Dependency Court is a juvenile court that specializes in cases where there is an allegation of child abuse, neglect or abandonment, sometimes requiring the removal of the children from the custodial parents.
This is done through a shelter hearing, which is a proceeding held within 24 hours of the removal of the children, when evidence is presented to a judge by the state Department of Children and Families regarding the allegations. The court then decides whether to remove the children from the home. When the court feels the situation is not serious enough to warrant removal of the children, but does cause sufficient concern to require the court's protection, oversight and review, a petition for adjudication of dependency may be filed to get the parents before the court and to essentially declare the child a dependent of the court.
It should be remembered that the purpose of initiating a dependency action is to protect the children, not to punish the parents. The best interests of children are always the overriding factor considered by the court.
If the children are removed from the home, the court must consider relatives as the first placement alternative. If placement with a relative is not possible, the children are usually placed in a foster home.
In many dependency cases, it is in the best interest of the children for parental rights to be terminated, usually due to egregious abuse, which is defined as conduct of a parent that is deplorable, flagrant or outrageous by a normal standard of conduct. Termination of parental rights may occur on written surrender by the parent, continued lack of compliance with the case plan or egregious abuse.
Developing a plan
A case plan in each dependency case is generally developed, establishing which tasks everyone involved is to perform, and must be formally accepted by the court. Judicial reviews are held on a regular basis, at least every six months, to ensure the children remain safe and well cared for, and that all parties are complying with the case plan and progressing toward the long-term goal, which generally is reunification with the parents if possible.
At these judicial review hearings, the court reviews the file and often hears widely disparate testimony presented by representatives of the Department of Children and Families, Kids Central Inc. (the agency that has contracted with the state to oversee the protection of abused and abandoned children in our area), the office of the guardian ad litem (if appointed), parents (and their attorneys) and caretakers of the children. All of these persons may have valuable information about the physical, emotional, educational and social development of the children, which may help the court understand the children's needs and problems.
A permanency hearing must be held within 12 months of the date the children entered out-of-home care, at which time the court must decide if the children can safely be returned home, or if efforts to reunify the children with their birth family should end. Sometimes the court may decide to continue trying to reunify the family if it appears a real effort is being made and there is some hope that reunification may occur.
If reunification appears impossible, another plan will be selected, which could be adoption, long-term placement with a relative or some other permanent living arrangement. It is important at this point to reach a decision that provides the most permanent home possible for the children to provide stability in their daily lives.
When to "butt in'
Many persons believe these agencies should all "butt out" and leave the raising of children to the parents without interference. Unfortunately, we have had too many examples of situations where the Department of Children and Families has removed and sheltered children to protect their health, safety and well-being. It's frightening to think what would have happened to these children had the department not stepped in when it did.
Some dependency cases are opened because of serious abuse, causing severe injuries to the children. Other cases involve abandonment, neglect or failure to keep the children properly fed and clothed. Some cases arise out of simple ignorance - the parents simply didn't know better, or realized they were having problems and didn't know where to turn for help.
The agencies involved in dependency actions are not in existence to try to destroy families. On the contrary, they try to preserve and rebuild families where possible. But it takes the cooperation of everyone involved, and the paramount concern of everyone in the judicial system and these agencies that appear in court each week for these cases is the best interest of the children.
These cases nearly always are difficult and heart-wrenching.
Resolution of the issues involved are not always so much a conflict of legal issues, but may include ethical and moral issues. The best interest of the child may conflict with claims of parental rights, or perceived parental rights, and frequently there is disagreement over who should prevail.
Of course, a parent has a right to discipline a child. But does the parent have a right to spank a child? To strike a child with a ruler or stick? To withhold food as punishment? And when does a parent cross the line from discipline to abuse? These are all areas where common sense should prevail, but unfortunately it frequently doesn't. That's when the Department of Children and Families and the courts generally get involved, and start making decisions that may not always be popular, but which are for the safety and well-being of the children.
Also, does the best interests of the children mean weighing everything that affects the children, or should certain considerations be disregarded? Should the courts take into account that one party seeking custody has substantially more income, can give the children better schooling, better medical care or a less dangerous, more affluent environment? Should issues of homosexuality, religion, race, ancestry or ethnicity be given consideration? Or does the "best interests of the child" simply mean the ability to nurture and care apart from these other considerations?
Stability is key
Developmental psychology research indicates that children need stability and security, and are harmed when they lose a close relationship with the adults who provide their nurture and care. Children who come from an unstable, abusive or neglectful home life frequently have problems as adults with close relationships and parenting, creating a second-generation dysfunctional person.
As a society, we must address this issue by recognizing that the most important aspect of helping a child become a whole person as an adult is by giving the young children an opportunity to develop well physically, mentally and emotionally, and moving swiftly when the situation warrants, to provide a placement plan that will offer the children a stable, long-term living situation.
Dependency Court is the venue for providing protection for those who can't protect themselves from abuse or neglect, whether it is physical, mental or emotional. It's not an easy job. It sometimes requires difficult decisions, and not all parties may agree with those decisions.
But once all factors are taken into consideration, the predominant concern is: What is in the best interest of the children? That's what determines the decision of the court.
Gerrie Bishop is general magistrate of the Hernando County Circuit Court in Brooksville. Guest columnists write their own views on subjects they choose, which do not necessarily reflect the opinions of this newspaper.
