Some of the questions a lot of people have are about the hearings. Although your case may be different, here is some general information about Child in Need of Assistance (“CINA”) case hearings. The hearings are listed in order, and also tell you the purpose of the hearing, and what might happen at each hearing. If your case is different, feel free to ask your attorney to explain your situation to you.
At the end of each hearing, you should receive an order setting the date for the next hearing. You may also receive an order regarding the court’s findings and decision, though if it is a bit more complex, that may be filed later.
This is the very first hearing that takes place, and it occurs within ten (10) days of your child’s removal from your care. The purpose is to determine whether, at the time of the hearing, the child can be safely returned home. It is not to determine whether the removal was “right” in the first place.
Side note—At the time of removal, DHS may ask you whether you will test positive if you do a drug screen. Do not lie to them, or hope that it will come back negative. If they’re asking about drug usage, that may mean they are concerned about the possibility that you might be using. And if they’re concerned, they will almost always require you to take a drug test. If it comes back positive after you tell them it will be negative, your credibility will be damaged, which will hurt you going forward.
The Adjudication Hearing takes place within sixty (60) days of the removal hearing. This hearing is when the court determines whether your child is in need of its assistance, based on the evidence presented. If the court finds that you have abused or neglected your child, or if the judge finds you are using, making, or selling drugs illegally, it is likely the court will find that your child is in need of its assistance.
If the court finds that your child does need its assistance, the court can make one of the following decisions regarding where your child will go at this time:
- If your child was not removed, but is found to need the court’s assistance, s/he may be permitted to remain in your home.
- If the child was removed, the court could return the child to your home, but may still order services.
- Your child may go to the home of a relative, or
- Your child could go to foster care (or in rare cases, to a facility/group home).
This hearing is held within sixty (60) days of the Adjudication hearing, but will sometimes be held at the same time as the Adjudication Hearing. The court will determine placement, custody, supervision, and services.
Talk to your attorney before the hearing to discuss what services you might need to help you reunify with your children. These might include (but aren’t limited to) substance abuse treatment, therapy (for you and/or your children); bus passes (if transportation is an issue), housing assistance, etc. If you’re not sure what services you need, start by thinking about what’s getting in the way of your success in reunification. For example, if you are at risk for being homeless, ask for housing assistance. If you are having trouble maintaining employment because you don’t have reliable transportation, bus passes might be an option. Although DHS will off various services (or in some cases, require them), it’s up to you to ask DHS and the court for the services you need that they may not have offered.
Approximately six (6) months after the Dispositional Hearing, there will be a review hearing. At this hearing, the judge will check in to see how you are doing. This might be a good time to talk about visitation.
There are three (3) types of visitation: supervised, semi-supervised, and unsupervised. If you start at supervised visitation (which is common), then the goal is to gradually increase visitation and move to semi-supervised visitation, and then to unsupervised visitation. There will almost always need to be at least some unsupervised visitation prior to reunification.
Supervised Visitation is often done by the FSRP worker, but may also be done by a relative.
Semi-Supervised Visitation acts like a “bridge” between supervised and unsupervised visitation. The FSRP worker might not be at the whole visitation, but may drop in and out. Or some types of visitation (e.g., in a public place, for short periods of time) might be unsupervised, but longer visits in the home might be supervised.
Unsupervised Visitation is where you want to be leading up to the permanency hearing if possible. That’s not always possible, and it doesn’t mean you won’t be able to reunify.
If the visitation is going well, you can always ask DHS to increase your visitation or move to semi-supervised. Talk to your FSRP worker as well, because s/he may see you more often than DHS, so his/her opinion about when you can increase visitation will carry weight. If there have been problems, either with visitation or, say, a relapse, that might not be the best time to ask for more visitation or semi-supervised visitation. If you’re not sure, ask your attorney.
If you ask DHS and are told no, ask (politely) for the reason(s) and then visit with your attorney about it. If there is a hearing coming up, your attorney can ask the judge to grant more (or different) visitation, even if DHS doesn’t agree. If you can demonstrate to the judge that you’ve earned it, s/he will sometimes grant your request even if DHS disagrees.
But remember—don’t ask for more visitation or semi-supervised or unsupervised visitation just because you want it. You have to demonstrate to DHS and/or the court that you have earned it by having a good track record of recent visitation without any other issues (such as relapse, for example).
At the permanency hearing, the court could do one of four (4) things:
- Return your child to your care/custody (with or without closing the case)
- Grant an extension so that you have more time to demonstrate that you’re ready to reunify. This sometimes happens if you’ve been doing well overall, but maybe had a “hiccup” —maybe you relapsed or are having issues with housing, for example.
- Don’t terminate, but set up some other permanent arrangement, such as a guardianship.
- Termination of Parental Rights – this is the outcome you do not This would end your legal relationship with, and rights to your child. The court could direct the county attorney or guardian ad litem to file this petition, or, if it has already been filed, the judge could rule on it at this hearing.
Termination of Parental Rights
This petition is considered to be a separate case with separate case numbers, but all of the evidence from the CINA comes forward into the TPR case. Although you would have the right to appeal a TPR if you lost, the odds of getting that decision reversed on appeal are not good, so it’s important to prevent that from happening if possible.
Most cases reunify, which should encourage you. But not all of them. You can dramatically increase your chances of reunification if you do what the courts and DHS are asking you to do on a consistent basis. If there is something that you truly believe is an unreasonable request, talk to your attorney about it and let him or her raise that issue.
There are a few other hearings that sometimes occur, such as a modification hearing (if something happens that necessitates modifying placement or visitation, for example), or a permanency review hearing. But the ones listed above are the most common ones.
As always, if you have general questions, feel free to email me. If they are specific to your case, call your lawyer. They are there to represent you, so don’t hesitate to ask them to help you.