The Court Process

Children may be taken into emergency custody if they are in immediate danger, have run away or been arrested. Parents may not know about an Emergency Care Hearing beforehand as it happens quickly, day or night, in response to an emergency. The hearing takes place with a judge, by phone or at court. During this time, the child could be temporarily placed in foster care and the DCF Family Services worker gathers information to present at the next court hearing. An order for emergency care is followed by a Temporary Care Hearing within 72 hours.

The judge decides who will have temporary custody of the child/youth until the next hearing. Based on the information presented, the judge will decide whether the child can safely live at home with the custodial parents. If not, the judge will grant temporary custody to a non-custodial parent, relative, family friend, other person known to the child/family or DCF.

This is typically the first hearing in non-emergency cases, and takes place within 15 days of the petition being filed at court. The judge reviews the information and hears from the parties. The next hearing is typically a Pre-Trial Hearing.

This hearing is held about 15 days after the Temporary Care Hearing or Preliminary Hearing, the purpose is to discuss whether the allegations in the petition will be admitted to or denied. If the allegations are admitted to, it’s called reaching the “merits” of the case and the next step is the Disposition Hearing. If the allegations are denied, the next step is the Merits Hearing.

The case is presented to the judge without a jury. Witnesses may be called to testify under oath. Testimony may be presented by family, friends, teachers, doctors, police officers, DCF Family Services workers, witnesses, foster parents, children/youth and others. After listening to the evidence, the judge may dismiss the case or issue one of the following findings:
(CHINS = Children in Need of Care or Supervision)
CHINS A – a child was abandoned or abused by the parents, guardians or other custodian
CHINS B – child is without proper parental care or subsistence, education, medical or other care necessary for his/her well-being
CHINS C – child is without or beyond the control of their parents, guardian or other custodian
CHINS D - child is habitually and without justification truant from compulsory school attendance
DELINQUENT – child over the age of 10 committed a delinquent act
If the judge finds the child is in need of care or supervision or the youth is delinquent, the judge will order DCF Family Services to prepare a disposition case plan that identifies the permanency goal, an estimated date for achieving it and a plan for services.

This hearing allows the judge and other parties to hear what’s going on with the case. It may be held at any stage of the case.

This hearing is typically held within 35 days of the Merits Order. Before the hearing, all parties will get a copy of the disposition case plan. At the hearing, all parties will get the opportunity to voice their opinions and the judge will either accept or reject the case plan and make a final decision about custody.

The court is required to hold this hearing 60 days after the Disposition Order is issued to monitor progress of the case plan. The judge may ask questions. Caregivers may have the right to be at this hearing and any hearing thereafter. Be sure to ask.

This hearing happens within 12 months of a child entering the state’s care; however, it may be held sooner for children under six. The purpose is to determine the permanency goal for the child and estimated time for achieving that goal.