Juvenile Dependency Court


Juvenile Dependency Court is VERY intimidating. Why wouldn’t it be? It is like meeting the ringleader of the kidnapping ring who has abducted your child and is holding them hostage. You don’t want to make any sudden moves, they have an armed guard protecting the kingpin. You don’t want to offend anyone, all you want to do is please and comply so they will give your child back. They place all these conditions on you under a false pretense of being “legal” but then when court is over and you are doing exactly what they said despite the obstacles, you begin to wish you just went to the FBI and let them take care of it. Each time you go to court the ransom holder lies about what you have and have not done and then you find out that the only person there who is supposed to be on you side – ISN’T. (Your “Attorney” works for them, its all a circus show to intimidate you).

Be sure to check out:



If you are in California and want to know what your rights are and what your attorney SHOULD BE DOING FOR YOU, be sure to look for the DOGBook (Juvenile Dependency Attorney’s Guide) it is in the column to the right.


The first thing you should know is that no matter what you think, no

matter what evidence YOU have, no matter what witnesses you have, no
matter how many family members show up in court to speak in support

At best, your children MAY be returned to you (it IS possible, I
have experienced it myself) but don’t expect it to be all over
with. No, you are just getting started.

At worst, your children will not be returned, will not be placed
with relatives and you will get minimal visitation which will be
supervised at the CPS office.

Either way, you will have to participate in “services” which may
include parenting classes, counseling, substance abuse assessment
and program, anger management, domestic violence prevention classes,
and often a psychological evaluation. If you have to attend a substance abuse
program that will include AA or NA meetings and random drug testing.
They consider drug testing a “service”. (They include this when they try to manipulate the rules and regulatory “Reasonable Efforts”). In every case, they want you to sign a “Case Plan”. YOU DO NOT HAVE TO SIGN THIS DOCUMENT
LEGALLY BIND YOU TO IT. If I was to do it all over again I wouldn’t
give them the satisfaction of signing it. Don’t let them bully you
into believing that you have to sign it unless they can show you a
legal statute or code of law that requires you to sign it to receive
services. Here is proof that in California you do not have to sign
the case plan:

No Signature Required for Case Plan
Social workers will put a lot of effort into intimidating you,
taking advantage of their leverage which is ruling over your life by
dangling your children like a carrot on a sting in front of a
rabbit. If you don’t comply or if you give them any lip, they will
pull that carrot far from your reach. Try not to let them do this to
you. Be polite but firm. Say everything with a smile. You could even
tell them to go to hell as long as you say it nicely and with a
smile, they will think you are just joking or something. Social
workers are fairly un-intelligent when it comes right down to it.
That goes for many things that they say, if they say something is a
“law” tell them you want to know what code or statute it is.

So why is it not possible that your case will be dismissed
without having to cooperate with their case plan? Because the
“Judge” never dismisses any case. Why? Because it is RIGGED. The
“Judge”, who is often times just a commissioner or temp judge, is a
hired hand. Hired by CPS to be a “hearing officer”. The county pays
his or her salary. The county provides bonuses and fringe benefits
meanwhile, if they are a a “real” Judge who is benched at your local
courthouse in such departments as criminal, family or civil court,
this Judge will continue to receive their regular bench salary as
they have only taken a leave of absence while they do a three year
term for CPS in, what they make believe is a real court, Juvenile
Dependency “Court”. Guess what? CPS rents that room in the
courthouse. They rent the bailiff too.

The hearing officer has taken a crash course in Juvenile Dependency
law and procedure. This course is available online, I have a link to
it on the side bar.

[I took the course and passed, can I be your next “hearing officer”

The purpose and goals of the hearing officer are these which are
first and foremost for every case. 






This sounds fine doesn’t it? If they operated under these guidelines
I don’t see how parents could get railroaded and children removed
willy nilly. Most government officials believe that the “Judges” are
strictly adherent to these guidelines because that is the baloney
they spew from their mouths at every opportunity. What a show they
put on, I always wonder if they have themselves fooled as well.
After being in that court, in front of 5 different hearing officers
over a period of 4 years, I can assure you that the only goal of the
“Judge” is to look out for him employer, the county department of
social services and child protective services. This “Judge” will
make all of CPS’s recommended “findings and orders”, granting their
employer everything they ask for and sometimes more. Rarely will a
hearing officer make any “rulings” in your favor if they are
directly in conflict with CPS. Once in a while they try to make it
look good so they will say something that CPS did or didn’t do
wasn’t fair but it won’t last, the hearing officer will act like
they never said it at the next hearing and it won’t be in the minute
order. This person favors county counsel evidenced by the fact that
the county is never overruled. In fact, I have watched as one
hearing officer actually gave the county advice on how to proceed in
their best interests.

