Tag Archives: DEPENDENCY

Can I live with my grandma?

Q: My dad and stepmom are verbally abusive to me and sometimes smack me, pull my hair, or once I got chocked. When my mom left at a young age my grandma was put on my legal guardian list as well as my grandfather and my dad. My aunt wants to call social services and get a social worker to check it out, should I let her do that or legally can I just live with my grandma. I’m scared that if she does call a social worker, they will refuse to let me leave and then it will just get worse. I am 15 years old. What should I do? (Pittsburgh, PA)

A: If you feel your home situation is abusive, and your parents will not agree to letting you live with your grandmother, your aunt may have no other choice but to call Children, Youth and Families. CYF will investigate. They will talk to you, your aunt, your grandmother and parents and anyone else. I am thinking that if they believe your allegations, they will advise to place you with your grandmother. This can be done in two ways. The first would be by family agreement, whereby everyone agrees that your grandmother has temporary custody. The second way, if the parties (your parents) don’t agree it would involve the filing of a petition for dependency, and have a judge find you to be dependent and placed. If CYF believes you are the victim of abuse, they will remove you immediately from the home and a shelter hearing will be held in 24 hours. At the shelter hearing, I think you have a great chance of being placed with your aunt. The courts make every effort to place dependent children with family, so I am pretty sure you would ultimately be placed with your grandmother at the dependency hearing. You and your aunt or grandmother can also call Kid’s Voice in Pittsburgh. They represent children and I am sure they will help. 412-391-3100.

How does a mother can control a 16-year-old son?

Q: This child has been in court system for a year due to pot use and several crimes against property. He fathered one child and supposedly girl friend is pregnant with 2nd. He is living with mom and 3 younger siblings. She feels he is treating her and them poorly and before he creates more havoc, she could like to see him on his own. He had a job paying $400 a week and was living with girlfriend and her parents. He is “off paper” in October. (Pittsburgh, PA)

A: So, apparently, this child was adjudicated delinquent and his juvenile probation case is about to close. So, on a scale from 1 to 10 he is not that bad if he successfully competed probation, but he is disruptive and abusive at home. You can try counseling. If that doesn’t work you may want to look toward filing a dependency complaint in Juvenile Court. If he is disruptive to your home to the extent he is not welcome there, he might be using drugs and is not attending school, a court may adjudicate him to be a dependent child. If this happens, the court will have jurisdiction over him and force him to comply. To inquire about filing a dependency action, you can consult with CYF or call the police. You can also consult with a lawyer who handles juvenile law.

CYF wants me to go a drug and alcohol evaluation

Q: CYF called me about bruises on my son from school. He plays soccer. Now they want to do a drug and alcohol evaluation. Do I have to take it? (Pittsburgh, PA)

A: No, you don’t have to comply. The question is, will CYF pressure you more, perhaps by filing a dependency petition if you do not comply? No one can answer this question without knowing more facts. I would advise speaking with an attorney who is experienced in Juvenile Dependency. You can call the Allegheny County Bar Association Lawyer Referral Service (412-261-6161) for a referral to a private attorney who is experienced in that type of law. If you cannot afford a private attorney, call the Allegheny County Bar Association and ask for the Juvenile Court Project. They will put you in touch with the Parent Advocates. They can advise if you qualify for representation, and if so, advise you how to proceed.

Can I be forced to take my daughter?

Q: My daughter is 17 and will be 18 in six months. She has serious behavioral issues. She has been in and out of hospitals her whole life. She is in a psych ward now for locking herself in a teacher’s lounge at school and threatening harm. My ex-wife, who have full custody of her and my 15 year-old son, doesn’t want our daughter released to her and has said a court will force me to take her. I don’t want her. Can I be forced to take her? We can’t have her issues in our house. (Pittsburgh, PA)

A: You cannot be forced to take custody of her. If your ex-wife will not let her in her home, or refuses to take her home from the hospital, CYF will be called to take temporary custody of her. You will be called and offered temporary custody as well. if you don’t want her, she will be placed in a shelter and eventually placed in foster care if found to be a dependent child. As a biological parent, you and the mother will be responsible to reimburse CYF for all the money it spends on her care if she remains in foster care. I suggest you and your wife seek help for her whether it is through the courts, the school, CYF, etc. My suggestion is to call KIDS VOICE in Pittsburgh.

What is my first step in obtaining custody if I have no proof I am the father?

