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DHS Support Centers >  Law >  Services >  Legal Procedures > Dependent Petition

Dependent Petition

There are several types of dependent petitions, and each has a different filing deadline.

  • A dependent petition must be filed within 24 hours after a child has been placed pursuant to either a Voluntary Placement Agreement or a Order for Protective Custody.
  • A petition to compel cooperation with a CPS or GPS investigation must be filed with 60 days after a CPS or GPS report was received by DHS.
  • A permanency petition alleging that aggravated circumstances exist must be filed within 21 days after DHS learns that aggravated circumstances may exist.
  • A dependent petition that is filed pursuant to a court order must be filed as soon a possible or by the date ordered by the judge.
  • A dependent petition is filed as soon as possible after the DHS social worker determines that there is a reasonable belief that a child is dependent pursuant to one of the Juvenile Act definitions of a dependent child.

To have a petition drafted:
  • DHS social workers should make an appointment with their unit's permanency legal assistant
  • If the DHS social worker’s unit does not have a permanency legal assistant, he/she should contact the legal assistant on duty for the day
  • Social workers should bring the entire DHS file to assist the legal assistant in drafting the petition. In particular, it is important for the social worker to bring the VPA, Order for Protective Custody, and case history.

The City Solicitor’s Office sends a copy of the petition to the child's parents, legal guardian or legal custodian by first class U.S. mail. Because the Court requires that DHS prove that the child's parents, legal guardian or legal custodian have received notice of the court hearing scheduled pursuant to the filed dependent petition, social workers should also contact these individuals to make sure that they received the petition and are aware of the date of the court hearing.

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