Skip to main content
In Child Welfare, Family Law Blog

Frequently Asked Questions About Juvenile Dependency

What is Juvenile Dependency Court?

 

Juvenile Dependency Court was formed to address five important goals:

  • To ensure all children have a safe home 
  • To assist to preserve the family unit whenever possible by providing services which enhance and improve the physical and emotional wellbeing of children, while identifying and addressing potential issues which could lead to an unsafe environment
  • If a child cannot be in his or her home of origin, to place children first in a safe home with relatives or friend, and if not, a safe approved foster home
  • When a child cannot be returned to his or her parent because it would not be safe to return the child, to identify a permanent home for each child, or if a permanent home cannot be identified, a safe long term foster placement
  • To do items 1-4 in a way which keeps all records confidential to protect the privacy of children, their families, and others who assist in meeting items 1-4 on this list

When Can The Government Remove My Child From My Home?

 

The State of California allows for removal of children from their homes when there is actual or immediate danger to the child, and no reasonable services could be put in place to ensure the safety of the child.  The first step the County of San Diego, Juvenile Dependency Until (also know as Department of Children and Family Services, DCSF, Child Protective Services, CPS, or Child Welfare Services, CWS) is to file a petition with the Juvenile Court alleging that the child fall under Welfare and Institutions (WIC) Code Section 300.  

The filing of a petition under WIC 300 triggers the court to set Detention Hearing in Juvenile Court. This hearing MUST be set within five (5) business days from the child’s removal. 

 As such, you must act fast to secure qualified representation.  At the hearing, the court will determine whether the allegations in the petition meet the legal standard set in WIC 300 and if the allegations are true.  The Court will also determine if reasonable services can be provided to the home which would allow the child to remain in the home.  Thus, even if your child was removed before the detention hearing, there is a chance (albeit in experience, a small chance) that your child may be returned to your home after the hearing.

The government can remove your child from your home and place the child outside the family and into protective custody,  when the safety of the child cannot be assured in the home.  Many times, parents feel the child is safe in their home, but CWS feels differently.  When this occurs, the issues is set for a bench trial in front of a Juvenile Court Judge.  

In this hearing the County will have an attorney present, known as a Deputy County Counsel, the child will be appointed an attorney from Children’s Legal Services of San Diego (a non-profit agency with a government contract), and parents can appointed an attorney from Dependency Legal Services of San Diego (a non-profit agency with a government contract), OR you can hire a private firm, such a Minella Law Group.  At MLG, our caseloads are small and manageable. 

At the government contracted non-profits, attorney often have 150 cases OR MORE!  To most parents, their children are their #1 priority, and they want an attorney who is easily accessible to them who has the time and ability to go the extra mile.

Times are hard right now and many families struggle with finances, job security, reliable transportation, anxiety, and so many other issues.  CWS cases are almost always an extremely traumatic experience for everyone involved.  Many people are fearful and distrustful of CWS.  Parents are put in an adversarial position to defend against the government’s allegations of abuse and/or neglect. This adds more stress and anxiety to an already painful ordeal. 

This is when it is absolutely imperative that you have a seasoned child welfare attorney with strong trial experience on your side.  Hiring Minella Law Group gives you a fighting chance.  MLG’s Julie O. Wolff is not only a seasoned trial attorney who has been practicing Juvenile Dependency for over ten (10) years, she is a Child Welfare Legal Specialist, a designation through the California Bar Association, National Association of Counsel for Children, and the American Bar Association. 

 

Common reasons for juvenile dependency cases include:

  • Physical, emotional, or sexual abuse.   
  • Neglect, such as failure to provide basic necessities like food, shelter, or medical care.
  • Abandonment.   
  • Parental substance abuse or other issues that impair their ability to care for the child.

••••••

MLG also has several other attorneys with notable experience in Juvenile Court.  At MLG you will have a TEAM of attorneys with Juvenile Court experience on your side. For more information or to schedule an appointment or call us at (619) 289-7948. We look forward to helping you.

In Child Support, Family Law Blog

Is it Time to Modify Your Child Support? When Circumstances Change After Your San Diego Divorce

image to represent a question being asked

Did you know based on recent data that the cost of raising a child in California has rose significantly over the past 10 years

  • Information gathered from sources like SmartAsset, California is among the most expensive states to raise a child.
  • Specifically, those sources indicate that the annual cost of raising a child in California is roughly around $29,468.
    • Thats more than $500,000 over the course of 18 years   
  • This number includes expenses like:
    • Childcare
    • Housing
    • Food
    • Healthcare
    • Education
    • Transportation.

Raising children is expensive and always a challenge even in the best of circumstances, but for divorced parents, child support can create additional concerns.

For example, what happens when a parent’s income grows, or if a parent loses a job?  Continue Reading

In Estate Planning

Understanding Probate: A Comprehensive Guide

image of a house next to legal documents to represent estate planning

Navigating the Waters of Probate: A Guide to Understanding the Process

When someone close to us passes away, dealing with their estate might feel like an overwhelming task. Probate, a term that often surfaces during such times, is a process many find intimidating, yet it’s an essential part of handling a loved one’s affairs. While it might not be the most riveting topic, understanding probate can make the task a lot smoother.

