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Q: When Is The Next Court Date In My Case? Where Is My Courtroom?
A: If you have identification showing that you are a parent or relative of a child who is the subject of a dependency proceeding and give the child's name and date of birth, the Clerk's Office located on the second floor of the Children's Court can look up the case and give you the next scheduled court date and the location of the courtroom where the hearing will take place.
Q: How Can I Obtain A Court-Appointed Attorney?
A: In order to request that an attorney represent you in Dependency Court, you should appear in court on the date of the next scheduled hearing and orally request an attorney. Be sure to arrive at the courtroom where the case will be heard at 8:30 a.m. and check in with the bailiff (sheriff). If you do not know the courtroom where the case will be heard, the receptionist on the first floor lobby can assist you with locating the courtroom on the day of the hearing. When you enter the courtroom, notify the bailiff of your presence, your relation to the child and that you would like an attorney appointed on your behalf. If the judicial officer conducts a "calendar call" in the morning, you also may direct your request to the judicial officer when he or she calls the case.
Q: How Can I Obtain A Court-Appointed Attorney Before The Next Hearing?
A: If the next court hearing is not in the near future, you may request an attorney in writing and submit it to the judicial officer on the case. Be sure to include your name, the name of the child or children, the next court date, your relation to the child and how you may be reached. You should explain why you would like an attorney and why you do not want to wait until the next scheduled court date. You either may deliver the letter to the bailiff in the courtroom where the case is heard or send it to the court addressed to the judicial officer. The court's address is: Edelman Children's Court, 201 Centre Plaza Drive, Monterey Park, CA 91754- 2198. The judicial officer will decide if you are entitled to have an attorney appointed. If you are entitled, the judicial officer may appoint an attorney even without your appearing in court. The attorney will then contact you.
Q: How Do I Complain About My Attorney? How Can I Obtain A Different Attorney?
A: If you have a problem with your attorney, you may take either or both of the following actions:
- If your attorney is a member of the Juvenile Court Panel (most attorneys for parents), you may call the Panel Attorney Coordinator at 323-526-6669 who will explain the procedure for filing a complaint with the Juvenile Court Bar Association.
If your attorney works for one of the Dependency Court Legal Services (DCLS) law firms, you should explain your complaint in writing and send it to the director of the law firm where the attorney works. All DCLS attorneys either work for the Law Offices of Lisa Mandel, The Law Offices of Kenneth Sherman or the Law Offices of Randall Pacheco. Correspondence may be addressed to Lisa Mandel, Esq. (Suite 7), Kenneth Sherman, Esq.(Suite 8) or Randall Pacheco, Esq.(Suite 9) at 201 Centre Plaza Drive, Monterey Park, CA 91754.
If you are not sure whether your attorney is a member of the panel or which DCLS firm the attorney works for, you may contact the Clerk's Office on the second floor of the Children's Court and, with proper identification, the staff will tell you who your attorney is and how to contact him or her.
- You may write a letter to the judicial officer in your case. Be sure to explain in detail the problem with your attorney. You either may deliver the letter to the bailiff in the courtroom where the case is heard or send it to the court addressed to your judicial officer. The court's address is: Edelman Children's Court, 201 Centre Plaza Drive, Monterey Park, CA 91754-2198.
Q: How Do I Get A Different Judicial Officer To Hear My Case?
A: The only way to have a different judicial officer assigned to your case after he or she has conducted a hearing is to file a motion (a formal request) with the court on the grounds that your judicial officer has an actual bias in your case. Specific examples of actual bias are that the judicial officer is related as family to one of the attorneys or parties in the case, he or she has personal knowledge about the case from outside the courtroom or he or she has a personal financial interest in the case. The judicial officer cannot be removed solely because you think he or she dislikes you, your attorney or any other party to the proceeding. Instead, you must present specific evidence of actual bias. If you disagree with any orders made by the judicial officer, you should discuss with your attorney whether there are grounds for a motion to remove the judicial officer or to seek a rehearing or review by the Court of Appeal.
Q: How Do I Get A Judge Instead Of A Commissioner Or Referee To Hear My Case?
A: You do not have an automatic right to have your case heard by a judge. All cases are assigned to judicial officers on a random basis. However, if your case is being heard by a commissioner or a referee and you disagree with a particular order he or she makes, you or your attorney may file an Application for Rehearing in the Clerk's Office for a judge to rehear the issue. A judge will decide whether to grant the rehearing. If the Application for Rehearing is granted, another randomly selected judge will hear the evidence on the issue you dispute and that judge will decide the issue. After the judge rehears the issue you dispute, your case will return to the same referee or commissioner for all future hearings.
Q: What Do I Do If I Did Not Get Notice Of A Hearing?
A: If you did not get notice of a hearing which already took place, you should contact your attorney immediately. If your attorney does not respond after you have tried to contact him or her, you should follow the procedures in the answer to question 4. If you do not have an attorney, see the answers to questions 2 and 3 above. You also may call the social worker on the case to find out what happened at the hearing.
Q: How Do I Obtain The Social Worker's Telephone Number?
A: The social worker's telephone number should be listed at the end of the most recent court report for your case. Sometimes it also may be found on the cover sheet. If you do not have a court report or the social worker indicated on the report no longer is assigned to your case, go to the DCFS office on the first floor of the Children's Court or call DCFS at 323-526-6682 and the receptionist will give you the social worker's telephone number.
Q: My Social Worker Doesn't Call Me Back; My Social Worker Doesn't Do Anything; My Social Worker Is Against Me; How Do I Complain About The Social Worker?
A: You should start with discussing any problems you are having directly with the social worker. If you are not satisfied with his or her response, then you should contact his or her supervisor. You may want to put your complaints or issues in writing, specifically describing the problem. Each supervisor also is under the supervision of a Deputy Regional Administrator. The DCFS office on the first floor of the Children's Court may assist you in identifying these people and obtaining their telephone numbers. (See the answer to question 8.) If you have or are entitled to an attorney (See the answers to questions 2 and 3 above), you also should contact your attorney.
Q: How Do I Reopen My Case?
A: How you attempt to "reopen" a case depends on how and why it was closed. If it was closed because your parental rights were terminated, there is no way to "reopen" the case. If it was closed because someone was appointed legal guardian of your child and circumstances have changed and you would like to try to regain custody of your child, then you may fill out a "388" petition. (388 petitions are available in the Clerk's Office on the second floor of the Children's Court.) If you would like to reopen it because you believe the child is suffering abuse or neglect, you immediately should call the Child Abuse Hotline at 800-540-4000.
Q: How Do I Get My Kids Back?
A: The answer to this question depends on many factors, including the stage of your case. Your attorney should explain your legal rights and the steps you can take to try to have your children returned to your care. The steps may include following orders that you participate in certain programs, visiting your children and cooperating with the services provided by the social worker. If you have questions about what you have to do, contact your attorney and/or your social worker. If you are having problems with your attorney, see the answer to question 4. If you are having difficulties with you social worker, see the answer to question 9.
Q: How Do I Stop My Wife/Husband From Violating Court Orders Regarding Leaving The Country With The Children, Etc.?
A: If you have an ongoing case in dependency court, you should call your attorney and your social worker immediately. If they do not respond after you have tried to reach them, you should contact their supervisors as described in the answers to questions 4 and 9 above.
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