Court can be a confusing, scary place where you don’t know what to expect, who the players are or what’s really going on. Especially when you’ve grown up in foster care, people might bring up painful events from your past that seem to have nothing to do with your current case or who you are now.

Having some knowledge of what to expect in court can help you prepare for the difficult emotions you may feel there. Knowing your rights and having strategies for working with your legal team A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases. Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations. The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf. Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. can help ensure that you are heard.

In this section, you’ll find information about your rights in court as well as advice about managing the court process from parents who grew up in care.

Know Your Rights

“When I first started going to court and someone said something that was a lie, I would have angry outbursts because I felt like I needed to jump up to clarify that what they said was wrong. 

But my therapist told me those outbursts could hurt my chances of getting my kids home. It was trial and error figuring out what would help me get my emotions under control. 

I tried chewing a piece of gum or sucking on hard candy to help me keep my mouth shut but that only kind of worked. 

I also tried having something positive in my mind when they were talking about the allegations against me, like an upcoming visit with my kids and what I wanted to do with them. Thinking positive thoughts helped me not react to the negative things said about me in court.”

-Sharkkarah Harrison, former youth in foster care

You have a right to a lawyer. As a child in foster care, you’ve probably been represented by a lawyer from Legal Aid Society or Lawyers for Children. When you are in court as a respondent parent, the lawyer and legal team that represented you as a youth can continue to support you. As a respondent parent, you will also be assigned a lawyer from a legal organization depending on where you live or an independent lawyer called an “18B Lawyer An 18B lawyer is an attorney assigned by the court to represent a party in Family Court..” The legal organizations in New York City include Brooklyn Defender Services, the Bronx Defenders, and The Center for Family Representation, which serves clients in Manhattan and Queens. Lawyers from legal organizations also have social workers and parent advocates working with them who are a part of your team. The social workers and parent advocates will be able to speak directly to any investigating worker or caseworker and can attend all conferences with you. With your permission, the legal team representing you as a youth and the legal team representing you as a respondent parent can collaborate in defending you.

You are guaranteed to meet the lawyer representing you as a respondent parent the first day in court. Whenever possible, it is a good idea to contact your lawyer before you go to court. Read Your Lawyer and You to find out how to do that.

When the lawyer is assigned to represent you, make sure to get the lawyer’s business card or all the information you’ll need to contact them, including their name, office address, office telephone, and cell phone number.

Who’s on Your Legal Team 

You will have a legal team that represents you as a youth in foster care. You will have a second legal team that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The legal team that represents you as a youth in care can also support you if you become the subject of a child protective investigation. With your permission, they can collaborate with the legal team that represents you as a parent.

Lawyer Your lawyer is required to represent you and your best interest in and out of court, advocate for your needs, and explain the court and legal process to you. If you are the subject of  a child protective investigation or case, they are the ones to respond to abuse or neglect allegations and findings against you.
Social Worker Your social worker works with your lawyer and your advocate to ensure that your needs are heard and understood, and if you are the subject of abuse or neglect allegations, to understand the circumstances that led to those allegations. Your social worker or your advocate can also work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Advocate Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocate for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in foster care or are parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences. They cannot represent you in court nor provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.

You Have a Right to Bring Support. It can help to have someone with you for support when you go to court, whether it’s an advocate A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases. Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations. The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf. Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf., therapist, family member, partner, mentor, or friend. Be prepared, though, that you and that person may have to wait for several hours in the waiting room before your case is heard. If the person you bring with you is not used to going to court, make sure they are prepared and know what to expect.

If your child was removed and may be placed with a relative of yours in foster care, it is helpful to have the person come with you to court to speak to both CPS and the judge about their willingness to be a placement Where a child is living during the Family Court case, if not at home. For example, a child is “placed” in foster care. If the child is living with a relative, that would be considered a “kinship placement” if the child is in care. If the child is not technically in care but removed from the parents and living with a relative under ACS supervision, that is called a “release” or a “direct placement.” resource for the child.

