|
 Juvenile Dependency
 What
is Dependency Court?
Locations
Who
to Call if Child Removed
Participants
Nature of Legal Hearings
Services for Family Members
Access to Court Records
Cost of Services
Frequently Asked Questions
Resources & Referrals
Rules/Forms
Self-Service Home
Main
Court
Site
|
|
Self Service Home |
Glossary |
Search |
Site Map | Feedback | Contact
Juvenile Dependency
Who Participates in a Juvenile Dependency Case?
[Esta página está en español;
Trang này bằng tiếng Việt]
Who are the people that work in Juvenile Dependency Court?
In Juvenile
Dependency Court,
you will find a:
- Judge: The Judge decides what care, treatment and guidance the minor
will get.
- Bailiff: The Bailiff keeps order in the court during the hearings.
- Clerk: The Clerk writes a summary of what happened in court and keeps
the court files.
- Court reporter: The court reporter writes down, word-for-word, what is
said in court.
Click here for the judge’s names and the court’s phone numbers in Santa
Clara County
Where can I find a lawyer to help me with a Dependency case?
If you are
indigent (you don’t have very much money), you can get a free lawyer.
The Santa Clara County Board of Supervisors says how much money a parent has
to make to be “indigent”.
Usually, Dependency Legal Services or Associate Dependency Attorneys
represent indigent parents. There are other lawyers who may represent you,
too.
You can also hire a private lawyer.
Who are the other lawyers in Juvenile Dependency Court?
The County Counsel’s Office represents the Department of Family
and Children’s Services.
The Child Dependency Unit of the DA’s Office usually represents the
children. top of page
↑
How do I contact those lawyers?
- County Counsel:
The County Counsel’s office represents the Department of Family and
Children’s Services in dependency cases.
The office is at:
373 W. Julian St., 3rd Floor
San Jose, CA 95110
Phone: (408) 491-4200
- Child Dependency Unit of the Santa Clara County
DA’s Office:
255 W. Julian St., Suite 600
San Jose, CA 95110
To learn which lawyer represents a child, call:
Phone: (408) 299-2203
- Dependency Legal Services:
They represent parents with children in Dependency Court.
The office is at:
31 N. 2nd Street, Suite 335
San Jose, CA 95113
Phone: (408) 995-0442
- Associate Dependency Attorneys:
They represent parents with children in Dependency Court.
The office is at:
31 N. 2nd Street, Suite 330
San Jose, CA 95113
Phone: (408) 995-0601
Where do I file papers for Dependency Court?
You can
file your Dependency Court papers at the Clerk’s office. All
cases
are confidential. The Clerk’s office cannot give out information over the
phone. If you want to look at court files, go to the Clerk’s office. Bring a
photo ID.
The Clerk’s office is at the Terraine Courthouse in downtown San Jose. See the
Terraine
Courthouse page for location, hours and phone numbers. Call the Clerk’s Office if you need ADA accommodations.
top of page
↑
Who represents dependent children in Court?
The DA’s
Juvenile Dependency Unit (listed on the
District Attorney Departments web page) represents children who are hurt or
neglected. They start to represent a child when the social worker files a
petition under
Section 300 of the Welfare and Institutions Code.
This
code talks about when a parent or caretaker abuses or neglects a
child. A neighbor or friend may report abuse. There are also some people who
HAVE to report abuse if they suspect it. This can be a therapist, a school
official, or childcare provider.
The police may investigate. A social worker decides if the family should go
to court. If the social worker files a petition, the DA’s Dependency team
will be the child’s lawyer. The child is a party in the court case.
Juvenile Court is the only court where children can speak for themselves.
They can also have a lawyer. In Santa Clara County all children have a
lawyer. The child’s lawyer has to make sure the Court knows what the child
wants. But, if the child is too young to talk to the Court, the lawyer will
represent what’s best for the child.
The child’s lawyer always has to tell the Court what the child wants. But,
the lawyer can’t recommend sending the child home if it’s not safe. The
lawyers make sure that the children they represent are:
- Living in appropriate places
- Are in the right schools, and
- Are getting the services they need from the social worker.
Every lawyer has an investigator. The investigator goes to see the child
at the Children’s Shelter, at school, and where they live. They also get
other information the lawyer may need to help the child.
The DA's Dependency Team has 11 lawyers, 6 investigators, 3 social workers
and clerical staff. The lawyers on the Team represent more than 3,000
children.
If you have questions about Dependency Court, or the law, call the DA's
Juvenile Dependency Team at:
(408) 299-2203
We can’t answer questions about specific cases. But, we can usually tell you
who to talk to.
Who are the "parties" in a Dependency hearing?
Parties: A party is someone who has the right to:
- Go to court
- Be heard, and
- Have a lawyer at the hearing
In a Dependency case, a party can be:
What are common legal problems with fathers?
The Juvenile Court has to know who a child’s legal father is. If the parents
were married when the child was born, the Court assumes that the husband is
the father. If the parents weren’t married, the Court might have to prove
who the father is. This is called “establishing parentage”.
The Court can learn who the father is with a blood test. Or, there can be a
paternity hearing. At the hearing the Court asks the parents about their
relationship. If the parents went to Family Court
or asked for child support,
they might have already said who the father is.
Who else can be part of a Juvenile Dependency case?
The other people who can be part of a dependency case are:
- Relatives:
In general, relatives can go to Dependency hearings. The Court needs
to know the names, addresses, and other information about all the
relatives. The child can be sent to live with them, or they can support
the child and other family members. If a child can’t stay with the
parents, the Court would rather send them to live with relatives.
A lawyer will give you a relative/kinship form.
- Court Designated Child Advocates:
The Juvenile Court will name a “Court Designated
Child Advocate” (also called CASA or Child Advocate) to visit the
child regularly and to help say what’s best for the child. A Child
Advocate can go to the hearing and talk to the judge. They can also look
at all of the child’s records. Every Child Advocate is recruited,
screened, trained and supervised.
To learn more about Child Advocates, go to their web site:
www.cadvocates.org.
You can also contact Child Advocates at:
(408) 416-0400.
Or, email them at:
info@cadvocates.org.
|
|
