Hurricane Katrina: Legal Issues - Columbus School of Law

confidential (meaning it is not a public record).
PROCESS FOR ABUSE AND NEGLECT CASES
Custody
A child is taken into custody if a police officer has probable cause to believe that the child is endangered or when the
child’s parent, guardian, or custodian is not available to provide for the care and supervision of the child.
Shelter Hearing
The youth court judge determines whether it is in the best interest of the child to remain in their current living
situation or whether the child should be temporarily removed from the home.
The DHS worker will discuss the conditions of the child’s home and the child’s family situation with the court. The
child’s parent will have a chance to tell the court why the child should go home with him/her.
In cases where there is an allegation of abuse or neglect, the court must appoint a Guardian Ad Litem (“GAL”) to
ensure the child’s best interests are met. A court may also appoint a Court Appointed Special Advocate (“CASA”).
The GAL/CASA worker will investigate the facts and circumstances of the case. If the GAL or CASA worker
prepares a report, all parties have a right to confront the GAL/CASA worker and to introduce contrary evidence.
Adjudicatory Hearing
The youth court judge looks at the facts of the case to determine if the evidence proves that the child has been abused
or neglected. The State calls its witnesses and puts on its case. The parent or parent’s lawyer may call witnesses and
may cross-examine any witness testifying against him. The child’s lawyer may also call any witness. Based on the
evidence, the youth court judge then makes a determination as to whether the child is abused or neglected.
Dispositional Hearing
The youth court judge determines what is in the best interests of the child and orders an appropriate measure to
insure that the child is not abused or neglected in the future. In making this determination, the youth court judge
considers the following factors:
1.
The child’s physical and mental condition
2.
The child’s need of assistance
3.
The manner in which a parent, guardian, or custodian participated in, tolerated or condoned the abuse, neglect,
or the abandonment
4.
The ability of the child’s parent, guardian, or custodian to provide proper supervision and care of the child
Review Hearing
Within a year after the dispositional hearing, the judge checks to see if the parent has followed the court’s orders
What Are The Youth Court Judge’s Options For A Child That Is Adjudicated An Abused Or Neglected
Child?
The youth court judge may:
1.
Release the child without further action
2.
Place the child in the custody of his/her parents, a relative or any other person
3.
Order terms of treatment designed to help the child and the child’s parents or guardian