Fighting Allegations of Neglect: Your Rights in Juvenile Court

When a child protection case begins with your name on it, everything changes.

It doesn’t matter if the allegations are false, exaggerated, or misunderstood—once the system is involved, the pressure is real. You may feel like you’re under a microscope, struggling to defend your parenting while navigating a process that feels stacked against you.

At Dunsing Law in Denver, we’ve seen how painful and confusing dependency and neglect (D&N) cases can be. You don’t just need legal help—you need a calm, experienced guide who will fight for your rights while helping you stay focused on what matters most: your children, your future, and your peace of mind.

Let’s walk through what you need to know.

What Is a Dependency and Neglect Case?

A D&N case starts when someone—usually a teacher, doctor, neighbor, or police officer—files a report to child welfare claiming your child may be unsafe. This triggers a formal investigation by the Department of Human Services.

If the department believes the child is dependent (i.e., not getting proper care) or neglected, they’ll ask the juvenile court to intervene.

In Colorado, this can lead to:

🔷 Temporary removal of your children
🔷 Court-ordered services
🔷 Mandatory parenting classes, evaluations, or treatment
🔷 Permanent custody changes, in extreme cases

Many parents are shocked to learn that this system operates differently than criminal court. The focus is on the child’s well-being—not on punishing parents. But that doesn’t mean your rights aren’t at risk.

The Shelter Hearing: Your First Critical Step

If your child is removed from your care, the court will hold a shelter hearing within 72 hours. This is one of the most important moments in your case.

At this hearing, the judge will decide whether your child should remain in foster care (or with a relative) or can return home with safety measures.

You have the right to:

🔷 Be present and represented by an attorney
🔷 Present evidence
🔷 Cross-examine witnesses
🔷 Propose alternative safety plans

Even if the allegations are false, silence or delay can be costly. Having a skilled attorney at this stage helps ensure the judge hears your voice—not just the narrative from social services.

Understanding the Legal Standards: “Best Interests of the Child”

Colorado juvenile courts operate under one guiding principle: the best interests of the child.

That sounds simple, but in practice it’s complex. Judges weigh factors like:

🔷 Stability of the home environment
🔷 Past or ongoing substance use, mental health issues, or domestic violence
🔷 Willingness to follow treatment plans
🔷 The strength of the parent-child bond

In some cases, even a single incident—like leaving a child unsupervised or a messy house—can trigger intervention if it’s perceived as part of a larger pattern.

Our job is to show the court the full context of your life, your commitment to your children, and the steps you’ve already taken to address concerns.

Reunification Is the Goal—But You Must Act Quickly

Most D&N cases begin with the goal of reunification—restoring the family once safety concerns are resolved.

But reunification isn’t automatic.

You’ll be asked to follow a treatment plan set by the department. This may include:

🔷 Drug or alcohol testing
🔷 Mental health evaluations or therapy
🔷 Parenting classes
🔷 Supervised visitation

You have the right to question this plan, request changes, or propose alternatives. But every missed step can be used against you. That’s why strategic legal support is critical from day one.

What If the Allegations Are False or Misleading?

This happens more often than people realize.

🔷 A neighbor misunderstands a loud argument
🔷 A teacher reports bruises from rough play
🔷 A custody battle spills over into accusations

Once a report is filed, child welfare is required to investigate. Even baseless claims can spiral into court orders, evaluations, and months of supervision.

You don’t have to prove you’re a perfect parent—but we will help you prove you’re a safe, caring one. We gather evidence, interview witnesses, and build a narrative that reflects your truth, not just theirs.

Your Rights Matter—Here’s What You Can Expect

Throughout a D&N case, you have rights. It’s important you understand and use them:

🔷 Right to an Attorney – You can (and should) have legal representation at every stage
🔷 Right to Be Heard – You can testify, submit documents, and present your side
🔷 Right to Appeal – If the court rules against you, you can seek a higher review
🔷 Right to a Treatment Plan You Can Follow – It must be realistic, not punitive
🔷 Right to Reunify – Unless the court finds serious, ongoing danger

Having an experienced attorney means those rights are protected—and exercised wisely.

What Happens If You Do Nothing?

Ignoring or delaying in a D&N case is one of the most dangerous things you can do.

Every day that passes without action increases the risk of:

🔷 Losing custody, even temporarily
🔷 Damaging your credibility with the court
🔷 Extended state involvement in your life
🔷 Permanent placement of your child elsewhere

The system isn’t built to wait. But you don’t have to navigate it alone.

Why Parents Choose Dunsing Law

At Dunsing Law, we don’t just handle court filings—we help families rebuild.

Our clients come to us anxious, angry, afraid. We meet them with calm, clarity, and a concrete plan.

We work quickly to:

🔷 Challenge false allegations
🔷 Negotiate safer, fairer treatment plans
🔷 Reduce unnecessary state intrusion
🔷 Help you tell your story with strength and integrity
🔷 Guide you toward resolution—not just survival

Whether your case is just starting or already underway, we can help you take the next right step.

Final Thought: From Crisis to Clarity

A dependency and neglect case doesn’t define you.

It’s a moment in time—one that feels overwhelming, yes, but one you can move through with the right support.

You’re not alone. You’re not powerless. And you’re not done being the parent your children need.

Start with a Free, Confidential Consultation

If you’ve been contacted by child welfare—or fear that you might be—don’t wait to find out how bad it could get.

🔷 Call Dunsing Law at (303) 807-1242
🔷 Visit us at dunsing-law.com
🔷 Meet us at 1776 S Jackson St #1107, Denver, CO 80210

Your rights are real. Your story matters. And your next chapter can start here—with clarity, confidence, and a plan.