What is a Disposition Hearing?
A disposition hearing is a hearing in which the family court determines what will happen with the children after they’ve been adjudicated dependent by the court. In the context of dependency, a disposition hearing occurs after the fact-finding or adjudication hearing. The child welfare agency brings the case to the attention of the Court. At the dependency hearing, the child welfare agency has the burden to prove by the weight of the evidence that the child is dependent (requires the protection and care of the state) and needs protection. If the dependency petition is granted, the Court will immediately schedule a disposition hearing. A disposition hearing requires notice to all parties who appeared at the dependency hearing. This includes the child, parent, and attorneys representing the child and parents. Depending on the child’s age, notice is also sent to the grandparents, guardian, or guardianship agency.
The statutes say that the child welfare agency should seek to reunify the child with the parents . However, in an emergency, it may be necessary to prevent the child from leaving a parent or guardian with the right to physical custody. So, the Court may immediately order the child remain out of the home. Or, the Court may have the child return home with the parents subject to visiting restrictions or the parents’ attendance at parenting classes. All options will be considered by the Court including whether the case will remain open and what services will be provided by the child welfare agency to the child and the parents. The Court is required to review the case every 6 months. So, it is important to understand that the disposition hearing is not the end of the case. This is not a final hearing. As the child welfare agency provides services, the facts and circumstances may – and likely will – change. The goal may change. The Court will review the permanency goal every six (6) months and the child welfare agency must provide the Court with status update at each hearing. The Father’s Network blog entry commentary on the first hearing may be helpful in understanding what happens after a Dependency petition is filed.
Process of a Disposition Hearing
The disposition hearing is a formal, court proceeding. The same rules of evidence and rules concerning procedural matters apply as they would in any other courtroom. Typically, more parties are present at this hearing than at the shelter hearing and all parties present and notified properly may testify. The hearings are usually conducted by a circuit court judge, if one is available, or by a juvenile court judge. A guardian ad litem may also be present. In general, the child’s attorney and parents’ attorneys try to make sure that the child is not placed in foster care for no reason at all. They also want to be sure a placement is in the child’s best interest if that is the disposition of the case.
At these hearings, the court may order one or more of the following: Placement with a relative; Supervised visitation; Probation, meaning the child remains in the home of his or her parents and the court monitors the home environment; Removal of the perpetrator; or Commitment to the court as a "ward of the court." If the court orders placement with a relative, the child will reside with that relative under supervision of the Department of Children and Family Services. In this case, the child is no longer in physical custody of the Division.
How is it Different from Other Family Court Hearings?
Disposition hearings are different from most of the other family court hearings in that they are a time for the Family Court to make decisions about the future of any minor children involved. While this might also be something that happens at junk hearings such as an initial custody hearing or a preliminary hearing, a disposition hearing is different because the issue of where a child should live and how much parenting time a child should have with a parent must be in dispute at the time that the disposition order is entered in order for the disposition order to be valid.
To clarify, custody issues do not have to be in controversy in order for there to be a custody hearing. Instead a custody hearing at the early stages of a case is simply an opportunity for the Court to assess whether there is a dispute between parties as to the custody of their minor child(s). This is essentially a threshold assessment that allows the Court to determine what its ongoing role in a case will be. If custody issues are in controversy at the initial custody hearing, the Court then has the ability to enter a temporary order regarding custody and parenting time pending a final custody determination. The same is true for custody disputes that arise after the initial hearing takes place.
However, this is not the case at a disposition hearing. At a disposition hearing, custody cannot simply be in controversy or even contested. Instead, custody must be in dispute. In other words, the parties must be recommending, at the time of the disposition hearing, different resolutions to the custody dispute that they have had while the family has been involved in the Family Court system. In more blunt terms, if the parties at a disposition hearing agree on what should happen with their kids, there should be no disposition hearing, and there is nothing for the Court to do. The time would be correct to have a hearing if the parties disagree as to what should happen with their children to indicate to the Court that it should resolve the custody dispute between the parties.
Results of a Disposition Hearing
The outcome of the disposition hearing may result in various orders. There is a large range of what a judge may order, that can vary from no orders to orders that take custody and guardianship of the children from the parents and place them in the Department of Human Services (DHS) custody; ongoing supervision from DHS, including a treatment plan for the parents and possibly conservative placement (i.e. friends, family, and homes); or a termination of parental rights.