Now your “lawyer” is not from the Public Defenders Office. In
Riverside County, California, they too are hired hands although, in
a round about way just for looks. This “Defense Panel” is a group of
individual subcontractors working for a law firm who is contracted
by the county (CPS).&nbsp; They are supposed to do a lot of things
for you but they don’t. They are overworked, underpaid and
underappreciated (in their mind because I certainly didn’t
appreciate the lack of effort and the lack of OBJECTIONS in which my
“attorney” represented me). If these “attorneys” diligently worked
for their “clients” than CPS wouldn’t be getting away with playing
God. I bet the Juvenile Dependency Quick Guide is full of dust
somewhere in their office, if they can even afford to have one.

Here is a copy of one of the county’s contracts for attorney
services for the parents and children:


Minor’s counsel is one of these attorneys. In Riverside County,
Minor’s counsel is also appointed as the child’s GAL (guardian ad
litem) which I believe is completely wrong. GAL’s are supposed to be
completely unbiased but if their paychecks come from the county, how
fair and unbiased could they be? 

Have you noticed how cocky the social workers are? They are always
so certain that nothing will happen to them for lying and falsifying
evidence and they are right, nothing happens to them even when you sue them afterwards! *** The county’s goal is to keep themselves
working and receiving as much funding as possible. They get off on
the power that they have over parents and children, feeding off all
the emotions and distress and making jokes about it. Seriously, I
know for a fact that they compare the evil things that they do while
in the office, literally competing for the most intimating, most
humiliating and most emotion-provoking statement they can make
without getting beaten up. Let’s face it, the county only cares
about the county. Here is Riverside’s stated goals:





Terminology that you should know:



Juvenile Dependency Court:   CPS court 


         For CPS= County counsel                                 For Child(ren): Minor’s counsel

         For Father/Mother= Juvenile Defense Panel

        Juvenile Defense Panel= Independent contractors who work for the law firm contracted by the County.  *These attorneys are not the same as a criminal “Public Defender” appointed by the actual court,they are paid by DPSS so don’t expect these people to actually look out for your best interests.

         Private Counsel= A lawyer a person hires for pay or pro bono on their own

 Adoption: When someone else gets to keep your child for good and you have no more say in their upbringing

 Admit: To say the allegations are true


 Alleged father:  In California, an “alleged father” is a man who is identified by the mother as the possible birth father of her child. An alleged father is not married to the birth mother and has not lived with the child and the birth mother after the child was born   Presumed father:  Presumed father refers to an individual whom the law presumes, until shown otherwise, to be the legal father of a child. A presumed father may not be the actual biological father of the child. A presumed father can be a married man who is married to the mother when the child was conceived or born; an individual who has legally agreed to be the father of his wife’s child or has acted and behaved as if the child was his own.

 Appeal:  Asking another court to review the decisions that the court made. Unless your lawyer MAKES OBJECTIONS ON THE RECORD IN COURT DURING A HEARING OR FLIES ANY MOTION OBJECTING TO ALLEGATIONS, REASONABLE EFFORTS, AND/OR DECISIONS THAT WERE MADE you will not win your appeal due to “No appealable issues”. You can try, by all means, file an appeal after every hearing if you feel the decision was based on false allegations and false evidence or even if you simply don’t like the hearing officer’s “orders”. Some parents have had success by legally bitching at every opportunity.

