How child abuse and neglect cases move through court

A circuit judge explains the fundamental aim of child abuse and neglect proceedings is family safety and, where possible, reunification. "It is the court system's goal, if at all possible, to reunify you, the parent, with your child," the judge says, while noting that initial orders set whether a child is removed or remains at home under supervision.

The process typically begins when child protective services investigates and, if necessary, files a petition asking the court to authorize removal or other measures. A CPS worker here described interviews with parents, children, school personnel and neighbors to determine risk. If a removal occurs, the worker must immediately seek magistrate or circuit judge approval. An initial order records the judges early decisions and sets the date for a preliminary hearing. Parents are appointed an attorney at no cost and the court will ensure notice of the petition and initial order is delivered.

Beyond the preliminary court steps, the multidisciplinary team (MDT) meets within 30 days to prepare a treatment plan that can include services such as counseling, drug treatment, parenting classes and help obtaining housing and transportation. A guardian ad litem represents the child's best interests and may request services the child needs. The adjudicatory hearing (often within 30 days when a child was removed) is where the prosecutor presents evidence and parents may present testimony; parents can also choose a stipulated adjudication, which waives contested testimony and shifts focus to addressing conditions. Review hearings occur at least every three months while the child is in custody, and if parents do not make sufficient progress the court may order termination of parental rights.