Timelines/Standards of Proof

Question 1

1. Shelter

Answer 1

Term used when a child is removed from the home but hasn’t been a trial yet to decide if child is dependent.

Question: Should child be removed from home?
If so, hearing held:
Time: W/I 24 hours

SoP: Probable Cause

Question 2

2. Arraignment

Answer 2

Have parents received notice and been advised of rights?

Time: W/I 28 day’s of shelter

Question 3

3. Adjudication (trial)

Answer 3

Conducted by judge, not jury

Is the child dependent?

Time: W/I 30 day’s after arraignment

SoP: Preponderance of the evidence

Note: A child may not be held in shelter for more than 60 days w/o an adjudication of dependency

Question 4

4. Disposition

Answer 4

Should the game plan for the case be approved and where should the child live pending final resolution?

Time: W/I 30 days of adjudication

Question 5

5. Judicial Review

Answer 5

Has there been progress on case plan?

Time: W/I 90 days after disposition or approval of case plan, and then every 6 months until case is closed

Question 6

6. Permanency hearing

Answer 6

Has there been progress towards finding child a “forever family”?

Time: 12 months after child is removed, and every 12 months thereafter

Question 7

7. Termination of parental rights

Answer 7

Should paren’t rights be permanently terminated

SoP: Clear and convincing evidence