By Kenneth M. Stern, Esq. The dependency system is not designed so judicial officers will objectively, fairly and rationally make decisions based upon accurate information. The problem arises as judicial officers rely almost exclusively upon information, frequently incorrect, provided by the social workers.
Some judicial officers act as rubber stamps for social workers' recommendations.
This creates a climate for social workers to be haphazard in their investigations and disingenuous in their recommendations. It eliminates checks and balances judicial officers were intended to provide. Only through a judicial system applying due process can judicial officers engage in accurate fact finding. Only through effective representation of counsel, the right to fair hearings, the right to confront and cross-examine accusers and the right to present evidence, can there be confidence decisions are made upon accurate information. Due process in many dependency courts, unfortunately, can be an illusionary subterfuge, deceiving the public into believing children are protected, when they are not.