STRUCTURED COURT OBSERVATION

Legal Resources Child welfare workers are actively involved in the judicial system. You will petition the court to hear complaints. There will be regular judicial progress reviews. In accordance with DHS policy, you will make recommendations to the court. Your recommendations will hold great weight. Its of critical importance that you understand the child welfare legal process and your role in it. Luckily there are a number of resources that you can use to guide you. Core Resources The DHS manuals are based on the law and best practice. If you follow the manual you will be in compliance with the law. Guidelines for Achieving Permanency in Child Protection Proceedings (formerly known as the yellow book) should be available in your office. Published by the Childrens Charter of the Courts of Michigan, the Guidelines for Achieving Permanency in Child Protection Proceedings contains information that includes lists of responsibilities and questions that you may find helpful. It is currently being updated with statutory changes that occurred since publication. Those changes do not affect the books advice on hearings. Its a great resource for new AND experienced workers. The Michigan Child Welfare Law Manual is available on the DHS public website at http://www.michigan.gov/dhs/0,1607,7-124-5458_7700---,00.html or www.michigan.gov/dhs News, Publications & InformationManuals & Guides. The manual comprehensively covers the legal mandates of child welfare in our state. Information on Michigans court system can be found at http://www.courts.michigan.gov/# . Forms that you will commonly use are found at http://courts.michigan.gov/scao/courtforms/juvenile/juvindex.htm. Local court officers and your DHS supervisor can assist you in understanding procedures that are specific to your county.

Supplemental Resources The Michigan Judicial Institute produces benchbooks which are procedural manuals used by trial court judges, court staff and trial attorneys. They are another resource you may find helpful as you navigate the court system. Links to benchbooks on adoption, child protection, domestic violence and juvenile justice proceedings can be found at http://courts.michigan.gov/mji/resources/publications.htm. Working with the Courts in Child Protection, created with the support of the Childrens Bureau, U.S. Department of Health and Human Services, is an excellent primer on the relationship between child welfare and the courts. http://www.childwelfare.gov/pubs/usermanuals/courts/courts.pdf

Your local court and prosecutors office may have material they use that would be helpful to you. Use this training as an opportunity to request that information.

Structured Court Observation Structured Court Observation Assignments Objective: To identify the judicial responsibilities of court officers and child welfare staff for each type of child welfare hearing To identify what is necessary to prepare to testify in court To identify examination techniques used by attorneys The following sets of questions are designed to focus your observation of court hearings. There is a list of questions for the following types of hearings: preliminary pretrial adjudicatory dispositional (usually held on the same day as the adjudicatory) review permanency planning termination post-termination Youll notice that a number of questions should be answered before the hearing. Thats because preparing for a hearing is the key to success in testifying. There will be few surprises in the courtroom when you are prepared. The yellow book, Guidelines for Achieving Permanency in Child Protection Proceedings, has excellent, comprehensive lists of questions to help you prepare for the court. It was one of the resources used to develop this exercise. Be sure to take advantage of this valuable resource! Answer the questions which are related to the type of hearing you are observing. By analyzing what you observe, you will prepare yourself for your future interactions with the court.

Preliminary Hearing At a preliminary hearing a determination is made as to whether it is in the best interests of the child to be involved with the court. Before You Leave For the Hearing Read the chapter on preliminary hearings in the yellow book. 1. What steps did the PS worker have to do to get ready for this hearing?

2. What steps did the FC worker have to do to get ready for this hearing?

3. Review the petition. Did the petition name one or more fathers of the children? Is the father a legal or putative father? 4. Does the petition set forth plainly the facts? 5. Are there prevention/intervention services available that could make the filing of a petition unnecessary? 6. What services were offered to the family before the petition was submitted? 7. Are there relatives who would be willing to have the child placed with them?

8. If there are siblings, is there a plan for placing the children together?

Before the Hearing 1. What did the CPS worker bring with them to the hearing? (e.g. case notes, copy of petition)

2. What did the foster care worker bring with them to the hearing?

3. Was there a conference held before the hearing? Was the child welfare worker a part of the conference? If there was a conference, who was present and what was discussed?

4. In the courthouse, did the CPS worker speak to the parent/defendant before the hearing? At the Hearing 1. Who presided over the hearing?

2. Who was there? Where were the participants located in the room? Was there a Lawyer representing DHS? What agency were they from? (Prosecutors office or Attorney Generals office?) What was their name? Lawyer for the Parent(s)? Names?

Lawyer-Guardian ad Litem for the Child? Name?

Was there a Court Appointed Special Advocate?

3. Are the whereabouts of both parents known? If not, did the presiding officer ask what efforts were made to locate the parents?

