Waiving the temporary custody hearing

[Marina]

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http://www.jbs.org/node/4631

Families Separated by the State

By Gregory A. Hession, J.D.
Published: 2007-07-23 05:54 Family


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Before I got involved as counsel, Steve Bennett and Heidi Tranberg’s court-appointed counsels told them to waive a temporary custody hearing.

What the lawyers didn’t tell them was that such a waiver means they have no legal means to get the children home for at least a year, if not two. When I came on the case, the damage was done, and every request to return the children is met with a smug, “They waived their hearing. We have custody.”

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The children are receiving no benefit from being in DSS custody that would be an improvement over their own home. However, when the parents ask DSS why their children can’t come home, they get no answers, other than the continual refrain, “Because we have custody.”

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As happened to the Bennett/Tranberg family, the Howards’ court-appointed lawyers told them to waive their custody hearing, without explaining the consequences. When I later began to represent them, much damage had been done that could not be fixed.

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A lawyer who fights these agencies, rather than simply giving up his clients’ rights (as their previous attorneys often did), is a lonely figure. The one thing that continues to supply me with energy and hope is the knowledge that I can save some families from losing their children, and can help reunite other families that have already been torn apart, for no reason other than the state decreed it be done.

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[Marina]

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http://jec.unm.edu/resources/benchbooks ... /ch_13.htm

Judicial Education Center of New Mexico
Child Welfare Handbook
Chapter 13: Custody Hearing

13.1. Purpose of Hearing
13.2. Timeline
13.3. Participants
13.4. Hearing Closed to Public; Records and Information Confidential
13.5. Appointment of Counsel
13.6. Advisement of Rights
13.7. Conduct of the Hearing
13.7.1. General
13.7.2. Probable Cause
13.7.3. Temporary Custody
13.7.4. Reasonable Efforts
13.7.5. Examinations and Evaluations
13.8. Indian Child
13.9. Stipulations
13.10. Evidence
13.11. Findings and Order
13.12. Checklist


13.9 STIPULATIONS
Frequently respondents will waive the probable cause hearing and stipulate to interim custody, but enter a denial as to the petition. It is important, however, to keep in mind the need to make a record as described in §§13.10 and 13.11 below.

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[Marina]

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http://www.mscode.com/free/statutes/43/021/0309.htm

Mississippi

SEC. 43-21-309. Detention and shelter hearings.

(5) The child with advice of counsel may waive in writing the time of the detention hearing or the detention hearing itself. The child's guardian ad litem, and parent, guardian or custodian, and child may waive in writing the time of the shelter hearing or the shelter hearing itself. If the child has not reached his tenth birthday, the child's consent shall not be required.

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