 ASFA: The Adoption and Safe Families Act (ASFA, Public Law 105-89) was signed into law by President Bill Clinton on November 19, 1997 after having been approved by the United States Congress earlier. Many problems had stemmed from an earlier bill, the Adoption Assistance and Child Welfare Act of 1980,[1] giving the states ample funding for programs for the parents, keeping more families together. ASFA amended Title IV-E of the Social Security Act regarding funding. .ASFA was enacted and disguised as  an attempt to correct problems that were inherent in the foster care system. That being that too many children were lingering in foster care. This Act promotes and awards counties to provide a “permanent home” for all children. There was some highlight regarding the adoption of children with special needs.only to distract the public from its real purpose, to separate families faster and to provide the states with special “adoption incentives”. During the past few years many budget cuts have left the counties money-starved therefore, cutbacks on program funding has inspired them to do whatever it takes for the adoption incentive funding which has not been cut, in fact, these budgets have increased.

 Baliff:        The cop in the courtroom.

 Best interests of the child: The magic phrase that gives CPS and their court cohorts free reign to do whatever they want as long as they SAY it is in the “best interests of the child”.

Rules of Ct. (California Rules of Court): Set of rules that all California courts must follow. The court cohorts will use these rules against you yet for the county is allowed to disregard them whenever they want.

 CAPTA:  Child Abuse Prevention and Treatment Act (Public Law 93-247) provides federal funding to States in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations for demonstration programs and projects

 CASA:  Sometimes the court does not appoint the child an attorney, instead they get a Court Appointed Special Advocate

 Case law: Significant cases from the past that challenged the laws and used to apply the laws in a particular manner

Case plan: The list of “services” that are to be provided to you and your family. Mostly, all of the hoops you have to jump through to get your children back and the case closed.

          You do not have to sign this document to receive services, signing it legally binds you to it

Clear and convincing:  A standard of proof and evidence that supports a finding of fact presented by a party during the trial must be highly and substantially more probable to be true than not. This standard is NOT used in Juvenile Dependency Court rather, the standard that is used is called a “preponderance” of evidence. See definition further down in this list.

 Courtroom Clerk:       The court employee hired by CPS and sits next to the hearing officer (“Judge”) and performs administrative tasks for the hearing officer. This clerk also records the hearing minutes.

 Clerk’s transcript: Case file (Parents & children have a right to their case file. The clerk will charge you per page. If you file an appeal (you can appeal any decision that the Judge makes) you can get your case file documents for free, including the Reporter’s Transcript.)

 Consent: Giving someone permission to do something in which they couldn’t do without your permission

 Continuance: Rescheduling the hearing to a future date

 Counting time:

         Calendar days:  Straight days (including weekends and holidays)

         Court days:  Days that the court is open and conducting business as usual (Mon.-Fri. excluding holidays)

         Judicial days: Same as court days


 Court-ordered services:  The programs you must participate in to possibly get your child back

 Courthouse  clerk:  The section in the courthouse where there are windows to file documents, pay fines, get copies of your case file

 Date the child entered foster care: The date the court sustainted the petition (declared the child a dependent of the court) or 60 days after the initial removal

 Dependency vs. Delinquency:Dependency is when they take, or want to take, your child from you, delinquency is when your child gets in trouble (minor’s criminal court)

 Dependency: When the Judge rules that your child’s legal guardian is the state

 Detention:The removal of your child from your custody

 Detention hearing:the 1st hearing after they remove your child [MUST BE WITHIN 48 HOURS OF REMOVAL]

Disposition: The decision the court makes as to whether or not the court declares your child(ren) a “ward” of the court (dependency)

 Due diligence: A reasonable amount of effort to do something

Ex-parte: An ex parte judicial proceeding is conducted for the benefit of only one party and done on an emergency basis. Ex parte may also describe contact with a person represented by an attorney, outside the presence of the attorney

Findings & Orders: The determinations the Judge makes on the record. The Clerk is supposed to prepare a document called “Findings and Orders after Hearing” and serve it by mail to all parties (in Riverside County they do not do this and that makes the order null and void however, this is completely ignored and everyone thinks its legal)

 Guardian ad litem: Person appointed by a court to represent the interests of an incapacitated, mentally handicapped, or minor person in a court case

 ICWA-The Indian Child Welfare Act (ICWA) is a federal law that seeks to keep American Indian children with American Indian families. Congress passed ICWA in 1978

 Intitial Removal: The date the child(ren) was taken into custody by the social worker or police officer

 In Re: The name of the child(ren) is the name of the case meaning  ‘In regards to”

 Jurisdiction: The court’s control over you and your family

 Minute Order:A summary of what happened in court

 No-contest: Neither admit or deny the allegations and that regardless of the truth of them, you are willing to participate in the case plan

 Notice:  Informing the parties of a hearing date or motion filed.  Proper Notice:  Actually informing someone and having proof of doing so (Proof of Service is the document that is filed with the court swearing under oath that notice was properly given)

Overrulled: When someone says, “objection” during a court hearing and the Judge says, “Too bad, deal with it.”