You have the right to a copy of the petition A formal written application to a court requesting an action. A petition also starts a case; for example, a father asks to have full custody of his son by filing a petition. (the charging document filed against you) and to fully understand the allegations The “charges” against you in Family Court. Allegations are what ACS is saying you did or didn’t do that caused or could have caused neglect or abuse of your child. against you. You have a right to your own copy of the petition that lists the charges (“allegations”) that ACS has made against you. If you don’t have a copy, you can ask your lawyer, the judge, or your caseworker to give you a copy.

It can be painful to read the petition, and you may want a friend or advocate to be there with you when you do, but it’s important to know what is stated in the allegations, so that you can work with your lawyer to respond to them. Your lawyer should review the petition with you, and you can ask your lawyer to explain anything about the allegations against you that you don’t understand. It may be hard to go through the entire petition in detail on your first day in court, because once you get the petition, your hearing may move quickly. If that happens to you, ask your lawyer to set up a time for you to go to their office so you can talk in greater depth about your petition and case.

You have the right to be informed of and to appear at all of your court dates and be provided transportation to them. The judge, your lawyer, and your caseworker are all responsible for informing you when your next court date will be. Make sure to have a calendar where you keep that information and other important information about your case.

When you are a young person in foster care, it’s your agency’s responsibility to make sure that you have transportation to your hearings. Discuss transportation with your caseworker and make sure you arrive at your court appointment early so you have time to make it through security and to your hearing on time. Judges care a lot whether parents arrive on time, and if you arrive early, you will hopefully have a chance to talk with your lawyer before seeing the judge.

If you have strong evidence that your child should not have been removed, you can ask for an immediate hearing to have your child returned. You have a right to a 1028 hearing A hearing at which you can ask for the immediate return of your child if you and your lawyer agree that you have strong evidence that your child should never have been removed. You can ask for this hearing early in the case. A 1028 hearing decides where a child will live before the judge decides whether or not a child was neglected or abused. Winning a 1028 hearing does not mean the neglect/abuse case against you goes away, but it could mean that the child lives with you while the case continues. within three business days from the date you request it. The hearing is specifically available for you to show to the judge that your child should be immediately returned to you, because you have strong evidence that either ACS should never have removed them in the first place or you have been able to address the safety concerns since your child was removed. The legal standard in this hearing is “ imminent risk When a child is at risk of imminent (immediate) or substantial risk of harm. Imminent danger is a way of measuring how close a child is to being harmed by those legally responsible for them. In order to determine how immediate the harm might be, a caseworker or judge would consider if an intervening factor would likely occur to prevent the harm from happening..” Talk to your lawyer about whether it is in your best interest to ask for a 1028 hearing now or wait until a later date. You can generally ask for a 1028 hearing up until the commencement of the fact-finding A “trial” during which the judge listens to witnesses and reviews evidence. At the fact-finding hearing, ACS may present hospital and agency records, photographs, and other evidence of neglect or abuse, and may produce witnesses. If appropriate, the child may be called as a witness. Sometimes young children may be seen by the judge in "chambers" (the judge's office) instead of in the courtroom. Parents and caregivers have the right to cross-examine the witnesses and challenge the evidence produced in court, and to present their own witnesses and evidence. At the end of the trial (which may last several days and be spread out over months), the judge decides whether a parent neglected or abused their child. (the hearing at which the judge determines whether you abused The Office of Children and Family Services defines abuse as being when a parent or person legally responsible for a child causes the child significant physical injury, creates a great risk of physical injury, or sexually abuses a child or neglected When a child under age 18 experiences physical, mental, or emotional impairment, or is in imminent danger of becoming impaired, as a result of the inability to exercise a minimum degree of care by their parent or other legally responsible caregiver. In New York, neglect is defined by Soc. Serv. Law § 371; Family Court Act § 1012. Neglect can be physical, medical, educational, or emotional, and may include a parent failing to provide adequate supervision, food, medical care, appropriate clothing, or access to education. Neglect could also include leaving a child alone or with an inappropriate caretaker, insulting a child, making the child feel afraid, or taking drugs or drinking alcohol to the point of not being able to adequately take care of a child. your child).

