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

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Chapter 10 Abuse-Neglect-

DependencyHearings


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


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


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


Contested Hearings Occur where parents will not agree to

state’s allegations and/or case plan Two-part hearing


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


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


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


Dispositional Phase Standard is the best interest of the child Court can consider a wide range of

evidence


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


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


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

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

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