Dual jurisdiction and overlap with Dependency Court
Santa Clara County is one of a few “dual jurisdiction” counties in California. This means the county has two separate court systems for youth involved in the dependency system and youth involved in juvenile justice system (The dependency system is involved when a youth is suspected of being a victim or abuse or neglect). If a youth has contact with the Probation Department following a referral or arrest by the police, and the probation officer believes the youth may be suffering from abuse or neglect in the home, the probation officer will make a referral to the Department of Family and Children Services (DFCS) to investigate. DFCS is the lead agency for dependency system investigations. If the youth’s case is being handled informally by the Probation Department, the youth’s parent/guardian may be referred for voluntary services through DFCS or required to appear in Dependency Court.
Youth in the dependency system receive legal representation from Legal Advocates for Children and Youth (LACY) and the parents are often represented by the Dependency Advocacy Center (DAC).
If the youth has a petition filed and is given a court date in juvenile justice court, the Probation Department, District Attorney, or defense attorney may request a Welfare and Institutions Code § 241.1 report based on a belief that the youth may be suffering from abuse or neglect at home. If the Court orders a Welfare and Institutions Code § 241.1 report, the youth’s case will be heard on a specialized court calendar for Dually Involved Youth (DIY)—youth involved in both the dependency and juvenile justice systems. The DIY court responds to cases with the help of a collaborative unit of staff from the Probation Department, DFCS, and Behavioral Health Department. This unit interviews the youth and the family, assesses the home environment, and develops a case plan to support and ensure the safety of the youth.
There are different possible outcomes for a youth being dually involved. A youth may start by having an open case in dependency court and an open case in juvenile justice court, with both cases open for months. Other youth may end up having either the dependency or the juvenile justice case dismissed if the youth’s needs may be better served or have already been addressed by one of the two courts. Sometimes, after further investigation or informal interventions, the parties agree that the youth and family should not remain in either system.
Not all youth who experience abuse or neglect will have a dependency case opened, but it is important for the youth’s attorney to know about these issues to provide the best legal advice and representation. A youth is encouraged to openly discuss these issues with their attorney, so the attorney knows how best to proceed.