Frequently Asked Questions About Juvenile Law
Parents will find themselves with questions about juvenile law in one of two contexts. Either their child has been charged with juvenile delinquency (criminal charges for minors), or the parents themselves have been accused of abuse or neglect and their parental rights are being threatened by a California Child Protective Services (CPS/CFS) agency.
In either type of juvenile law matter, it is critically important to seek independent legal advice and representation as soon as possible. It is your right to have a lawyer present immediately before speaking with any official, even informally. The sooner you get an advocate involved on your side, the stronger protection and defense we can provide for your family.
At The Law Offices of Johnson & Johnson, we have more than 15 years' advanced experience with all types of juvenile law matters. We have offices in Pittsburg and Walnut Creek, California, and we offer all new clients a free and confidential initial consultation.
This page offers answers to some of the most frequently asked questions (FAQs) about juvenile law matters, including juvenile dependency hearings and juvenile delinquency. For information about your specific circumstances, contact us to schedule an appointment.
Can I Contact My Child If CPS/CFS Takes Him or Her Away?
If Child Protective Services (or Child Family Services) removes your child from the home, you have a right under juvenile law to be allowed to contact your child by phone within five hours of the removal. This right may only be denied if CPS/CFS determines that telephone contact would be detrimental to the child, and your attorney may fight that determination so that you are allowed phone contact.
What Are the Next Steps After CPS/CFS Removes My Child From the Home?
Contact a juvenile law attorney immediately. You run a serious risk of losing custody of your children almost immediately if you do not have knowledgeable assistance from an experienced juvenile dependency lawyer.
Within 48 hours after the child is removed from the home, CPS/CFS must either release the child or petition for a detention hearing. At a detention hearing, a judge will decide whether to return your child to your custody or keep the child away from you until a complete trial on the allegations of abuse or neglect can be held.
The full trial is called a jurisdictional hearing, and your attorney will advocate diligently for you and your presumption of innocence while seeking to prove that the allegations of abuse or neglect are false and that the county CPS/CFS office cannot prove its case. Several outcomes are possible after a jurisdictional hearing, including: dismissal of the allegations or return of your children with informal supervision or a formal case plan. If, however, the county meets its burden of proof, then the county will retain control over your children until a dispositional hearing. However, at all stages of the juvenile dependency matter, an experienced juvenile law attorney will aggressively advocate that the children remain in your custody despite court involvement.
At the dispositional hearing, the county will present a case plan of services it believes the parent needs before the child can be returned. The dispositional hearing gives your juvenile law attorney another opportunity to argue for dismissal of the charges, for a more manageable case plan, custody of your children and/or for extended visitation periods.
Do not speak with a social worker or any law enforcement official without a lawyer. You have a right to have your attorney present.
What Should I Do When My Child Calls Me After Being Arrested?
A child who has been taken into police custody has the right to make two phone calls, one to a parent and one to a juvenile law attorney. When your child contacts you, have them call us. We also urge parents to contact us themselves, as soon as possible after your child calls you.
Can My Child Be Tried as an Adult?
For most allegations of juvenile delinquency, the child will proceed through the juvenile justice system, where the rights and procedures are different from those in adult criminal court. However, if your child is charged with a particularly serious crime, such as a sexual offense, burglary, robbery, gang-related offense, or crime where a weapon was used, then the district attorney's office may argue for your child to be tried in adult criminal court, with the possibility of more severe penalties.
In all cases when a child is taken into police custody, parents should engage the services of an experienced juvenile law attorney as soon as possible. This is especially important when the child is accused of an especially serious crime.
Do not speak with a social worker or any law enforcement official without a lawyer. You have a right to have your attorney present.
Contact The Law Offices of Johnson & Johnson
Since 1993, Johnson & Johnson has built a strong reputation as fierce advocates on behalf of parents and children caught up in the juvenile justice system. We take our roles as advocates as seriously as you take your role as parent.
Contact us today to schedule a free initial consultation.
