RESPONSE TO DEPENDENCY PETITION

IN THE [FAMILY/JUVENILE/DEPENDENCY] COURT OF [COUNTY] COUNTY

STATE OF [STATE]

In the Matter of:

[CHILD'S INITIALS OR NAME]

A Minor Child

PARENT'S RESPONSE TO PETITION FOR DEPENDENCY

I. IDENTIFICATION OF RESPONDENT

A. Parent/Guardian Information

B. Child Information

II. RESPONSE TO ALLEGATIONS

The Respondent Parent responds to each allegation in the Dependency Petition as follows:

Allegation 1: [STATE THE ALLEGATION]

☐ Admit
☐ Deny
☐ Lack sufficient information to admit or deny

Response/Explanation:
[PROVIDE RESPONSE AND ANY MITIGATING INFORMATION]

Allegation 2: [STATE THE ALLEGATION]

☐ Admit
☐ Deny
☐ Lack sufficient information to admit or deny

Response/Explanation:
[PROVIDE RESPONSE AND ANY MITIGATING INFORMATION]

Allegation 3: [STATE THE ALLEGATION]

☐ Admit
☐ Deny
☐ Lack sufficient information to admit or deny

Response/Explanation:
[PROVIDE RESPONSE AND ANY MITIGATING INFORMATION]

Allegation 4: [STATE THE ALLEGATION]

☐ Admit
☐ Deny
☐ Lack sufficient information to admit or deny

Response/Explanation:
[PROVIDE RESPONSE AND ANY MITIGATING INFORMATION]

(Add additional allegations as necessary)

III. AFFIRMATIVE DEFENSES

Respondent asserts the following affirmative defenses:

☐ Lack of Jurisdiction: The court lacks jurisdiction over this matter because [EXPLAIN].

☐ Improper Venue: Venue is improper in this county because [EXPLAIN].

☐ Insufficient Allegations: The petition fails to state sufficient facts to establish dependency.

☐ Constitutional Violations: The investigation and/or removal violated Respondent's constitutional rights.
- ☐ Fourth Amendment (unreasonable search/seizure)
- ☐ Fourteenth Amendment (due process)
- ☐ Other: [SPECIFY]

☐ ICWA Violations: The Indian Child Welfare Act was violated because [EXPLAIN].

☐ Failure to Provide Reasonable Efforts: The Agency failed to make reasonable efforts to prevent removal or reunify the family.

☐ Changed Circumstances: Circumstances have changed since the petition was filed such that dependency is no longer appropriate.

☐ False/Misleading Information: The petition contains false or misleading information.

☐ Other: [SPECIFY]

IV. INDIAN CHILD WELFARE ACT (ICWA) INQUIRY

ICWA Status:

☐ The child IS or MAY BE an Indian child as defined by ICWA
- Tribe(s): [TRIBE NAME]
- Enrollment No.: [NUMBER] (if known)
- Eligible for membership through: [PARENT/GRANDPARENT]

☐ The child is NOT an Indian child

☐ Unknown - Further inquiry needed

If ICWA Applies, Respondent Requests:

☐ Transfer to Tribal Court
☐ Notice to Tribe(s)
☐ Appointment of ICWA-qualified expert witness
☐ Application of ICWA placement preferences
☐ Active efforts to prevent breakup of Indian family

V. RESPONDENT'S POSITION ON DETENTION/PLACEMENT

A. Current Placement Status

☐ Child remains in parental home
☐ Child was removed and is currently placed:
- ☐ Relative: [NAME, RELATIONSHIP]
- ☐ Foster care
- ☐ Shelter/group home
- ☐ Other: [SPECIFY]

B. Respondent's Position on Placement

☐ Request Immediate Return of Child: The child should be returned to Respondent's care immediately because:
[EXPLAIN WHY RETURN IS SAFE AND APPROPRIATE]
☐ Accept Temporary Placement with Conditions: Respondent accepts temporary out-of-home placement with the following conditions:
[SPECIFY CONDITIONS]
☐ Propose Alternative Placement: If the child cannot be returned to Respondent, the child should be placed with:
- Name: [NAME]
- Relationship: [RELATIONSHIP]
- Address: [ADDRESS]
- Reason: [EXPLAIN]

VI. PROPOSED FAMILY PRESERVATION/SAFETY PLAN

If the Court has concerns about the child's safety, Respondent proposes the following safety plan:

A. Safety Concerns Addressed

B. Services Respondent is Willing to Participate In

☐ Parenting classes
☐ Substance abuse assessment/treatment
☐ Mental health evaluation/treatment
☐ Domestic violence counseling
☐ Anger management
☐ Family counseling
☐ Individual therapy
☐ Housing assistance
☐ Employment assistance
☐ Other: [SPECIFY]

C. Protective Measures

☐ Willing to agree to supervision by [NAME]
☐ Willing to exclude certain individuals from home: [NAMES]
☐ Willing to submit to drug testing
☐ Willing to participate in family team meetings
☐ Other: [SPECIFY]

VII. VISITATION REQUEST

☐ Respondent requests liberal visitation with the child(ren)
☐ Proposed visitation schedule:

Special Visitation Requests:

☐ Telephone/video contact
☐ Attendance at school events
☐ Attendance at medical appointments
☐ Attendance at extracurricular activities
☐ Holiday/birthday visitation
☐ Overnight visitation (if appropriate)
☐ Other: [SPECIFY]

VIII. REQUESTS REGARDING SERVICES

A. Services Already Engaged

Respondent is currently participating in the following services:

B. Services Requested

Respondent requests that the Agency provide/facilitate the following services:

