Minors' Rights in Dependency & Neglect Proceedings

     Current law states that a child or youth named in a petition related to dependency and neglect proceedings is a party to the proceedings and has a right to attend and fully participate in all hearings related to the case. The bill affirms that as a party to the proceedings, the child or youth has legal standing regarding all matters related to the child's or youth's interests and the right to have the child's or youth's interests fully represented by the guardian ad litem or counsel for youth throughout the proceedings, including appeals.

      Once a petition is filed, ordered, or authorized for a dependency and neglect proceeding, If a county department of human or social services (county department) seeks dismissal of the a petition prior to the adjudicatory hearing and the child or youth, through the child's or youth's guardian ad litem or counsel for youth, objects to the dismissal the child has a right to a determination by the court as to whether the child or youth is dependent or neglected and articulates a basis upon which the child is abused or neglected, the court shall set a hearing to determine whether or not the county department has a reasonable basis to dismiss the case. If the court determines that the county department shows a reasonable basis for dismissal, the court shall dismiss the case. If the county department does not show a reasonable basis to dismiss the case, the court must allow the case to proceed.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)