How does a hearing in front of the Judge get started regarding a dependency case?
Typically, an investigation begins once a report is received by DCF or law enforcement that alleges abuse, abandonment or neglect of a minor child. The investigation will determine whether there is a need to provide services to ensure the safety of the child in the home or if the child must be removed from the care of the parent/custodian and placed in the temporary custody of DCF for shelter care. If the child is removed, a shelter hearing will be held within 24 hours. The investigator or child welfare worker will advise where and when the shelter hearing will occur.
What is a shelter hearing?
A shelter hearing will occur within 24 hours of a child’s removal from his or her parent/custodian. Upon removal, someone from child welfare services will inform the parent/ custodian where and when this hearing will occur. At this hearing, the Judge will determine whether there is probable cause for the child to remain in shelter care to ensure the child’s safety. Shelter placement may be with a relative, a non-relative or at a licensed DCF home/facility. The parent/custodian will be provided with an attorney if he/she cannot afford to hire one. A Guardian Ad Litem may be appointed to represent the best interest of the child. Any other hearings regarding the issues in the case may be determined at this time. The next hearing will most likely be an “arraignment” hearing. Prior to the arraignment date, DCF will file a Petition for Dependency that states the allegations that brought the case before the Court.
What is an arraignment hearing?
An arraignment hearing is when the parent/custodian has an opportunity to answer the allegations contained in the dependency petition. This allows the Court to read and consider the allegations while determining issues like custody, visitation, counseling or any other needs that should be addressed at this time. If not already in place, an attorney may be appointed to the parent at this time. There are different ways a parent/custodian may answer the allegations in the petition.
Ways to answer to the dependency petition at an arraignment hearing:
If a parent/custodian admits or consents to the dependency allegations, the Court will typically direct DCF to prepare a Case Plan to determine the steps needed for the family to resolve the issues that brought the case before the Judge. The case will then be set for a “disposition” hearing.
What happens if I deny the allegations in the dependency petition?
If the allegations are denied, DCF will have to prove the allegations against the parent/custodian and the parent/custodian will have to defend the allegations. A trial will be held, and all parties involved will have a chance to call witnesses to prove their side of the case. If a denial is entered, the case most likely will be set for “pre-adjudicatory” (pre-trial) and “adjudicatory” (trial) hearings.
What is an adjudicatory hearing?
An adjudicatory hearing is the same thing as a trial. It is a hearing where witnesses may be called to testify about the allegations in the case. There is no jury. The Judge will rule on the finding of dependency. The court may adjudicate the child to be a dependent child or withhold adjudication. In either instance, the case will then proceed to a disposition hearing. If the Court finds that the allegations have not been proven, the case may be dismissed.
What is a disposition hearing?
A disposition hearing is when the Judge considers the recommendations by DCF for the family to ensure a safe and stable environment for the child. It is the time where a formal order is made containing the findings by the Judge. At this point, DCF will provide a “case plan” or plan for the parent(s) to follow in order to alleviate the need for services by DCF and the Court. If the case plan is not in place at this time, it will be shortly. At this hearing, the Judge may also advise of the need for a future “judicial review” hearing and “permanency” hearing if appropriate.
What is a judicial review hearing?
The Court will hold a judicial review hearing a few months after the disposition in the case. The judicial review is held so the Judge can get an update on the case, review the placement and see how the child is doing, evaluate what services are being provided by DCF and determine if everyone involved is doing what they are supposed to do as agreed upon in the case plan. There may be another future judicial review hearing set at this time.
What is a permanency hearing?
The goal of dependency proceedings is to protect and ensure safety to children, assist families in resolving the problems that brought the case before the Judge and establish a permanent resolution and placement for any child involved in this type of case. The intent is for a permanency goal to be established and ordered within one year of a child’s removal from a parent/custodian. Permanency may mean reunification, long-term custody with another caregiver, or foster care, and in some cases, termination of the parents’ rights and adoption.
What is mediation?
If the Judge sends you to mediation, you most likely have denied the allegations in the petition against you. Mediation is a chance for all of the people involved in the case to sit down with a neutral third person, called a mediator, and try and come up with an agreement that is mutually acceptable and voluntary by all parties. It offers you a chance to discuss your options if you should agree to services. The contents of what will be in the case plan will be discussed, and this discussion and plan will occur based on what is in the best interest of the child. Once the mediation is complete, the mediator will file a report on the overall outcome of the mediation. In some instances, DCF may hold a “Case Planning Conference”.
This is basically the same as a mediation however a certified mediator is not involved. It usually involves just the parties in the case and is set up to discuss and develop a resolution so you may begin working on assigned tasks as quickly as possible. Any discussions that occur during a mediation or case planning conference are private and only those areas written in your agreement or plan are disclosed.
What is a case plan?
During the dependency process, DCF, the lawyers in the case and the parent/custodian will have an
opportunity to discuss a plan or written agreement as to the tasks that need to be completed before the Court and DCF withdraw their involvement in the case. The case plan spells out what is expected from all of the parties, including the parent/custodian, child, DCF, Guardian Ad Litem, and any temporary custodian. A case plan puts everyone on notice as to what is required and by whom. The terms of the plan are usually negotiated face-to-face with everyone involved in the case. The agreement will address what tasks need to be met, time frames and other issues like visitation. The Judge will review the case plan and make decisions on any areas of disagreement. If you choose not to be involved in creating the plan, the Court may approve the plan regardless of your lack of participation. Your participation in creating the case plan is very important in resolving the issue that brought the case before the Judge. Lack of participation could lead to a change in the goal or outcome of the case - resulting in long term custody with someone other than the parent, termination of parental rights and possibly adoption by another party.