Sustained: When someone says, “objection” during a court hearing and the Judge says, “Ok, you’re right.” And whatever was objected to is not supposed to be relevant or taken into consideration for the Court’s decision. The appellate court must disregard whatever was objected to as well unless the decision to sustain the objection was illegal.

 Parentage: Establishing formal paternity, most often the child(ren)’s father

 The  parties: Parents, children and caregivers from whom the child was removed,

“The Department”: CPS (Department of Social Services, DCFS, DPSS, etc.)

 Perjury: A statement a person makes that they know to be false and given after taking an oath to tell the truth

 Permanency: The goal to terminate dependency after they permanently place your child in a home

 Petition: A form document that is filed with a court requesting that the court make a legal determination

 Petitioner: The party who files the intial claim, document or complaint. In Juvenile Dependency it is The Department of Social Services

 Preponderance: A finding of fact based upon minimal evidence that is more likely than not to be true

 Prima facie:  Evidence relied upon at “first sight” without rebuttal or oppositional argument (Looks like a duck so it’s a duck)

 Reporter:   Transcriptionist who types up everything spoken on the record

Reporter’s Transcript:  A typed version of everything that was spoken on the record in court during the hearing (word for word).           You can request this from the reporter directly. You can ask a lawyer after the hearing to speak to the Reporter or you may be able to find out how to order copies of hearing transcripts on the court’s website.

 Respondent: The person who the claim, petition or complaint is filed against. In Juvenile Dependency, it is the parents or other original caregiver

 Reasonable Efforts: CPS is supposed to offer their help to families prior to removing children such as: counseling, parenting classes, home visiting, substance abuse programs, informal supervision. [THIS IS A VERY IMPORTANT PHRASE, LISTEN FOR IT AND OBJECT TO THE SOCIAL WORKER’S REASONABLE EFFORTS]

 Reunification: The return of your child(ren) when they are finished receiving all of the ransom money from the government. Due to budget cuts and the County’s need for the adoption incentive funds, this is just a cover word, to give the impression that they are abiding by federal regulations and state statutes. Like when you have to sign any kind of contract or install software or apps onto your computer and clicking “I have read the terms and conditions of using this software and i agree to the entire thing”  but not really reading any of it. You just say that you did and swearing that you did.

 Services: The programs they make you do such as counseling, parenting, substance abuse programs, drug testing, etc.

 Termination of Services: When DPSS no longer pays for your “services” and move forward to adopt out your child

 Termination of Parental Rights: Removing all your legal rights to your child

 Title IV-E: Money CPS gets from the federal Social Security Administration (tax $)

Welfare & Institutions Code: Laws made by the state in regards to public assistance programs (social services, mental health facilities & jails)





*** It took Deanna Fogarty-Hardwick 6 ½years to regain custody of her children.

The jury award given to Fogarty-Hardwick included damages against the two social workers. The Supreme Court also upheld $1.6 million in attorneys fees for Fogarty-Hardwick’s attorneys, but that could end being as much as $3 million, Fogarty-Hardwick’s attorney Shawn McMillan said.

The county and the two social workers will also be responsible for paying interest which has accrued on the $4.9 million jury award over the last four years, bringing the grand total close to $9.3 million, McMillan said.

18 thoughts on “Juvenile Dependency Court

  1. I simply want to tell you that I’m beginner to weblog and seriously enjoyed this page. Almost certainly I’m going to bookmark your site . You surely have exceptional articles. Thank you for sharing with us your website page.


  2. I have a serious wobbler case and I need information on best way to file an appeal with criminal actions co conspiracy from one county to another and at the end major civil rights violation to a single mom dusabled combat vet please email only I have difficulty with phone and voice delay


    • When filing an appeal in California, all we do is file a Judicial Counsel form and the Appellate Court attorney does the rest. What you need is “appealable issues” on the record. Basically, objections on the record to lies, perjury, falsified evidence yet the Court did not consider or rule properly on the issue. Here, all the appellate attorney can use in his argument is what is already in the case and on the record. No new evidence can be presented to the appeals court.


