A Few Facts You Should Know Before Attending A Shelter Hearing – Learn How to Use a Family Law Attorney to Help Your Case
If the safety or well being of your child has been called into question by the local child protection agency, a shelter hearing will be held to determine whether or not your child should be removed from your home for their own safety. This hearing is the first step in a juvenile dependency case and is an extremely important part of retaining physical custody of your children. Unfortunately, far too many parents attend this hearing unprepared simply because they do not know what to expect and the basics of family law. Taking the time to review the important facts below before your shelter hearing can help to prevent you from finding yourself in this same situation.
Fact #1: The Burden Of Proof In A Shelter Hearing Falls On The State
In order to legally remove a child from their home, the state must be able to prove to the judge presiding over a shelter hearing that the child is being abused or neglected by their current caregiver. If the state is unable to provide evidence to support this claim, the judge will have no choice but to return the child to the care of their parent or guardian, until which time the burden of proof can be met. However, it is important to understand that the burden of proof in these cases is much different than when facing criminal charges. Rather than proving guilt beyond a reasonable doubt, the state will simply need to prove that it is more likely than not that the child is being abused or neglected.
Fact #2: You Can Appeal Any Decision Made In Your Shelter Hearing
If you disagree with the original decision made during your shelter hearing, you have the right to appeal this decision to another judge. However, you should be aware that there are time limits that come along with this right. Consequently, it is vital that you act quickly. Furthermore, you should know that the original ruling will remain in place, until which time a decision is issued on your appeal.
Fact #3: You Have The Right To Be Represented By Counsel During A Shelter Hearing
Shelter hearings must take place within a day or two after a child is removed from their home. This fast paced process can make it difficult to find and retain competent representation prior to your shelter hearing. If you wish to be represented, but are unable to secure representation prior to the original hearing date, you will have the right to request additional time to retain counsel prior to any decision being issued in the case.
In Conlcusion
The removal of a child from their home can be extremely stressful for both the child and the parent. The purpose of a shelter hearing is to make sure this removal is only allowed in situations where it becomes absolutely necessary to ensure the childs safety. By learning as much as you can and preparing prior to the date of your shelter hearing, you can greatly improve your chances of walking away with your desired result.’
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