Services

Representation in Dependency

JCP attorneys represent indigent parents in dependency proceedings in Juvenile Court in Allegheny County. The Juvenile Act is the statute which establishes the authority of the Juvenile Court to hear dependency cases. Following are four types of dependency hearings defined in the Juvenile Act and they are as follows:

• A Shelter Care Hearing is an informal hearing which must take place within 72 hours of a child’s removal from his/her parent. At the hearing CYF must produce evidence that establishes imminent risk to the child’s safety and well-being in order to continue placement of the child outside the family home.
• An Adjudicatory Hearing is the hearing where the dependency petition filed by CYF is heard. CYF must prove by clear and convincing evidence that the child is without proper parental care and control necessary for the child’s physical, mental, or emotional health or morals.
• A Permanency Review Hearing is where the court is required to review the status of a dependent child’s case. The court is required to review the permanency goal for the child, the progress being made toward attaining the goal, and whether the child’s placement continues to be best suited to meet the child’s needs.
• An Aggravated Circumstances Petition will be filed by CYF when they have evidence that one of the grounds for aggravated circumstances as defined in the Juvenile Act exists. If the court makes the factual finding that an aggravated circumstance exists, then the court must decide whether reasonable efforts to reunify the family shall be made.

Representation in Termination of Parental Rights Proceedings

JCP attorneys represent indigent parents in termination of parental rights proceedings in Juvenile Court in Allegheny County. The Adoption Act is the statute which establishes the authority of the court to hear termination of parental rights petitions. When a petition to terminate parental rights is filed, there are two proceedings which take place. The initial proceeding requires the parent to appear and give notice as to whether he/she intends to contest the termination of his/her parental rights or not. If the parent chooses to contest the termination of his/her parental rights, he/she “enters” his/her “contest” and the court schedules a hearing to receive testimony concerning the allegations contained in the petition requesting the termination of the parental rights.

Appeals of Indicated ChildLines

The JCP will review, assess and when appropriate appeal “Indicated” ChildLines for existing JCP clients. The Child Protective Services Law is a reporting statute which requires certain individuals defined as “mandated reporters” to report suspected child abuse to the Department of Public Welfare (DPW). Anyone, however, may report suspected child abuse to the DPW. Once a report of suspected child abuse is received by the DPW, the local agency (Allegheny County CYF) is to conduct an investigation and determine the final outcome status of the report which will either be “Founded,” “Indicated,” or “Unfounded.”