As Seen on TV

Ever wonder if what you see on TV is like the real world? Obviously it is never exactly like what is on TV, but maybe some parts are true right? Maybe I am the only one who thinks that. I have watched a lot of crime shows, many of which have some kind of information about child abuse or crimes against children at some point in them. While I acknowledge that things on TV are never exactly what reality looks like, I did think that some things were similar. But TV gets it wrong a lot. For example, ever seen a child abuse investigation on TV where there parents are the alleged perpetrators? The police do all the work on TV, but in reality it is a joint investigation with police and CPS because CPS can do things and get places police can't. But most often it is just CPS that investigates, except for in cases of sexual abuse and extreme physical abuse.
But what I really want to talk about is court. From watching court occur on all those crime shows I watch, I had some idea of what court would be like. Here is what I learned from watching TV: court is really formal; all lawyers hate each other because they are fighting against each other all the time; court takes forever, it is long and drawn out. Turns out those are misconceptions. I have been to quite a few court hearings now and they are not like at all. (Side note: all the hearings I have been to have been Child in Need of Care hearings (CINC) and all the hearings I have seen on TV have been criminal hearings so that could account for the difference)
Here is what I have seen: lawyers all get along. Really. In between hearings they can be seen chatting and laughing. All the lawyers. Defense attorneys, county attorneys (representing the state), Gaurdien Ad Lietams (GALs) who represent the children's interests. They are all friends. Which makes sense because they are also the same lawyers in every case. Really - in once case this lawyer is appointed to represent mom and in the next case the same lawyer is the GAL. So, since they see each other all the time, they must be friends. Court is actually really short. In all the hearings I have been to only one or two has heard testimony, and most of them have only lasted 15 or 20 minutes at the most. And they are quite informal. Of the ones that have heard testimony I have only seen one person sworn in. In many, someone has spoken from the galley/audience. While the lawyers are all dressed professionally (as are the CPS workers or other social workers present at the hearing) most often the parents are in jeans or even sweat shirts. And the Judge often talks directly to the parents or other members of the audience. Now some things are formal. When a lawyer speaks they almost always begin with "if it pleases the court" and if the judge ever speaks to you or you speak to the judge you are expected to stand up. But all in all, very different from what is seen on TV.
I also thought I would share with you the different types of hearings we are involved in. Because I had no idea, so you might not have any idea either. They types of hearings are (in order): Temporary Custody Hearing, Adjudication Hearing, Disposition Hearing, Permanency Hearing, and Termination Hearing. Now you are probably wondering what these are so let me tell you.
A temporary custody hearing occurs if the police have taken custody of a child. A child can only remain in police protective custody (or PPC) for 72 hours (working days) and then there has to be a hearing to determine what should happen to the child now. The county attorney, along with us and a foster care provider, makes a recommendation and the judge ultimately decides what happens. The child can either be place in the temporary custody of the state, remain in the custody of the parents but be place with a family member, or be returned to the home. Children can also be placed in temporary custody of the state through what is called an ex-parte order, which is when DCF, along with the county attorney, takes a case directly to the judge and the children are placed directly into our custody without involvement of the police. In this case a temporary custody hearing would not be needed.
The next step is an adjudication hearing. In this hearing, a child is formally labelled a child in need of care or not. In this hearing, parents have the right to contest the findings (or fight the DCF report/recommendation), essentially claiming there is no reason for the children to be in custody. The judge then ultimately looks at the evidence to determine the needs of the family/child. In all the hearings I have been at, parents have stipulated to the findings. Essentially this means they agree with the reports and recommendations and will not fight it. They can also claim "no contest" meaning they do not agree but will not fight it.
The next step is a disposition hearing. I have actually not been to one of these so I will give you a vague idea of what it is based on what I have heard and learned. In this hearing the court accepts a case plan, which is a series of goals and tasks the family must accomplish if they are to regain custody of their children. A case plan is created with the family, children (if age appropriate), DCF, the foster care provider (which in the state of Kansas in contracted to a private agency), and maybe lawyers. The judge then accepts the case plan (or tweaks it or rejects it). Some of the goals in the case plan are things like the child will reside in a home that is free of abuse 100% of the time or a child will reside in a home that is free of substance abuse 100% of the time. And then tasks will be assigned to show that this is happening or will happen, for example parents might be required to complete substance abuse treatment or age-appropriate parenting classes.
Permanency hearings are on-going throughout the life of a foster care case, and actually DCF is not involved in these hearings at all (in KS), so I have actually only seen these hearings because I was waiting for other hearings to begin. In these hearings the court monitors the progress of the parents in accomplishing the case plan goals and tasks. We always want the kids to achieve permanency as quickly as possible, we don't want to disrupt their lives needlessly and constantly. So the court has to monitor the progress to determine if the parents are progressing at a reasonable pace and reintegration is going to be possible or if nothing is progressing and termination needs to be looked at. DCF is not involved in these hearings because at this point the foster care provider is completely in control of the case and DCF has a hands-off role.
So, if the parents are not progressing and it is determined that reintegration is not going to be possible or it is in the best interest of the child to have greater permanency, a termination hearing is the next step. This is exactly what it sounds like: the parental rights are terminated by the court, allowing the child to be open for adoption.
So that is the court process, pretty interesting (at least to me). Which brings me to an important point: I find everything about my job fascinating and interesting and I really enjoy it all, but I am never sure what other people really want to know. So I ask you: what do you want to know? Do you have questions or burning desires that you really want me to write about? Is there something you have always been curious about? Please let me know either by commenting on a post, emailing me (tricia.elaine7@gmail.com), facebooking me, or whatever other mode of communication you like best!