After a petition is filed for abuse, neglect, or dependency, there are several different types of court hearings that may take place.  Some types of hearings are required by law at certain times.  Each court hearing and meeting has a different purpose.  They are all described here in this handbook, so that you know what to expect at each hearing or meeting, when and where it will be held, and why it is important for you to attend.  These descriptions are meant to give you an overview and do not contain all of the detailed requirements of the law.

At each hearing, all of the parties and their lawyers should be present (the DFCS attorney, the Guardian Ad Litem (GAL) attorney, the parent(s) and the parent(s) attorney).  The judge, a court clerk, case managers, a CASA, and a law enforcement officer will also be present.  The child who is the subject of the case is considered a “party,” but the child may or may not be present depending on the child’s age, maturity level, and whether it is in the best interest of the child to attend.  Other persons who may be present include any witness that a party intends to call, foster parents, people from various agencies, and other people waiting for their case to be called in court.

Detention-72 Hour Hearing  ( a hearing to decide who will be responsible for caring for the child until the time of the adjudication hearing)

When a child is removed from his/her home, a detention hearing must occur within 72 hours after the removal.  At a detention hearing, the judge must make a determination as to whether the child should be returned home or remain placed outside of the home.  DFCS has the burden of proof at this hearing by the probable cause standard.  This is a lesser burden of proof and the court can receive hearsay evidence.  If the judge decides the child should not be returned home, the judge must decide whether the child’s current placement is satisfactory.  A detention hearing is not a formal trial, but parties can present evidence, testimony, and make recommendations to the judge.  Detention hearings are also a chance for parties to talk to each other and the judge about how they can help the family and the child.  In addition, the judge may consider setting appropriate times and circumstances for parents to visit their children if the children remain outside the home.

Adjudication Hearing  (a hearing where the judge hears about the facts stated in the petition and determines whether a child is abused, neglected, or dependent.)

The adjudication hearing is the part of the case where the judge must decide whether the allegations in the petition have been proven – whether the child is, in fact, an abused, neglected, or dependent child.  This hearing is required by law to be held within 10 days of the date of the filing of the petition unless the judge decides there is a good reason to delay it.  The adjudication is a formal trial where the parties present evidence, examine witnesses, and make arguments to the judge.  DFCS must prove the case by clear and convincing evidence.  Hearsay evidence is generally not allowed at this hearing.  If the judge decides that the statements in the petition have been proven, then the child will be adjudicated abused, neglected, and/or dependent.  If the judge decides that the statements have not been proven, the judge will dismiss the petition and the case will be over.  If the statements are proven, the judge will decide whether to proceed immediately to the disposition hearing or to set the disposition hearing for a later date.

A full adjudication hearing may not take place if the parties all come to an agreement about what the court should order.  If the parties come to an agreement, the judge does what is called a “consent order” which reflects the agreement of the parties, and there is no need for a trial.

Disposition Hearing  (a hearing where the judge considers a plan of care for the child including where the child should live, how to meet the child’s needs, and what the parents can do to improve the situation.)

The disposition hearing is the part of the case where the court decides what should happen to the child who has been adjudicated abused, neglected, or dependent.  This is not a formal trial, but parties do present information to the court about what needs to happen in order to achieve a safe, permanent home for the child within a reasonable period of time.  In making its decisions, the court must focus on the best interests of the child.  Part of determining the child’s best interest is deciding what the parent(s) would have to do or change in order to be able to properly care for the child.

In the disposition hearing, issues that may come up include placement of the child, with relatives or significant others, visitation with parents or siblings, medical care needed by the child or parents, and mental health or substance abuse evaluations needed by the child or the parents.  There will be discussions about how to address any and all of the circumstances that led to the removal of the child.  The court will also look at whether DFCS made reasonable efforts to prevent removal of the child or whether DFCS should not be expected to make such efforts because they would not accomplish anything.  All parties will make recommendations to the court about what should happen.

After the disposition hearing, parents have a clear idea of what the judge expects them to do in order for their child to be returned home.  In some cases, however, the judge may determine it is unlikely the child will be returned home and may instead focus on the best out-of-home-placement for the child and how to make sure the various needs of the child are met.

The Judge will also issue a scheduling order.  This order will set the dates for future hearings in the case for the next nine months.  Those hearings will include the three month court review, three month citizens’ panel review, the six month citizens’ panel review and the nine month annual permanency hearing.