Our new baby fd's adjudication hearing is in December and her dispositional hearing is in January. Could someone explain the purpose of these hearings. Our fd's mother says she is going to fight, even if she has to appeal to get the baby back on the day of the dispositional hearing, is that possible?
BTW, we are in Illinois
Adjudication: A hearing to figure out if there has been a crime.
(This is referring to the parents and why the child was taken into care)
Disposition: This is the decision about where the youth should live (such as in state custody), as well as what the parents, DHS and the youth must do to change the problems. Please understand that sometimes court hearings are continued and changed to another date for various reasons. For instance, someone may not show up, or everyone at court may feel it’s a good idea.
Source: [url=]FosterClub | Glossary of Foster Care Terms[/url]
This site has much valuable information regarding foster care that is explained in layman's terms and is pretty easy to understand.
It is possible to have the judge rule to return the child on the day of either hearing, depending on what the findings are.
In our system, the adjudication hearing only asks one question: "Was this child abused or neglected?" If yes, DSS was right to remove the child, and the child will stay in care.
The dispositional hearing is where a treatment plan is given to the parents and a short-term plan for the child is made. This is where the court can choose to keep the kid in a foster home or move the child to a relative, a group home, or an institution if warranted.
Just another note. The foster case is a civil case. The adjudication results in a "finding of true" or "no finding of true." The standard of proof is "more likely than not."
Technically, a finding of true would not have to mean the child stays in foster care. The court could, at the dispositional hearing, decide that it is safe for the child to return or safe for the child to return while the parents work a case plan.
IRL, I think it would be pretty rare for a child to return home after a finding of true.
Before adjudication there is a preliminary hearing. That can happen before removal on a court order or after an ex parte removal--as in an emergency removal with no prior court order. The court decides if there is/was cause for the removal at the preliminary hearing and makes a preliminary order regarding placement of the child pending adjudication and disposition.
Cause does not equal a finding of true.
The adjudication and disposition of a foster case are completely separate from criminal proceedings. Criminal proceedings have a finding of guilty or not guilty. The standard of proof is higher, "beyond a reasonable doubt."
So, there could be a finding of true but also not guilty or a plea to a lesser criminal charge.
In many agencies, both seem often to be CPS's "show," not the ultimate cw's.
My FDs adjudication and dispositional hearing happened last week on the same day. If the decision was they were to remain under guardianship of social services in foster care, what is the next court step and timeframe?
I'm glad this was brought up, because it's so nice to hear from other foster parents who 'know the ropes'.
We got our fd when she was 3 days old back on Aug 6th. Her bmom has yet to have her adjudication. Many reasons, but they tried twice and the last time the judge threw the entire case out. CSB had to reopen the case and now the adjudication is set for Dec 17th. It's a headache. We're in Ohio
Can anyone help with the timeframe on this? I don't want to make a separate thread.
What is the normal time frame for the next step in court following the dispositional hearing?
In Illinois, I believe they do a status hearing in 6 months after that to give the bios a chance to work their case plan and get the child back. I think that is right.