Private dependency cases are initiated by relatives, caregivers, or other concerned persons who file a Petition with the Juvenile court alleging that a child is experiencing abuse or neglect. Upon a petition being filed, the child will be assigned a Guardian ad Litem, a court appointed attorney responsible for representing the child’s best interest, and a hearing will be scheduled for within 72 hours.
Dependency cases have two main stages. The first stage, known as the preliminary-protective hearing, involves the Judge reviewing the evidence to determine if there is probable cause to suggest that the child is being abused or neglected.
If probable cause is found, a dependency hearing is scheduled within ten days of the preliminary-protective hearing, and the Judge makes a formal finding of dependency, which requires clear and convincing evidence that the child is not being properly cared for by their parent or guardian.