2. Court Ordered Services Hearing Checklist

15 minutes; up to 25 suggested best practice

Prior to Hearing:

q Hearing within 14 days of petition unless good cause for extension

q Child's GAL/AAL appointed

q Parents' AAL appointed

q Parties served

At Hearing:

q Identify parties present and served

q Determine indigence

q Determine need for language interpretation

q Determine good cause if AAL has not seen child

q Ensure services are specific and narrowly tailored

At the End of the Hearing:

q Determine if sufficient evidence to order participation in services by parent(s) or caretaker(s) for the child; if not, deny required participation in services. Evidence sufficient to satisfy a person of ordinary prudence and caution that:

Abuse or neglect occurred, or

Substantial risk of abuse or neglect, or

Continuing danger to the physical health or safety of child caused by an act or failure to act by named party/parties; and

Services necessary to ensure the physical health or safety of child.

q ISSUE COURT ORDER

State findings;

Make appropriate temporary orders under Chapter 105 to ensure safety of the child;

Order the participation in services narrowly tailored to address court findings;

Set dismissal deadline of 180 days; and

Schedule review hearing within 90 days.

Review Hearings:

q Address continued need for temporary order and dismiss if no longer a continued need.

q Set review hearing within 90 days if temporary order continued.

q Determine if good cause to extend dismissal deadline if DFPS shows continued need for services beyond original 180-day dismissal deadline.

Best Practices [BP]:

q Engage parties with direct questions

q Review services with parents

q Set Review Hearing date within 90 days

q Give notice in open court

q Engage parties with direct questions:

Do you understand the purpose of the court ordered services?

q Ask the following questions:

How are these services specific to this family and child?

Are there cultural issues we need to understand?

Is there a need for ongoing services or can we dismiss today?