looking over court docs, what does this mean?

This is what I think: One of the first hearings the dependency court will have is the jursdictional hearing which determines if the court has jurisdiction over the matter. Meaning: is this even a matter to be heard in this court? Do they have jurisdiction ("control") over the matter or the child(ren)? For example if they determined children were from another district or state they would determine they don't have the jurisdiction to even hear the case or rule on the matter. The jurisdictional hearing is one of the first hearings in the process. Almost all of the motions/hearings are contested by the birth parent. It basically means theyre fighting it/don't agree with the motion being made by the court. I think this means the birthmom or BF was basically saying their child(ren) shouldn't have been taken in the first place and don't need court involvement. Not sure but just my idea. Here's some info about the process in LA (from website [url=http://dcfs.co.la.ca.us/adoptions/Adopt_Handbook.html]Adoptions Handbook - TOC[/url]) Dependency The juvenile court protects the interests of abused and neglected children and does so through a series of dependency hearings. These hearings begin after DCFS has investigated an allegation of child abuse or neglect. If the allegations appear to be substantiated, and the child cannot remain safely in the home with services, a petition is filed by DCFS requesting that the child become a dependent of the court. A child who is a dependent is under court supervision; the state has assumed responsibility for the well being of the child. Petition The petition includes facts alleging that a child has been abused or neglected according to the California Welfare and Institutions Code (WIC), the law that contains guidelines for determining if a child needs the juvenile court’s protection because of abuse or neglect. DCFS can remove a child from the home and detain, but cannot hold the child for more than 48 hours without filing a petition. Detention Hearing Once a petition is filed, the court holds the first event in the dependency process, the detention hearing. At this hearing the child’s parents are informed of the allegations in the petition and the court decides whether it is still necessary to detain the child. The hearing must take place within 72 hours after a child is removed from the home. Parents are orally notified, given a copy of the petition and informed of their right to competent court-appointed counsel. To continue to detain the child, the court must decide that the petition alleges enough facts, that if later proven in a trial, demonstrate that the child is in a situation described by WIC. At the detention hearing, the juvenile court also has to find that DCFS made a reasonable attempt to prevent or eliminate the need for removal, or that there was an emergency situation. After considering all the alternatives, if detention is still necessary and the court continues the child’s placement out of the home, the court will order DCFS to provide appropriate reunification services to the family as soon as possible. At this hearing, questions are also asked regarding absent parent(s), so they can be notified of future hearings. DCFS then develops a case plan with the family. The case plan details the specifics of out-of-home care, family services and family visitation. Restrictions on custody, supervision, and visitation are also addressed. A written case plan must be completed within 30 days of the child’s removal and is updated frequently throughout the dependency case. Adjudication Hearing The purpose of the adjudication hearing is to determine, by way of a confidential trial, whether the allegations in the petition are true. The standard of proof at the adjudication hearing is preponderance of the evidence. This means DCFS must show that it is more than 50% likely that the allegations in the petition are true. Therefore, if the facts and evidence supporting the petition produce a stronger impression, are more convincing or believable than any facts to the contrary, the court will most likely decide the petition is true, and declare the child to be a dependent. Parents’ Rights Parents must receive proper notice of the adjudication hearing. If the parents do not attend the hearing, and it is later shown they did not receive proper notice, it may be declared null and void. At the adjudication hearing, parents also have due process rights such as the right to legal counsel, the right to cross-examine witnesses, and a limited privilege against self-incrimination. Mediation Rather than having a full blown adjudication hearing, mediation can be used in juvenile court as a way of working out the issues at hand in a non-adversarial way. In the mediation process, an independent person listens to the positions of the parties involved and offers solutions. Mediation can be requested at any stage of the legal process, however it is generally used in the early dependency proceedings. Disposition Hearing The disposition hearing is a separate trial, but if all parties agree it can take place on the same day as the adjudication hearing. The purpose of the disposition hearing is threefold: • To determine if removal of the child is still necessary, and if so, order placement of the child • To decide whether reunification services are to be offered to the parents • Where reunification services are offered, to approve a case plan for the family and order the parents to comply with the plan. At the disposition hearing, in addition to other possible kinds of evidence, the court considers social study reports, evaluations by child advocates and live testimony. Parents also have due process rights at disposition. Deciding to Remove Disposition is the point at which the child may be legally removed from the parents. In order to legally remove the child at disposition, the juvenile court must find proof by clear and convincing evidence that removal is necessary in order to protect the child. Clear and convincing evidence is evidence that produces a firm belief or conviction of truth. A child can be legally removed from the parents’ care if the court finds one of the following: • There is a substantial danger to the physical health or safety of the child and no reasonable means exists whereby the child