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The Detention Hearing
The social worker CPS/CFS will write a petition stating allegations.
Allegations are statements that he or she believes prove that your
children are at risk in your custody and that the state must detain
(or take custody) of the children. You have the right to an evidentiary
hearing (where you can call witnesses). At the time you are noticed
of a detention hearing, you will have been given a copy of the petition.
If you have secured an attorney who actively works in the area of
juvenile law at a late stage, your attorney has the right to request
a 24 hour continuance to prepare and gather witnesses, if necessary.
At the detention hearing the court could either detain or not detain
the children. If the court detains the children the court could
fashion a number of conditions to enable the parent to retain custody
of the children and at times there is no remedy and the court will
remove the children from the parents care.
At the detention hearing you have the right to:
1. cross examine any witness against you, including the CPS/CFS
worker;
2. present evidence on your own behalf;
3. subpoena witnesses;
4. present witnesses.
Prima Facie (on its face)
If the county meets their burden of a prima facie case for detention
the matter will then proceed to what is called a jurisdictional
hearing. A jurisdictional hearing is usually set within 10 days.
This is where the county must PROVE the allegations in the petition.
The Jurisdictional Hearing
At the jurisdictional hearing you have the right to a trial on all
of the allegations in the petition. Your attorney who works in the
area of juvenile law, hereinafter juvenile lawyer or juvenile attorney,
will fight against the language being alleged against your parental
abilities and if your juvenile law attorney can show that the allegations
are false or if the county cannot meet their burden of proof, which
is now a preponderance of the evidence (51%), the petition will
be dismissed. At the hearing, just like the detention hearing you
have the right to bring witnesses, present evidence on your behalf,
and cross examine anyone who testifies against you. It is important
to find a juvenile law attorney that will take the time to meet
with you, explain your case to you, and prepare diligently to present
your case in a manner of utmost detail and professionalism. If,
however, the allegations are found to be true, or any revised portion
of them, the matter is sustained.
At this point if jurisdiction is taken upon your children, your
children may or may not be placed with you while you engage in services,
otherwise known as a case plan. You will want a juvenile law attorney
to advocate for you to have your children in your custody while
you engage in a case plan. If your children are not in your custody
you are entitled, by right, to a visitation schedule.
Again, a good advocate may be able to argue for a more liberal visitation
plan thorough the juvenile dependency system. Other avenues are
a possibility as opposed to jurisdiction, by way of negotiation
or settlement, such as:
• DISMISSAL
• INFORMAL SUPERVISION
• VOLUNTARY LEGAL GUARDIANSHIP
Dispositional
Hearing
If jurisdiction is taken, there is a dispositional hearing. The
social worker CPS/CFS prepares a case plan (mentioned above) and
outlines the services that you will need to undergo in order to
regain custody of your children and eventually close the case. You
have the right to a trial at the dispositional stage. Even though
dependency jurisdiction is taken, you still may argue for dismissal
of the action or an informal supervision plan (see above). If the
court disagrees, an effective advocate can still argue for a case
plan that doesn’t overwhelm the parent, for example combining
two goals or intentions of dispositional plan into just one service.
At the dispositional hearing, if the matter proceeds to a trial,
otherwise known as a contest, all of the same constitutional rights
are afforded to the parents. The standard of proof at this stage
is clear and convincing. The county must show by clear and convincing
evidence that the children are at a substantial danger to the child’s
physical health, safety, protection, or physical and emotional well-being
and there is no reasonable way to protect the child from these dangers
in the parent’s home.
The burden upon social services CPS/CFS is much greater at the dispositional
stage. It jumps from preponderance of the evidence to clear and
convincing evidence. Your juvenile law attorney can strongly advocate
for the return of the children or the continued placement of the
children in the care of the parents at this dependency stage.
YOUR ATTORNEY SHOULD ADVOCATE FOR THE RETURN OF
YOUR CHILDREN AT
ALL TIMES APPROPRIATE
At every stage of the proceeding, placement of the children is an
issue. Your attorney. who works in the area of juvenile law, `can
ask for return of the children at every single court hearing because
it is always relevant. Extended visitation is always at issue, and
when appropriate, your advocate will argue for more visitations
along with less restrictions.
At every stage (detention hearing, jurisdictional hearing and dispositional
hearing) of the proceeding, settlement negotiations will take place.
There may be advantages to settling your matter instead of moving
forward to a trial where witnesses are called. Your experienced
attorney will know what is best for your case and will advise you
on these very important decisions.
Overview | >
Juvenile Hearings | Placement
| Burden of Proof
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