Intro
What is dependency and neglect? What does it mean in legal terms? This post will cover some of the basic information of dependency and neglect in court so that you have a fundamental understanding of what is going on in your trial. It’s important to understand what’s going on, rather than going with whatever your lawyer tells you. At Hairston & Associates, we value your opinion and do everything we can to make sure you feel heard.
What is Dependency & Neglect?
Dependency & neglect is any abuse of a child that endangers their wellbeing. A court will determine dependency and neglect when a parent is observed to take improper or unlawful care of a child. A court has the ability to transfer custody of a child to someone else if they’re found being dependent and neglected, and can even terminate the rights of parents if it’s found to be in the best interest of the child. Often, the Department of Child Services (DCS) will take children out of their parents improper and usually endangering care, and place them in close relatives’ homes for better, safer care. A child that is dependent and neglected, pursuant to T.C.A. §37-1-102(b)(13) is a child:
- Who has no parent or custodian around to support them
- Who has a parent or custodian who is found incapable of supporting the child due to reasons like; mental incapacity, cruelty, immorality, or depravity
- Who is under an unlawful or improper care from any federal, state, or local organization, institution, corporation, agency
- Who has been kept out of school willfully
- Who has a parent or custodian unwilling to provide medical care
- Who has been found doing something unlawful or illegal due to lack of supervision
- Who has been found in such a state of want or need as to injure or endanger themselves or other children
- Who suffer from physical abuse or neglect
- Who has been under the guardianship of a non-family member for six (6) consecutive months, and that person has not sought legal custody
- Who has been allowed or encouraged to view or participate in explicit materials and acts
- Who has been the sole financial provider and physical caregiver for at least 18 months
Children who are dependent and neglected fit one, or often more, of these criteria. Children who are dependent and neglected also face Adverse Childhood Experiences, or ACE’s. ACE’s affect children’s cognitive, emotional, mental, and social development. If a parents’ rights have been terminated, DCS will take legal custody of that child, and place them in foster homes until they are adopted. Around 205,000 children enter the foster system annually, compared to the 215,000 that leave the system. Of that number, 47% are children who go back to their primary caregivers, 25% are children being adopted, and 9% are children who age out of the system.
What Happens to a Child if They’re Found Dependent & Neglected?
Because of the problem neglect poses on children, there are solutions. Children who’ve been found dependent and neglected are most often placed with the alternate parent or other relatives until their primary parent corrects their actions and gets back up on their feet. If a child has been in temporary care of another, that person can adopt the child. However, adopting children who already have legal guardians isn’t possible. If you want to adopt a child through the foster care system, and their parents still have a legal guardianship over them, you can petition for the termination of the parents’ rights. Following guidelines set out in T.C.A. §36-1-113, a parents’ rights can only be terminated if it has been proven to the court that that decision is in the best interest of the child.
However, what is not accounted for is the long and short term effects of living dependent & neglected as a child. Or, if they were dependent & neglected and put in the foster system, then adopted? What are the effects of the foster system in America, but more importantly, right here in Tennessee. As stated before, children who are living dependent and neglected often face other difficulties in their lives. ACE’s, or Adverse Childhood Experiences, are “potentially traumatic events that occur in childhood”. ACE’s have a lasting effect on the mental and physical well being of children, and these effects can last years, all the way to adulthood, even affecting their own children. ACE’s can increase your risk for sexually transmitted diseases, maternal health problems, and suicide. Your risk of cancer, diabetes, heart diseases, depression, stress, and toxic stress also increase the more you experience ACE’s. Prolonged toxic stress can impact the growth and development of a child’s brain, and in turn affects the attention span, learning, and decision making skills of the child.
What Can I Do if my Child is Found Dependent & Neglected?
If the court has decided your child is in fact, dependent and neglected, your child is either going to be placed with your co-parent, your co-parent’s family, your family, or if none of them are able and willing, a safe environment in the foster system. The child will be in that home for the remainder of the court proceedings, and until you have corrected your actions. You can appeal the charge, however you must bring new, clear & convincing evidence. Regardless of preferences of anyone, the court will make decisions based on the best possible interest and outcome for the child. When transferring custody or establishing guardianship, the adult must fit the criteria set forth in T.C.A. §36-6-106 and T.C.A. §34-1-102, respectively.
Conclusion
Dependency & Neglect is a tough topic, both to learn about and to have to go through. Children are the most vulnerable, and every parent should do everything they can to give their child what they deserve. Dependent and neglected children have a higher risk for mental, emotional and physical ailments, like toxic stress, depression, suicide, cancer, or heart diseases. It’s unfair to put a child in this situation. If your own child is experiencing any of these situations, call Hairston & Associates so we can help, there’s nothing we’d rather do.
DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.
Foster statistics (https://www.aecf.org/blog/child-welfare-and-foster-care-statistics)
ACE statistics (https://www.cdc.gov/aces/about/index.html)