  3. This is definitely a ringling brothers barnum bailey enterprises circus and things have got to change , did they really think im that stupid. They picked the right one , this is pitiful their is a better way and the funds can and will be plentyful if we have to atf print more pfgateboxboardmoneyimkiddingimaginee


    • THAT IS A CONFLICT OF INTEREST. Unfortunately, the CPS judge is pretty much the only judge for CPS so asking for a new venue is difficult unless you live in a large county in a large city that has more than one CPS court in its jurisdiction. Otherwise, write to the State’s Attorney and see what they suggest.


  4. A three ring circus is exactly what it is..I had no choice but to call the police on my child’s mother during her 5 month pregnancy cuz she was intoxicated by doing this I had to sacrifice 2 1/2 years of not seeing my child born…the mother vanished after being bailed fm jail, I immediately called the police dept. Which refered me to cps, I was asked what is the childs name I replied I don’t know but was able to provide the mothers name and address several months after she gave birth cps obtained custody of my child, cps never notified me or my brother who’s name phone number and address also is on the police report I’ve been searching for my child over 2 years while cps new of my existence all along based on the police report they had, they new the mother did not want me to get are child she even put her other children’s dad’s last name on my child’s birth cirtificate…I was just informed April 24, 2015 that my daughter is in foster care I immediately drove and spoke to the court placement officer she asked me two questions where you 43 at the time of the incident and are you the same Victor rodriguez that called the police on the mother and she was charged with child endangerment, I replied yes I am..placement officer said she would have the assigned worker call you first thing Monday morning, I had to call her first…she said I would have to pay for my own dna test, I paid dna diagnostics and swab tested May 13, 2015 however the assigned worker refused to make my child available for testing…even up to this point cps is still obligated to be still identifying father….


  5. Hello my name Frankie.me and my wife lost our kids in August 2015 and just got done with trial and we lost because CPS falsified evidence against us.we waiting on psychocical exams to prove we need services because we had a case in Florida over 2 years ago and got our daughter back after fighting for almost 2 1/2 years.now the courts are using that case against us now to keep our kids for the last 4 months.please help us with any info to do an appeal for this.


  6. Right now my son and girlfriend have a open cps case ok first of all the mother was out on the streets doing her thing .and my son was in prison so three years ago the maternal grandmother drop my three grandkids with me she never went back for them and now after 3 years they go to court to take them from me so judge gives them to her 4 months later they give them back to me cause she didnt comply with doctors eye exams etc.so i get them back and complied with everything she was suppose to do .after that cps knocks on my door that someone reported me useing drugs she sends me to ua 2 weeks after she tells me i was possetive so she send me for more uas and they come back negative she said only the first one was possetive so for the first ua she takes my grandkids they were with cps for two months and were moved in back with maternal mother and on this 12-31-2015 they were removed from maternal grandmother cause childrens mother was found in the home alone with her children so they removed the children again and are in cps care right now on january 15 2016 we went to court the judge didnt even know why the children were removed from my home the cps worker was fired for leaveing gaps in the case so the judge said that they were going to look more in to seeing if i could get them back so the new cps worker send me to get a hair folicle and a ua i know i was failing the hair folicle cause this whole time without seeing my grankids i was under so much depression which i know its not an excuse and it wasent going to solve anything cause they made me think that not even an attorney would help me one day i said to my self wait a minute this is not going to solve my problem or help me or my grandchildren so i said its time for me to stop before i cant really stop so a month before they were removed from maternal grand mother i wasent doing anything anymore i was trying to be clean so when they were removed from her home i was already getting cleand up thats why i knew i would fail the hairfolicle but the ua was suppose to come back negative cps worker wouldnt call me for my results it passed two weeks i know the hair folicle takes about a week for results the ua is sooner so i call cps worker but no answer later on 2 days later he text me asking for socials for all adults over 18 in the home so i figured i pass the test and that the children were going to come back to me isnt that what it means when they want to run background checks on all adults in the home ok so 2 days later he calls me and tells me i failed both hair folicle and ua i knew i wasent passing the hair folicle but the ua i was shocked to hear i failed it also so he tells me again i cant get my grand kids back so i want to know what i can do about this even the children when they let us see them at peter piper pizza cause it was my oldest grandaughter b day they told them that the mother was going to visit them 2 more times then they might come back home and now he tells me i cant i was wondering if i should wait for the other court on april 28 and ask the judge if i could have another hair folicle done but i dont know if i can do that i need my grandkids out of that place called group home i need help asap or if you can tell me what to do im desperate please im afraid cause they told me that not even if i pay for an attorney would help me .i live in phoenix az i hope some one can help me in proveing them wrong or to tell me what i can do before next court in april all i want is to get them back thank you so much …..


