A Dependency and Neglect Case For My Child Has Been Filed. What Does That Mean?

Allegations of child abuse or neglect are terrifying. It is important to keep children safe from abusive individuals. However, I have also seen child abuse allegations come from disgruntled family members or an ex-spouse, as a way to try to gain a custody advantage.

If a dependency and neglect case has been filed with the court, you are entitled to an attorney. If you qualify, you can have an attorney appointed to represent you for no charge. Dependency and neglect proceedings are highly specialized, and are designed to solve the problems that led to the concern so that the child can safely return home.

If your child has been removed from the home, your first court appearance will be a Temporary Custody Hearing, which happens within 48 to 72 hours of the removal. At this hearing, you will have a chance to contest the child’s placement. The Court will also appoint a Guardian ad Litem for your child, who is an attorney appointed to represent your child’s best interests. You will also meet the Caseworker assigned to your case. If your child has not been removed, your first hearing will be an Advisement Hearing.

Within 60 to 90 days of the Petition being filed, you will have an Adjudication Hearing to determine whether your child meets the criteria under Colorado law to be considered “dependent and neglected.” You can reach an agreement with the Department, or you can request that a judge or jury trial be set.

If it is determined that your child is “dependent or neglected” under Colorado law, you will next appear for a Dispositional Hearing. At this hearing, the Department will propose a Treatment Plan that must be met to ensure your child’s ongoing safety. You have a right to have input into the Treatment Plan’s requirements, so you should review this carefully and speak to your attorney about what each provision means before you agree. Standard requirements include counseling, mental health evaluations (if there are mental health concerns), substance abuse evaluations (if drug or alcohol are concerns), and monitored sobriety.

Once the Court approves the Treatment Plan, you will have Review Hearings every 30 to 90 days. The Court will check in on how the parents’ treatment is going, determine whether the child’s placement is appropriate, and deal with any issues that arise during the case.

The final hearing is a Permanency Hearing. Each Treatment Plan has a target date for completion, usually one year from the date the Treatment Plan is signed by the judge. If a parent does not comply with his/her Treatment Plan, the County can request termination of parental rights. The Court can also make orders regarding custody of the child or grant custody to a family member.

Dependency and neglect cases should be treated seriously, but the good news is that they can resolve successfully. If you have questions about your case, I’m here for you.