IV. Adjudication (Trial)

Question 1

Dependency petition must be filed within ______ days after the shelter hearing.

Answer 1

21

Question 2

Parents must be given _______ and ________ with Petition.

Answer 2

Notice

Served

Question 3

DCF must do a __________________to try and find a parent whose whereabouts are unknown. However, no need to do ____________ if parent not found and adjudication order is still valid.

Answer 3

Diligent search

Publication

Question 4

An arraignment hearing must be held within ______ days of shelter hearing.

Answer 4

28

Question 5

What happens at the arraignment hearing?

Answer 5

1. The parent enters a response - admits, denies or consents to allegations.
2. The parent is advised of the right to counsel and appointed an attorney if indigent.
3. Failure to attend the arraignment is deemed consent to the dependency order.

Question 6

Adjudicatory hearings are conducted by the ________, not a ________.

Answer 6

Judge

Jury

Question 7

Dependency must be proven by a __________________________.

Answer 7

Preponderance of the evidence

Question 8

What are possible grounds for dependency?

Answer 8

1. Abuse (see page 8)
2. Abandonment (see page 8)
3. Neglect (see page 8)
4. There is no parent or legal custodian capable of providing supervision or care.
5. The child is sexually exploited and there is no parent or legal custodian capable of providing supervision or care.
6. The parent voluntarily places the child with DCF for purposes of adoption.
7. The parents voluntarily placed child with DCF and subsequently failed to comply with case plan.

Question 9

What are possible outcomes of the trial?

Answer 9

1. Child not dependent - If the petitioner has not proven the case by preponderance, the court must dismiss the case.
2. Adjudication withheld - If the petitioner has proven the case by preponderance of the evidence but a child can safely be placed at home, the court can withhold adjudication and order services in the home. If the parent complied with conditions, case will be dismissed. If not, court can enter adjudication without new trial.
3. Child is dependent.