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Definitions
What do these legal word mean?

Adoption — permanent legal custody of another individual's child; adoption takes place after the parents' rights have been terminated by the court or voluntarily relinquished by the parents.

Affidavit — a written declaration under oath or a statement of facts in writing signed by the party, and sworn to or confirmed by declaration before an authorized magistrate.

Allegation — a declaration or claim concerning the behavior or actions of an individual.

CalWORKS — California Work Opportunity and Responsibility to Kids Act; a division of state government that provides for aid and medical assistance.

Caregiver — the person who takes care of a child when the parent is incarcerated.

Caregiver Authorization Affidavit — an affidavit that has the primary purpose of declaring that an individual will receive a certain amount of authority for a child.

Case Plan — the court-approved plan written by the social worker; it describes your reunification requirements including: visitation, classes, counseling or treatment you must follow before you can get your child back.

Child Protective Services (CPS) — county office responsible for the welfare of children who have allegedly experienced abuse and/or neglect from their primary caretakers. We have used this term generally throughout the manual to mean Department of Social Services (DSS), Department of Health Services (DHS), and Department of Family and Children Services (DFCS).

Court Day — days when the judge is in the courtroom. This is usually Monday through Friday, except holidays and weekends.

Court Order — a direction from the court on some matter.

Custody — the caregiver who has daily responsibility for a child either temporarily or permanently (see legal custody and physical custody below).

Declaration of Paternity — a legal document that, when signed by both parents, says the man is the natural father of the child; signing the Declaration is voluntary.

Default Judgment — a judgment entered against a defendant when the defendant fails to respond to a plaintiff's action or fails to appear in court.

Dependency Petition — a petition filed by the Juvenile Court claiming that the child should be made a dependent of the court.

Dependent of the Court — when the court finds that the child is at a risk of harm and a parent or relative cannot make decisions for the child; instead, the court steps in to make these decisions about what happens to the child.

Detained — what happens to a child who has been temporarily removed from parent(s) through Child Protective Services.

Detention — removing a child temporarily from parent(s) through Child Protective Services (CPS).

Detention Alternatives — a child detained in custody can be placed in any of the following: emergency shelter, a suitable licensed home or facility, a place exempt from licensure designated by the juvenile court, a certified family home, or with a relative. Welfare and Institutions Code §319.

Disposition Hearing — the hearing held once the court sustains the dependency petition and your child becomes a dependent of the court. At this hearing, the court will recommend a plan for your child.

Distant Relative — any relative who is not the child's parent, sibling (brother or sister), aunt, uncle, or grandparent.

Emergency Assessment — an evaluation by a social worker of a child's relative. The social worker will determine whether the relative's home is a proper placement for the child. The assessment includes: an in-home visit to assess the safety of the home and the relative's ability to care for the child, a criminal records check, and an investigation of any allegations of prior child abuse or neglect by that relative or any adult living in the relative's home.

Emergency Response — the actions taken by CPS immediately after they are told that a child is without her parent to make sure that someone is caring for the child.

Emergency Shelter — the temporary housing where CPS places a child while they locate relatives or arrange for a more permanent place for the child (and her siblings) to live.

Family Law Facilitator — a neutral office in the family courts which assists people through the court process when they do not have lawyers.

Family Reunification Services — services provided to the child and his/her parent(s) when the child is not living with you. It is designed to address the problems that led to dependency.

Foster Parent — persons given temporary placement of a child from Child Protective Services. Foster parents are sometimes de facto parents.

Foster Care — out-of-home care provided to children whose parents cannot care for them and who need temporary or long-term substitute parenting; both the person (foster parent) and the home are licensed by the state or county and are monitored by licensing workers and/or social workers.

Hearing — a judicial investigation which assesses abilities of the child's parents and determines the future living arrangements of a child.

Immediate Relative — any relative who is one's parent, sibling, aunt, uncle, or grandparent.

Indian Child Welfare Act — federal law that tells how to handle an Indian child custody case.

Jurisdiction Hearing — a hearing to determine whether your child should be made a dependent of the court based on allegations in the Dependency Petition.

Juvenile court — a branch of the Superior Court which deals with children under the age of 18. The Dependency court deals with abuse and neglect cases, usually because of the parent's behavior. Delinquency court deals with acts by a youth that would be criminal if the youth was an adult.

Kin-GAP — (Kinship Guardianship Assistance Payments) means the aid provided on behalf of children in kinship care. "Kinship guardian" means a relative who has been appointed the legal guardian of a dependent child pursuant to §366.26 of Welfare and Institutions Code.

Legal Custody — the right to make decisions about a child's well being including the child's health, education and welfare.

Legal Guardianship — court-ordered custody that gives a caregiver legal custody of your child.

Long-term Foster Care — long-term custody arrangement where Child Protective Services supervises the child's care with the foster parents.

Minor — anyone under the age of 18.

Motion for Modification — (also known as a 388 Petition) is a paper you can file to ask the court to look at changes in circumstances.

Non-custodial Parent — the parent who does not have physical custody of his or her child.

Notice— legal information about a hearing in your child's case: when and where it will take place.

Notarized — swearing that statements are true under oath, before an official "Notary."

Parent — the lawful mother or father of a child. This may be by blood, marriage or adoption.

Parental Rights — the legal rights of a parent to raise a child as s/he sees fit.

Permanent Plan Hearing — hearing to decide the best permanent situation for a child when a parent cannot raise her/his child.

Petition — a written request for specific court action and a hearing on the request.

Physical Custody — refers to where the child actually lives; the person the child lives with is the one with physical custody.

Power of Attorney — a written agreement between the parent of child and the caregiver that gives the caregiver responsibility and authority over certain matters concerning the child (e.g., medical needs, schooling, public assistance and Medi-Cal, legal matters, etc.)

Pro per/pro se — appearing on your own behalf without an attorney to represent you.

Qualified Relative — a family member who the court recognizes as able to take care of the child.

Removed — when the court takes the child from her parent's custody.

Rescind/Rescission — to revoke or annul an agreement, law, or judgment.

Respite Care — services that offer care (i.e. child care or temporary foster care) to relieve the caregiver or parent of childcare responsibilities for a specific length of time.

Reunify/Reunification — the goal in dependency to bring the child and her parent or parents together again.

Review Hearing — hearing held in order to review the previous decisions made by the court and consequently, to decide whether to retain or to change these decisions.

Revoke — to cancel or repeal.

Rules of Court — the rules that tell California courts what is supposed to happen in court hearings.

Status Review Hearing — a hearing held every six months by the Juvenile Court in order to review your child's case and to order a CPS plan for your child.

Supervised Visits — visits between a parent and child where a social worker is present.

Sustain — when the court finds a petition true.

Terminate — when the court cuts off or ends a course of action. Most often used with services, rights, or visits.

Welfare and Institutions Code — the group of laws dealing with dependency, delinquency, CPS, and drug possession and use.