is called the Pre-Hearing Conference. If the parties cannot agree, then the Judge will decide.
Is the process the same for a private dependency?
Yes. Except that in a private dependency, CPS will be given the opportunity to manage the case -- or may be ordered to by the Judge. Legal term is that CPS will be substituted for the private petitioner.
How does the Judge decide if the child is dependent?
The Judge can decide if the child is dependent in two ways:
- If all the parties, including the parents agree. Any agreement the parents must be voluntary and made in front of the Judge.
- After a trial. At a trial, the petitioner must prove by a preponderance of the evidence that the parents are unable or unwilling to properly care for the child.
What happens if a child is declared dependent?
If the child is declared dependent, then the parents will be given a limited amount of time [usually one year] to try to get back on the right track. In most instances, CPS will provide reunification services to help the parents. These services will be outlined in a written case plan.
How is the case plan monitored?
About every three months, the Court will hold a hearing called a ~dependency review. The court will read reports and hear evidence about the parents and their progress in following the case plan.
What happens over time?
If a parent succeeds in following the case plan, the child is usually returned. If a parent does not succeed, the Court must hold a hearing to decide on a permanent plan for the child. The permanent plan could include termination of parental rights and adoption, a permanent guardianship or another permanent plan such as long term foster care.
