This handbook will explain the court process and the people helping you with your case. Being involved in a child abuse and neglect case can be very confusing and stressful for a family and the children involved. Not knowing what to expect can make it even harder. This handbook will help you understand what will happen. Keep this handbook with you so you can write down the names of the people who will be helping you and the dates of meetings and court hearings. This handbook should not be viewed as legal advice and was created for informative purposes only.
Why Do You Have To Go To Court?
The purpose of Juvenile Court is to keep children safe and to help families create a safe home for their children.
The judge can require you and your family to get help. Also, the judge can order that your child(ren) be temporarily placed in the custody of the Department of Family and Children’s Services (DFCS) or a family member or other significantly involved third party. This means that, for the time being, DFCS is legally responsible for your child and with the approval of the Court, can make decisions about where your child should live and what you need to do to have your child returned to you.
The same problems that brought you to the Court could result in criminal charges against you, your partner, or someone else in your family. In that case, you may have to go to another court and see another judge. This handbook does not deal with criminal cases. It is about proceedings (meetings and hearings) in Juvenile Court.
What Happens After Your Child Is Removed From Your Home?
If your child is removed from you, you will be notified in writing and possibly by a case manager with the Department of Family and Children’s Services. You may also receive a copy of the paperwork that has been filed with the Juvenile Court. You can expect that the Department will file what is called a "deprivation petition" and it is a possibility that a Deputy Sheriff will bring this paperwork to you at your home or job location. The petition is a document that is prepared after DFCS receives a report/referral about you and your child(ren).
The petition names you as the "respondent." This is the term used by the Court for the parent or guardian in a child abuse or neglect case.
The petition lists one or more allegations, which are statements of what is believed to have happened, and reasons why your child needs to be in the State's custody or protection. There will also be a summons attached which tells you the date, time and place of the hearing and tells you that you have a right to have an attorney represent you. You may see the clerk at the window of Juvenile Court to inquire about an attorney and completing a financial affidavit if you cannot afford an attorney. You are entitled to an attorney at all stages of a deprivation proceeding.
If you do not understand the petition or any other paperwork, talk to someone so that they can explain to you what is happening. This is an issue that you can address with your attorney.
