[anilorak13ska]

We've had our FD, Baby V, for one week now. We are finally meeting with her CW this afternoon. Baby V's first court case was on Friday. I hope to get more details about the situation, and at least the minimum amount of time we can expect Baby V to be with us. Baby V's first supervised visit is also coming up in 2 days.

What questions should I ask the CW?

[mamachell]

I would try to find out:
1) any medical info. exposures to drugs?
2) what stage of the case are they in? (not sure if the baby has just been detained and it's the very beginning of the case)
3) are any relatives being considered for placement?
4) Does birthmom have any other children? were they adopted or are they with relatives?
5) Is there a bf in the picture?
6) what does the cw think the chances are for RU?
7) I'd try to find out if the baby has a representative like a GAL or AAL (the baby's attorney)
Those are some that I can think of.

[anilorak13ska]

Thanks.

Parents were married when he was 19, she 14! They're almost 17 and 22 now. His parents are in the picture and his mother has come forward as a possible relative placement.

The service planning meeting is next week, the adjudication hearing on Oct 23, and the disposition hearing on Dec 11. Wish I remembered what each of these mean!

There are issues of improper supervision and domestic violence, so they cant give us a clear timeframe until all of that gets sorted out. I dont see why the paternal gma couldnt take custody, except that they live in her house...

So we're bracing ourselves for the long haul.

[mamachell]

Sounds like if maternal grandma can pass homestudy and prints she could get the placement. Paternal grandma wouldn't be able to if the bp's are living there.

Good luck.


Here's a quick idea of what the first hearings are:

Detention Hearing

Once a petition is filed, the court holds the first event in the dependency process, the detention hearing. At this hearing the child’s parents are informed of the allegations in the petition and the court decides whether it is still necessary to detain the child. The hearing must take place within 72 hours after a child is removed from the home. Parents are orally notified, given a copy of the petition and informed of their right to competent court-appointed counsel. To continue to detain the child, the court must decide that the petition alleges enough facts, that if later proven in a trial, demonstrate that the child is in a situation described by WIC.

At the detention hearing, the juvenile court also has to find that DCFS made a reasonable attempt to prevent or eliminate the need for removal, or that there was an emergency situation. After considering all the alternatives, if detention is still necessary and the court continues the child’s placement out of the home, the court will order DCFS to provide appropriate reunification services to the family as soon as possible. At this hearing, questions are also asked regarding absent parent(s), so they can be notified of future hearings.

DCFS then develops a case plan with the family. The case plan details the specifics of out-of-home care, family services and family visitation. Restrictions on custody, supervision, and visitation are also addressed. A written case plan must be completed within 30 days of the child’s removal and is updated frequently throughout the dependency case.



Adjudication Hearing

The purpose of the adjudication hearing is to determine, by way of a confidential trial, whether the allegations in the petition are true.

The standard of proof at the adjudication hearing is preponderance of the evidence. This means DCFS must show that it is more than 50% likely that the allegations in the petition are true. Therefore, if the facts and evidence supporting the petition produce a stronger impression, are more convincing or believable than any facts to the contrary, the court will most likely decide the petition is true, and declare the child to be a dependent.

Disposition Hearing

The disposition hearing is a separate trial, but if all parties agree it can take place on the same day as the adjudication hearing.

The purpose of the disposition hearing is threefold:
• To determine if removal of the child is still necessary, and if so, order placement of the child
• To decide whether reunification services are to be offered to the parents
• Where reunification services are offered, to approve a case plan for the family and order the parents to comply with the plan.

At the disposition hearing, in addition to other possible kinds of evidence, the court considers social study reports, evaluations by child advocates and live testimony. Parents also have due process rights at disposition.

[anilorak13ska]

Wow, thanks for the info! The mother's family doesn't seem to be in the picture, so it's only the paternal gma. I wonder how they'd establish that she's no longer living with the son? He can say he moved out, but she was renting out various rooms of the house to several families, so it doesn't sound very difficult to say you don't live there one day, and then live there again the next.

If the grandma has to pass the homestudy prior to gaining custody, then we're probably looking at about 3months if it goes that route, huh?

Well, thanks again for the explanation.

[mamachell]

Actually, for family members where I'm from it's very quick, not nearly 3 months. The family member interested in my fd just had to have a safe home and pass a quick fingerprint check. It was no where near what we go through as foster parents. It took about 2 weeks. No classes, financial info, reference, etc. But, in some states relative placements have to go through classes like we do. Your cw would know.

[anilorak13ska]

oh, I see. So it really is a wait and see game.