In the often overwhelming world of juvenile justice, where an individual child’s future hangs in the balance, the parents’ role is not just supportive but fundamental. Parents have a fundamental right under California law to participate in their child’s juvenile dependency or delinquency case. It can be overwhelming for families in crisis to navigate this complex system and claim those rights.

Parents have the right to notice of hearings, the right to legal representation, often court-appointed, and the right to be involved in key decisions about their child’s placement, treatment, and case outcome. It is essential to ensure the minor is treated fairly, and the result is maximized in favor of the minor and preservation of the minor’s family.

At Monterey Criminal Attorney, our experience in juvenile cases makes us better placed to help you and your child. We will champion your rights as a parent and your child’s rights in the juvenile case.

The California Juvenile Court System and The Difference Between Delinquency and Dependency

The juvenile court system in California has two basic functions:

  • California’s juvenile delinquency system addresses crimes committed by minors per WIC 601 and 602.
  • Responding to minors who need protection, addressed under WIC 300 (dependency)

  1. Juvenile Delinquency

Under WIC 601 and 602, the delinquency branch addresses the case of a minor who violated a law and/or is habitually disobedient or truant. Minors who engage in unlawful behavior, like truancy, incorrigibility, and running away, solely because of their age, will be considered status offenders per WIC  601. WIC 602 addresses minors who commit acts that would be a crime if committed by an adult. These acts can range from misdemeanors to felonies.

The delinquency system seeks to rehabilitate the juvenile and to safeguard the community. Procedures involve:

  • Police interaction
  • Potential detention
  • The proceedings in court, which could allot a hearing on jurisdiction and disposition, and
  • Potential outcomes, which include probation, community service, and placement in a juvenile facility

A delinquency case could affect your parental rights. Courts could order you to be involved in your minor's treatment plan. You could potentially have to reimburse the minor’s care or supervision. However, the focus is mainly on the conduct of the minor and the process of bringing the minor to account and reintegrating the minor successfully.

  1. Juvenile Dependency

The dependency branch defined under WIC 300 protects the safety and well-being of a minor who has been abused, neglected, or abandoned or is at risk of being abused, neglected, or abandoned. A report to Child Protective Services alleging these circumstances constitutes the initiating event. The primary purpose of the dependency system is to protect the child and the family’s reunification in a safe environment, wherever possible.

The stages of this process include:

  • CPS investigation
  • Possible child removal
  • Detention hearing
  • Jurisdictional hearing to determine if the child comes under the court's protection, and
  • Dispositional hearing to determine helpful services and placement

Subsequent review hearings monitor the family's progress. The court in a dependency case could limit or end your parental rights if it finds that you cannot provide a safe and stable home to your child. This is closely related to parental rights. This system aims to provide parents with services to resolve the problems that caused them to come to the court's attention and reunite them with their children if that’s in their best interests.

In both hearings, the court orders could lead to case closure, case supervision, or involvement by the court. Dependency cases may include permanency planning options like guardianship or termination of parental rights.

Fundamental Parental Rights

In California, before any involvement in juvenile court, parents have a fundamental right to the care, custody, and control of their children. These fundamental rights are part of our constitutional rights and California law and are the minimum rights in the parent-child legal relationship.

The most basic rights of parents are to:

  • Bring up their child
  • Educate them
  • Provide them with health care and
  • Provide them with religious training

Parents have the legal authority to determine where their child lives and who cares for them daily. This includes the right to punish the child so long as it is legal and does not involve abusing or neglecting the child. Unless limited by the court, the parents have the right to custody and access to the child.

California laws protect these rights in numerous statutes. The state respects the parent-child relationship and presumes that fit parents act in their children’s best interests. Court orders in family law proceedings, like those that arise from a divorce or separation case and deal with child custody and visitation, must be made in the child's best interests and usually require contact with both parents unless otherwise detrimental to the child.

The declaration of fundamental parental rights helps understand the immense impact of juvenile court intervention, including dependency cases, on the aforementioned parental rights. The government has a h3 interest in protecting children from harm. However, any interference with parental rights must meet very high standards, and the parents must receive due process.

The juvenile court process for delinquency and dependency introduces situations where the baseline parental rights can be limited, modified, or, in serious dependency cases, potentially terminated altogether by the court. Furthermore, the child’s best interest is the primary consideration.

Parental Rights in California's Juvenile Court System: Delinquency and Dependency

California’s juvenile court system is a little complicated. The state becomes involved with minors because the minor has done something wrong (delinquency) or a situation is putting them at risk (dependency). Although the child’s best interest is always considered, parents' roles and rights differ vastly in these two branches. It is crucial for families who navigate this system to understand these differences and the scope of parental rights.

