One of the most emotionally difficult areas of law to practice in and one which is of the utmost importance to any client is juvenile dependency. This situation involves the State of Alabama stepping into a home to take children away from their parents or guardians “for the good of the child.” It is unbelievably essential to have proper representation during these most serious of proceedings.

How a Juvenile Dependency Case Starts

Often these cases begin with a report to the Alabama Department of Human Resources by a neighbor or familiar person that there are serious problems in the household with the care and/or control of children that reside there. Children/juveniles are found to be “dependent” when the State of Alabama (through the authority of a Family Court Judge) finds that the children’s parents can no longer care for the children.

Proceedings of Juvenile Dependency

When a child is found to be dependent, they become a ward of the State and the State will seek to place them first and foremost with a family member or some other immediate relation. If this is not possible, children may very well end up in a foster home.

Termination of Parental Rights

An extreme measure used by the State to foster care of children is to terminate a parent’s rights when clear and convincing evidence shows that those parents are unwilling or unable to properly care for their children. The defense of these proceedings involves complex legal standards and mechanisms, and many parents will lose these types of battles without proper legal representation.

Regaining Parental Rights

After placement away from parents, it is possible after a time for parents to come back and petition the State to allow them to resume care of the children. This petition usually involves the parent or parents taking positive steps in the direction of their role as caregiver. For example, if the children were taken away because of the parent’s drug use, a parent may have to show that they have attended substance abuse counseling and have been drug free for a period of time. If the children were made wards of the state because of neglect or poor conditions in the home, the parent may have to show that the home situation is now clean and stable, or that they have taken some measures to become better parents.

It is imperative to retain a skilled attorney to protect or regain your most precious of rights: to take care of your children and to keep them with you.

Always remember that each and every case is different and sound legal advice can only be attained by speaking directly to a knowledgeable and experienced attorney!