Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Chapter 10 Abuse-Neglect-Dependency Hearings

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Abuse-Neglect-Dependency Hearings  Two-phase hearings  Adjudicatory phase to determine whether child suffered abuse or neglect  Dispositional phase to determine where to place child and what steps parents must take to remedy situation  Two-phase hearings  Adjudicatory phase to determine whether child suffered abuse or neglect  Dispositional phase to determine where to place child and what steps parents must take to remedy situation

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. A-N-D Complaints  State files a complaint alleging that a child has suffered harm due to parents’ neglect or abuse  In dependency actions, the complaint alleges that the child has suffered harm through no fault of the parents  State files a complaint alleging that a child has suffered harm due to parents’ neglect or abuse  In dependency actions, the complaint alleges that the child has suffered harm through no fault of the parents

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Case Plan  The case plan contains goals parents must achieve before court will terminate its jurisdiction  It lists services parents must use  Social services agency creates the plan with parents’ input  Social services agency must help parents complete their case plan  The case plan contains goals parents must achieve before court will terminate its jurisdiction  It lists services parents must use  Social services agency creates the plan with parents’ input  Social services agency must help parents complete their case plan

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Contested Hearings  Occur where parents will not agree to state’s allegations and/or case plan  Two-part hearing  Occur where parents will not agree to state’s allegations and/or case plan  Two-part hearing

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Procedural Requirements— Adjudicatory Phase  Due process considerations apply in limited manner  Most states impose time limits so that they can achieve permanency and stability for children as soon as possible  Due process considerations apply in limited manner  Most states impose time limits so that they can achieve permanency and stability for children as soon as possible

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Procedural Requirements— Adjudicatory Phase (continued)  Court must provide written notice of all hearings to parents  If the court cannot locate a parent, the court can serve that parent by publication  No jury is present  Hearings are usually closed  Rules of Evidence apply  Court must provide written notice of all hearings to parents  If the court cannot locate a parent, the court can serve that parent by publication  No jury is present  Hearings are usually closed  Rules of Evidence apply

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Procedural Requirements— Adjudicatory Phase (continued)  State has burden of proof  Standard of proof varies among states— usually preponderance of the evidence or clear and convincing evidence  Parents may appeal decisions  State has burden of proof  Standard of proof varies among states— usually preponderance of the evidence or clear and convincing evidence  Parents may appeal decisions

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Dispositional Phase  Standard is the best interest of the child  Court can consider a wide range of evidence  Standard is the best interest of the child  Court can consider a wide range of evidence

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Dispositional Options  Protective supervision—children stay in home, agency provides services  Temporary custody—court places children outside of home (often in foster home) for a discrete period while parents work on their case plan  Protective supervision—children stay in home, agency provides services  Temporary custody—court places children outside of home (often in foster home) for a discrete period while parents work on their case plan

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Dispositional Options (continued)  Legal custody—court places children with a relative for long term —Parents retain residual rights  Long-term foster care or planned permanent living arrangement—child lives in foster care for long term —Parents retain residual rights  Legal custody—court places children with a relative for long term —Parents retain residual rights  Long-term foster care or planned permanent living arrangement—child lives in foster care for long term —Parents retain residual rights

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Dispositional Options (continued)  Termination of parental rights—court terminates all parental rights and responsibilities  The court places children in another home on a permanent basis  Children are available for adoption  Termination of parental rights—court terminates all parental rights and responsibilities  The court places children in another home on a permanent basis  Children are available for adoption