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3. A child who has been abandoned by his/her parent, guardian
or legal custodian; or
4. A child who is without a parent, guardian or legal custodian;
or
5. A child who is habitually and without justification truant
from compulsory school attendance; or
6. A child who has committed a specific act or acts of habitual
disobedience of the reasonable and the
lawful commands of his parent, guardian, or other custodian
and who is ungovernable and found to be in need of care, treatment
or supervision; or
7. A child who is under the age of ten (10) years and has committed
a delinquent act.
In Erie County, the agency responsible for working with dependent
children is the Office of Children and Youth and, under the Juvenile
Act, is required to prove dependency by clear and convincing
evidence. The law also provides that all parties are entitled
to an attorney, which includes the parents and all children.
In the event a party needs an attorney and is unable to pay for
one, the Court will provide an attorney upon proper request.
For more information on obtaining an attorney for a dependent
child proceeding, contact the Public Defender's Office at 451-6510.
In an emergency situation, where a child is in immediate danger,
a detention order can be obtained. However, within seventy-two
(72) hours after the detention, a hearing must be held to determine
whether or not the child is to remain in placement. At this hearing,
it must be established that there would be a clear and present
danger to the child should he or she return to their natural
home.
Within ten days after the initial detention hearing, a hearing
is held before a Juvenile Court Master in the County Court House
to then determine whether or not the child is to be judged dependent
as defined by the Juvenile Act. It is at this time that all of
the evidence is submitted to assist in determining whether or
not the child falls into one of the aforementioned categories.
All witnesses for all parties can then be heard. The Master hears
all the testimony and makes a report with recommendations to
the Juvenile Court Judge who is the final person to make the
determination as to the sufficiency of evidence.
It should also be noted that the parties have the right to
this hearing before the Judge rather than the Master and a
written waiver is signed by all parties prior to the Master
hearing. Twenty days after the child is determined to be dependent,
a hearing called a dispositional hearing is held before the
Juvenile Court Judge to determine the treatment plan for the
child and his or her family. The Juvenile Act provides that
the care and protection of a child is to be achieved in a family
environment whenever possible and the separation of a child
from parents should only be when it is necessary for the child's
welfare or in the interest of public safety.
The Office of Children and Youth presents a treatment plan outlining
all the various avenues available and all of the professional
advise received. At the dispositional hearing all parties are
given an opportunity to present whatever evidence they feel would
be in the best interest of the child. After the hearing, the
Juvenile Court Judge issues an order directing the placement
of the child and any special treatment the child and family are
to receive.
The law further requires that in most cases permanency hearings
will be held at least every six months after the initial dispositional
hearing. These hearings are held for the benefit of the children
who are in placement outside their homes and to prevent the children
from remaining in "limbo" or in "drift".
The purpose is to reunite children with their family whenever
possible with the ultimate goal of having a
permanent plan achieved so that children do not remain in an
uncertain status during their childhood.
Again, all parties are entitled to be present and can offer
any testimony or information they feel necessary. These proceedings
concerning juveniles are confidential and may result in permanent
orders a) returning the child home, (b) placing the child for
adoption or in a custodial arrangement with a relative or c)
a long-term placement with a goal of independent living.
Any party who disagrees with the Court decision has the normal
course of appeal to the Appellate Court if they disagree with
the determination of facts or the application of law to the facts.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
