Document Library

Misc. Information:

American Safe Families Act:

c-asfa1997

Rules of Civil Procedure-CA

civil procedure _ LII _ Legal Information Institute

California Judges’ Hearing Scripts:

JudgesScriptHearingsJuv

California Juvenile Dependency Court Case Flow:

Dependency_Flow_charts

 

Social Worker’s Desk Manual:

Caseworker Manual PDF

 

Before They Terminate Your Rights:

ChecklistTermPRights

Index to CA Codes:

CAWelfareInstCodeIndex

Information on Reasonable Efforts:

making_reasonable_effort

Clip from Benchguide:

Right_to_contested_hearing_and_express_waiver

What The Judge is Supposed to Do:

BGuideDetHearing

Federal Funding:

USJusticeDeptFundedPermPlanGuide

 

Research! Law, Codes, Procedures, Cases, etc.

The Juvenile Dependency Court’s Public Purpose:

As defined in California Welfare & Institutions Code Section § 202:

 The purpose of the juvenile court is to secure for each minor under its jurisdiction such care and guidance, preferably in his own home, as will serve the spiritual, emotional, mental and physical welfare of the minor and the best interests of the State; to preserve and strengthen the minor’s family ties whenever possible, removing him from the custody of his parents only when necessary for his welfare or for the safety and protection of the public; and, when the minor is removed from his own family, to secure him custody, care and discipline as nearly as possible equivalent to that which should have been given by his parents.

Interestingly worded! Let’s look at some key points.

Our site’s claims that neither CPS nor the Juvenile Court personnel truly have the “child’s best interests” at heart. W&I Code §202 confirms that they don’t. This says “the best interests of the State”.  This also gives the court the power to remove a child from his parents for the safety and protection of the public!

I also notice that the language specifically states “his” when referring to the minor. What happened to the politically correct, “his/her”? This prompts me to research the number of boys removed from parents vs. girls removed. Stay tuned, that and more coming soon.

Sharon Joyce-Burns for donnellyjustice

Helpful Hint For Those Fighting CPS

I have been going through my family’s entire case file (1,400+ pages) and found some very important things the Court and CPS failed to do. If I would have had this whole file before May 23, 2011 we would still have our son. So here are a few helpful hints that could keep you afloat during your CPS case:

1.  ORDER A TRANSCRIPT FROM EVERY HEARING, they cost around $50-$60 but soooo worth it. There are findings and orders that the Judge must SAY on the record. Get a copy of the Minute Order (#4 below).  If you are reading this and want to know, email me at billandsharon9@msn.com and I will forward you the W&I Codes for your area and explain the orders that the Judge must make. If the Judge fails to state certain things on the record, CPS could lose their funding for your children and most likely will close the case if it costs them money. Also, failure to make certain findings is cause for an appeal to whatever decision the Judge made that you don’t agree with. Remember, you need to file a Writ within 60 days of the decision.

2.   YOU ARE ALLOWED TO SPEAK IN COURT and the Judge is supposed to encourage it. CHILDREN ARE ALLOWED TO SPEAK IN COURT and the Judge is supposed to encourage the children(s) participation (10 yrs. and over).

3.   DO NOT LET YOUR ATTORNEY WAIVE THE READING OF THE PETITION OR WAIVE YOUR ADVISEMENT OF RIGHTS.

4.   Request that the Minute Order be printed and mailed to you. The Clerk is required to do this but in Riverside County, CA they never do.

5.   Contest any Orders that are not SIGNED by the Judge.

6.   IF YOU AGREE TO DO A HAIR FOLLICLE TEST: 1. Don’t try it if there is even a chance of being positive because you need to: 2. Pay for one yourself at the same time. Yes, an investment of $100 is worth it to prove CPS of falsifying test results!

7.   Make sure you get copies of everything and keep them organized forever. You never know, even if your case closes with the return of your children, if another case is opened, the first case will have a devastating affect on the second case and keep fighting!