Show your commitment to your child. Only you and your lawyer can decide how to handle your case: when to fight, when to cooperate, and when to do both. The one thing that all parents can do is to work with your lawyer to find ways to show the court your commitment to your child.

 

Your Lawyer and You

It is your lawyer’s job to fight for you in court. That’s why it’s important to know how to communicate with your lawyer.

Here are some tips from parents for communicating with your lawyer.

The lawyer who represents you as a youth in care can continue to support you if you have a case as a respondent parent. As a youth in foster care, you should already have a lawyer from either Legal Aid Society or Lawyers for Children. Whenever you are facing difficulties, and especially if safety concerns have been raised about your parenting, you should reach out to the legal team that represents you and supports you as a young person in care. They can help you navigate these challenges. If a report has been called in on you and you are facing an investigation, they can help you navigate that process and decide if and when to contact a lawyer that represents respondent A person who faces allegations of abuse or neglect in family court. This is similar to the “defendant” in a criminal case. In a child protective case, the respondents are usually birth parents. parents in court.

If you have a court case as a respondent A person who faces allegations of abuse or neglect in family court. This is similar to the “defendant” in a criminal case. In a child protective case, the respondents are usually birth parents. parent, a new lawyer will be assigned to represent you. With your permission, the legal team that represents you as a youth can collaborate with the legal team that represents you as a respondent parent. The legal team that represents you as a youth can play an important role in supporting you and defending you because they already have a relationship with you and may know information about you that could help your case.

You are guaranteed to meet your lawyer who is representing you as a respondent A person who faces allegations of abuse or neglect in family court. This is similar to the “defendant” in a criminal case. In a child protective case, the respondents are usually birth parents. parent the first day in court. When possible, find out who your lawyer is before you go to court. It’s not unusual for parents to meet their lawyer on the day they show up for their first court hearing, which can add to anxiety and confusion you may already feel.

As soon as you know you are being investigated, you can reach out to ask to be represented by a lawyer that represents parents or you can contact the lawyer that represents you as a youth, and that lawyer can help you connect to a parent lawyer. If you have already been assigned a court date, you can also call to see if you can connect with a lawyer before you arrive at the courthouse.

Find the contact information for parent lawyers here:

Worksheet: Lawyers in NYC

When you find out who your lawyer is, make sure you also find out their office telephone number, cell phone number, and email address. Also ask what the best way to reach your lawyer is. If your lawyer is part of a legal services office A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases. Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations. The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf. Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf., ask for the main office number. Get a business card if you can and keep that information safe!

If you are unable to reach your lawyer before you go to court, you can ask a member of the legal team A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases. Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations. The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf. Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. that represents you as a young person about what to expect in court. They do not represent you as a parent, but they can provide you with guidance until you connect to the lawyer that will represent you as a respondent parent.

Prepare what you want your lawyer to know before your first court date. Parents say that under the pressure of being in court, it’s easy to forget what they wanted to say. Having your points prepared in writing helps. You may want to write down a few of the most pressing questions and concerns that you have for your lawyer before your first meeting with your lawyer or before you get to court.

You may also want to gather any documentation you have that relates to care you have been providing to your child. This could include papers from your or your child’s medical or mental health providers or your child’s school records. If you can, bring with you the names and numbers of any service providers with whom you’re working. Also bring any conference paperwork that ACS gave you. While your lawyer may not be able to carefully look through everything on the first day you meet, it will be helpful to have this documentation gathered in one place.

Regularly communicate with your lawyer before and after court. Your lawyer should meet with you before your court date so that you can discuss how you want your lawyer to represent you and to see if there are any papers or motions to file before court. You can ask your lawyer to go through, step by step, what they are planning to say on your behalf and what, if anything, you should say or not say.

You should also meet with your lawyer immediately after court so your lawyer can answer any questions you have and talk about next steps. As one parent explained, “I would tell my lawyer, ‘I don’t understand what just happened in court. Are we moving forward or backward? Is what just happened in court negative or positive for my case?’ And my lawyer would explain it.”

