Expansion of California Dependency Powers

San Jose Child Dependency Lawyer And Santa Juvenile Dependency Cases Attorney

A California appeals court recently released an opinion expanding the power of counties to remove children from their parents in dependency proceedings. The court held that, if a child is substantially at risk of serious harm, the court may remove the child from the parent’s custody if the parent is unable to protect the child, even if the parent is responding to the problems appropriately.

The Law

California law provides certain circumstances in which a child may come within the jurisdiction of the juvenile court, meaning that dependency proceedings may be initiated and the child may end up being adjudged a dependent of the court. One of those circumstances, at issue in this case, is if the child has suffered or is at serious risk of suffering serious physical harm as a result of the parent or guardian’s inability to supervise and protect the child.

The Case

In re R.T. deals with a 17-year-old girl, who, beginning at 14, ran away from her mother for days at a time. She falsely claimed that her mother abused her, failed to attend school, acted violently, and had two children, the first at 15. The mother made an effort to protect her daughter, seeking help from the police, the child’s grandparents, and the Los Angeles County Department of Children and Family Services.

However, the girl continued her rebellious behavior and the mother was not able to control her. The juvenile court asserted jurisdiction over the child, and authorized DCFS to place her with her grandparents until reunification services could be provided, since her grandfather had professional experience in working with troubled youth.

The court said that the mother was not neglectful or blameworthy, but that “when a child … faces a substantial risk of serious physical harm, a parent’s inability to supervise or protect a child is enough by itself to invoke the juvenile court’s dependency jurisdiction.” In other words, even if parents are doing their best to protect a child, if those efforts are not enough to keep the child from harm, the county may remove the child from the home.

Possible Impact

A spokesman for DCFS spoke out in favor of the opinion, saying that a child’s safety is the most important consideration, and that if the parent cannot ensure that safety, the state should step in. However, opponents have said that the expansion of the state’s role is worrisome, since many parents, though they do everything possible, are unable to control their children. An attorney for the Alliance for Children’s Rights suggested that the ruling should apply only as a last resort.

In re Precious D. is a 2010 case from a different state appellate court that ruled that, for a court to be able to take a child from his or her parents, the parent had to be unfit or neglectful in some way. Since In re R.T. disagrees with this case, the issue may soon come before the California Supreme Court.

If you and your child are facing dependency proceedings, the advice of an experienced attorney is essential. Call (408) 277-0377 or contact us online to schedule your appointment with skilled San Jose criminal defense attorney Wesley J. Schroeder today.