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Intervention in a DCS Case by Relatives and Foster Parents

What does it mean to be a party to a case?

Just because you are related to the child in a case does not mean that you are a legal party to the case. Being a party to the case provides you with additional rights and privileges such as:

  • Having the ability to file pleadings with the court;
  • Receiving copies of disclosure;
  • Being able to make legal arguments to the Judge;
  • Or sitting up front with the other parties.

How to intervene in a Department of Child Safety (DCS) case?

Inform the Judge that you will be filing a Motion to Intervene on the case. Provide a copy of the Motion to all parties in the case. The Judge will look into the following factors to determine whether intervention is appropriate.

  • Nature and extent of the intervener’s interest;
  • His/her standing to raise relevant legal issues;
  • Legal position s/he seeks to advance and its relation to the merits of the case;
  • Whether intervenors’ interest are adequately represented by other parties;
  • Whether intervention will prolong or unduly delay the litigation; and
  • Whether parties seeking intervention will significantly contribute to the factual issues in the case.

The other parties to the case have the right to object to your motion. This does not automatically invalidate the Motion but the Judge will take the party’s objections into consideration. Intervention is not an easy process and varies with each individual case. 

At Kile & Kupiszewski we have over 20 years of experience in the area of juvenile dependency law representing parents, grandparents, relatives and foster parents. Having a child in foster care is emotionally difficult for everyone involved. Deciding whether or not to intervene in a matter is an important strategic option but is not always the right choice. Our juvenile law team knows the child welfare system and can guide you through the process and exploring the legal options that best fits your situation. Call today at 480-348-1590 to discuss your matter and explore your legal options. 

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