Family Law

Family Law News Issue 4, 2019, Volume 41, No. 4

Dismissed Juvenile Dependency Cases in Family Court

John Nieman and Andrew Cain

John Nieman, Esq., is a Dependency Advocacy Center Founder has been working in Santa Clara’s County’s dependency system as an attorney and supervising attorney for over 21 years. He has partnered and collaborated locally and statewide on numerous workgroups, committees, and task forces in areas such as Domestic Violence, drug courts, CASA, over representation of children of color, Model Courts, dependency mediations, and others. He served as faculty for National Counsel for Juvenile and Family Court Judges and the Administrative Office of the Courts. Mr. Nieman holds an MS in Marriage, Family and Child Counseling, a School Counseling Credential, and worked for several years with children as a substitute teacher, sports coach, and represented youth in juvenile justice court prior to doing dependency work.

Andrew Cain is a Directing Attorney with Legal Advocates for Children and Youth (LACY), a program of the Law Foundation of Silicon Valley. He currently serves as Treasurer of the Child Abuse Prevention Council of Santa Clara County. He previously served as Chair of the State Bar of California, Family Law Section Executive Committee in 2013-14 (then as an Advisor to the California Lawyers Association’s Family Law Executive Committee), and chaired the Northern California chapter of the National Association of Counsel for Children’s legislation/policy work. Mr. Cain was recognized by the American Bar Association with its Child Advocacy Award in 2013.

When a juvenile dependency court terminates its jurisdiction over a minor child who had been adjudged a dependent of the court, it typically makes orders outlining physical and legal custody, as well as visitation as needed. While termination of active jurisdiction can involve finalizing an adoption or after establishment of a guardianship, we focus here on orders issued upon dismissal of the juvenile court’s jurisdiction in cases where one or both parents have child custody.

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