GLOSSARY FOR THE CHILD DEPENDENCY SYSTEM

Adjudication hearing - In child welfare proceedings, the trial stage at which the court determines whether allegations of dependency, abuse or neglect concerning a child are sustained by the evidence and, if so, are legally sufficient to support state intervention into a family.*

Adoptive parent - The adult with whom a relationship is legally established (for) a child not biologically related. Under the adoptive relationship, the child becomes the heir and is entitled to all other privileges belonging to a natural child of the adoptive parent.*

Adoption hearing - Judicial proceeding in which a relationship is legally established between adult individual(s) and a child not biologically related.*

Case flow management - Administrative and judicial processes designed to reduce delays in litigation; processes which assist the court in monitoring child welfare agencies to make sure dependency cases are moved diligently and decisively toward completion.*

Child abuse - to hurt or injure a child by maltreatment. As defined by statutes in the majority of states, generally limited to maltreatment that causes or threatens to cause lasting harm to a child.* (See Appendix K: California Welfare and Institutions 300 Codes)

Child custody - Legal authority to determine the care, supervision, and discipline of the child; when assigned to an individual or couple, includes physical care and supervision. Includes guardianship of the person of the minor such as may be awarded by a probate court.*

Child neglect - To fail to give proper attention to a child; to deprive a child; to allow a lapse in care and supervision that causes or threatens to cause lasting harm to a child. *[see 300 codes]

Court Appointed Special Advocate (CASA) - A specially screened and trained volunteer, appointed by the court, who conducts an independent investigation of child abuse, neglect, or other dependency matters, and submits a formal report proffering advisory recommendations as to the best interests of a child. In some jurisdictions, volunteers without formal legal training, such as CASAs, are appointed to represent abused and neglected children, serving in the capacity of a Guardian ad Litem.* [Ask Maryann or Chris Wu if this is so in California]

Dependent child - A young person subject to the jurisdiction of the court because of child neglect or neglect.*

Direct calendaring - An administrative scheduling system used by courts in which child abuse and neglect cases involving a single family are assigned to a single judge or judicial officer at the time the case is first filed, and for the duration of government involvement with a specific family. The initially-assigned judge conducts all subsequent hearings, conferences and trials.*

Disposition hearing - The stage of the juvenile court process in which, after finding that a child is within jurisdiction of the court, the court determines who shall have custody and control of the child; elicits judicial decision as to whether to continue out-of-home placement or to remove a child from home.*

Diversion programs - Community-based services designed to prevent the necessity of child abuse, neglect or other dependency matters coming before the court.*

Exploitation - means forcing or coercing a child into performing activities that are beyond the child's capabilities or which are illegal or degrading, including sexual exploitation.#

Emotional abuse is nonphysical mistreatment, resulting in disturbed behavior by the child, such as severe withdrawal or hyperactivity. Emotional abuse includes willfully causing any child to suffer, inflicting mental suffering, or endangering a child's emotional well-being.#

Formal mediation - Structured negotiations involving parents, social service agencies, and independent, third-party representatives involved in reaching joint solutions in matters before the court.*

Foster care - Temporary residential care provided to a minor child placed pursuant to a neglect or dependency hearing; can include care by a non-biological foster family, group care, residential care, or institutional care.*

Foster Care Review Board (FCRB) - A panel of screened and trained volunteers preferably appointed by juvenile or family courts to: regularly review cases of children in substitute placement such as foster care; examine efforts to identify a permanent placement for each child; and proffer advisory recommendations to the court.*

Foster family care - A form of foster care involving placement of a child with a non-biological family that is approved and supervised by the state.*

General neglect - is the negligent failure of a parent/guardian or caretaker to provide adequate food, clothing, shelter, or supervision where no physical injury to the child has occurred.#

Guardian ad litem -

1. In certain dependency matters, a person with formal legal training appointed by a judge to represent the best interests of an allegedly abused or neglected child; differs from the legal advocate for the child who specifically represents the child's wishes before the court.

2. A recruited, screened and trained citizen volunteer without formal legal training, appointed by a judge to represent the best interests of an allegedly abused or neglected child.*

Guardianship - A legally established relationship between a child and adult who is appointed to protect the child's best interests and to provide the child's care, welfare, education, discipline, maintenance and support. Where guardianship is awarded to an individual or couple, it includes the right to physical possession of the child. In many states, guardianship of this type is awarded by the probate court. [Ask Maryann or Chris Wu about California] Therefore, appointing a guardian for a foster child may require the action of two courts; the court hearing the abuse or neglect (e.g., the juvenile or family court) and the probate court. *[Ask Maryann or Chris Wu]

Judicial officer - Person who serves in an appointive capacity at the pleasure of an appointing judge, and whose decisions are subject to review by that judge; referred to in some jurisdictions as associate judges; magistrates; referees; special masters; hearing officers; commissioners.*