  1. Parental Rights in Juvenile Delinquency Cases

When a minor goes through the juvenile delinquency system and he/she is the subject of a proceeding under Welfare and Institutions Code (WIC) sections 601 or 602, the minor’s behavior and rehabilitation are the primary focus and not necessarily the behavior of a parent or guardian or environment. However, parents maintain important rights and responsibilities throughout this process, including:

  • Right to be notified if your child is arrested and detained — Usually, law enforcement must inform you, the parent or guardian, of your child's arrest as soon as possible, including where the child is being held and the reason for the arrest (WIC 627). You have the right to be notified of all court hearings concerning your child (WIC 658).
  • Right to attend hearings — Parents can participate in all court hearings about a juvenile delinquency case involving their child. Being there lets you hear what is happening, find out what they are accused of, and listen to what the court decides and orders (WIC 658).
  • Right to have legal representation for your child in a delinquency proceeding — In a delinquency proceeding, it is the minor's right to have counsel. However, the parents play an important role in enforcing that right. Minors have the right to representation by an attorney at all stages of the delinquency process. If the family cannot pay a lawyer, the court will appoint one for the child per WIC You can consult with your child’s attorney and provide information relevant to the child’s case.
  • Right to be heard and present information — You can inform the court about information that concerns your child’s history, character, or any other circumstance that you believe is relevant. Your child’s attorney is crucial for detention and dispositional (sentencing) hearings, particularly in assessing placement and the case plan. While not parties in a dependency context, their input can affect the court’s orders per WIC 702.
  • Rights related to detention and release — When a minor is arrested, the probation officer makes an initial detention decision. You can find out why your child was detained and provide information to a probation officer per WIC 627 or the judge per WIC 628, which could help your child be released until the next hearing. You have the right to attend the detention hearing and advocate for the release of your child into your custody.
  • Sentencing and rights at disposition — When the minor is found to have committed the said act, a hearing is held to determine any orders for the minor’s rehabilitation and supervision. Parents' right to attend this hearing and comment on potential placements, terms of probation, and recommended services. The court could also make recommendations to the parents, like attending counseling or parenting classes. Further, the court can direct parents to help pay for the minor’s care and supervision when the minor is removed from the home under WIC 727.

Even though parents have rights in delinquency matters to be notified, to participate, and to be heard, the court’s most significant relationship is with the juvenile who is the subject of those proceedings. The court's orders mainly relate to the behavior and rehabilitation of the minor.

  1. Parents’ Rights in Dependency Cases

Juvenile dependency cases begin when a child is at risk of harm from being abused, neglected, or abandoned. In these matters, the parents’ rights are directly at issue, and the parents play a more central, though often challenging, role in court proceedings. The main goal of the dependency system is to maintain the family and bring it back together when safe for the child.

The rights include the following:

  • Right to notification — Parents should be informed immediately when a dependency petition is filed concerning their child and of all subsequent court hearings. The notice has to specify the charges against them and the outcome of the proceedings, such as abrogating the parental rights.
  • Right to attend hearings and be represented by counsel — Parents are necessary parties in dependency proceedings and have the right to participate in all hearings. They also have the right to be represented by counsel. If parents cannot afford an attorney, the court must appoint one per WIC 317. Parents have the right to counsel to understand the legal process, challenge the allegations, and ensure their voice is heard regarding their child’s return.
  • Right to reunification services — In a dependency case where a child has been removed from the home, a parent has a right to seek court-ordered reunification services. These services are meant to help parents with the problems that led to the child’s removal and to bring the child back home safely. Parenting classes, counseling, substance abuse treatment, and domestic violence programs can be services. The court will decide how long and what kind of services will be provided based on the facts of the case per WIC 361.5. However, the provisions of WIC 361.5(b) state that the court may deny reunification services under certain conditions.
  • Right to visitation — While your child is detained or in an out-of-home placement, you usually have the right to visit your child. The court decides how often and how a parent can visit a child. It does so after determining that the visit will not cause social harm to the child (WIC 362.1). Visitation is essential to reuniting families within a case.
  • Right to challenge allegations and present evidence — Parents can argue against any claims made against them in the dependency petition and present evidence to prove their arguments. At the jurisdictional hearing, where the court decides whether the allegations are factual and whether the child comes under the court’s jurisdiction (WIC 350), parents can present evidence, call witnesses, and cross-examine the county agency’s witnesses, for example, Child Protective Services or other entities as appropriate.
  • Parents have the right to participate in case planning. This case plan outlines what parents or caregivers must do and what services they must complete because of the concerns that brought the family into the dependency system. They help with the planning for reunification (WIC 1).

When Parental Rights Can Be Limited or Terminated

Parents have rights in juvenile delinquency and dependency cases, but these rights, while fundamental, are not absolute. They can be limited or terminated.

In delinquency cases, restrictions of parental rights mainly occur when the minor is placed out of the home as part of their disposition. In most cases of delinquency, the legal guardians can be said to be parents. However, while the minor remains in a juvenile center or other court-ordered placement, the physical custody and authority of decision-making may be limited. When a minor is placed on probation, the conditions can also be placed on the minor’s parents. For example, the probation order could demand that the minor’s parents ensure the minor complies with the curfew or attends school.

If the minor does not abide by this or any other requirement, it could reflect poorly on the minor’s case. As a general rule, parental rights termination is not the standard outcome of a delinquency proceeding, which instead focuses on rehabilitating the minor and returning them to the community, often under parental supervision.

