I will be discussing what to expect in court, the process, your rights, common terms, and acronyms. Every county and state can be different but for the most part follow the same process.  Many of the same terms and acronyms are used everywhere.  Care givers rights listed are federal rights.

In some cases with child protection services they will attemp a saftey plan before fully removing the children from the home. Sometimes they can remove the children to a family member’s home while the parents complete their saftey plan with out starting the judicial process. This happend twice with us. 

After getting the phone call from child protection  services and picking up the children what comes next is  a very important question many grandparents ask. This article will explain the typical judicial process. 

Within 72 hours there needs to be a hearing called a shelter hearing. This also can be referred to as a preliminary or protective emergency removal hearing. In this hearing and an investigator will present the evidence of suspected abuse or neglect. The parents will be present in the court room and they can  challenge the petition. The parents can also have lawyers with them either ones that they’ve hired or the state has appointed.

 

The judge will decide based on the evidence if the children can go home or if they need to be put out in a temporary home placement. If the judge decides that the children can go home at that point you will be finished. For most of us that does not happen. In our case the judge found the evidence to prove that the children had been abused and neglected.

 

At any court hearing there could be multiple people in the courtroom. It is the judge’s responsibility to listen to all parties and make  informed unbias decisions based on all the information that has been presented in the court room.

These are the following people that are typically present the child protective investigator, an attorney for the state, a case manager, a guardian ad litem, the parents attorney. the parents, the care givers and sometimes the children or child depending on the age.

At this point there could be an arraignment hearing. This is another hearing where they discuss the evidence against the parents for abuse and neglect.

Following the hearing there will an Adjudicatory trial. This depending on where you live can also be called a fact finding hearing or trial. This trial is to determine whether enough evidence exists to conclude that there was or wasn’t neglect or abuse. At this point the case can still be dismissed if there is insufficient evidence. If there is evidence then again it continues to the next stage.

   Next is called the disposition hearing. This is a hearing that determines where the children will live if the home is unsafe the children will not be allowed to return until it is found safe and the parents have completed a case plan. If the children remain in the custody of the agency for us it was DCF for others it can be called CPS.

At this point the children are placed with family or in foster care. Most of the time by this point the children have already been removed and are either in a kinship Foster home or a Foster family home. Kinship Foster family refers to an untraditional Foster home that’s being used as a Foster home because of the relationship they have with the children. Kinship can refer to anyone related to the children such as grandparents, aunts, uncles, brothers, sisters, cousins, Ect.

Another type of kinship is called fictitious kin. This is someone who’s not related to the child but is a friend of the family. During this hearing a visitation plan is usually set up for the biological parents. A case plan will also be drafted with the case manager at this point if a case plan has already been written then it can be approved by the judge.

    Judicial reviews are hearings that will take place regularly every six months during an open case. The 1st judicial review will take place with in the first ninety days. During a judicial review The judge will determine if the parents are successfully completing the case plans. There can also be changes to the case plans. A case plan is a document written by the child protection service. It is a plan for the parents to follow in order to regain the custody of their children. Often the case plan will include having a job, a place to live, taking parenting classes, going to counseling, and drug tests. A case plan will be drafted accordingly depending on the abuse or neglect that was inflicted on the children. Once the plan is completed the children may return home. Changes to the visitation schedule can also be made at these hearings. Anyone may attend the hearings including grandparents, other family members, the Foster parents, the biological parents are required to be there with their attorney.

A permanency hearing is a hearing that must be held of no later than 12 months but often up to 18 months after the date the child or children were removed from the home or no later than 30 days after the court determines that reasonable efforts to return the child have been met. At the permanency hearing the court considers the permanency options for the child or children. This hearing decides whether they will be reunified, adoption, permanent guardianship, permanent placement with a fit and willing relative, or placement in another planned prominent living arrangement. At this hearing termination of parental rights can be discussed.

Termination of parental rights often referred to as TPR. TPR begins with a petition. This petition alleges that the child’s parents have met at least one ground for TPR. The grounds for TPR are found in your States statures. There will be TPR adjudicatory hearing. This will be held within 21 days of the court receiving a TPR petition. Or if  the parents voluntarily surrender their parental rights. If the children or child’s parents deny the charges in the TPR petition A TPR adjudicatory hearing must be held within 45 days following advisory unless all necessary parties agree to a different date.

The last hearing you will have to go to if you’ve chosen to adopt is the adoption hearing. This is a hearing to finalize the adoption. This is the only hearing where the child or children must be present. The judge will ask if the children are free from any court cases and they will also ask for recommendations from DCF The Guardian ad litem and anyone else that was a participant in the case. The judge will ask the adopting parents if they agree and if they understand. After the I do’s it’s only a couple more words and the judge makes it official. It is a very quick hearing it goes very fast and when it’s over you get your pictures taken with the judge. After the adoption it basically means that these children are yours they have all the same rights as if you had birthed the children.

   When you go to court you are expected to be on time to dress appropriately and to avoid  inappropriate language leave all food drinks chewing gum outside of the courthouse. Make sure that you have turned off any electronic devices that may go off during the hearing. It is also best to leave young children with a family member at home. We know this from experience sunshine often was asked to leave the court Room for being too loud usually it was just giggling and playing. Small children can be very disruptive to the court hearing.