Typically, an investigation begins once a report is received by DCF or law enforcement that alleges abuse, abandonment or neglect of a minor child. The investigation will determine whether there is a need to provide services to ensure the safety of the child in the home or if the child must be removed from the care of the parent/custodian and placed in the temporary custody of DCF for shelter care. If the child is removed, a shelter hearing will be held within 24 hours. The investigator or child welfare worker will advise where and when the shelter hearing will occur.
What is a shelter hearing?
A shelter hearing will occur within 24 hours of a child’s removal from his or her parent/custodian. Upon removal, someone from child welfare services will inform the parent/ custodian where and when this hearing will occur. At this hearing, the Judge will determine whether there is probable cause for the child to remain in shelter care to ensure the child’s safety. Shelter placement may be with a relative, a non-relative or at a licensed DCF home/facility. The parent/custodian will be provided with an attorney if he/she cannot afford to hire one. A Guardian Ad Litem may be appointed to represent the best interest of the child. Any other hearings regarding the issues in the case may be determined at this time. The next hearing will most likely be an “arraignment” hearing. Prior to the arraignment date, DCF will file a Petition for Dependency that states the allegations that brought the case before the Court.
What is an arraignment hearing?
An arraignment hearing is when the parent/custodian has an opportunity to answer the allegations contained in the dependency petition. This allows the Court to read and consider the allegations while determining issues like custody, visitation, counseling or any other needs that should be addressed at this time. If not already in place, an attorney may be appointed to the parent at this time. There are different ways a parent/custodian may answer the allegations in the petition.
Ways to answer to the dependency petition at an arraignment hearing:
- Admit: Admits the allegations within the dependency petition
- Consent: Does not admit or deny the allegations within the dependency petition but allows the Court to be involved in the decisions made for the family and to go forward with a case plan.
- Deny: Denies the allegations within the dependency petition.
If a parent/custodian admits or consents to the dependency allegations, the Court will typically direct DCF to prepare a Case Plan to determine the steps needed for the family to resolve the issues that brought the case before the Judge. The case will then be set for a “disposition” hearing.
What happens if I deny the allegations in the dependency petition?
If the allegations are denied, DCF will have to prove the allegations against the parent/custodian and the parent/custodian will have to defend the allegations. A trial will be held, and all parties involved will have a chance to call witnesses to prove their side of the case. If a denial is entered, the case most likely will be set for “pre-adjudicatory” (pre-trial) and “adjudicatory” (trial) hearings.
What is an adjudicatory hearing?
An adjudicatory hearing is the same thing as a trial. It is a hearing where witnesses may be called to testify about the allegations in the case. There is no jury. The Judge will rule on the finding of dependency. The court may adjudicate the child to be a dependent child or withhold adjudication. In either instance, the case will then proceed to a disposition hearing. If the Court finds that the allegations have not been proven, the case may be dismissed.
What is a disposition hearing?
A disposition hearing is when the Judge considers the recommendations by DCF for the family to ensure a safe and stable environment for the child. It is the time where a formal order is made containing the findings by the Judge. At this point, DCF will provide a “case plan” or plan for the parent(s) to follow in order to alleviate the need for services by DCF and the Court. If the case plan is not in place at this time, it will be shortly. At this hearing, the Judge may also advise of the need for a future “judicial review” hearing and “permanency” hearing if appropriate.
What is a judicial review hearing?
The Court will hold a judicial review hearing a few months after the disposition in the case. The judicial review is held so the Judge can get an update on the case, review the placement and see how the child is doing, evaluate what services are being provided by DCF and determine if everyone involved is doing what they are supposed to do as agreed upon in the case plan. There may be another future judicial review hearing set at this time.
What is a permanency hearing?
The goal of dependency proceedings is to protect and ensure safety to children, assist families in resolving the problems that brought the case before the Judge and establish a permanent resolution and placement for any child involved in this type of case. The intent is for a permanency goal to be established and ordered within one year of a child’s removal from a parent/custodian. Permanency may mean reunification, long-term custody with another caregiver, or foster care, and in some cases, termination of the parents’ rights and adoption.
What is mediation?
If the Judge sends you to mediation, you most likely have denied the allegations in the petition against you. Mediation is a chance for all of the people involved in the case to sit down with a neutral third person, called a mediator, and try and come up with an agreement that is mutually acceptable and voluntary by all parties. It offers you a chance to discuss your options if you should agree to services. The contents of what will be in the case plan will be discussed, and this discussion and plan will occur based on what is in the best interest of the child. Once the mediation is complete, the mediator will file a report on the overall outcome of the mediation. In some instances, DCF may hold a “Case Planning Conference”.
This is basically the same as a mediation however a certified mediator is not involved. It usually involves just the parties in the case and is set up to discuss and develop a resolution so you may begin working on assigned tasks as quickly as possible. Any discussions that occur during a mediation or case planning conference are private and only those areas written in your agreement or plan are disclosed.
What is a case plan?
During the dependency process, DCF, the lawyers in the case and the parent/custodian will have an
opportunity to discuss a plan or written agreement as to the tasks that need to be completed before the Court and DCF withdraw their involvement in the case. The case plan spells out what is expected from all of the parties, including the parent/custodian, child, DCF, Guardian Ad Litem, and any temporary custodian. A case plan puts everyone on notice as to what is required and by whom. The terms of the plan are usually negotiated face-to-face with everyone involved in the case. The agreement will address what tasks need to be met, time frames and other issues like visitation. The Judge will review the case plan and make decisions on any areas of disagreement. If you choose not to be involved in creating the plan, the Court may approve the plan regardless of your lack of participation. Your participation in creating the case plan is very important in resolving the issue that brought the case before the Judge. Lack of participation could lead to a change in the goal or outcome of the case - resulting in long term custody with someone other than the parent, termination of parental rights and possibly adoption by another party.
