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Definitions
| Delinquency Proceedings | A petition is filed by the District Attorney, generally at the recommendation of the probation officer, alleging that the child is habitually disobedient and uncontrollable, violates a curfew ordinance, is habitually truant or violates any criminal law or ordinance which would be considered criminal behavior if the child were an adult (WIC section 602). – The child is adjudged a ward of the court based on the sufficiency of the evidence presented about the child’s conduct. – These are quasi-criminal cases. – No child is a “criminal.” No child is “guilty” of “crime.” Some offenses are status offenses (like truancy), which means they wouldn’t be crimes if adults committed them. Because the purpose of juvenile justice court is rehabilitation, the criminal rules apply unless they don’t, making this a quasi-criminal court. If jurisdiction is taken, the court should treat the post-adjudication the same as a child welfare case. |
| Dependency Proceedings | A petition is filed by a county social worker alleging abuse or neglect (abuse and neglect will be referred to as maltreatment in this course) of the child by the child’s parent or legal guardian. Juvenile Court determines whether there is sufficient evidence to support declaring a child a dependent of the court, based on one or more of the grounds of child abuse and neglect specified in WIC section 300. |
| Dependent of the Court | Term used when Dependency Court has jurisdiction of a child. |
| Detention Hearing | The first judicial proceeding in a dependency case where the judge decides whether the child should remain in custody, away from the parents, while an investigation into the reasons for the removal is conducted. At this hearing, the court will appoint counsel, advise parents of their rights, explain the court process, order visitation when appropriate, inquire about possible relative caregivers, and inquire into the child’s paternity and determine whether the Indian Child Welfare Act might apply. This hearing must be held within three court days of the physical removal of the child. |
| Dispositional Hearing | At this hearing the court decides whether to: If the child is made dependent the judge will: |
| Dual Status | When a minor has court orders in both Delinquency and Dependency Courts. |
| Indian Child Welfare Act (ICWA) | A federal law that is intended to put procedural safeguards in place to preserve the Indian family and culture and to protect the rights of Indian children involved in the child welfare system. |
| Independent Living Services | Children age 14 and older must be provided with services to help them transition from foster care to successful adulthood. |
| Jurisdictional Hearing | The court decides whether the allegations in the petition filed by the Social Services Agency are true, and whether the child has been abused or neglected, as described in WIC section 300. This hearing must be held within 15 days of the detention hearing. |
| Juvenile Dependency | A legal system where children become dependents of the court due to parental abuse or neglect. California’s system simultaneously strives to preserve the family unit while obtaining permanency for children. |
| Legal Guardianship | The court suspends, but does not terminate, parental rights, and another adult is appointed to be responsible for the child. |
| Noticing | Formally providing the date, time, location and purpose of the hearing. |
| Permanency Hearing | The hearing where the court determines the most appropriate permanent plan for the child. This can be at disposition if the court does not order reunification services under WIC Section 361.5(b) or at a hearing where the court terminates reunification services. The permanent plans in California in order of preference are: return home, adoption, legal guardianship, permanent placement with a relative, or placement in foster care with an identified permanent plan. For a youth 16 years of age or older, the permanent plan could also include another planned permanent living arrangement but is not considered a final legal permanent plan thereby review hearings and efforts to finalize another permanent plan continue. If the court chooses adoption or legal guardianship, it must set a hearing under WIC 366.26 which is referred to as a .26 hearing or a selection and implementation hearing. |
| Reasonable Efforts | A legal determination if the agency has provided the family with adequate services, which can include visitation, referrals, and other case management. Reasonable efforts must be made prior to removal, to reunify the family and to finalize a permanent plan for the child. |
