Attorney serving Bentonville,
Bella Vista, Rogers, Springdale,
Fayetteville, Eureka Springs,
Berryville, & surrounding areas
in Northwest Arkansas.
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Department of Human Services
The government has an important responsibility to protect children.  Unfortunately,
sometimes children need to be protected from their own parents.  In these cases, the
Department of Human Services steps in.  DHS can take custody and start a legal
proceeding against parents called Dependency Neglect.  

In a Dependency Neglect case, the State must prove that a child has been neglected or
abused in some way.  Perhaps the home in which they live is not suitable because it is
excessively dirty, has no running water, or other problem.  Perhaps the child has been
physically or sexually abused.  In any of these types of situations, a dependency neglect
case may be started against the parent.

The first hearing may be a probable cause hearing to determine if there was and in
probable cause to believe that the child is in danger in some way.  Because the burden of
proving probable cause is so low, many parents stipulate that probable cause exists.  The
next hearing is called an adjudication hearing.  At the adjudication hearing, the Court will
determine whether the child is in fact dependent-neglected.  

After the adjudication hearing, and sometimes only minutes after the adjudication
hearing, a disposition hearing will be held.  At that time, the court will order the parents
to fix the problem that led to the dependency neglect case.  The Department of Human
Services must do everything they can to help the parents fix the problem.  For example,
if the problem is that the utilities have been turned off, then DHS may provide financial
assistance.  If the problem is that a parent has anger management problems, then
perhaps DHS will provide anger management treatment.  If the problem is drugs, DHS
may provide rehab.

The happy ending of a dependency neglect case is reunification of the parents and child.  
In this case, the parents have done what they were ordered to do to fix the problems
making the child's environment unsafe.  The unhappy ending is that the parents have not
done that, and DHS may move to terminate the parent's parental rights.  

These cases can be extraordinarily difficult emotionally.  Parents facing these problems
need an objective attorney who can help them complete what is required of them and
give them frank assessments of the case.  If parents cannot afford an attorney, one will
be appointed for them.  Either way, an attorney is an absolute must.
The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756
Ph: (479)633-8994        |        Fax: (479)633-8997
All rights reserved.  (c) The Bryant Firm, 2011.
Joshua S. Bryant
Attorney at Law

T
HE BRYANT FIRM, P.A.
9 Halsted Circle
Rogers, AR  72756
(479)633-8994
Fax: (479)633-8997
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