We’re moving right along with the dependency process, and we’re now up to the preliminary protective hearing. The preliminary protective hearing is held within 5-7 days of the removal of the child. As the name implies, this is the first time that the court is actually involved in the case. They have received the petition, and know that a child has been removed based on the CPS investigation of a report of neglect and/or abuse.

There are several things that need to be covered in the hearing, and they include:

The reason for CPS involvement.

-Why was temporary custody necessary? There must be evidence presented of neglect and/or abuse.

-Parent/guardian/caretaker’s response to the allegations. What did the guardian of the child have to say about the allegations? Do they want to get their kids back? Were they cooperative?

-Describe the need for continued temporary custody. For example, if the caseworker believes that the mother is not able to parent the child safely.

-History of reports. This is where the caseworker will summarize the reasons that CPS removed the child(ren), and what led up to the removal.

Services

-If a parent is missing, describe efforts to locate the missing parent. Sometimes, the mother does not know who the father is.

-List and describe services provided to prevent removal, and the outcome of services. CPS cannot remove children from a home until after they have provided services to the family in home, in an effort to prevent removal. In cases of imminent danger to the child, however, they may be removed prior to services being offered.

-Services provided since removal to remedy the need for continued temporary custody. This is usually a short list, since the child was only removed about a week prior to the date of this hearing.

-The types of services needed to facilitate reunification, dates that such services were requested, and when they will begin. Services such as parenting classes (see The Flying Beagle), appointments with psychiatrists, visitations, …etc.

-Describe coordination with regional behavioral health authority (RBHA) behavioral health services. Have counseling services been set up?

-Summary of parent/guardian’s participation in services. What has taken place so far in regards to appointments made?

-Services requested by the parent/guardian; if not provided, state why. If the parent/guardian requests services, they must be provided, or an explanation as to why they were not provided.

Proposed Case Plan

-Case plan goal and target date. Attach a proposed case plan.

-Concurrent plan and target date. If there is more than one case plan, note what has been initiated to implement the concurrent plan. For example, adoption by a relative.

-Describe the results of visits that have occurred since removal.

Summary of family history

-Describe contacts with relatives or other persons who may be able or willing to take custody of the child.

-Natural parents. Include any known information about the birth parents, such as birth dates, addresses, …etc.

-Child (ren). What is the name of the child or children involved?

-Extended family. Any information on any Aunts, Uncles, Grandparents, …etc.

-Significant others. Are there any neighbors, teachers, or family friends that have been involved with the child?

Child’s placement

-Identify and describe the type of current placement, and state whether the placement is temporary or permanent. Ie: child is currently in a licensed foster home.

-Appropriateness and safety of the current placement. Is this placement appropriate for this child (least restrictive environment)?

-Describe the overall functioning of the child. Include the medical, social and educational status.

-If the child has a sibling in out-of-home placement, state whether they are placed together, and if not, why not. Describe any efforts made to place the children together, whether they are currently in the same home or not.

-Describe contact and any reason for restricted contact between the child and siblings, parents, relatives and family members. State whether contact with these individuals is in the child’s best interest.

-Services provided to address the child’s placement/special needs, and to support the out-of-home caregiver. Include this in the case plan. Ie: the agency is providing transportation to and from visitations.

-If an out-of-state placement is appropriate and in the best interest of the child, state the reason why.

-If the child is an Indian child, describe the efforts to comply with placement preferences of the Indian Child Welfare Act (ICWA).

Case Manager’s Opinion

Whereas the rest of the report for the preliminary hearing is based on facts known in the case, this is where the case manager can state their opinion of what they think should happen with this child.

Recommendations

-Agency recommendations. Things such as the child be made a ward of the court, and placed in whatever placement, based on the best interests of the child.

-Financial recommendations. It is recommended that the child’s mother be assessed $40.00 per month toward the cost of foster care, for example.

-Reasonable Efforts Findings. It is recommended that the court find that the agency has made reasonable efforts to prevent or eliminate the need for removal and to make it possible for the child to return home safely.