| Status Offense | When a minor is habitually disobedient and uncontrollable, violates a curfew ordinance, is habitual truant. Actions that are not criminal offenses but are of concern because of the impact on the minor. |
| Status Review Hearings | At this hearing, held every six months, the judge reviews the case and the case plan. The judge must decide in family maintenance cases, if the conditions that brought the family within the court’s jurisdiction still exist or if such conditions are likely to exist if supervision is withdrawn. In family reunification cases, during the period in which reunification services are being provided (six, 12 or 18-month status review hearings), the court must return the child home unless the agency can show that return of the child to the home would create a substantial risk of detriment to the child’s safety, protection, or physical or emotional well-being. |
| Tribal Court | California’s tribal justice systems may handle an array of different case types, may function similarly to a state court or traditional customs of the tribe and create their own legal codes. Currently there are 22 tribal courts located in California. Currently there are 22 tribal courts located in California. The number of tribes with access to a tribal court is 39; some courts serve multiple tribes. For example, the Intertribal Court of Northern California serves 7 tribes; the Intertribal Court of Southern California serves 12 tribes; the Northern California Intertribal Court System serves 4 tribes; and the Northern California Tribal Courts Coalition serves 5 tribes. Ward of the Court: Term used when Juvenile Delinquency Court has jurisdiction of a minor. |
| Welfare and Institutions Code (WIC) | A series of laws that govern California’s Juvenile Court for Dependency (WIC 300) and Delinquency (WIC 600). |
Timelines
Dependency and Delinquency: Ages 0 to 18
- Child is detained.
- Social Worker or Probation Officer files petition within two judicial court days of child being detained.
- Detention Hearing held no later than the end of the next judicial court day.
- Jurisdictional Hearing is no later than 15 days after Detention Hearing.
- Dispositional Hearing is no later than 10 days after Jurisdictional Hearing.
- Six-Month Review Hearing – from date of removal.
- Six-Month Status Review Hearings – six months after Dispositional Hearing but no later than 12 months after date child was placed in care. (Can be the same hearing as Six-Month Review Hearing).
- Ongoing Status Review Hearings.
- 12 months after child entered foster care.
- 18 months after initially removal.
- 24 months after initially removal.
Review hearings every six (6) months must continue until the court case is dismissed or a Selection and Implementation Hearing has occurred.
- Selection and Implementation Hearing (Permanency Planning Hearing or .26 Hearing) within 120 days of when the court order either denying or terminating reunification services.
- Post Permanency Hearing – every 6 months after Selection and Implementation Hearing.
Non-Minor Dependency and Delinquency: Ages 18 to 21
Last Status Review Hearing before the youth turns 18 years old. Youth becomes NMD.
- Dependency – youth must agree and sign Mutual Agreement for Extended Foster Care
- Delinquency – has no completed probation becomes NMD.
Status Review Hearing for a NMD every 6 months until termination of court order or the youth is 21 years old.
Termination of Juvenile Court Jurisdiction over a Non-Minor Hearing.
- Youth asks for dismissal.
- Youth does not meet criteria.
- Can be held any time. Can be held at a Review hearing.
Re-entry Hearing – any time before youth is 21 years old.
- After youth opts out of NMD, or court finds that NMD was not meeting criteria, or NMD cannot be located.
- Youth requests to re-enter extended foster care.
- Hearing held within 15 days.
- Six Month Status Review Hearings resume if youth re-enters extended foster care.
Helpful Links
- Administration for Children and Families
- CDSS Forms and Publications
- CDSS Glossary
- CDSS Kinship Guardianship Assistance Program (Kin-GAP)
- CDSS Letters and Notices
- CDSS Online Manual of Polices and Procedures
- Child Welfare Services Manual: Child Support Referral Requirements
- Community Care Licensing
- Div. 31, Chapter 31-100 through 31-200: Case Plan Documentation
- Implicit Bias: American Psychological Association
- Judicial Review and Technical Assistance: Fact Sheet Title VI-E Site Visits
- Title VI-E Review Tool
- Social Security Act
- Understanding Bias: Resource Guide From the U.S. Department of Justice
- Welfare and Institutions Code Section 11400 to 11410