Q: My daughter was taken away and kept from me pretty much her whole life and never knew me. She is now involved in DFS or Child Protective Services in the state of Florida she is currently in Pennsylvania in a shelter waiting for transport to Florida. Her mother doesn’t want her but there is no proof of that. When she gets to Florida she will be placed in a youth facility.

A:The family courts and Children Youth and Families (CYF) are directed to find relatives for children in placement. They call it “family finding”. Since this child is physically in PA, you can try a few things. Call CYF and tell them you want to be a caretaker. They may work with you but there is a possibility that the child is on her way to FLA where it appears there is jurisdiction? An attorney experienced in Juvenile Dependency law can help you immensely. If you cannot afford an attorney, you should call the Allegheny County Bar Foundation, Juvenile Court Project. 412-391-4467. If you qualify for representation, you will have an excellent attorney at no cost. The idea is, if you are serious, get involved now.

 

What is my first step in obtaining custody if I have no proof I am the father?

Q: My daughter was taken away and kept from me pretty much her whole life and never knew me. She is now involved in DFS or Child Protective Services in the state of Florida she is currently in Pennsylvania in a shelter waiting for transport to Florida. her mother doesn’t want her but there is no proof of that. when she gets to Florida she will be placed in a youth facility.

A:The family courts and Children Youth and Families (CYF) are directed to find relatives for children in placement. They call it “family finding”. Since this child is physically in PA, you can try a few things. Call CYF and tell them you want to be a caretaker and want a paternity test. They may work with you but there is a possibility that the child is on her way to FLA where it appears there is jurisdiction? An attorney experienced in Juvenile Dependency law can help you immensely. If you cannot afford an attorney, you should call the Allegheny County Bar Foundation, Juvenile Court Project. 412=391-4467. If you qualify for representation, you will have an excellent attorney at no cost. The idea is, if you are serious, is to get involved now.

Where do I stand as a father with mom and CYF?

Q: The mother of my child is hiding a wanted homicide suspect and has drugs out in the open. CYF goes in takes custody of my daughter. THE CYF lady calls me a day later tells me there is a shelter hearing. At the shelter hearing CYF said they don’t recommend me because my background checks haven’t come back yet. The judge awards me physical and legal custody anyway now they are basically bullying me into visits after mom threatened to take my daughter. Also, they are saying I have to do classes a “community conference” drug tests and a few other things. Do I have rights as a parent and person or do I have to go along with the show also can I fight so my daughter doesn’t go back to mom or is it up to CYF. (North Braddock, PA)

A: You absolutely have rights as a parent in the juvenile dependency action. You will do better with an attorney asserting those rights for you at the next shelter hearing or review hearing. There are not many attorneys who handle juvenile dependency but there are a few who know that system well. You may want to find one. If you are drug free let them test you as much as they want. Unless your clearances come back with child sex offenses or child lines, as a biological parent, you cannot be denied custody due to a criminal history. As pointed out by my colleague, you can file for custody as well. You can always go through Generations but you may want to initiate Family Division custody with a motion to your assigned judge.

Kicked out of home. Can I emancipate myself?

Q: What are the odds that a homeless teen that has been kicked out of their home will be able to legally emancipate them self? And if there is a good chance it will happen, is there a way for them to get financial aid of some sort to pay for a lawyer? Homeless people don’t have much money.

A: I am assuming you are under age 18? Proving emancipation is not easy, as you have to convince a judge you can support yourself which very few teenagers can do, at least in the eyes of most adults and more importantly the judge. The judge may say to you, if you are so self sufficient, why do you need someone else to pay for a lawyer? On the other hand, if you are truly homeless and want support, and there are valid reasons that you cannot return home other than you just don’t like it, you may be able to get Children Youth and Families to file a dependency action for you. You can also call the courts or Kids Voice in Pittsburgh (412-391-3300) for help. (Pittsburgh, PA)

 

Kicked out of home. Can I emancipate myself?

Q: What are the odds that a homeless teen that has been kicked out of their home will be able to legally emancipate them self? And if there is a good chance it will happen, is there a way for them to get financial aid of some sort to pay for a lawyer? Homeless people don’t have much money.

A: I am assuming you are under age 18? Proving emancipation is not easy, as you have to convince a judge you can support yourself which very few teenagers can do, at least in the eyes of a judge. The judge may say to you, if you are so self sufficient, why do you need someone else to pay for a lawyer. On the other hand, if you are truly homeless and want support, and there are valid reasons that you cannot return home other than you just don’t like it, you may be able to get Children Youth and Families to file a dependency action for you. You can call the courts or Kids Voice in Pittsburgh for help. (Pittsburgh, PA)