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 provided notice to relatives

Need for language interpretation

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

Child provided opportunity to provide information about possible relative or other caregiver

Determine if child can be placed with relative and note evidence

CPS and criminal background checks conducted and home studies initiated

If child with relative, inform about Permanency Care Assistance

Indian/Native American Heritage

Temporary Family Visitation Plan

Determine good cause if AAL has not seen child

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