Sutter County Superior Court, Juvenile Division – Dependency

Juvenile Dependency Court Days: Tuesdays and Thursdays beginning at 10:00 a.m. 

Court days are defined as Monday – Friday, excluding federally recognized holidays.

Juvenile Dependency Court is part of the Sutter County Superior Court. Juvenile Dependency Court is different from a criminal court. The judge of the Juvenile Court hears cases that involve suspected child abuse and neglect as well as legal guardianship and adoption.

  • Court hearings are confidential and are not open to the public
  • You are not charged with a crime in Juvenile Court
  • There is no jury to decide if you are guilty or innocent
  • The judge decides whether your child should be returned to you or placed with someone else

If Your Child is NOT Removed from Your Care

You will receive a notice to appear in court on a set day and time to attend an initial hearing initiated by the Child Welfare Services (CWS) regarding allegations of abuse or neglect of your child(ren).

Initial Hearing

At the initial hearing, you will be asked questions about the biological father’s name, if he is not already known or involved in the matter, the mailing address you want on record, and if you have any Native American ancestry. The court may make one or more of the following decisions:

  • Appointment of attorneys to all parties in need of representation
  • Schedule another hearing so that the judge can hear more information
  • Schedule a jurisdictional hearing

If Your Child is Removed from Your Care

Within two days of your child being removed from your care, if your child is not returned to you, a petition (a legal document) to declare your child a dependent is filed with the court. “Filed” means the petition becomes part of the court record. The petition states facts that support the reason(s) the social worker thinks the court should protect your child. After this petition is filed, a detention hearing will be set to occur within 24 hours.

Detention Hearing

You will be told the date, time and place of the detention hearing. At the detention hearing, you will be asked questions about the biological father’s name, if he is not already known or involved in the matter, the mailing address you want on record, and if you have any Native American ancestry. The court may make one or more of the following decisions:

  • Appointment of attorneys to all parties in need of representation
  • Decide when, where, and how you can visit with your child(ren)
  • Schedule another hearing so that the judge can hear more information
  • Release your child(ren) to you while information is being prepared for the next hearing
  • Order your child(ren) to remain in out-of-home care while information is prepared for the next hearing.

Jurisdictional Hearing

The next hearing to be scheduled is the jurisdictional hearing. The jurisdictional hearing must be set within 15 court days of the court order directing detention (i.e., completion of the Detention Hearing). At the jurisdictional hearing, the judge will consider the evidence or arguments offered by any party to decide if some, or all, of the petition is true. If the court finds the petition is not true, the case will be dismissed, and your child will be returned to you. If the judge finds the allegations to be true, the court will set a dispositional hearing, which must be set within 10 court days of the completion of the jurisdictional hearing.

Dispositional Hearing

At the dispositional hearing, the court will consider the report of the social worker – composed of a family social study and the case plan – and may make one of the following decisions:

  • Decide when, where, and how you can visit with your child(ren)
  • Order you and your child(ren) into family reunification services, declare your child a dependent of the Juvenile Court, and order cooperation with the plan for services
  • Order you and your child(ren) into family maintenance services, declare your child a dependent of the Juvenile Court, and order cooperation with the plan for services
  • Not order you and your child(ren) into any services and schedule a permanent planning hearing to select a permanent plan for your child

Sometimes the dispositional hearing happens on the same day as the jurisdictional hearing.

Status Review Hearings

Every six months review hearings provide information to the court regarding your child and you, as well, as how you are participating and progressing in services. A recommendation may be made to return your child home to your care in a plan of family maintenance, to continue reunification services, or to terminate family reunification services and recommend a permanent planning hearing be scheduled to select a permanent plan for your child.

Permanent Planning/366.26 Hearing 

At the Permanent Planning Hearing, the court will choose a permanent plan for your child(ren) by making one of the following decisions:

  • Terminate your parental rights and order your child(ren) into a permanent plan of adoption or customary tribal adoption
  • Order your child(ren) into a permanent plan of legal guardianship
  • Order your child(ren) into a permanent plan of another permanent living arrangement

This hearing may occur after the dispositional hearing if the court does not provide you with services to reunify with your child(ren), OR after a review hearing if the court terminates your reunification services.