4. Was Native American heritage addressed at the hearing? How?

5. Was any family member or friend in the courtroom to support the parent/defendant?

6. Who questioned the CPS worker? What was the nature of the questions?

7. Was the petition authorized?

8. Were the children ordered to be placed outside the parents home? If so, where were the children placed?

9. Did the CPS worker speak to the parent/defendant after the hearing?

Pretrial Hearing: A pretrial is not required. In jurisdictions where they are held the purpose is to provide an opportunity for resolution without a trial, establish time frames for discovery or the investigation of the facts, and to set a date for the trial. Before You Leave For the Hearing Read the chapter on pretrial hearings in the yellow book. CPS 1. What steps did the PS worker have to do to get ready for this hearing? 2. Was the petition amended? How and why? 3. Is there a list of witnesses? FC 1. Has an Individualized Service Plan been prepared?

2. Is there an absent parent? What steps have been made to locate? 3. Have steps been taken to keep siblings together? 4. Have reasonable efforts been made to place the child in a family like setting?

Before the hearing 1. What did the CPS worker bring with them to the hearing? (e.g. case notes, copy of petition) 2. What steps did the FC worker have to do to get ready for this hearing? What did they bring with them to the hearing?

3. Review the petition. Did the petition name one or more fathers of the children? Is the father a legal or putative father?

4. Does the petition set forth plainly the facts?

5. Was there a conference held before the hearing? Was the child welfare worker a part of the conference? If there was a conference, who was present and what was discussed?

6. Did the CPS worker speak to the parent/defendant before the hearing? (while in the courthouse) At the hearing 1. Who was present? Was there a: Lawyer representing DHS? What agency were they from? (Prosecutors office or Attorney Generals office?) What was there name? Lawyer for the Parent(s)? Names?

Lawyer-Guardian ad Litem for the Child? Name?

2. Was there a Court Appointed Special Advocate?

3. Who asked questions of DHS staff? Take notes on what questions were asked. (Its likely that the same sort of questions will be asked at all pretrial hearings.)

Trial or Adjudicatory Hearing: At this hearing the court decides if grounds exist to make the child a ward of the county or state. The court is looking for factual evidence to inform the decision. Before you leave for the hearing Read the chapter on adjudicatory hearings in the yellow book 1. What did the CPS worker do to prepare for the hearing?

2. Was law enforcement a part of the investigation? What was done to cooperate with them?

3. What did the FC worker do to prepare for the hearing? Is there an initial services plan (ISP) to present at the hearing? If there is an ISP, was it developed with parental involvement? What was the extent of that involvement?

4. Were relatives contacted before the hearing for consideration as a possible placement?

Before the hearing 1. What did the CPS worker bring with them to the hearing?

2. What did the foster care worker bring with them to the hearing?

3. Was there a conference held before the hearing? Was the child welfare worker a part of the conference? If there was a conference, who was present and what was discussed?

4. In the courthouse, did the CPS worker speak to the parent/defendant before the hearing?

At the hearing 1. Who was present? 2. Was there a: Lawyer representing DHS? What agency were they from? (Prosecutors office or Attorney Generals office?) What was their name? Lawyer for the Parent(s)? Names? Lawyer-Guardian ad Litem for the Child? Name? Was there a Court Appointed Special Advocate present?

3. List some of questions asked of the CPS worker? by the prosecutor

.by the judge

by the defense attorney 4. List some of questions asked of the foster care worker? by the prosecutor

.by the judge

by the defense attorney

Please note as a CPS worker your obligations are done after the adjudication hearing. You are required to fill out this form through the adjudication hearing. Anything after this page is optional.

Disposition The purpose of the dispositional hearing is to determine the childs placement and to put the service plan into effect. Before You Leave For the Hearing Read the chapter on Dispositional Hearings in the yellow book. 1. Read the petition and any supplemental petitions. What is being alleged? What facts are listed in the petition? 2. What did the CPS worker do to prepare for the hearing? 3. Is the petition requesting out-of-home placement or in-home services? 4. Is there an adult with a relationship with the child (not the parent) who participated in the creation of the service plan? 5. If there are absent parents, what has been done to locate them?

6. What efforts have been made to keep siblings together? Before the hearing 1. What did the CPS worker bring with them to the hearing?

2. What did the foster care worker bring with them to the hearing?

3. Was there a conference held before the hearing? Was the child welfare worker(s) a part of the conference? If there was a conference, who was present and what was discussed?

4. In the courthouse, did the CPS or FC worker speak to the parent/defendant before the hearing?

At the hearing 1. Who was present? 2. Was there a

Lawyer representing DHS? What agency were they from? (Prosecutors office or Attorney Generals office?) What was their name? Lawyer for the Parent(s)? Names? Lawyer-Guardian ad Litem for the Child? Name? Was there a Court Appointed Special Advocate present?

