The Illusion of Appellate Review in Dependency Proceedings

• DOI: http://doi.org/10.1111/jfcj.12087
• Published date: 01 March 2017
• Date: 01 March 2017
• Author: Alicia LeVezu

The Illusion of Appellate Review in Dependency

Proceedings

By Alicia LeVezu

ABSTRACT

In the realm of state trial courts, child abuse and neglect (dependency) proceed-

ings are unique. Dependency proceedings place courts in the position, not of deter-

mining an ultimate result, but of overseeing the ongoing actions of a state agency.

The court proceedings can continue on up to twenty-one years without a culminat-

ing trial. We must revise our rules of appellate procedure to protect review of depen-

dency decisions so that children and families have the access to justice they deserve.

Key words: juvenile, dependency, civil procedure, children’s rights, children’s law, family law,

social justice, civil rights, foster care.

INTRODUCTION

In the realm of state trial courts, child abuse and neglect (dependency) proceedings

are unique. A traditional court case starts with a list of grievances by one party and ends

with a settlement or trial resolving those grievances on the merits. However, the depen-

dency proceedings that accompany a child’s entry into foster care are different. Depen-

dency proceedings place courts in the position of not only determining an ultimate

result, but overseeing the ongoing actions of a state agency. The dependency trial (if it

takes place at all) happens near the beginning of the case, not the end. Once a child is

found dependent, review hearings are ongoing throughout a child’s time in the foster

Alicia LeVezu is an Acting Instructor with the Children and Youth Advocacy Clinic at the Univer-

sity of Washington School of Law. Her work focuses on expanding access to legal representation for youth in

the child welfare system in Washington state through research and community education, litigation and leg-

islative advocacy. Alicia is a 2014 graduate of Yale Law School, where she was a co-recipient of the Florence

M. Kelley Prize for Exceptional Interest or Achievement in the Area of Family Law.

The author would like to thank Casey Trupin who provided the inspiration for this article with his

remarks at the 2016 Rethinking Foster Care Symposium, and provided helpful comments and edits. The

author would also like to thank Professor Josh Gupta-Kagan who also provided thoughtful comments on

this article.

Juvenile and Family Court Journal 68, No. 1

©2017 National Council of Juvenile and Family Court Judges

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