If the court does terminate a parent’s rights at this hearing , the termination that a juvenile judge would issue is not a final order. That order must be appealed so the Pennsylvania Superior Court can review the order and place their judgment on the Court as to whether they should affirm or overturn the lower court’s ruling.
In all other cases, if the juvenile court finds unfitness, the judge will grant permanent legal custody (PLC) to DHS after a full dispositional hearing. This in turn results in best-interest and placement hearings. This action does not terminate a parent’s rights – the child is still considered dependent for the purpose of being placed in foster care.
How to Prepare for a Disposition Hearing
If the judge determines that there has been a preponderance of evidence that a parent abused or neglected their child, a disposition hearing may be ordered. Disposition hearings are what happens when the judge decides if a child should be returned to the home where there would be a risk or if a child should be placed somewhere else like with another family member or in a group home, foster home or institution. Simply because a child has been removed does not mean that the child will be permanently separated from their parents. Children are often returned home at the conclusion of the disposition hearing if the court believes that it is safe to do so. Unfortunately, this does not happen all of the time and it is important to be prepared for the possibility that the court may order that the child not return home. The outcome of a disposition hearing can affect you, your rights and those of the other parent. Additionally, the outcome can have a profound impact on the child. Because the disposition hearing is such an important matter, it is critical to be prepared so that you can adequately present your best case to the court.
For the disposition hearing, the judge will look at specific factors to determine whether the child should be returned home or if other action needs to be taken to protect the child. For instance, the judge will consider whether the parents can take the steps necessary to eliminate the risks that led to the child being taken into custody in the first place. This may mean that there were issues related to drug use, domestic violence or other factors. It may also mean that the parent should be required to show that they have made changes to their lives so that these issues are not repeated when the child returns home. For example, perhaps a parent used drugs to cope with the financial issues related to unemployment. Getting the job back should be a step that could be taken to alleviate this situation and reduce the risk of future substance abuse.
It is also important to be prepared for the fact that even if the child returns home that there will likely be a number of inspections and visits by social caseworkers to ensure that the home is safe for the child. There will also likely be ongoing court dates so that the judge is able to ensure that the child remains safe. Adhering to the requirements of the court is essential as when it comes down to the future of your child, you need to be sure that you are presenting the best case. What should you do to be prepared for a disposition hearing? There are several steps that we recommend:
Legal Counsel
The presence of a lawyer at a disposition hearing is important to ensure that the process is fair to the child and the parents. When a child has been adjudicated as abused or neglected, the legal rights of the child, parents, or guardian must be protected.
The lawyer will be contact with the family and review the history of the case and present informally on the child’s position. This might be through a face-to-face interview with the client or through a submission of a letter that presents the child’s wishes. Lawyers are trained to be facilitators but also advocates for their clients. A lawyer may be the voice for the child in court. While the trends in juvenile justice are to move toward family centered services, lawyers are a source of independent legal advice with no vested interest in the outcome of the hearing. Lawyers do not speak for parents or children. They may be asked to speak on behalf of their client in front of the judge. The judge retains discretion so there is no guarantee that the lawyer’s position will carry the day.
Parents also have constitutional rights and typically present more obstacles than the child. A parent will likely be represented irrespective of the agency’s desire for termination of parental rights . Parents deserve representation even when the agency recommends closure of the case including with the parents’ consent. All parents will have their rights addressed at this stage to ensure fair treatment. As a result, a lawyer should not be seen as an extension of the social worker to push a particular service plan or "fix" a family to meet the agency’s needs. Rather, a lawyer should be consulted on the fairness of the procedures, ensure that placement issues are handled correctly (i.e. placements are the least restrictive), and develop a plan that is fair to the child. A lawyer can explain to the judge that a service plan imposed by the agency violates the rights of the parent or child, such as racial identity or a parent’s ability to relocate with a child.
Attorneys are also a protection for due process violations. An attorney should step in if there has been an issue with the ability for a party to present properly (i.e. confusion over roles, limited notice). The court and social workers in the family court system rely on the "good intentions" of the parties. However, when things do not seem to run smoothly (such as failure to provide notice, unexpected scheduling changes) legal representation will help to ensure fairness.