It is crucial that as the lawyer, your clients must be aware of the procedures and comply with the requests of the social worker. 

I have a client who entrusted their baby while both parents  were at work with a babysitter who is a close family friend.  One day, the police was called to the babysitter’s home because the baby has fainted.  The 14 month old baby was brought to the hospital and was treated for acute right and left hematoma.  A police report was also initiated describing the incident.  There is currently no criminal case pending against the parents. But the parents have lost custody of the child temporarily and I am representing the mother in dependency court. 

A social worker was assigned to the case immediately and both parents were not allowed to see their child while she was in the hospital.  I fought for immediate visitation at the initial hearing and advised the judge that the child had no family members visiting her as she underwent grave medical treatment.  The judge affirmed my position and wanted immediate visitation by both parents. It is our position that the babysitter is the responsible party for the injuries sustained.  However, since the parents had “care and control” of the child, they are under the “radar of suspicion.”

What happens if the police are called in such cases?  As the parent, criminal charges may be instituted and/or if your child is taken away, you will have a case in dependency court.  If your child becomes a “dependent of the court,” the court will make orders for you, your child and the social worker—with the primary interest of the protection of the child.  As the parent, you have a right to have a lawyer represent you in court.  The county will be the opposing party and will speak on behalf of the social worker.  Depending on the jurisdiction, the court will also appoint a Court Appointed Special Advocate who “represents” the child.

What happens at the first dependency court hearing?  If your child was taken away from you, the judge will decide whether to return the child to you until the next court hearing.  If the child is not returned to you, be prepared to advise your lawyer of any relatives the child can stay with until the next hearing or even longer.  Make sure to request for monitored visitation with the child. 

Due to the seriousness of the charges, the child in my case is not presently with the parents but I made sure that the paternal grandfather who lives with one of the parent’s sister was granted temporary custody.  Note, the court will request that the temporary guardian have a criminal background check and be “fit” to take care of the child.

 I represent the mother in this case.  I am not allowed under the law, to represent both parents due to a possible conflict of interest.  Reunification is our goal and having a case plan is crucial to fulfilling this objective.  There is a right to trial in dependency court but it is purely a court trial (i.e. no jury trial).  The judge is the sole decision maker.  Hence, it is crucial that as the lawyer, your clients must be aware of the procedures and comply with the requests of the social worker.

The social worker will monitor the case, including but not limited to, interviewing the parents and other percipient witnesses, make a report and provide the reports to the court and the lawyers.  Based on the reports, arguments of the attorneys and other pertinent information, the judge will make a decision whether reunification is for the best interest of the child. 

As for my case, the government attorney and both attorneys for the parents are close to a resolution that will have both child and parents together.  I am happy to also report that the baby girl is in good health.  It is shocking to have your child taken away from you.  In times such as these, it is imperative that you hire an attorney that will be vigilant and determined—even taking it all the way to trial.  Since the outcome could make your child a “dependent child of the court” which means you will have only limited control over your child and your child may be taken from you.