can be protected in the home; or • The parent is unwilling to have custody of the child; or • The child is suffering from emotional damage, and there is no reasonable means to protect the child’s emotional health in the home; or • The child has been left without protection because the parent is institutionalized, incarcerated, or their whereabouts are unknown; or • The child has been sexually abused and there is either no reasonable means to protect the child in the home or the child does not wish to return home. Once the child is removed, the law requires that the court first consider placement with another parent, or with a relative, before ordering the child to be placed in foster care. Deciding Whether to Offer Reunification Services In certain cases, the law makes it much more difficult for the juvenile court to order reunification services for the family. In fact, in recent years, the number of exceptions allowing the court to deny reunification services has increased dramatically. The court can deny reunification services where: • The parents’ whereabouts remain unknown. • The parent suffers from a mental disability rendering them incapable of caring for the child. • The parent previously had a child removed for physical abuse or sexual abuse and the child, or the child’s sibling, has now been removed again for the same reason. • The parent caused the death of another child through abuse or neglect. • The parent severely physically abused the child and the child is under the age of five. • The child or a sibling was severely sexually abused or physically abused and the court finds that it would not benefit the child to have reunification services. • The parent committed statutory rape that resulted in the child’s conception. • The parent willfully abandoned the child, and the abandonment constituted a serious danger to the child. • The parent previously has been offered reunification services as to one or more siblings of the child, but the parent failed to reunify, or parental rights were terminated with respect to a previous child and the parent has shown no rehabilitation. • The parent has been convicted of a violent crime. • The parent suffers from a chronic substance abuse problem that has resisted treatment for a substantial period of time. • The parent knowingly waives reunification services. • The parent willfully abducted the child from his or her placement and refused to disclose the child’s whereabouts. When the court denies reunification services due to one of the above exceptions, the case moves directly into deciding on a permanent plan for the child. The court decides on the permanent plan during the 366.26 hearing. The 366.26 hearing is also where the court decides on TPR. The 366.26 hearing is discussed later in this section. Approving a Case Plan When reunification services are ordered, California law states that the case plan is the foundation and central unifying tool in child welfare services. The case plan should be based on an assessment of the circumstances that required court involvement. It identifies the conditions and the incidents that led to DCFS intervention, sets specific goals and describes why the planned services are appropriate to meet those goals. The case plan also contains a schedule for social worker contacts, specifies how often there will be parent-child contact and addresses sibling visitation. DCFS presents the case plan for review. The court then considers the plan and other evidence presented and issues the orders that form the case plan for the family. Status Review Hearings Status review hearings are held at least every six months. They give the juvenile court an opportunity to reconsider the need for continued supervision, evaluate the child’s current placement and review the effectiveness of the case plan. At each review hearing, the court can order reunification services to stop. Certain factors may influence the court in this direction, for example: • The parents’ whereabouts remain unknown. • The parent has failed to contact the child. • A child is under the age of 3 or is part of a sibling group where one child is under age 3. • The parent has not complied with the case plan and is unlikely to rehabilitate within 6 months. Most cases will continue the reunification period roughly 18 months. At all status review hearings, DCFS must show, by clear and convincing evidence, that reasonable reunification services have been offered to the parents. If the juvenile court finds that DCFS did not make reasonable efforts to provide services, the reunification period can extend beyond 18 months. 366.26 Hearing - Termination of Parental Rights The purpose of the 366.26 hearing is to choose a permanent plan. The 366.26 hearing is scheduled 120 days after reunification services are stopped. A permanent plan may be one of two options. The court considers whether to: • TPR, as a prelude to adoption • Order legal guardianship. DCFS produces a report to help the court choose a permanent plan for the child. The report contains the following elements: • A description of the current search efforts to locate absent parents or guardians; • a review of the contact between the child and the parents or extended family; • an evaluation of the child’s medical, developmental, scholastic, mental and emotional status; • a preliminary assessment of the eligibility and commitment of a prospective adoptive parent or guardian; • a description of the relationship of the child to his or her prospective adoptive parent or guardian and • the likelihood of adoption if parental rights are terminated. The court will order long term foster care if a child cannot be ordered into adoption or legal guardianship. Possible Delays in Termination of Parental Rights The Likelihood of Adoption To avoid the creation of legal orphans many courts in L.A County want to ensure adoption will occur prior to terminating parental rights. This means that in most cases, the court will not declare children legally freed until they are living with caregivers with approved adoption home studies Birth Parent Appeals Another factor that influences when parental rights are terminated is an appeal by the birth parent. A birth parent can file an appeal up to 60 days after the court terminates parental rights. Parental appeals may take up to a year or more to resolve and no