3. List some of questions asked of the CPS worker? by the prosecutor

.by the judge

by the defense attorney 5. List some of questions asked of the foster care worker? by the prosecutor

.by the judge

by the defense attorney

90-Day Dispositional Review Hearing At the review the court will review compliance with the service plan and how well it attends to the needs of the child and family, the progress of the family in addressing the reasons for removal, and determine if it is still appropriate to continue out-of-home placement. Before You Leave For the Hearing 1. What contacts were made by the foster care working during this 90 day period?

2. Does the local court accept the SWSS service plan, or did another format need to be followed?

3. If there is an absent parent, what efforts were made to locate?

4. Was there compliance with the service plan? If not, what was done to address the non-compliance: services or sanctions? Before the hearing 1. What did the foster care worker bring with them to the hearing?

2. Was there a conference held before the hearing? Was the child welfare worker(s) a part of the conference? If there was a conference, who was present and what was discussed?

3. In the courthouse, did the CPS or FC worker speak to the parent/defendant before the hearing?

During the hearing 1. Who was present? 2. Was there a:

Lawyer representing DHS? What agency were they from? (Prosecutors office or Attorney Generals office?) What was thier name? Lawyer for the Parent(s)? Names? Lawyer-Guardian ad Litem for the Child? Name? Was there a Court Appointed Special Advocate present?

3. List some of questions asked of the foster care worker: by the prosecutor

.by the judge

by the defense attorney 4. The court has several options available at the review hearing: order the return of the child home; modify any part of the Case Service Plan; modify the dispositional order; enter a new dispositional order; or continue the prior dispositional order. Which option was implemented? Was this option recommended by the case worker? What evidence supported this option?

Termination Hearing In this hearing the court is petitioned to terminate parental rights. The court must decide if there is clear and convincing evidence that would legally support termination. The court must then decide if termination is in the childs best interest. Before you leave for the hearing 1. Read the chapter on termination hearings in the yellow book. Read the petition and the case. 2. Was the petition written by a CPS or a FC worker? 3. What is alleged in the petition? 4. What reasonable efforts were made to keep the family intact? 5. Was the service plan for the parents related to the reasons for removal listed in the original petition for removal or supplemental petitions? 6. If there is an absent parent, what reasonable efforts were made to locate that parent? 7. What contacts were made in preparation for this hearing?

8. What is being done to address termination with the child(ren)? With the parents? With relatives? With the placement home?

Before the hearing 1. What did the foster care worker bring with them to the hearing?

2. Was there a conference held before the hearing? Was the child welfare worker(s) a part of the conference? If there was a conference, who was present and what was discussed?

3. In the courthouse, did the CPS or FC worker speak to the parent/defendant before the hearing? At the hearing 1. Who was present? Was there a:

Lawyer representing DHS? What agency were they from? (Prosecutors office or Attorney Generals office?) What was there name? Lawyer for the Parent(s)? Names?

Lawyer-Guardian ad Litem for the Child? Name? Was there a Court Appointed Special Advocate present? Witnesses?

3. List some of questions asked of the foster care worker? by the prosecutor

.by the judge

by the defense attorney 4. What was the result of the hearing? What did the court order?

Permanency Planning Hearing When a child remains in care and a termination petition has not been filed a permanency planning hearing must be held not more than 364 days after the original petition was filed. At this hearing the court will determine if reasonable efforts have been made to reunify the child and parents. If the court decides that the child cannot be returned home the agency must file a termination petition with 42 days unless there is a compelling reason that termination would not be in the childs best interest. Before You Leave For the Hearing 1. What contacts were made by the foster care working during the previous 90 day period?

2. Does the local court accept the SWSS service plan, or did another format need to be followed?

3. If there is an absent parent, what efforts were made to locate?

4. Was there compliance with the service plan? If not, what was done to address the non-compliance: services or sanctions?

5. Did the service plan relate to the original removal petition or supplemental petitions? 6. How does the Updated Service Plan (USP) describe the parents progress? 7. What will be recommended to the court?

Before the hearing 4. What did the foster care worker bring with them to the hearing?

5. Was there a conference held before the hearing? Was the child welfare worker(s) a part of the conference? If there was a conference, who was present and what was discussed?

6. In the courthouse, did the FC worker speak to the parent/defendant before the hearing? At the hearing 1. Who was present? 2. Was there a Lawyer representing DHS? What agency were they from? (Prosecutors office or Attorney Generals office?) What was there name? Lawyer for the Parent(s)? Names?

Lawyer-Guardian ad Litem for the Child? Name? Witnesses?

3. Was there a Court Appointed Special Advocate present?

4. What questions were asked of the case worker?

5. What was the result of the court hearing? What did the court order?