Technical Assistance Partnership for Child and Family Mental Health

Technical Assistance Partnership for Child and Family Mental Health

Child Welfare Frequently Asked Questions

October 2003

If the court finds my child to be dependent or neglected, what are my rights as a parent?

One goal of the family or dependency court is to resolve the matter regarding your child as quickly as possible. When your child becomes a dependent of the court, the court will make orders for you and your child, and for the social worker, so that your child will be protected. You will be required to follow specific steps to end court involvement. Time limits will be attached to the required steps. Both the court and your social worker will explain these time limits to you. The court may decide to do one of the following:

  • Allow your child to reside in your home under court supervision. This supervision is usually provided by the child welfare agency and monitored by the court.
  • Place your child outside of your home. This placement can be with a relative if possible or in a more formal foster or group placement.

During the time your child is a dependent of the court, the court will order services to remove the conditions that brought your family to the attention of the court. The court will review your progress every 6 months. If your child remains with you, your rights as a parent will not substantially change. However, there are limitations; you must comply with court recommendations and the services ordered to change your family situation.

If the court decides to remove your child from your home temporarily, the services will be called reunification services. While these services are in place, unless the court has ordered otherwise, you retain certain parental rights and responsibilities:

  • To suggest the names of relatives, who might care for your child
  • To have regular visits with your child
  • To be consulted and make decisions about your child's religion, health care, and education
  • To be informed of the progress that your child is or is not making in foster care
  • To be notified of any medical issues or medical emergencies your child may have
  • To receive the needed services and supports that will help your child return home
  • To have your child return home after the conditions required by the court have been met

This is a basic list of your rights. Some states may give parents more.

If, during the time your child is a dependent of the court, you or the court decides that reunification efforts have failed or you cease to be interested in reunification, a decision can be made to terminate your rights as a parent. This ultimately means that you have no further control or input regarding your child. The child is then free to be adopted.