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Title:

Child Welfare Manual

Section 4:

Out of Home Care

Chapter 2:

Court Related Activities for Placement of Children

Subsection 3:

Court Preparation Checklist

Effective Date:

February 14, 2006

§4 ch2: Court Related Activities for Placement of Children

• 2.3  Court Preparation Checklist

  The following checklist has been designed to assist Children’s Service Workers and families in preparing effectively for court hearings. The list is not exhaustive. The issues should be discussed, well in advance of the court proceeding, with the assigned attorney (or juvenile officer acting in this role) and family members of the court proceeding. This will assist all parties to be prepared more fully and may diminish some anxiety at the hearing.

  • 2.3.1  Preparing the Family for Court

    The court process may place the Children’s Service Worker in an adversarial position with the family. The worker needs to explain this to the family early in the social treatment process. Despite this, the worker is still expected to work with the family to improve the conditions necessitating Division intervention and the court hearing. The following guidelines will assist the worker in preparing the family for court:

    1. Review with the family and the child, if age appropriate, why you have requested court intervention and recommended removal of the child;
    2. Review with the family their progress or lack of progress in achieving the treatment plan;
    3. Review their legal rights;
    4. Describe your role in the court action and hearing;
    5. Assist the family in dealing with their feelings about the court action;
    6. Explain the possible outcomes of the court hearing;
    7. Respond to the child’s possible feelings of guilt, fear, or uncertainty. This is particularly important when the recommendation is to remove the child from the home;
    8. Offer support to the family members. In cases where the recommendation is to remove the child, this support may be in the form of encouraging parents to actively participate in the removal process and subsequent services which might result in return of the child;
    9. Strive to have the judge hear the child’s testimony in chambers rather than in the courtroom, if the child is to testify; and
    10. Prepare the child for what to expect if he/she is to testify. Explain that the child should answer truthfully and answer only those questions to which he/she knows the answer to. Assure the child that he/she is not to blame for the necessity of the hearing. Explain that the judge is there to make a determination as to what is best for the child.

    Sometimes it is helpful to show the child the inside of the courtroom before the hearing to orient him/her to the surroundings such as where participants will be sitting. Role-playing may also be helpful to the child.

  • 2.3.2  Children’s Service Worker Preparation for the Hearing

    The Children’s Service Worker should contact the attorney (or juvenile officer acting in this role) who represents the court’s interests if he/she is not contacted prior to the hearing. The following questions may be important to a  clear understanding of how to testify at the court hearing:

    1. What is the issue at the hearing, i.e., removal from home, jurisdiction of court, termination of parental rights?
       1. What is the legal standard for the action?
       2. What specific facts does the attorney need to know to meet the legal standard?
       3. What specifically, does the worker need to know and testify about?
    2. Who is the judge and how formal or informal is the court?
       1. In a Formal Hearing:
          1. Specific questions are asked on direct examination;
          2. Regular objections by the opposing attorney can be expected; and
          3. The hearing is basically adversarial.
       2. In an Informal Hearing:
          1. Narrative testimony (telling the story in his/her own words) on direct examination may be allowed;
          2. Leading questions may be asked by the attorneys; and
          3. Few objections are raised during testimony.
       3. Is expert testimony needed?
          1. What are the qualifications, in the jurisdiction for an expert witness?
          2. Does the Children’s Service Worker meet the qualifications?
          3. What information is needed to show that the worker can qualify as an expert witness?
       4. Who is the opposing attorney?
          1. What is this person like?
          2. Does this attorney have experience in these matters?
          3. What kinds of questions should the worker expect on cross-examination?
       5. Is there a Guardian Ad Litem (GAL)?
          1. If there is no GAL, should one be appointed?
          2. The worker may want to call the GAL and discuss the case, if allowed.
          3. What kinds of questions should the worker anticipate from the GAL?
       6. Does the Children’s Service Worker need to take the agency file? Has the case record been subpoenaed?

          NOTE:  In any judicial proceeding involving the custody of a child, the fact that a child abuse and neglect report may have been made pursuant to sections 210.110 to 210.165 shall not be admissible. However, nothing in this subsection shall prohibit the introduction of evidence from independent sources to support the allegations that may have caused a report to have been made (210.145, RSMo).

          This provision of the law is to limit harassment reports. However, as a result, staff may be denied the ability to enter some evidence.

       7. Is there evidence that is needed from other sources?
          1. Other witnesses.
          2. Written reports.

  • 2.3.3  At the Hearing

    These guidelines are provided to assist the Children’s Service Worker during the hearing:
    1. Dress appropriately and professionally. How you present yourself to the court impacts on your credibility;
    2. Listen carefully to the attorney’s questions;
    3. Be as specific as possible with answers to the attorney’s questions, i.e., when asked how often you have seen the client, say "Three times from May 2000 through the present."  NOT - "I guess 2 to 3 times in the last year or so;"
    4. If you don't understand a question, you did not hear it or you do not know the answer, say so. Ask that the question be repeated or rephrased if necessary; and
    5. On cross-examination remember two things:
       1. Always pause for a few seconds to give your attorney time to object to the question if he/she desires. If you blurt out an answer which is detrimental to your case and an observation could have been made, the court may allow the answer to be stricken, however everyone will have heard it. If you are asked a question by the opposing attorney and your attorney objects, do not say anything until the judge has ruled. Sometimes the attorneys will both present explanations for their positions. The judge will either sustain the objection, which means you do not have to answer the question, or the judge will overrule the objection, which means you do have to answer.
       2. Always answer only what you are asked by the opposing attorney. Do not volunteer information. It is the opposing attorney’s job to ask the questions and get the answers he/she feels will benefit his/her position. If you want to explain an answer, ask if you may explain. If the opposing attorney says no, you have at least alerted your own attorney to request an explanation or redirect.

Chapter Memoranda History: (prior to 1/31/07)

CS03-32, CD06-16

Memoranda History: