Foster Care Blog

03/13/06

Dependency Process - Filing a Petition

Posted by : Bill in Foster Care Blog at 06:30 am , 382 words, 332 views  
Categories: x-Archives-x


Recently, I have been talking about the dependency process.
I have already covered reporting abuse and the removal of the child. Today, let's talk about how and when and why the initial petition is filed.

To review, CPS received a report of neglect and/or abuse, and investigated. They found out that the allegations in the report were valid, and that the children in the home were being abused by their parents. They concluded that the children had to be removed from the home. They removed them and placed them in a foster home.

Now, CPS needs to file a petition to the court, within 72 hours of the removal of the children. The petition includes all the information that CPS knows about the situation, including the name of the children, parents names, address of the home, when the children were taken into custody, and why the children are considered dependent.

Dependent in this instance means, a child who is adjudicated to be:


(i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.

(ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care.

(iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child.

(iv) Under the age of eight years and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.

(v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-604.

(b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists. source...

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The petition is the document that begins the legal process of the dependency, and time frames for the case are based on when this petition is filed.

You can take a look at the Arizona dependency process chart here.

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