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This is a complicated non-criminal proceeding. A DEPENDENCY
AND NEGLECT PROCEEDING is initiated by the Department for
Children, Youth and their Families (DCYF) on a belief that a child
is not being properly cared for at home. The hearing is held to
determine whether the child should be taken out of his or her
home and made a ward of the State. Parents charged with dependency,
abuse or neglect are entitled to be represented by counsel and,
if they are indigent, the Public Defender will represent them.
If two parents are charged, the Public Defender will represent
only one; if the other is indigent as well, the Court may appoint
a private attorney at the expense of the State.
Parents are entitled to a full hearing, with witnesses and evidence,
and are allowed to testify. Because these proceedings are not
criminal, parents may usually he required to testify even if they
do not want to. The Court will determine whether the child remains
in the home while waiting for this hearing, or whether the child
is placed in foster care or another placement alternative.
If a child is found to be dependent and is made a ward of the
State, DCYF is required to develop a case plan and work with the
parents in order to try to reunite the family and return the child
home. While the child is out of the home, DCYF will arrange whatever
visitation with the child is permitted by the Court.
Sometimes, if DCYF thinks the parents can never provide proper
care, or believes the parents have not complied with the case
plan, it will seek to TERMINATE
PARENTAL RIGHTS. If the judge terminates the parental rights,
the child is permanently removed from his or her parents and is
freed for adoption. A proceeding such as this is very important
to both the child and the parents. The parents are entitled to
have a lawyer represent them and the child is entitled to a GUARDIAN
AD LITEM (a neutral adult) to represent him or her at the
hearing.
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