States have the obligation to protect children, and if a child\'s health, safety, and physical and emotional well-being are in peril by virtue of being with the parents, the child will be removed from the parents\' custody.

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A dependency petition is brought by any interested party (usually a relative) and alleges that a parent is not able to care for a child for some reason. The parent may have a drug problem or a physical problem that makes caring for the child impossible. The court performs a home-study and decides if the petitioner should have the custody of the child.

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Most states will make every effort to rehabilitate the parent(s) and reunite the family.

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If the state finds that the parent should not be reunited with the child, and if it is in the best interest of the child, the parent\'s rights will be terminated.

Family Law