Judicially supervised settlement conference - A judicially-mandated meeting at which the judge is present, which involves all attorneys and parties to a proceeding. The meeting typically occurs at a fixed time and place at least 10 days before a trial, and provides identification of issues to be tried, experts to be called, necessary reports, and witness availability.*

Judge - One who conducts or presides over a court of justice and resolves controversies between parties. In the fore-going text, the term also encompasses persons serving in an appointive capacity whose decisions are subject to review by a judge, including associate judges, magistrates, referees, special masters, hearing officers, and commissioners.*

Legal advocate for the child - In certain dependency matters, a person with formal legal training appointed by a juvenile or family court to specifically represent the wishes of an allegedly abused or neglected child under the court's jurisdiction; differs from a Guardian ad litem appointed to represent the best interests of a child before the court.*

Long-term foster care - Extended residential care provided to a minor child placed pursuant to a neglect or dependency hearing; can include care by a non-biological foster family, residential care, or institutional care.*

Master calendaring - An administrative scheduling system used by courts in which child abuse and neglect cases may be reassigned to different judges at different stages of the case.*

Mediation - Process by whichva neutral mediator assists all of the parties in voluntarily reaching a consensual agreement about issues at hand; a process of facilitated communication between parties designed to resolvev issues and agree upon a plan of action.*

Motion - An application to a court made in reference to a pending action, adressed to a matter within the discretionvof a judge.*

Permanency planning hearing - A special type of post-dispositional proceeding designed to reach a decision concerning the permanent placement of a child; the time of the hearing represents a deadline within whichvthe vfinal direction of a case is to be determined.*

Petition/pleading - Aformal written request or 'prayer' for a certain thing to be done.*

Physical abuse is bodily injury inflicted by other than accidental means on a child, including willful cruelty, unjustifiable punishment, or corporal punishment.#

Preliminary protection hearing - The first court hearing in a juvenile abuse or neglect case, referred to in some jurisdictions as a 'shelter care hearing'. 'detention hearing', 'emergency removal hearing', 'temporary custody hearing'; occurs either immediately before or immediately after child is removed from home on an emergency basis; may be preceded by an ex parteorder directing placement of the child; in extreme emergency cases may constitute the first judicial review of a child placed without prior court approval.*

Pre-trial settlement conference - A meeting of attorneys and parties to a proceeding held for the purpose of reaching a negociated settlement involving joint solutions.*

Reasonable efforts - Public Law 96-272, the Adoption Assistance and Child Welfare Act of 1980 required that reasonable efforts be made to prevent or eliminate the need for removal of a dependent, neglected, or abused child from the child's home and to reunify the family if the child is removed. The reasonable efforts requirement of the federal law is designed to ensure that families are provided with services to prevent their disruption and to respond to the problems of unnecessary disruption of families and foster care drift. To enforce this provision, the juvenile court must determine, in each case where federal reimbursement is sought, whether the agency has made the required reasonable efforts. *

Residential care - A form of foster care involving placement in group or congregate care.*

Residential treatment center - provides residential treatment with psychological, psychiatric and other counseling services to foster children and delinquents.

Respite care - substitute care for a few hours to a few days to provide relief for the primary care giver(s).

Review hearing - Court proceedings which takeplace after disposition on which the court comprehensively reviews the status of a case, examines progress made by the parties since conclusion of the disposition hearing, provides for correction and revision of the case plan, and makes sure that cases preogress and children spend as short a time as possible in temporary placement.*

Severe neglect - refers to those situations of neglect where the child's health is endangered, including severe malnutrition.#

Sexual abuse is the victimization of a child by sexual activities, including mlestation, indecent exposure, fondling, rape, and incest.#

Stipulation - An agreement, admission, or concession made by parties in judicial proceedings or by their attorneys, relating to business before the court.*

Termination of parental rights hearing - A formal proceeding usually sought by a state agency at the conclusion of dependency proceedings, in which severance of all legal ties between child and parents is sought against the will of one or both parents, and in which the burden of proof must be by clear and convincing evidence; the most heavily litigated and appealed stage of dependency proceedings; also referred to in some states as a 'severance,' 'guardianship with the power to consent to adoption,' 'permanent commitment,' 'permanent neglect,' or 'modification' hearing.*

Voluntary agreement for care - Arrangement with a public child protection agency for the temporary placement of a child into foster care, entered into prior to court involvement, and typically used in cases in which short-term placement is necessary for a defined purpose such as when a parent enters in-patient hospital care; a method of immediately placing child in foster care with parental consent prior to initiating court involvement, thereby avoiding the need to petition the court for emergency removal.*

* National Council of Juvenile and Family Court Judges, Reno, Nevada, Resource Guidelines "Improving Court Practice in Child Abuse & Neglect Cases", Spring, 1995.

# California Legislative Analyst's Office, Child Abuse and Neglect in California, 1996.

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