Find out the best ways and times to communicate with your lawyer. You may have questions or concerns to raise with your lawyer at times when they are not available. It can be frustrating to leave messages and not get an immediate call back. That’s why it’s a good idea to ask your lawyer about the best ways and times to communicate, how often to be in touch, and how quickly to expect a response. You should also let your lawyer know the best way to reach you.

Your case is very important AND your lawyer may be very busy. The more you can communicate as clearly as possible what you need and want, the more you will be helping your lawyer help you.

It can also be a good idea to let your lawyer know about the progress you’re making. As one parent explained: “Every week or two I would send my lawyer an email letting her know that I was attending all my appointments or that I had completed something from my service plan An agreement with ACS detailing the services that will be required to address the safety concerns in the report. Service plans are based on an assessment of the family’s needs and circumstances. The family service plan should be prepared in consultation with the child if they’re 10 or older, with the child’s parent or guardian, unless they’re unable or unwilling to participate or their participation would be harmful to the child, and, when appropriate, with the child’s siblings. The plan shall include at least the following: Timeframes for periodic reassessment of the care and maintenance needs of each child and the manner in which such reassessments are to be accomplished Short-term, intermediate, and long-term goals for the child and family and actions planned to meet the needs of the child and family and each goal Identification of necessary and appropriate services and assistance to the child and members of the child's family Any alternative plans for services where specific services are not available and any viable options for services considered during the planning process Where placement in foster care is determined necessary, specification of the reasons for such determination, the kind and level of placement, any available placement alternatives, an estimate of the anticipated duration of placement, and plan for termination of services under appropriate circumstances. I didn’t expect her to write me back. I just didn’t want her to forget about me, and I wanted her to know that I was doing my part.”

Use your whole legal team A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases. Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations. The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf. Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf.. Lawyers from agencies also have social workers and parent advocates working with them who are a part of your team. The social workers and parent advocates will be able to speak directly to any investigator or caseworker and can attend all conferences with you. They can also be a support for you between court dates and meetings. For instance, the advocate or social worker may be able to help you if you’re having trouble finding services that are right for you, if you want to prepare a personal statement for the court, or if you want to talk through something upsetting that happened. You can also ask the advocate or social worker to leave a message for your lawyer if you are having trouble contacting your lawyer directly.

Tell your lawyer the whole truth. You may feel unsure whether to trust your lawyer. You may also not want to share everything you’ve been through with your lawyer, because you may already feel harshly judged. But if you don’t tell your lawyer the whole truth about your case, your lawyer will have a harder time defending you, especially if ACS or the caseworker bring up issues that your lawyer doesn’t know about.

Remember, whether or not you like your lawyer, anything you tell your lawyer is confidential An agreement that the information you share with your caseworker, lawyer, organization, agency, or any other individual or group will not be shared with anyone else without your explicit permission, often in writing. Confidentiality also means you have the right to know what information you share can or will be shared with others, and how it will be shared. Remember, it is your right to decide how much to share and who you feel comfortable having your information shared with., which means that your lawyer cannot share that information with anyone outside their law firm without your permission.

Address disagreements if you are unhappy with how your lawyer is representing you. It is important to clearly express your concerns to your lawyer, preferably at a time when you are calm and have had time to organize your thoughts.

Once you share your concerns, it’s also important to listen to your lawyer explain their thinking and any concerns they have representing you the way you want to be represented.

It’s important to have your lawyer explain all your options and the possible consequences.

If you still disagree with your lawyer, you should clearly state what you want. Your lawyer may agree or disagree, but ultimately, your lawyer’s job is to represent YOU in court.

Asking for a new lawyer. If you have been unable to work out conflicts with your lawyer, or if your lawyer is not communicating with you, you have the right to ask for a new lawyer, but the judge also has the right to refuse your request. You also cannot control who your new lawyer will be.

If you do decide to ask for a new lawyer, carefully document your concerns in writing before requesting a change.

Read about how other parents made the most of their relationship with their lawyers.

