Juvenile dependency cases in Elmore County (and throughout Alabama) can be overwhelming for parents, relatives, and anyone else who suddenly finds themselves in the middle of the process. These cases move quickly, and the language the court uses can be confusing. This post will break down what “dependency” means, how these cases are started, and what parents can expect when they go to court.
What Is a Dependency Petition?
A juvenile dependency case begins when someone files a dependency petition. The law allows any interested person to file such a petition. In practice, these petitions are most often filed by the Department of Human Resources (DHR) after investigating an abuse or neglect complaint.
A child is considered “dependent” when he or she does not have a parent or guardian who is willing or able to properly care for them. In plain terms, it means the child’s basic needs for safety, supervision, and care are not being met.
Protective Supervision vs. Custody
When DHR files a petition, they may ask for one of two things:
- Protective Supervision – This does not mean custody. Instead, it allows DHR to monitor the family and provide services such as parenting classes, drug testing, counseling, or psychological evaluations. The child usually remains with the parent or another relative.
- Custody – If DHR petitions for custody, that usually means foster care placement. Custody cases are more serious and almost always involve court hearings.
Private citizens—such as a grandparent, aunt, or uncle—may also file dependency petitions if they believe a child is not being properly cared for.
72-Hour (Shelter Care) Hearings
If DHR removes a child immediately from a parent’s care through a summary removal, the law requires that a judge review the case within 72 hours. This is known as a shelter care hearing.
At this hearing:
- DHR must present evidence showing why the child is legally dependent and why custody should not be returned to the parent.
- The parent has the right to an attorney, including court-appointed counsel if they cannot afford one.
- A guardian ad litem (GAL) will be appointed to represent the child’s best interest (not necessarily the child’s wishes).
Sometimes, children are placed with relatives under a safety plan instead of being removed into DHR custody. A safety plan is voluntary and not the same as a court order, but it often feels mandatory to families.
Burden of Proof
The evidentiary standard in dependency cases is lower than in criminal matters. DHR must provide relevant and material evidence—something more than speculation, but less than proof “beyond a reasonable doubt.” Because of this, many parents end up stipulating (agreeing) that their child is dependent based on their circumstances at the time of the hearing.
What Happens After the 72-Hour Hearing?
If the court finds a child to be dependent:
- Custody may be awarded to DHR, a relative, or another petitioner.
- The case will move forward to review hearings where the judge checks on the parents’ progress.
- DHR is required to hold a permanency hearing at least every 12 months.
- If a child remains in foster care too long without progress, federal and state law may require DHR to file to terminate parental rights (TPR).
What Parents Need to Know
In most cases, the issues leading to removal involve substance abuse or poverty-related concerns. Parents are typically ordered to:
- Complete random drug screens and hair follicle tests.
- Participate in parenting classes.
- Attend counseling or treatment programs.
- Correct any medical or neglect issues for the child.
Even though Alabama appellate courts have ruled that drug use alone does not automatically make a parent unfit, trial courts often take a stricter approach. Excessive drug or alcohol use, even if legal for adults, can lead to a finding of dependency if it interferes with parenting.
For this reason, it is often best for parents to avoid all drugs and alcohol while involved in a dependency case. Even legal THC products or alcohol can show up on screenings and harm the parent’s case.
Final Thoughts
Juvenile dependency cases in Elmore County move fast, and the stakes are high. Parents need to understand that once DHR is involved, the focus of the court will always be the best interest of the child. The sooner a parent addresses the issues that brought the case into court, the sooner reunification becomes possible.
Facing a Dependency Case in Elmore County?
Juvenile court can feel overwhelming, especially when the state is involved in your family’s life. If you or someone you know is dealing with a dependency petition, it’s important to have an experienced advocate on your side. Contact Hayden G. Sizemore, Attorney at Law, LLC for guidance and representation in juvenile court matters.
Hayden Glass Sizemore 