Overview Of The Civil Child Protective Court Process

Procedures for this branch of Government

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Overview Of The Civil Child Protective Court Process

Postby Marina » Fri Sep 15, 2006 9:00 am

http://www.childwelfare.gov/pubs/userma ... ourtsd.cfm

Overview Of The Civil Child Protective Court Process

Summary of Civil Child Protection Court Process

Because the civil child protection court process varies so widely from State to State, the flow chart following this page illustrates just one possible example of how a child maltreatment case might move through the courts. Some States may not require all of the stages or permit all of the options included in the chart. Others may require stages or permit options that are not included in the chart. Options or stages that differ according to State include:

Emergency Removal: Not all States allow children to be removed from their homes without court permission.

Filing Petition: In some States, the petition is filed at the same time that the emergency removal hearing is held.

Pretrial Conference: Many States do not require pretrial conferences.

Periodic Reviews: While some States require all reviews to be conducted by the court, the chart depicts a State where the initial review is performed internally by the child welfare agency. Thus the first court review shown on the chart is essentially a permanency review to determine the ultimate direction of the child's case. If, after review, the child is returned home, some States will not require any further reviews to be conducted. Many States will require continued reviews, however, when the child has been placed in long-term foster care.

Termination of Parental Rights: In some States, a petition to terminate parental rights may be filed at any time after disposition. The chart depicts only the more common practice of filing for termination of parental rights after the permanency review.

Post-Termination Review: Not all States require a review hearing after parental rights have been terminated. In some States, as illustrated in the chart, a review is held after the termination of parental rights to determine what progress has been made in achieving a permanent placement for the child.

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