What happens at the CPS jurisdictional court-hearing?
CPS jurisdictional court-hearing?
In the course of deciding whether suspected child abuse or neglect has taken place, jurisdictional and dispositional hearings are crucial measures. And next what to do.
Child Protective Services (CPS) have received a report alleging abuse or neglect of a child or children under your custody and they have since come to your home to investigate and withdraw the child or children from your custody (if warranted) if you are a parent or caregiver and you have been summoned to appear at a Jurisdictional Hearing. The reasons for the child or children being held have been discussed at a Detention Hearing for you following their removal, and a judge has determined whether to go forward with the investigation and whether the child(ren) can remain with you or reside with someone else until the next hearing takes place. The Jurisdictional Hearing is the term for this next hearing.
The Jurisdictional Hearing is where the Court determines whether or not the case lodged by the CPS is valid.
To make this decision, the Court has three ways:
- The parents or guardians agree the request is true;
- On the petition, the parents or guardians submit; or,
- The parents or guardians deny the petition or appeal it.
The court sets a trial date if the parents wish to challenge the motion, where both parties submit facts to the court and the court makes a decision.
The case is closed, and the child or children are returned to the custody of the parent(s) if the court dismisses the petition at the Jurisdictional Hearing.
The court automatically goes on to the Dispositional Hearing if the court determines that the petition is valid.
The court determines at the Dispositional Hearing whether the child or children concerned will be placed back with the parent(s) or in a relative's home, foster parent, or group home.
The parent(s) are usually ordered to engage in a Family Support Program if the court places the child(ren) back with the parent(s).
The court will order the parent(s) to engage in a Family Reunification Program, which is meant to bring the child(ren) back in the custody of the parent(s) if the court does not put the child(ren) back with the parent(s).
There are several cases where CPS does not provide the parents with any form of services and instead advises the child to find another permanent plan, such as adoption.
Six months later, in those cases where the court places the child or children with one or both parents at the Jurisdictional / Dispositional Hearings, the court holds a Family Continuity Hearing.
At this hearing, the court investigates the fulfillment of the social services ordered by the parent or parents. Depending on their improvement, the court then determines whether to continue to supervise the family. The court can close the case at this stage or extend the case for an additional six months.
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