☐ Housing assistance
☐ Substance abuse treatment
☐ Mental health services
☐ Parenting education
☐ Domestic violence services
☐ Transportation assistance
☐ Childcare assistance
☐ Employment services
☐ Immigration assistance
☐ Legal services for collateral matters
☐ Interpreter services (Language: _____________)
☐ Other: [SPECIFY]

IX. PROCEDURAL REQUESTS

Respondent makes the following procedural requests:

☐ Request for Discovery: Provide all reports, assessments, and documents supporting the petition

☐ Request for Continuance: [STATE REASON]

☐ Request for Appointed Counsel: Respondent is indigent and requests appointment of counsel

☐ Request for Guardian ad Litem/CASA: Respondent requests appointment of GAL/CASA for the child

☐ Request for Independent Evaluation: Respondent requests independent evaluation(s) of:
- ☐ Child
- ☐ Parent
- ☐ Home
- ☐ Other: [SPECIFY]

☐ Request for Expedited Hearing: [STATE REASON FOR EXPEDITED HEARING]

☐ Request for Family Team Meeting: Respondent requests a family team meeting/family group conference

STATE-SPECIFIC NOTES

California

Welfare & Institutions Code 300 Categories:
- 300(a): Serious physical harm inflicted nonaccidentally
- 300(b): Failure to protect/neglect
- 300(c): Serious emotional damage
- 300(d): Sexual abuse
- 300(e): Severe physical abuse (under 5)
- 300(f): Death of another child due to abuse/neglect
- 300(g): Left without provision for support
- 300(i): Cruelty
- 300(j): Sibling abuse/neglect

Key Timeframes:
- Detention hearing: Within 48 hours (court days)
- Jurisdiction hearing: Within 15 days (detained) or 30 days (not detained)
- Disposition hearing: Within 10 days of jurisdiction

Parent's Rights:
- Right to counsel (appointed if indigent)
- Right to present evidence
- Right to cross-examine witnesses
- Right to visitation

Texas

Family Code Chapter 262-263:
- Adversary hearing within 14 days of removal
- Status hearing within 60 days
- Permanency hearing within 12 months

Grounds for Removal (262.201):
- Danger to physical health or safety
- Urgent need for protection
- No reasonable means to protect without removal

Parent's Rights:
- Right to counsel (appointed)
- Right to service plan
- Right to visitation

Florida

Chapter 39, Florida Statutes:
- Shelter hearing within 24 hours
- Arraignment within 28 days
- Adjudicatory hearing within 120 days

Grounds (39.01):
- Abuse
- Neglect
- Abandonment
- Child in need of supervision

Parent's Rights:
- Right to counsel
- Right to present evidence
- Right to case plan within 60 days

New York

Family Court Act Article 10:
- Initial appearance within 72 hours
- Fact-finding hearing within 60 days (3 days if removed)
- Disposition within 50 days of fact-finding

Categories:
- Abuse (physical/sexual)
- Neglect
- Severe abuse
- Repeated abuse

Parent's Rights:
- Right to counsel (18-B attorney)
- Right to present evidence
- Right to services

X. REASONABLE EFFORTS

A. Pre-Removal Efforts

Respondent contends that the Agency did NOT make reasonable efforts to prevent removal because:

☐ No services were offered prior to removal
☐ Services offered were inadequate: [EXPLAIN]
☐ Services were not culturally appropriate
☐ Services were not accessible to Respondent: [EXPLAIN]
☐ Respondent was not given opportunity to address concerns
☐ Other: [EXPLAIN]

B. Post-Removal Efforts

Respondent requests that the Agency make reasonable efforts toward reunification by:

☐ Providing timely referrals for services
☐ Ensuring services are accessible and appropriate
☐ Facilitating frequent and meaningful visitation
☐ Assisting with housing/employment
☐ Providing transportation
☐ Coordinating with service providers
☐ Other: [SPECIFY]

XI. CONCLUSION

WHEREFORE, Respondent respectfully requests that this Court:

1. ☐ Dismiss the Dependency Petition for failure to state sufficient grounds

2. ☐ Return the child(ren) to Respondent's care immediately

3. ☐ Order the Agency to provide reasonable efforts and services toward reunification

4. ☐ Order liberal visitation between Respondent and child(ren)

5. ☐ Appoint counsel for Respondent (if not already represented)

6. ☐ Appoint a Guardian ad Litem/CASA for the child(ren)

7. ☐ Order compliance with ICWA requirements

8. ☐ Approve the proposed safety plan as an alternative to removal

9. ☐ Grant such other and further relief as the Court deems just and appropriate

RESPECTFULLY SUBMITTED,

_________________________________
[ATTORNEY NAME] / [RESPONDENT NAME, if pro se]
Bar No. [NUMBER]
[FIRM NAME/ADDRESS]
[PHONE]
[EMAIL]

Date: _______________

VERIFICATION

STATE OF [STATE]
COUNTY OF [COUNTY]

I, [RESPONDENT NAME], declare under penalty of perjury that I have read the foregoing Response, that I understand its contents, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
RESPONDENT SIGNATURE

Date: _______________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Response has been served upon:

☐ [AGENCY/PETITIONER NAME], [ADDRESS]
☐ [CHILD'S ATTORNEY/GAL], [ADDRESS]
☐ [OTHER PARENT], [ADDRESS]
☐ [OTHER PARTIES], [ADDRESS]

Method: ☐ Personal Delivery ☐ Mail ☐ Electronic Service

Date: _______________

_________________________________
[SIGNATURE]

ATTACHMENTS

☐ Proposed Safety Plan
☐ Service Enrollment Verification
☐ Character Reference Letters
☐ Housing Documentation
☐ Employment Verification
☐ Proposed Alternative Placement Information
☐ ICWA Documentation (if applicable)
☐ Other: [SPECIFY]