Juvenile Law
When allegations are made to Child Protective Services (CPS) that parents are not able to care for their child, are not providing adequate support, or have abused or neglected their child, there may be an investigation which results in the juvenile court getting involved. If you’re contacted by CPS or your children have been removed from your home, you should contact an attorney immediately. The State has the burden of proving that parent(s) are unable to care of their child, provide adequate support, or did in fact abuse or neglect their child if those allegations proceed to the juvenile court.
If the State can meet their burden, then the Department of Health and Human Services (DHHS) along with the State, the parents, and the attorneys involved in the case, create a plan with specific things that the parent must do to ensure the safety of their children.
A Guardian ad Litem (GAL) is an attorney appointed by the Court to protect the interests of a juvenile who needs their rights protected in court. GALs are commonly appointed in juvenile court, but can also be appointed in guardianships, adoption matters, or in custody disputes. Ultimately, the Court decides what services are appropriate and should be ordered. If parents are completing all the court ordered services, the case will progress to eventual closure.
Separate juvenile courts also handle matters involving delinquent children. Not all matters referred to the juvenile court authorities are formally processed as cases. Rather, some are dismissed, and others qualify for the diversion process. Delinquency charges that are filed may commence with the juvenile being detained and the prosecutor filing a delinquency petition. The minor will then appear before the juvenile court judge for an arraignment at which time the juvenile will either continue to be detained or released while awaiting hearing. At the hearing, the matter may be handled via a plea agreement, a diversion program (like counseling or restitution) or set for a trial. The disposition hearing (i.e. sentencing) is then set where the judge mandates a rehabilitative sentence (not punitive like in adult criminal court.) Finally, the case will be monitored by the court via status hearings to assess the juvenile’s progress. In Nebraska, a juvenile court may maintain jurisdiction over a juvenile until age 19.
Whether you are a parent accused, a parent who is concerned about your child’s potential delinquency charges or a grandparent who wants to intervene to participate in juvenile court proceedings, the attorneys at McGill Law have experience as attorney advocates and as Guardian ad Litem who can support our clients through these types of cases.