In the dependency context, the consequences for parental rights are more serious, potentially leading to the termination of parental rights completely and permanently. If the court finds that, after the provision of or bypass of reunification services, the parent has not made sufficient progress in consistently addressing the issues that led to the removal of the child, and that return of the minor to the parent would be detrimental to the child’s safety and well-being, the matter will be set for a permanency planning hearing (WIC 366.26).

At a WIC 366.26 hearing, the court no longer focuses on reunifying the child with the parent. Termination of parental rights could occur if the court determines the parent cannot provide a safe home. That termination is in the child’s best interest to obtain a permanent placement like adoption, by a clear and convincing evidence standard. As indicated in WIC 366.26, the statutory grounds for termination are generally tied to a failure to reunify within the statutory timelines or a severe safety concern.

It is important to recognize how serious a situation termination can be. It cuts off legal rights and reduces or severs custody, visitation rights, and the right to affect the child. It is tough to reinstate parental rights once they are terminated.

Your Obligations as a Parent in Your Child’s Case

Parents in the California juvenile court system have more than just rights. They also have obligations that contribute to the process and their child. The responsibilities differ depending on whether the case is delinquency or a case of dependency.

Parents must cooperate with the court, its officers, probation officers, social workers, and the like in delinquency and dependency cases. A parent must ensure that their child attends every court hearing and appointment. Failure to do so can negatively impact the case outcome.

Juvenile delinquency cases often have a cost for parents of young people. Under WIC 903, the reasonable costs of your child’s support and care shall be borne by you when the child is detained or placed away from home. This could include detention, care, and supervision costs.

Parents may be ordered to make restitution to victims for damage caused by their child’s delinquent behavior. Moreover, the parents are regularly responsible for ensuring their child's compliance with the conditions of any court-ordered probation. The court could also compel the parents to attend counseling or other programs as necessary to help deal with the factors that contributed to the minor’s behaviors.

In juvenile dependency cases, the obligations of parents are primarily aimed at being actively involved in the case plan ordered by the court. This is critical for the possibility of reunification. Parents have to follow through and complete parts of their case plan. Case plans may include services such as:

  • Parenting classes
  • Counselling
  • Substance abuse and domestic violence services

Another important responsibility is to keep regular contact with the child. Social workers, attorneys, and service providers are people you need to cooperate with as part of the case. Parents may also have to help support the child while in foster care, per WIC 903.

There can be serious consequences if you fail to meet parental obligations in either context. In delinquency cases, the parents’ failure to cooperate or failure to make the minor comply with a court order can cause the minor to be put on terms of probation that are more restrictive or more restrictive placements. Not participating in the case plan and not being able to show capacity to provide a safe home can jeopardize reunification in dependency cases and lead to termination of parental rights. The court believes a parent’s willingness to comply with these obligations indicates their effective and safe parenting.

Steps You Can Take to Protect Your Rights and Fulfill Obligations

Having to navigate the juvenile court system can be a lot for parents. Knowing your rights and carrying out your responsibilities is important for your family’s best outcome. Here are practical steps parents can take:

  • Stay informed — Questions about the court process, allegations, or reasons for involvement, and what you or your child must do. Go through each of the documents given to you carefully and clarify any doubts.
  • Attend all hearings — Be there for every court date. This shows you are serious, lets you remain informed, and allows you to make your voice heard in court.
  • Communicate respectfully —Try to communicate respectfully with everyone in this case. This includes any probation officer, social worker, lawyer, judge, or service provider. It is good to maintain honest communication even when it becomes tough.
  • Everything should be documented — Take detailed notes or document everything regarding the juvenile court. This means you must provide us with the dates and times of conversations, the subjects of those conversations, and a copy of everything you have received and sent. Also include a record of your efforts to follow court orders and case plan requirements like class attendance, drug tests, and visit logs. This documentation can be crucial evidence.
  • Comply with court orders and case plans — Following court orders and case plans is perhaps the most crucial step. You must carefully follow every order given by the court. You must also participate in whatever case plan is ordered or other probation terms. When the court weighs your compliance heavily, it is essential to protect your rights. This is especially true when the goal of your case is reunification.
  • Support your child — Be there for your child emotionally throughout the process. Urge them to cooperate with their lawyer, advice officer, or social worker and participate in any required services or programs.
  • Understand the role — Your child’s lawyer works for your child. The social worker or probation officer works for the court. The judge makes the final judgment on the case, so understanding everyone’s role is also important.

Find a Criminal Defense Attorney Near Me

Parents must be well-informed and actively involved when navigating California’s juvenile court system. Even when the state is involved in the life of a child, the parents have fundamental rights and important duties in delinquency and dependency cases. Knowing how to protect your position and secure your child's safety is necessary.

To learn more about the juvenile system and seek legal representation, contact Monterey Criminal Attorney today. Our attorneys are ready to protect your child's rights and build a h3 strategy for your child's future. Contact us at 831-574-1791.