  7. most of you might judge me for what i did but am lost i need help in Nov 29 2013 i had an open case with cps my daughter was left in my care. the case happen cause i had attempted suicide i was goin to a miscarriage i lost my job and no family or support i would get a ssw visit every month while still goin to classes they told m and therapy i was dojn really good my ssw was always encouraging me until her supervisor said i needed to go to a pshyctrist i went he gave me medication for depression on jan 31 2014 on feb 7 2014 i woke up feelin horrible i dont have family pther then my daughter or any support and my mistake was callin my ssw tellin her how i felt to please help i felt i was hurtin my daughter emotionally for seein m in bed cryin nt wantin to do anythin i was taken with my child to orangewood were we saw anther wrker and that ssw decided to remove my child i kept goin to court doin my classes everythin they were askin to get her back my sister which lives in colorado came to get my daughter and move the case to colorado but a new ssw that i got said that it was not allowed i do know i had alot of mustakes i trusted ssw i told him how i felt the things that go thru my mind which am sure it goes to everyones minds “i told him i wish i could get my daughter an run away far away but i understand thats not rite i will not only hurt my child but i will also hurt myself and my case cause i will be caught she will be taken away and i will be in jail not seein her” at the point ssw moved my supervised visits cut my hrs from 6 a wk let m tell u this is already mid 2015 which i never got extra hrs or unsupervised visits but he cut them and moved them to a center stating that i was a threat to my child yes my mistake was trust him and sayin sumthun that cross thru my mind which no way in hell i would do knwing how much i would loose in dec 2015 judge terminated my rights jan 27 2016 was my gudbye visit i put an appeal ever since jan 27 i had a contract made with foster parents that allows me 1s a month text or call or even ask for a vist since then their response is always my child which is goin to b 6 in sept doesnt want to talk to me or see me i call my so called appeal lawyer she nevers answers my emails calls and in the main office i get same answer talk to ur lawyer theres nothing new jn the case still waiting for a response from court if my appeal will be approve am goin crazy i need real help idk wat to do where to go i have a steady job i been doin great i regret trustin the system i feel like ssw never did anythin to help m like my first ssw please help me what can i do where can i go i need to get my child back i loose faith everyday of ever seein her and theres days i just want to end everythin give up cause shes all i have i cant have anymore kids shes my miracle baby before her i had 2 miscarriages i beg the foster parents to at least let m c her from far away it hurts m to c her in pix they post on fb and is only from her back cause they dnt even send m a pix i knw shes happy shes well care only foster child the foster mom cant have kids of her own they love her but am her mother 😭😭😭😭 i cant keep going without seein her


  8. That took my beautiful angel baby like sinister villains cps is the devil evil sick lying souless heartless reminds every last one


  9. I have recently been involved in an Oregon dependency case in which they kidnapped my child of 4 yrs .Local police had him detained for 6hrs before dhs/cps came from another county to pick him up . They then took him to emergency room and urine tested him , which was negative .then placed him in community foster care, six days later the worker took him for hair follicle testing which was positive . They then had him interviewed by an ex cop , and what knows what else . I have made every visit but one due to car trouble . It has been two months now that he was kidnapped by the state and six months from the time they illegaly came out to the house in which assessment was unfounded and opened in error. I am still fighting though and will not give up . THESE PEOPLE MUST BE STOPPED THEY ARE A FEDERALY FUNDED BABY SELLING BUISNESS. I have 30 plus years jurisprudence and nearly every statement and move they make violates not only the childs rights but tights of the parents as well.


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