The court Proceedings can sometimes happen very quickly if anything is said that you do not understand be sure to ask your case manager for clarification. Also know that the judge will be holding more than Your case on that day, so the court room may be full. The judge may also choose to hear more than one hearing and the same day for the same case if it is a simple hearing such as the adjudicatory and a deposition hearing. For any questions you have contact your case manager or any court representative if you do understand. You are allowed to attend all hearings regarding children in your care.

A judge may ask you for information. Caregivers often have valuable information for the court the information that you provide is also meant to assist the court and making decisions about the child in your care. You may have information about that child’s physical emotional educational and social development that could assist the court in deciding the issues reguarding the child’s placement and services to that child as well as visitation with the biological parents. You may also have information about the child’s strengths hobbies interests and activities that the court would find helpful. If you have been supervising the visits between the child and the parent you may also have more information that the judge needs to know about such as the parents progress and you need to relate that to the judge in court as well. Any time that you are asked to speak in court be sure to speak clearly and only say things that you know. The judge makes his or her own decisions of based on the information that you have given.

Before a hearing you will want to make sure that you are prepared. Be sure to speak with   The Guardian ad litem or your CASA volunteer. You also may want to Speak with your caseworker and make sure that you have given all of the relevant information that she needs at that time. Be sure to bring with you to court any important papers and documents that you have.

Care givers have rights in the dependency court. Rights can vary in each state. Many of the States have the same rights also federal laws and court Room rules are the same everywhere. You need to know that you have the right to participate in the court proceedings. Participating means that you are included, you will be participating for the best interest of the child. You also have the right to be notified of the court hearings. You should be notified through the mail as well as through your case manager. Another right that you have in dependency court as a care giver of the children is to addressed the court. Your right is to speak to The Guardian ad litem or to department of children and family services attorney and ask that they present your concerns before the judge or you may submit a written statement to the court with the information relevant to the child’s best interests.

Interacting with the children’s protection services and the court system can be very stressful and overwhelming it is very important for you to take care of yourself mentally and physically during this time. Be sure to read or watch our selfcare information.

 

Court Room terminology can be very confusing. This is a short list of common terms that are often used in These type of court cases.

Caregiver – the care giver is someone who takes care of the social needs the physical and the emotional needs of the child
A case plan – is a document that outlines the outcomes goals And the necessary tasks in order of for a safe return of the child to the biological parents.
Child abuse or neglect- is any non accidental physical harm or failure to protect that results in death or a severe injury.
Child protection services – this is a social service agency that receives reports investigates assessors and provides intervention for children.
CASA – Is a court appointed special advocate this is a person usually a volunteer that is appointed by the court to work for the child’s best interests.
Custody – the legal right to make decisions about the child.
Due process – this is where every person is entitled to a fair trial. Along with this also goes innocent until proven guilty.
Fictitious kin- This is a person who is not related by blood but is emotionally significant and has a relationship with the individual child or the child’s family.
Foster care – substitute care for children placed away from their parents.
Foster parents – the adult who provides housing nurturing and support for a child who was placed out of his or her home.
Full disclosure – information provided to the family by child protection services regarding steps in intervention process requirements for care and expectations of The family as well as the consequences if it is not completed. Also contains the rights of the parents.
Gal guardian ad litem – a lawyer or lay person appointed by the court to represent a child and advocate and investigator at advisor this person is usually a volunteer. This person looks out for what’s in the best interests of the child and reports to the court.
Jurisdiction – the legal authority of a court to hear and decide a certain type of case.
Legal guardian – adult who court has given parental responsibility to.
Mediation – voluntary process that allows The parties involved to agree on a permanency decision in the best interests of the child or children with the help of a trained or neutral 3rd party. Mediation generally avoids confrontational court hearings.
Paternity – legal or biological fatherhood.
Perpetrator – the person who has been determined to have caused or knowingly allowed the mistreatment of a child.
Physical abuse – child abuse that results in physical injury to a child.
Physical neglect – failure to provide a child basic survival needs such as nutrition clothing shelter hygiene and medical care.
Protective custody – a form of custody required to remove a child from his or her home and placed them in a out of home care. Law enforcement may place a child in protective custody base on their independent determination that the child’s health safety and well being as being jeopardized. A child could also be placed in protective custody via a court order.
Putative father – legal term for a man who is not married to the child’s mother and to is alleged or claims to be the biological father of a child.
Relinquishment – the voluntary termination old release of all parental rights and duties that legally freeze a child to be adopted. This is often referred to as surrendering or making an adoption plan for one’s child.

Often lawyers and judges use acronyms here are some commonly used acronyms in dependency court.
CBC – community based care
COS – children’s legal services
CBS – children’s medical services
Sing PS – children’s protection services
DCF – department of children and family
DJJ – department of juvenile Justice
DOR – department of revenue
GAL – guardian ad litem
Jr. – judicial review
JRSSR – judicial review social study report
TPR – termination of parental rights
ICP C – inner state compact on the placement of children
PDS – pre disposition study.
RU- reunification
HS- home study

I hope that this helps you in some way to navigate your way through Dependency court hearings. We have been to almost every hearing over the past 2 plus years. I wrote a six page letter to the judge explaining our situation and why we felt what was best for the children. It is up to you to choose the amount of involvement you have in the court process.

I have written this article because when I began this journey I could not find this information everything about the court cases were big words and hard for me to understand, I wanted to write something that was helpful to others and easy to understand.

Thank you for following along as we raised these beautiful souls as always comments are welcome ask questions below and remember to please like and subscribe.