 

Taking Care of Yourself in Court

Court can be an overwhelming and scary experience. Here’s advice from parents about how to take care of yourself in the courthouse.

Expect the court process to take time. You may be ready to go to court and prove why your child should come home to you today. But lots of times, cases move very slowly through the court system, often for reasons that don’t have anything to do with you! That can be infuriating, but it’s important to be prepared for a marathon, not a sprint.

You can ask your lawyer what will likely be accomplished before each hearing so you know what to expect.

Bring food. It can be hard to think clearly and control your emotions if you are hungry. For that reason, it’s good to bring snacks with you in case you have a long wait before your case is heard. Eating food that’s high in protein can be particularly helpful. Bring foods like nuts, yogurt, or a protein bar.

Bring something to do in case you have to wait. When you go to court, unfortunately, you may have to wait a long time for your case to be heard. Try to have something with you that can entertain you while you wait. This could be listening to music, reading a book or magazine, or journaling.

Take notes. Because court can be a high-pressure place, parents sometimes find that it’s hard to remember what happened in court after it’s over. Because of that, you may want to have a paper and pen to write down notes about issues, decisions, or dates you want to remember or questions you want to ask your lawyer.

 

What Language Are They Speaking? Family Court 1011

You will hear terms in Family Court that can be hard to understand, even if you’ve grown up in foster care and been to court as a child. Your lawyer, your caseworker, and the judge should all be working to make sure that you understand what is happening in court and that your lawyer is fighting for what you want.

It can also help if you make efforts to educate yourself.

Below is a list of terms to help you better understand what happens in court.1

Important Terms in Family Court

  • 1028 Hearing: A hearing at which you can ask for the immediate return of a child if you and your lawyer agree that you have strong evidence that your child should never have been removed. A 1028 hearing decides where a child will live before the judge decides whether or not a child was neglected or abused. Winning a 1028 hearing does not mean the neglect/abuse case against you goes away, but it could mean that your child lives with you while the case continues.
  • Affidavit: A person’s written statement that is signed, notarized, and filed with the court.
  • Allegations: The “charges” against you in Family Court. Allegations are what ACS is saying you did or didn’t do that caused or could have caused neglect or abuse of your child.
  • Article 10 Case: A case involving ACS and allegations of neglect or abuse. “Article 10” refers to the section of the Family Court Act that discusses these types of cases.
  • Fact Finding: A “trial” during which the judge listens to witnesses and reviews evidence. At the fact-finding hearing, ACS may present hospital and agency records, photographs, and other evidence of neglect or abuse, and may produce witnesses. If appropriate, the child may be called as a witness. Sometimes young children may be seen by the judge in "chambers" (the judge's office) instead of in the courtroom. Parents and caregivers have the right to cross-examine the witnesses and challenge the evidence produced in court, and to present their own witnesses and evidence. At the end of the trial (which may last several days and be spread out over months), the judge decides whether a parent neglected or abused their child.
  • Deposition: A type of hearing that takes place after a parent has been determined to have neglected or abused their child. At this hearing, the judge decides whether a child should remain in foster care, return home, or be released to another person (perhaps a relative or the other parent) under ACS supervision. The judge may also order a parent to complete services in order to reunite with their child.
  • Kinship Foster Care: A form of foster care where a relative is approved as a foster parent for the child while the Family Court case continues.
  • Motion: Paperwork that an attorney files with the court to ask for something—like an increase in visits or a change in a child’s placement. Often, before the judge decides on the motion, there will be some type of hearing, with witnesses and evidence presented.
  • Order: A document signed by a judge that indicates the result of a case or a hearing (i.e. a child was neglected or a parent has custody) or requires someone to do something (i.e. a foster parent must bring a child to visitation twice a week, or a parent must cooperate with mental health treatment in order to have unsupervised visitation).
  • Order of Protection: A specific type of Order that makes rules about contact between people. For example, an Order of Protection may say that you can only have supervised visits with your child or that you may not have any contact with the child’s mother.
  • Court Ordered Supervision: A time period when the children are not in foster care and are most often at home with one or both parents, or sometimes a relative or close family friend where ACS has a court order to supervise the home. This usually occurs after a case has been filed.
  • Trial Discharge: A time period when children who have entered foster care are first returned to their home and are supervised by ACS for about a six month period.
  • Permanency Hearing: A hearing that occurs every six months after a child is placed in care. Fourteen days before the hearing, a notice of hearing and a report detailing the service plan, progress with the service plan, status of visits, and summary of how the child is doing are submitted to the Court. The notice and report are sent to the parents, attorneys, and agency via regular mail, as well as the pre-adoptive parent and any relative caring for the child. At the hearing, the judge determines if it is appropriate for the child to remain in foster care and if the foster care agency is making “reasonable efforts” towards whatever the plan for this family may be (which could be reunification, adoption, or other similar situations).
  • Petition: A formal written application to a court requesting an action. A petition also starts a case; for example, a father asks to have full custody of his son by filing a petition.
  • Placement: Where a child is living during the Family Court case, if not at home. For example, a child is “placed” in foster care. If the child is living with a relative, that would be considered a “kinship placement” if the child is in care. If the child is not technically in care but removed from the parents and living with a relative under ACS supervision, that is called a “release” or a “direct placement.”
  • Remand: When a child is removed from a parent and placed in foster care. For expectant or parenting youth in foster care, if a judge remands your child, the judge can order for you and your child to be placed in the same home or program.
  • Respondent: A person who faces allegations of abuse or neglect in family court. This is similar to the “defendant” in a criminal case. In a child protective case, the respondents are usually birth parents.
  • Termination of Parental Rights (TPR): If a child has been in foster care for 15 of the most recent 22 months, the foster care agency must request that a parent's rights be terminated, unless the case meets an exception, identified in the 1997 Adoption and Safe Families Act. If a parent's rights are terminated, that means the child is legally eligible for adoption, and the parent no longer has legal or physical custody over their child. A TPR proceeding has its own petition, fact-finding hearing, and deposition.
 

