Researching references to the Adjucatory Hearing
Posted: Tue Jun 20, 2006 7:17 pm
Researching references to the Adjucatory Hearing
HHS
Overview Of The Civil Child Protective Court Process
http://www.childwelfare.gov/pubs/userma ... ourtsd.cfm
"The Adjudicatory Hearing
Once pretrial matters have been resolved, the adjudicatory hearing or trial should ideally begin soon after. At this stage of the civil court process, based on the evidence presented at trial, the judge must decide whether the child has been abused or neglected. Each party will question his/her own witnesses; cross-examine opposing witnesses; and may present other evidence in the form of documents, records, photographs, or videotapes. (See also "Types of Evidence" and "Direct, Cross, and Rebuttal Examination.")
The attorney for the party who has filed the petition, usually the CPS agency, must present enough evidence to convince the judge that the abuse or neglect did, in fact, occur. Those in the legal system refer to this responsibility as the burden of proof. In a civil case, depending on the State, this burden is either to show by a preponderance of evidence or by clear and convincing evidence that the abuse or neglect happened (as opposed to a criminal case where the guilt of a given individual must be established by proof beyond a reasonable doubt). (See the section on how much evidence is required in a subsequent chapter in this manual entitled "Proving Child Maltreatment in Court.") To determine whether a party has met his/her burden of proof, the trier of fact will not merely take into account the amount of evidence presented on each side (e.g., how many witnesses), but will also consider the quality of that evidence (e.g., how credible and/or persuasive the witnesses are).
Increasingly, courts (through State law or judicial system rules) are being required to complete these hearings within a given period of time from the filing of the petition or the removal of a child from the home (e.g., 30 days). In some additional States, a judge's written factual determination, known as findings of fact, must also be made within a specific period of time.34 The purpose of these requirements is to avoid case resolution delay that may be harmful to the child.
If the judge finds at the adjudicatory stage that maltreatment was not proven, he/she will dismiss the case. This means that the legal proceedings are terminated. In that situation, the child welfare agency has no leverage from the legal system to continue the case plan; however, the case plan may continue if the parents cooperate voluntarily."
HHS
Overview Of The Civil Child Protective Court Process
http://www.childwelfare.gov/pubs/userma ... ourtsd.cfm
"The Adjudicatory Hearing
Once pretrial matters have been resolved, the adjudicatory hearing or trial should ideally begin soon after. At this stage of the civil court process, based on the evidence presented at trial, the judge must decide whether the child has been abused or neglected. Each party will question his/her own witnesses; cross-examine opposing witnesses; and may present other evidence in the form of documents, records, photographs, or videotapes. (See also "Types of Evidence" and "Direct, Cross, and Rebuttal Examination.")
The attorney for the party who has filed the petition, usually the CPS agency, must present enough evidence to convince the judge that the abuse or neglect did, in fact, occur. Those in the legal system refer to this responsibility as the burden of proof. In a civil case, depending on the State, this burden is either to show by a preponderance of evidence or by clear and convincing evidence that the abuse or neglect happened (as opposed to a criminal case where the guilt of a given individual must be established by proof beyond a reasonable doubt). (See the section on how much evidence is required in a subsequent chapter in this manual entitled "Proving Child Maltreatment in Court.") To determine whether a party has met his/her burden of proof, the trier of fact will not merely take into account the amount of evidence presented on each side (e.g., how many witnesses), but will also consider the quality of that evidence (e.g., how credible and/or persuasive the witnesses are).
Increasingly, courts (through State law or judicial system rules) are being required to complete these hearings within a given period of time from the filing of the petition or the removal of a child from the home (e.g., 30 days). In some additional States, a judge's written factual determination, known as findings of fact, must also be made within a specific period of time.34 The purpose of these requirements is to avoid case resolution delay that may be harmful to the child.
If the judge finds at the adjudicatory stage that maltreatment was not proven, he/she will dismiss the case. This means that the legal proceedings are terminated. In that situation, the child welfare agency has no leverage from the legal system to continue the case plan; however, the case plan may continue if the parents cooperate voluntarily."