Researching references to --Pre-Trial Settlement Agreement

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Marina
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Researching references to --Pre-Trial Settlement Agreement

Postby Marina » Sat Jul 08, 2006 5:32 pm

Pre-Trial Settlement Agreement

Working With the Courts in Child Protection
User Manual Series
Author(s): U.S. Department of Health and Human Services
Feller, Davidson, Hardin, Horowitz
Year Published: 1992

Overview Of The Civil Child Protective Court Process

http://216.109.125.130/search/cache?p=s ... 1&.intl=us

Pretrial Conferences and Negotiating Case Settlements

Although it is not conducted in many courts, a pretrial case conference serves a number of critical purposes in a civil child protection proceeding. Since a child's future hangs in the balance during the pendency of such a proceeding, a fair, thorough, and speedy resolution of the case will always be in the child's best interests. The pretrial conference is designed to promote such a resolution by providing an informal forum for settlement negotiations. If the parties can agree that the child has been abused or neglected (stipulate to an adjudication), further time-consuming court proceedings become unnecessary.30 At the same time, implementation of the child's case plan can be expedited, and additional traumatic division among family members may be avoided.

However, settlement is not always desirable. Some children may feel that their disclosures have not been believed or taken seriously, that they were wrong to tell, or that their abuser is "getting away with it." Depending on the circumstances, children may also feel vulnerable to further abuse. Settlements may have a downside for parents, too. A parent who vehemently denies the abuse or neglect may feel pressured into accepting a settlement that, either explicitly or implicitly, acknowledges his/her responsibility.

Mediation may be particularly appropriate at this point to assist the parties in reaching an agreement nonadversarily.31

Regardless of how cases are settled, case resolution agreements must be properly drafted to create an adequate record for future court involvement, if it becomes necessary. In addition, in order for the family's child welfare agency case plan to be effective, the parties should agree on, not only the outcome of the case, but also on certain material facts underlying the petition as well. Parents, children, and the State or county child welfare agency need proper representation at this stage in the proceeding to ensure that no one is coerced into an agreement, and that the child's interests are reflected in the negotiations.32

If settlement cannot be achieved, the pretrial conference is still important to expedite the coming trial and to keep its length as short as possible. The conference provides an opportunity for identifying and clarifying trial issues, resolving discovery disputes, and encouraging the exchange of information to avoid surprise at trial.33
Last edited by Marina on Sat Jul 08, 2006 5:42 pm, edited 1 time in total.

Marina
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Postby Marina » Sat Jul 08, 2006 5:36 pm

AMERICAN BAR ASSOCIATION STANDARDS OF PRACTICE FOR LAWYERS WHO REPRESENT CHILDREN IN ABUSE AND NEGLECT CASES Approved by the American Bar Association House of Delegates, February 5, 1996

http://216.109.125.130/search/cache?p=s ... 1&.intl=us

C-6. Negotiate Settlements. The child's attorney should participate in settlement negotiations to seek expeditious resolution of the case, keeping in mind the effect of continuances and delays on the child. The child's attorney should use suitable mediation resources.

Commentary- Particularly in contentious cases, the child's attorney may effectively assist negotiations of the parties and their lawyers by focusing on the needs of the child. If a parent is legally represented, it is unethical for the child's attorney to negotiate with a parent directly without the consent of the parent's lawyer. Because the court is likely to resolve at least some parts of the dispute in question based on the best interests of the child, the child's attorney is in a pivotal position in negotiation.

Settlement frequently obtains at least short term relief for all parties involved and is often the best resolution of a case. The child's attorney, however, should not become merely a facilitator to the parties' reaching a negotiated settlement. As developmentally appropriate, the child's attorney should consult the child prior to any settlement becoming binding.

Marina
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Postby Marina » Sat Jul 08, 2006 5:41 pm

ARIZONA REVISED STATUTES ANNOTATED
TITLE 8. CHILDREN
CHAPTER 10. DEPENDENT CHILDREN
ARTICLE 2. REMOVAL OF CHILD


http://www.law.arizona.edu/Depts/Clinic ... h10a2.html

§ 8-826. Further hearings and proceedings


If a parent or guardian denies the allegations at the preliminary
protective hearing the court may set the date for the dependency
adjudication hearing as to that parent or guardian. An initial
dependency hearing shall not be held as to that parent or guardian. The
court shall also schedule the settlement conference, pretrial conference
or mediation that is prescribed in § 8-844. The court shall also instruct
the parent or guardian that the failure to appear at the pretrial
conference
, settlement conference or dependency adjudication hearing
may result in an adjudication of dependency and disposition as to the
parent or guardian who does not appear
.

Marina
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Postby Marina » Sat Jul 08, 2006 5:50 pm

IN THE INTERMEDIATE COURT OF APPEALS




OF THE STATE OF HAWAI`I






---o0o---






IN THE INTEREST OF JANE DOE,

Born on June 29, 1994






NO. 21145






APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT




(FC-S. NO. 94-035K)






APRIL 14, 1999






BURNS, C.J., WATANABE, AND ACOBA, JJ.






OPINION OF THE COURT BY ACOBA, J.




http://66.218.69.11/search/cache?p=sett ... 1&.intl=us


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