Child Abuse

Child abuse is repeated mistreatment or neglect of a child by a parent or other guardian resulting in injury or harm. Under California Law, child abuse is a crime. The law provides the legal basis for action to protect children and allow intervention by public agencies if a child is mistreated. The law requires certain professionals such as teachers to report suspected child abuse.

After a report of abuse, an investigation is done by the Department of Social Services. If the social worker believes that the child's safety requires court protection, then the social worker files a petition to declare the child a dependent of the court.

If the juvenile court finds at the initial hearing that the child was abused or neglected, one of several things can happen:

• The court can dismiss the case if it finds this is in the interest of justice and that the welfare of the child requires dismissal
• The court may order informal services for the family
• The court may make the child a dependent of the court

If the court declares that the child is a dependent of the court, the judge then decides whether the child should remain with a parent or be legally removed from the parents' care. If the child is removed from the parents, the court then considers who should care for the child, with relatives as the first choice. If placement with a relative is not possible, the child is usually placed in a foster home.

In most cases, the court orders a reunification plan for the parents so that the child can return home. A reunification plan describes the responsibilities and duties of both the social services department and the parents to remedy the problems that caused the child's removal. At the disposition hearing, the court can also make orders about visitation, issue protective orders, and make any other orders the judge finds are in the best interest of the child.