There are two courts in California that deal with children – dependency court and juvenile court. Both are considered juvenile court and are part of the California Superior Court system. Children who are abused, neglected, or being cared for by unfit parents would appear in dependency court. Such children, through no fault of their own, have been removed from their homes and are taken to this court. After a child has been removed from his or her home, the government takes responsibility for the child’s health, education, and welfare until he or she can be safely returned to their home or are adopted by another family.

Delinquency refers to children who engage in behaviors that would be considered illegal if done by adults. If a child is has committed a criminal act and is placed in the juvenile justice system, he or she may be able to continue living with his or her parents under court supervision. However, depending on the child’s age, the seriousness of the crime, and the child’s criminal history, he or she may be removed from home and relocated to a juvenile detention center or similar live-in facility.

The Juvenile Justice system is multi-faceted. With respect to dependency, when a parent has been convicted of child abuse, neglect, endangerment or another domestic violence crime, the child may be taken away from the home and made a dependent of the court. To determine whether to remove the child, the court considers a variety of factors, including whether the parent is married or single and if married, the fitness of the other parent. If the child is consigned under the court’s custody, the court may try to reunite the child and parent if the parent follows all of the court’s orders in the specified manner and is successfully rehabilitated. If the family is brought back together, the court will recommend services to benefit both the child and the family. If the court determines that the “best interests” of the child are not to be reunited with the parent, the court may terminate the parent’s rights. Once this decision is made, the child will be placed in an alternative home environment.

The delinquency faction of the California Superior Court focuses on the treatment and rehabilitation of children. Bearing in mind the offense committed and the child’s criminal background, the court may choose to send the child to a formal or informal detention center. These facilities can be jail-type settings or boot-camp like ranches. The court may also place the child on probation and return him or her to the care of the parents. Unlike the adult criminal justice system that focuses on punishment, the goal of the juvenile justice system is to rehabilitate the child. There are several State agencies that play a role in this process, including social service agencies, schools, and community organizations.

A child who is abusive to his or her parent is committing a type of domestic violence and the parent may, under certain circumstances, voluntarily place the child in the juvenile justice system and request that the court to take responsibility for the child. Some extreme situations exist in which the child is beyond the parent’s control and refuses to obey his or her parent’s lawful requests. In this scenario, a parent who turns the child over to the court risks losing the child, as the court may conclude that the parent is unable to adequately control the child. Any parent in this situation should seek professional legal help before making any major decisions.

Some attorneys are more skilled than others and the criminal defense lawyers at the Kavinoky Law Firm have helped numerous clients regarding domestic violence issues in California. They have the knowledge and resources to help with all matters including the juvenile justice system. Contact the Kavinoky firm today and get the help needed to handle these difficult legal questions.