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

⧠ 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