A Service Plan Should Serve You2

Completing your service plan An agreement with ACS detailing the services that will be required to address the safety concerns in the report. Service plans are based on an assessment of the family’s needs and circumstances. The family service plan should be prepared in consultation with the child if they’re 10 or older, with the child’s parent or guardian, unless they’re unable or unwilling to participate or their participation would be harmful to the child, and, when appropriate, with the child’s siblings. The plan shall include at least the following: Timeframes for periodic reassessment of the care and maintenance needs of each child and the manner in which such reassessments are to be accomplished Short-term, intermediate, and long-term goals for the child and family and actions planned to meet the needs of the child and family and each goal Identification of necessary and appropriate services and assistance to the child and members of the child's family Any alternative plans for services where specific services are not available and any viable options for services considered during the planning process Where placement in foster care is determined necessary, specification of the reasons for such determination, the kind and level of placement, any available placement alternatives, an estimate of the anticipated duration of placement, and plan for termination of services under appropriate circumstances is a critical part of reunifying with your child. At the same time, being made to do services that you don’t like or trust can make you feel judged, controlled, overwhelmed and even hopeless. You can work with your legal team to figure out how to negotiate a service plan that you can manage and that supports you.

Rise, an organization by and for child welfare-affected parents, developed a set of four TIPS to help parents with services. They include:

  • Getting started on service planning
  • The challenge of change under stress
  • Relationships for change
  • Making your voice heard

Click here to read those TIPS.

Rise Thumbnail Image

How to Negotiate

by Keyna Franklin

Be clear about your goals. That advice might sound obvious but a lot of times people go into negotiation without being clear. Your goals might be the unity of your family and well-being of your child.

Write down your goal in a sentence or two and keep it in front of you. That can become a guide to how you’re acting or reacting. Things will happen to make us upset and draw off course from our goals. You can look at your goal and ask yourself, “Is the next thing I’m going to say going to bring me closer to my goal or put me at risk?”

Read the full story

Read more about your rights in service planning and ideas for managing your service plan from parents who have been through the system:

Service plans should relate to the safety concerns in your case. Agencies sometimes add on a lot of services that aren’t related to any of the actual safety concerns in the case against you. If that’s happening to you, talk to your legal team, who can speak with your caseworker about it.

