Abuse / Neglect / Dependency Proceedings

Abuse, neglect, and dependency proceedings in North Carolina are legal processes designed to protect juveniles - individuals under 18 years old who are not married, emancipated, or in the military. These proceedings often begin with a report that leads to an investigation of an alleged offending parent. The investigation then progresses to a moment when the children are removed from the home and temporarily placed with relatives or even in foster care.

Child Protective Services (CPS) Involvement:

• When there are allegations of abuse, neglect, or dependency, CPS receives and screens reports.

• An investigation will take place.

• If necessary, CPS seeks court action to protect the child’s safety.

Definitions:

• Abuse: Occurs when a parent, guardian, custodian, or caretaker:

  • Causes serious physical injury to the child intentionally or allows another to do so.

  • Creates a substantial risk of serious physical injury to the child intentionally or allows another to do so.

  • Commits certain sex crimes against the child or permits such behavior.

  • Causes serious emotional damage to the child or allows another to do so.

  • Encourages delinquent behavior involving immoral acts by the child.

• Neglect: Happens when a child does not receive proper care, supervision, or discipline from their parent, guardian, custodian, or caretaker, or when the child has been abandoned.

• Dependency: Occurs when a parent, guardian, custodian, or caretaker is unable to provide alternative caregivers to watch over a juvenile.

Dependency Proceedings:

• If a parent, guardian, custodian, or caretaker is allegedly responsible for abuse, neglect, or dependency, a juvenile case can be opened. The child will be removed and hearings will take place immediately to determine the best placement options for the child. These are called nonsecure custody hearings.

• The court evaluates evidence during a fact-finding hearing to determine if the allegations are substantiated. This is called the adjudication.

• The court then decides on the best arrangement for the child’s care, which may include placement with relatives, foster care, or other safe environments. This is called the disposition, which then leads to permanency planning hearings.

Case Plan and Review:

• A detailed case plan outlines steps for parents or caregivers to regain custody.

• Services like therapy, substance abuse treatment, or achieving stable living conditions are provided.

• The court reviews progress and explores permanent living arrangements for the child.

Resolution:

• Child dependency cases can take several years to resolve.

• At the conclusion, the court may make final custody and visitation orders that remain in effect indefinitely unless modified.

Remember that these proceedings prioritize the child’s safety and aim for a stable and nurturing environment. Legal representation and the involvement of key parties play crucial roles throughout the process. This firm has been representing respondent parents in cases initiated by the Department of Social Services (DSS) for over two years. If your child has been removed from your custody by DSS, please make an appointment for a free consult.