2. Adversary Hearing

15 minutes; up to 25 suggested best practice

Prior to Hearing:

⧠ Hearing within 14 days of removal unless temporary order extended

⧠ Child’s GAL/AAL appointed

⧠ Parties served

⧠ CCEJ identified

⧠ Hearing within 30 days of petition filed if non-emergency under 262.113

At Hearing:

⧠ Identify parties present and served

⧠ Inform parents of right to attorney

⧠ Determine indigence

⧠ DFPS notice to relatives

⧠ Need for language interpretation

⧠ Child Placement Resources Form/efforts to identify/locate parties not present

⧠ CPS and criminal background checks conducted and home studies initiated

⧠ Indian/Native American Heritage

⧠ Temporary Family Visitation Plan

⧠ AAL form provided if client not seen

At the End of the Hearing:

Determine sufficient evidence to grant DFPS TMC of child; if not, return child

Document danger to child to return to home or remain in home and remaining is home is contrary to welfare; reasonable efforts to prevent removal and to return child home;

If TMC to DFPS, inform parents that rights may be terminated or limited

If cite by pub needed, may render temporary order anyway

Determine aggravated circumstances alleged or exist

If family violence, protective order necessary or available

If child victim of human trafficking, placement in secure agency foster or group home

Place child with noncustodial parent or relative unless not in best interest

Determine whether DFPS is able to place child with relative or other designated caregiver; note evidence supporting finding either way

ISSUE COURT ORDER

•   Service

•   Notice of removal

•   Parentage or DNA testing

•   Dismissal date

•   Transfer CCEJ, if applicable

Best Practices:

Engage parties with direct questions

Review services with parents

Set Status Hearing date

Open court notice

Ask the following questions:

•   What is preventing this child from returning home today?

•   How is my decision specific to this child and this family?

•   Are there cultural issues we need to understand?

Well-being Issues at Adversary Hearing:

School stability, education goals, progress, and issues, and education decision-maker

Medical care and behavioral or psychiatric care

Young adult presence at hearing or opinion about education or medical care