The court then holds hearings to decide whether the allegations are true and, if so, what steps the court should take to protect the child. There is an inherent conflict between the time required for an immediate or 14-day hearing and subsection 13.34.120(1) of the RCW, which requires 10 days` notice by mail to parents and the Social Study Advocate and the proposed Individual Service and Safety Plan (ISSP). If they disagree about the ISSP, parents and lawyers must submit their objections in writing at least 24 hours before the hearing and have the right to make oral submissions at the time of the hearing.4 RCW 13.34.130(1)(a) provides for an order “other than removal of the child” from the home if the order includes a program to mitigate the immediate danger to the child; mitigate or heal damage already suffered and help parents so that the child is not endangered in the future. The child`s safety remains the primary factor and may still require out-of-home placement if the child`s health, safety or well-being at home is threatened. The court must know that if a child is sent home with one of his parents and future facts require the second removal of the child, immediate and specific measures will be approved to ensure the immediate permanence of the child. At the end of the hearing, the court decides where the child will live and decides on the role of social services in helping the child and his or her family achieve the goals set by the court. During the injunction hearing, the court may rule on various issues related to the case. At the review hearing, the court assesses the child`s needs and whether the situation is appropriate for the child. An immediate consequence of out-of-home placement is the need to address visits both between parents and children and between siblings when placed in different placements. It often takes a great deal of energy, ingenuity and innovation to meet the challenges of providing adequate visits.
Visits between parents and children and between siblings are not a service capable of remedying parental disabilities; Rather, it is family law, including child and parental law.25 As much contact between parents and children and between siblings as possible should be encouraged. Visits cannot be restricted as a sanction for a parent`s failure to comply with court orders or services. Visits may be restricted or denied only if deemed necessary to protect the health, safety or well-being of the child. In some cases, the court may decide to remove the child from the parents` home. The parents or guardians against whom the petition is filed, the so-called “defendants”, can hire lawyers to represent them in court or ask the court to hire lawyers free of charge if they cannot afford to hire theirs. Each respondent must have their own lawyer. In some cases, the judge may also order a mental health study of the defendant. This is called a comprehensive assessment and testimonial (FET) or a mental health study (MHA).
This report is a diagnostic assessment of the defendant and provides additional information to the court. The court rejects the application and sends the child home. In cases where aggravating circumstances have been demonstrated by clear, conclusive and convincing evidence, no reasonable effort for reunification is required unless it is determined that such efforts are in the best interests of the child.17 If reasonable efforts are not required, the court will schedule a permanency planning hearing within 30 days of the injunction hearing.18 The guardian ad litem (LAG)/court The Designated Special Advocate (CASA) submits his or her report to the court and the parties prior to the hearing in accordance with the local court`s rules (which do not specify a time limit). The rules that set deadlines are sometimes in conflict. In the event that family reunification is not in the best interests of the child, RCW 13.34.130 orders the placement of a child while the child is in need of care. Out-of-home placement can be with a parent, foster family or group home, or in the home of an appropriate person if the child or family has a pre-existing relationship with the person (also known as “shadow parents”).20 A criminal record check is required before the child is placed with an unlicensed person. This person must also be appropriate and competent to care for the child.21 Parental care is appropriate in areas unrelated to abuse or neglect that led to the addiction. Taking into account the intrinsic interference in the life of foster families and the objective of maintaining parental authority, if any, without just cause, the HSSD follows the wishes of the biological parent with respect to the placement of the child outside the home.22 During the hearing, the parties, parents and interveners concerned will have the opportunity to express their views. The injunction is the final result of the dispute. Family court orders focus on rehabilitation and the provision of services to the respondent.
In developing an appropriate injunction, the court takes into account the needs and well-being of the defendant as well as the community`s need for protection. The rules of evidence do not apply to the injunction hearing and the court must consider the social record, the social study, the LAG/CASA report, the reports submitted by a party, the evidence presented to establish the facts, and the ISSP.9 Any social record, social study or predisposition study must be made available to a party or its counsel for inspection within a reasonable time before the injunction hearing.10 If the parent of an unmarried dependent child is a minor parent or a minor applicant, the parent(s) of the minor is (are) also deemed to be the parent(s) of the dependent child. However, responsibility for maintenance only exists if these parents have the opportunity to be heard about their ability to support themselves. Maintenance orders made in this procedure are only valid until the child reaches the age of 18.45 These issues are often dealt with administratively rather than through judicial proceedings. Diversion is often used when the parties know each other or it would be beneficial to resolve the issue outside the court system. Distraction programs used by the legal department include mediation, juvenile court, shoplifting and graffiti prevention programs, counselling, substance abuse treatment and workshops. If the diversion is successful, the minor does not go to court and the legal department refuses to pursue the case. The court may place a defendant in a limited secure residential facility. By the time the application is filed with the Family Court, the child may already be placed in foster care after being removed from his or her home by the authorities or the police. (This withdrawal can be done with or without a court order.) Whether the child was removed from the home with or without parental consent, parents may request that a hearing be held within a short period of time to see if the child can return home until a full hearing on the allegations is completed. If the Family Court Judge decides that the respondent needs supervision while living in the community, he or she may order the respondent to participate in an ATD program. Typically, the respondent lives at home, attends his or her regular school, and must follow the rules of a particular program.
There are three levels of community-based programming: Community Supervision, Afternoon Care and Intensive Community Supervision (ICG). Program coordinators report to the court, at each hearing of the defendant, on the defendant`s cooperation with the program. For more information about the ICM program, visit the New York City Department of Probation and download a list of ATD programs. The court tries to schedule the conference and hearing on the same day. When establishing aggravating circumstances with clear, conclusive and convincing evidence, the court must consider one or more of the following: An injunction review hearing (or interim hearing) is a hearing that allows the court to review the progress of the child, family and parties involved in complying with the injunctions. The court may order certain conditions as part of the injunction. Some of the conditions are listed below. Subject to court review and approval, DSHS has the authority to place a child with “another appropriate person” if (a) the child or family has a pre-existing relationship with that person; (b) the person has completed all necessary criminal records; and (c) that person appears fit and competent to care for the child.29 Placement with “fictitious parents” will only take place if the court considers it to be in the best interests of the child. A process called diversion can occur after the case has been referred from the probation service to the legal department.