What Exactly is Probate?

Probate is the legal process that takes place after someone dies, ensuring that their assets are distributed according to their will, or according to state laws if no will exists. This process covers various tasks such as validating the deceased’s will, appointing an executor, settling debts, and distributing the remaining assets to beneficiaries.

The Steps in the Probate Process

Though the complexity of probate can vary depending on the state and size of the estate, here is a general overview of what to expect:

  1. Filing the Will: The process typically kicks off with filing the deceased’s will with the local probate court. If there’s no will, the court appoints an administrator.
  2. Validating the Will: The court authenticates the will. This might involve a hearing where interested parties can contest its validity.
  3. Appointing an Executor: If not done already, the court appoints an executor—often named in the will or otherwise chosen by the court. This person is responsible for managing the estate’s affairs.
  4. Inventory and Appraisal: The executor must inventory the deceased’s assets, which might involve assessing property, bank accounts, and personal belongings.
  5. Settling Debts and Taxes: Any outstanding debts and taxes must be paid from the estate before distribution to beneficiaries.
  6. Distributing the Estate: Once debts and taxes are settled, the remaining assets are distributed according to the will or state law.

Why Is Probate Necessary?

Probate ensures that an estate is settled fairly and legally. It provides a transparent framework for asset distribution and debt settlement, offering protection for beneficiaries against potential disputes. While the process might appear cumbersome, it serves as a structured approach to handling what can be an emotionally charged task.

Probate Myths Debunked

One common misconception is that probate always involves lengthy and costly court proceedings. In reality, the duration and expense can vary significantly based on factors like the estate’s complexity and the presence of a will. Some states offer simplified procedures for smaller estates, which can expedite the process.

Another myth is that probate can be entirely avoided. While some assets, like those held in a trust or jointly owned properties, can bypass probate, many other assets still require it.

Is Avoiding Probate Beneficial?

While bypassing probate can save time and legal fees, it’s not always necessary. Planning with an estate lawyer can help determine if probate avoidance strategies align with one’s goals. Trusts, joint ownership, and beneficiary designations are tools that can minimize probate’s impact.

Probate might not top your reading list, but having a basic understanding of the process can ease the burden during an emotionally challenging time. By demystifying probate, you equip yourself with the knowledge to navigate these waters with more confidence. Whether you’re planning your own estate or managing a loved one’s, understanding probate makes the journey a little less daunting.

 

••Minella Law Group Can Help••

For expert guidance through the probate process, consider hiring Minella Law Group. Their experienced team can help navigate the complexities of probate law, ensuring that your loved one’s estate is handled efficiently and in accordance with legal requirements. With their support, you can focus on what matters most during this challenging time, knowing that your probate matters are in capable hands.

For more information or to schedule a consultation, call us at 619-289-7948. The team at Minella Law looks forward to helping you.

In Domestic Violence Restraining Orders

When Does Domestic Violence Requires a Criminal Lawyer?

POA

Accusations of domestic violence are a serious charge that can result in criminal penalties. In fact, in California, serious domestic violence incidents are charged as felonies. If you are convicted of felony abuse, you can spend up to four years in prison. The punishment may be even longer if you’ve been convicted of the same offense within the past seven years. In these cases, probation is unlikely, even without a previous record, and it is recommended you hire a criminal attorney.

Felony Convictions

Felony charges are pursued when the victim’s injuries are severe, such as broken bones, injuries that need sutures, or trauma so serious it causes permanent brain or body damage.

Assault with a Deadly Weapon

Among the more serious of domestic violence charges in California is assault with a deadly weapon. In rendering a sentence, the court will look at the type of weapon used, whether the victim was injured, and the seriousness of the injury. If found guilty of a felony, this conviction is considered a “strike” under California’s Three Strikes law. If convicted, you face the following penalties:

  • Two to four years in California state prison.
  • Fines of up to $10,000.
  • Victim restitution costs.
  • Confiscation of your weapon.

Criminal Threats

Another charge that requires the services of a criminal lawyer is violation of California Penal Code 422 PC: threatening to commit a crime which will result in death or great bodily injury to another person. You do not have to intend to commit the acts threatened – just making them is considered a felony. Criminal threats can be made against anyone, but if they’re made against a family member, they are regarded as crimes of domestic violence.

To obtain a criminal threats conviction against you, each of these facts must be proved beyond a reasonable doubt:

  • You willfully threatened to kill or cause great bodily injury to another.
  • You orally, in writing, or by electronic means communicated that threat.
  • You intended the statement to be understood as a threat.
  • The threat communicated a serious intention and the immediate prospect it would be carried out.
  • The threat caused the other person to be in fear for their own safety or the safety of another family member.
  • The person you threatened had a reasonable fear of your threat.

Obviously, since all these facts must be proved, criminal threat convictions are not easy to obtain, but you will require competent representation if you are accused.

••Minella Law Group Can Help••

If you’ve been accused of committing felony domestic violence, you are best served by consulting with a California family law attorney experienced in such charges. In many cases, it is possible to avoid conviction and the serious consequences that come with such a charge. Reach out to us for your complimentary consultation today at 619.289.7948

Close Menu