What to Expect in a Child Welfare Court Case
The primary, and most important, role of a juvenile or family court in child welfare cases is to protect children and help their parents provide a safe environment. Child welfare cases are heard in civil court, not a criminal court, and the hearings are often less formal than the Hollywood version of court. Everyone in the court has the same goal – making sure the child is safe. The typical objective of a child welfare case is determining what changes need to occur to allow the child to return home, or to reach some other goal like a permanent placement with a relative. The outcome of these cases can be orders for parents to partake in specific services before their child can be returned to their care. Services like mental health or substance abuse treatment can make all the difference in the world.
What is the legal process?
The entire process begins when a “petition” has been filed on behalf of a child. At that point, a court order is issued to investigate the reported abuse or neglect. It’s important to note though that not all jurisdictions require an order to launch an investigation. If the initial investigation finds that a child is in danger, the court will file an order to remove the child from the home temporarily. After the emergency protection order has been fulfilled the investigator will present their evidence regarding the abuse or neglect. At this point, the parents are also allowed to present their own evidence as a challenge to the petition filed against them.
The judge will decide whether they will allow the child to return to their home with their parents or if a temporary out-of-home placement would be better. After the preliminary protective emergency removal, or shelter hearing, is complete a trial will occur to determine whether enough evidence exists to conclude the allegations are true. The judge can decide at this point to dismiss the case if there is a lack of evidence, or they will rule that the evidence shows that there was “maltreatment.” After the fact-finding hearing, the dispositional hearing will occur where the final decision is made on the placement of the child, whether that be returning home or elsewhere. If the child is placed in the custody of someone other than the parents, the judge will use this hearing to determine a visitation plan if it is appropriate.
What happens next?
Review hearings are then held at least every 6 months to determine the progress and assess the child’s ability to return home, or if their temporary placement could/should become permanent. After a reasonable amount of time, typically 12-24 months, parental rights may be terminated if the parents fail to meet the court’s mandates. If the case of child abuse or neglect is more serious in nature, this hearing will happen much sooner.
In the end, the work of family lawyers, judges and advocates of the court is to ensure the safety of the child. Having the right representation can help you mitigate your circumstances and find the best results for you and your family.