Sometimes new safety concerns are raised as your case progresses. Make sure you understand how your service plan relates to ACS’s safety concerns.

Service plans are only mandated when a court orders them, but starting on them even before the court orders them will usually help your case. If a court hasn’t ordered services, they aren’t required, but getting started on services immediately can help you keep your child home or reunify When you and your child are safely together again at home. Reunification is one of the five permanency planning goals, determined at the Permanency Hearing and throughout the case, after your child has been placed in foster care. Over half of child protective cases end in reunification. with your child more quickly.

A service plan should serve you. Having a service plan that doesn’t serve your needs can feel like jumping through hoops. That’s how a lot of parents feel about their service plan. The truth is that you may have to jump through hoops to get your child out of the system.

At the same time, your service plan should be developed with you, not handed to you. While it is your caseworker’s job to help you create your service plan, if you have concerns about that plan, your legal team A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases. Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations. The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf. Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. can play an important role in helping you advocate for a better service plan.

If you have an advocate or social worker on your legal team, they may be able to reach out to your caseworker to see if you can come to an agreement about your service plan outside of court.

The advocate or social worker from your legal team should also be with you when the agency holds a Service Plan Review, a meeting during which you and the agency talk about what needs to happen in order to reunify with your child.

During your court appearances, your lawyer can make the case for why the service plan you’ve created really does address the system’s safety concerns or why the agency’s service plan An agreement with ACS detailing the services that will be required to address the safety concerns in the report. Service plans are based on an assessment of the family’s needs and circumstances. The family service plan should be prepared in consultation with the child if they’re 10 or older, with the child’s parent or guardian, unless they’re unable or unwilling to participate or their participation would be harmful to the child, and, when appropriate, with the child’s siblings. The plan shall include at least the following: Timeframes for periodic reassessment of the care and maintenance needs of each child and the manner in which such reassessments are to be accomplished Short-term, intermediate, and long-term goals for the child and family and actions planned to meet the needs of the child and family and each goal Identification of necessary and appropriate services and assistance to the child and members of the child's family Any alternative plans for services where specific services are not available and any viable options for services considered during the planning process Where placement in foster care is determined necessary, specification of the reasons for such determination, the kind and level of placement, any available placement alternatives, an estimate of the anticipated duration of placement, and plan for termination of services under appropriate circumstances is inappropriate or excessive. Even if the service plan the judge finally orders isn’t exactly what you want, hopefully it will address some of your needs.

Read a story from a young parent who grew up in foster care and found services The activities you will be asked to complete or receive in order to address the safety concerns that contributed to the abuse or neglect case against you. Services can include therapy, substance use treatment, housing support, parenting classes, etc. that supported her when her child was taken into the system.

You can look for your own services, but must make sure they’re approved by ACS. It’s great to show the court that you’ve taken action to find your own services, but some services won’t be approved by ACS or the agency, even if they are really helping you. You don’t want to waste your time doing a service only to find out that you have to do it all over again. If you’ve found a service on your own, talk to your lawyer and your caseworker to make sure that service is approved and will count toward your service plan.

Your agency should help you get to your appointments. If you need money for transportation, let your caseworker know. If there are any other barriers that prevent you from making appointments, let your caseworker and lawyer know.

A calendar helps. When your child is placed in foster care, it can be hard to remember every appointment you need to keep, but that’s exactly what you have to do to fulfill your service plan. Having a calendar where you keep your appointments written down can make a big difference.

You can ask to have services with your child. ACS and foster care agencies often send parents to one set of services and their children to another set. Talk to your lawyer if you think you and your child would benefit from services together, such as parent-child therapy A family-centered treatment approach composed of behavioral and play therapy, used for children ages two to eight and their caregivers. The approach is meant to teach caregivers—which may include parents, adoptive parents, foster or kin caregivers—strategies promoting positive behaviors in children who have “disruptive or externalizing behavior problems.”.

