Post by litigator on Mar 22, 2007 9:55:54 GMT -5
After the CAS has apprehended your child they have 5 days to bring the matter before a judge. What many people often fail to realize is that in those five days there are steps you can take to maximize your chances of getting your child returned to your care at the first hearing. The most crucial points for you are these,
1. Plan of Care
2. Family and Community Resources
Family and Community Resources
a.Doctor's names and addresses;
b.School names, addresses and contact individuals;
c.Daycare names and addresses;
d.Community resources;
e.Drug and alcohol counselling;
f.Family domestic relations and counselling resources for children;
g.Remedial special-ed and religious contacts;
h.Names and addresses of potential family placements or community placements.
You need to have alternate placements within your family available whenever possible. Having as many resources available to you as possible makes your plan of care for your child much stronger.
Often, most of the meaningful negotiations are done outside of the Courtroom with the Family Service Worker and counsel for the Society. At times, one needs to address the issue of initial access even if there is no formal Motion before the Court. Depending on the local practice, the Court may consider suggesting to the Society what access can be arranged, or apply some pressure on the Society to maximize access, or suggest to the Society the appropriateness of the access, based on the information that is usually presented at this stage, which is usually only from the Society. The Society will always ask for an initial "Without Prejudice Order". It is here that one can ask for the access and other issues to be addressed.
Focus Early on your Plan of Care
Delays in child welfare matters harm the children and the family. The new legislation places strict time lines that should never be lost in the process. It is easy for individuals to believe that delays will help them in finding solutions to the difficulties that have led to apprehensions. It is obvious that some time is required for you to put in place a plan and execute the elements of a plan to address problems that might exist; however, in dealing in this area of family law you should not be surprised at how one year can pass from the opening of a file with some people doing very little or nothing to advance their case. It is crucial when working in this area to be as creative as possible and martial as many resources from the community to assist you in addressing the specific issues that the Society has raised regarding concerns to your parenting. Be realistic in developing these plans. The point at this stage in the proceeding however, is to begin to focus on a plan from day one.
The Court is mandated under the CFSA to proceed to trial and adjudication within one year, if the child is less than 8 years old, 2 years to adjudicate the matter if the child is greater than 8 years. One has to also understand that the calculation of this year is cumulative within the Protection Application. For example, if a child is brought into care under an initial Protection Application, remains in care for 2 months prior to a Temporary Care and Custody Hearing or negotiated settlement, and is then placed with the family and re-apprehended, the periods of the initial apprehension and the second apprehension are added together to accumulate the limitation period in which a Judge must move the matter to adjudication.
Parents should be strongly arguing against any delays by the CAS throughout their proceedings as this can result in a limitation period creeping up and biting you in the ass
1. Plan of Care
2. Family and Community Resources
Family and Community Resources
a.Doctor's names and addresses;
b.School names, addresses and contact individuals;
c.Daycare names and addresses;
d.Community resources;
e.Drug and alcohol counselling;
f.Family domestic relations and counselling resources for children;
g.Remedial special-ed and religious contacts;
h.Names and addresses of potential family placements or community placements.
You need to have alternate placements within your family available whenever possible. Having as many resources available to you as possible makes your plan of care for your child much stronger.
Often, most of the meaningful negotiations are done outside of the Courtroom with the Family Service Worker and counsel for the Society. At times, one needs to address the issue of initial access even if there is no formal Motion before the Court. Depending on the local practice, the Court may consider suggesting to the Society what access can be arranged, or apply some pressure on the Society to maximize access, or suggest to the Society the appropriateness of the access, based on the information that is usually presented at this stage, which is usually only from the Society. The Society will always ask for an initial "Without Prejudice Order". It is here that one can ask for the access and other issues to be addressed.
Focus Early on your Plan of Care
Delays in child welfare matters harm the children and the family. The new legislation places strict time lines that should never be lost in the process. It is easy for individuals to believe that delays will help them in finding solutions to the difficulties that have led to apprehensions. It is obvious that some time is required for you to put in place a plan and execute the elements of a plan to address problems that might exist; however, in dealing in this area of family law you should not be surprised at how one year can pass from the opening of a file with some people doing very little or nothing to advance their case. It is crucial when working in this area to be as creative as possible and martial as many resources from the community to assist you in addressing the specific issues that the Society has raised regarding concerns to your parenting. Be realistic in developing these plans. The point at this stage in the proceeding however, is to begin to focus on a plan from day one.
The Court is mandated under the CFSA to proceed to trial and adjudication within one year, if the child is less than 8 years old, 2 years to adjudicate the matter if the child is greater than 8 years. One has to also understand that the calculation of this year is cumulative within the Protection Application. For example, if a child is brought into care under an initial Protection Application, remains in care for 2 months prior to a Temporary Care and Custody Hearing or negotiated settlement, and is then placed with the family and re-apprehended, the periods of the initial apprehension and the second apprehension are added together to accumulate the limitation period in which a Judge must move the matter to adjudication.
Parents should be strongly arguing against any delays by the CAS throughout their proceedings as this can result in a limitation period creeping up and biting you in the ass