Investigation

The investigation stage is the first way that cases come into the child protection system. A hotline call is made alleging that a child is abused or neglected. If the hotline worker determines that there is sufficient information to warrant an investigation, it will be assigned to a field office and investigation team, made up of an investigator and a supervisor. The investigator will interview individuals, observe or interview the child or children, review documentation, and determine whether there is sufficient information to believe that a child has been abused or neglected. If they believe that a child has been abused or neglected, they will make the final decision that the investigation should be "indicated." If they do not believe that there is sufficient information to establish abuse or neglect, they will make the final determination that the investigation should be "unfounded." In making that decision, the investigator must classify the abuse or neglect into one or more defined allegation type. Each allegation type, or code, has its own set of facts or factors that must be present in order to "indicate" the report. In addition, investigators are required to consider exculpatory information (information tending to establish that abuse or neglect did not occur) as well as inculpatory information. Having effective representation at the investigation stage can help to ensure that the investigator and his or her supervisor are aware of all exculpatory information, and can focus their attention on missing required facts or information for the relevant allegation.

Just because a case is indicated, does not necessarily mean that a court proceeding will follow. But indicated reports have a certain retention period where they remain on file, and depending on a person's employment or licensing requirements, an indicated report can have serious consequences for your future employment or in a subsequent investigation. After you are indicated, you have a certain amount of time to file an administrative appeal of the indicated finding. Administrative appeals of indicated reports have a high rate of being overturned, sometimes as high as 50%. Therefore, if you are indicated, it is critical that you protect your appeal rights either yourself, or by hiring an attorney to request that appeal.

Adjudication

If a court case is filed, the next significant step in the process is the adjudicatory hearing. At this hearing, the Court determines whether or not the child is abused or neglected, with the standard of proof being a preponderance of the evidence. Adjudication hearings are full bench trials, with application of all standard rules of evidence. You are entitled to discovery of any documentation or reports that will be used at trial. If your child is adjudicated as abused or neglected, your appeal of the indicated report is moot, because a circuit court (which has greater authority than an administrative hearing officer) has made the determination that the child is abused or neglected. You are entitled to appointed counsel if you are unable to afford an attorney. If you are able to afford to retain counsel, the Court may require you to do so. Having the assistance of counsel is critical to your chances of success at obtaining a finding that the child is not abused or neglected.

Dispositional Hearing

Once the child is adjudicated as an abused or neglected minor, the case will be continued for a dispositional hearing. At the dispositional hearing, the Court will decide what the initial permanency goal for the child will be. The most commonly set initial goal is a return home goal. There will also be a service plan created prior to the dispositional hearing which sets forth the services that the parents are required to complete in order to have their child returned to their care. Compliance with those services is critical to getting your child back. If there are barriers to your completion of those services, that should be brought to your attorney's attention immediately, as well as to the attention of your caseworker, so that appropriate accomodations or modifications to the service plan can be made. Again, this is an area where the assistance of an attorney is critical.

Termination Hearing

If the state seeks to terminate parental rights, the case will be set for a hearing on a petition to terminate parental rights. At a termination hearing, the Court will determine whether it is in the best interests of your child to terminate your parental rights. This is, arguably, the most signficant non-criminal consequence a court can impose on an individual. The legal bonds of parenthood are permanently severed. Realistically, if you have not completed your services and if you have not communicated any impediments to those services to your caseworker and your attorney, there is not a lot that an attorney can do to remedy the situation. But if you feel that the evaluations of your efforts at completing services are not fairly judged, or if you can document your attempts to communicate the impediments to your completion of services, retaining counsel to address those issues can be very important. It may not stop the court from terminating your parental rights, but it may help to establish adequate grounds to appeal the termination.

Contact us online or by calling 217-641-2807.