Click here and here  to read more about parent-child therapy.

 

You Are Not Your Case Record

Your caseworker is responsible for writing court reports that reflect not only problems you’ve had, but also what you’ve done right. It’s your lawyer’s job to present everything you’ve accomplished to the court. Your caseworker and your lawyer can’t show the court your strengths and accomplishments, however, unless they know about them. You can play an important role in making sure that they do.

Below are tips and tools for making sure your caseworker and your lawyer know all the ways you care for your child as well as your strengths as a person.

Show How You Care for Your Child. Whether or not your child is in your custody, it’s important for you to show your lawyer and your caseworker the efforts you’ve made to care for your child and the strong bond you have with your child. 

Below is a checklist of ways that parents care for their children. Check off which items on the list are true for you, now and/or in the past. Then work with your legal team A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases. Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations. The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf. Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. to make sure that court and child welfare officials know about your strengths as a parent.

Worksheet: Ways I Care for My Child

Ask for letters of support from professionals in your life who know your strengths. Asking professionals who know your strengths, like doctors, teachers, and therapists, to write a letter on your behalf or speak for you in court can begin to help your lawyer, your caseworker and court officials see that there’s more to you than the allegations against you.

The checklist below can help you brainstorm professionals in your life who you could ask to write you a letter of support.

Worksheet: Brainstorming People Who Know My Strengths

It’s not always easy to ask someone to speak or write on your behalf. You may feel afraid of being judged. It’s important to weigh the pros and cons of letting people know you have a CPS case. But it’s also important to remember that the judge only knows what they are told, so it’s important to make sure they hear from people who know your best qualities.

You can make clear that you’re not asking anyone to say whether the allegations The “charges” against you in Family Court. Allegations are what ACS is saying you did or didn’t do that caused or could have caused neglect or abuse of your child. against you are true or false, unless they have special information about that. You’re just asking them to let the court know about the ways that they’ve seen you be an involved, competent, and caring parent, as well as any other strengths that they can share. Always discuss letters of support with your lawyer.

Keep a log of your accomplishments related to visits and your service plan. Parents are often disappointed that people in court don’t focus on what they’ve accomplished.

One way you can increase the chances that your lawyer and your caseworker will tell the court what you have accomplished is if you keep of a log of all the appointments and visits you’ve made, all the activities you did with your child, and all the supports and services you’ve engaged in to help you successfully reunify with your child.

Keeping a log is as simple as getting a notebook and writing down the date with a few words to remind you of your accomplishments. You can also use a calendar, planner, or even email draft, if that’s easier. If you have a court date coming up, you can use your log to ask your lawyer and caseworker to share your accomplishments in court.

Help the court see your strengths as a survivor. If the court is using painful experiences from your past as proof that you are not capable of raising your child, you can ask your lawyer to argue on your behalf that those experiences are no longer relevant to who you are as a parent, they do not represent your current identity, and they should not be allowed in court. Explain to your lawyer the ways in which you’ve changed and let them know about any services you’ve already completed. Your lawyer may or may not be successful in making these arguments, but it is worth speaking to your lawyer about it.

At the same time, you can work with your legal team A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases. Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations. The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf. Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. to show the court all that you’ve been able to overcome. That doesn’t mean that you haven’t been affected by your life experiences, but you want the judge to see that, through it all, you’ve shown resilience, which is another way of saying that you’ve shown the ability to keep on going and growing in the face of hardship. You want to help the court see that you have strengths because of what you’ve been through.

You can use the worksheet below to begin to think deeply about the ways in which you’ve shown resilience in the face of painful experiences

Worksheet: Help the Court See You As a Survivor!

It can be a good idea to work with the advocate or social worker that is part of your legal team or the parent or youth advocate at your agency to fill out this worksheet and strategize about how you want the information conveyed in court. You may even want to use this worksheet and work with someone from your legal team or an advocate at your agency to write your own letter to the court.

Footnotes

1 This list of terms was adapted from material developed by the Center for Family Representation.

2 Material in this section was adapted from Rise’s TIPS on Service Planning.