adoption can be finalized until the appeal is over and the parent has not prevailed. Other factors Some of the other factors that may delay the termination of parental rights are: • Hearing notice requirements not met for birth parents or met incorrectly. • Identification of a previously unknown birth parent late in the court process. • Juvenile court hearing officers use their own discretion supervising their dockets. A hearing officer may decide to delay or not terminate parental rights. Exceptions to the Termination of Parental Rights The following are circumstances in which the court most likely will not terminate parental rights: • The prospective adoptive child is age 12 or older and objects to termination of the parents’ rights. • The child is in a residential treatment facility, adoption is unlikely, and continuing parental rights will not prevent permanent placement if the parents cannot take over custody when the child is out of residential care. • The child is living with a relative or foster parent who will not adopt, but who will continue to provide a home and removing the child would be detrimental to his or her emotional well being. The court also cannot terminate parental rights if at previous hearings it found that DCFS did not make reasonable efforts to reunify the family. It is also important to note that birth parent visitation does not end until parental rights are terminated, even if family reunification services end. Birth parents or relatives may, and often do, continue to visit the child after he or she is placed in the prospective adoptive parents’ home. It’s the caregiver’s role to support the visitation, deal with possible legal complications and integrate the child into his or her new family, all at the same time. This can be a complicated emotional juggling act. The child may also struggle with divided loyalties between biological parents and the prospective adoptive parents. To deal effectively with this situation, prospective adoptive parents should discuss concerns and work out the details of the visitation with the child’s DCFS CSW. In addition to providing direct support, the CSW can refer the family to services in the community. Legal Participation in Court for Adoptive Applicants Prospective adoptive parents do not have legal standing or status to participate in court proceedings unless they have asked for, and been granted, de facto parent standing or status by the court. Some prospective adoptive parents have found that this is an effective way of dealing with the legal complications of the adoption process. The child’s CSW may also include the de facto parents’ statement in reports to the court. Prospective adoptive applicants interested in obtaining de facto parent status or standing should consult an attorney or see the court clerk at Edmund C. Edelman Children’s Court. The court’s address is located in the Resource section of this handbook. Notices of Hearing for Prospective Adoptive Applicants Prospective adoptive applicants who are also the child’s current caregivers are notified of the time and date of dependency hearings. They have a right to be present at the hearings and to submit a written statement to the court or to the child’s CSW for inclusion in the court report. Adoptive applicants who are not the prospective adoptive child’s current caregivers do not have a right to be notified of hearings. Adoption Finalization Hearing Once parental rights are terminated and any parental appeals have been exhausted, there are a series of legal and social work steps that take place before the adoption is ready to finalize. Briefly, the Adoptive Placement Agreement must be signed and a required post-placement supervision period must pass (these steps are explained later in the handbook). After adoptive placement and post placement supervision, the case is prepared for the Adoption Finalization Hearing. At this hearing, the hearing officer grants the Order of Adoption and makes the adoption official. Detailed information on the Adoption Finalization Hearing is found in the section of this handbook titled “The Adoption is Official.” Legal Issues Related to Adoption New Legal Mandates The last few years have seen a major shift in the way child welfare services are provided in the state of California. Among these are reductions in time frames for family reunification, the use of Concurrent Planning and the creation of the voluntary Post Adoption Contact Agreement. Reductions in Time Frames for Family Reunification The changes related to how long reunification services are offered to birth parents are significant for prospective adoptive parents. Birth parents who are not making meaningful progress toward making necessary changes in their lives are no longer automatically provided with additional time for reunification. There was a time when dependent children might have spent years in foster care. Today, in most cases, the reunification period does not extend beyond 18 months. Concurrent Planning Concurrent planning is the process of creating a “back-up plan” of adoption for dependent children. The goal is to place children with relatives or foster parents who will work toward reunification with the birth parent and provide a permanent home for the child if reunification fails. In certain circumstances, DCFS is required to address adoption as a possible “back-up plan” for dependent children. Furthermore, all child welfare agencies in California are mandated to move dependent children into concurrent planning placements- also called permanency planning families- early in the dependency process. The preferred permanent plan is adoption, but the court may consider legal guardianship.

Thank you so much for posting this information. Although I am in a different county, this information did answer some questions. Thank you again.

It means that the parent(s) contested the allegations of abuse/neglect that were stated in the origional dependency petition. The Jurisdictional hearing is similar to a "trial", where the involved parties can call witnesses and present evidence to prove/disprove the allegations against the parent. The Origional Dependency Petition is the origional complaint filed by the department. It only needs to show a prima facia case that if the allegations are true, the child would become a dependent of the court.