What is an adjudication hearing in family court

IN THIS PHOTO: From left to right - Kim H., Court Reporter; Heather M., witness

Adjudication Hearing

If a juvenile denies the charge and wants a trial, the court will schedule an Adjudication Hearing. The Adjudication Hearing is a trial, where people come to court, take an oath to tell the truth and testify about the charge. The court also can receive documents offered at trial to evaluate the charge.

At trial, the court first hears evidence from the prosecutor. The court then hears any evidence the juvenile wishes to offer, although the juvenile is not required to offer any evidence. The court then hears any additional evidence the prosecutor may offer in response. The court hears closing argument from the prosecutor and juvenile about what the evidence shows. After receiving evidence and hearing argument, the court then decides whether the evidence proves the charge.

In my court, a juvenile does not have a right to a jury trial. Instead, I hear the evidence and then decide whether the charge has been proven. A delinquency trial generally does not last more than an hour or two and I try to decide whether the charge has been proven on the same day trial is completed.

For an Incorrigible, Misdemeanor or Felony charge, the question is whether the charge has been proven "beyond a reasonable doubt." I use the following standard to decide whether a charge has been proven beyond a reasonable doubt:

        "There are very few things in this world that we know with absolute certainty, and the                            law does not require proof that overcomes every doubt. If the evidence leaves the court firmly                convinced that the juvenile committed the offense charged, the burden has been met. If the                  evidence leaves a real possibility that the juvenile did not commit the offense charged, the                      juvenile is to be given the benefit of the doubt and found not delinquent."

If the charge has not been proven by this standard, the Petition or Citation will be dismissed. If the charge has been proven by this standard, the court will find the juvenile incorrigible (for an Incorrigible charge) or delinquent (for a Misdemeanor or Felony charge) and hold or schedule a Disposition Hearing.

215

(a)  Scope of Hearing.  The adjudicatory hearing is the proceeding at which the court determines whether the evidence supports a finding that a child is dependent and neglected. The adjudicatory hearing shall be held in accordance with T.C.A. § 37-1-129.

(b)  Time Limits on Scheduling Adjudicatory Hearings.

(1)  All cases in which a child has been placed out of the home by court order shall be heard within 30 days of the date the child was placed outside of the home. All other cases shall be heard within 30 days of the date of filing of the petition if such early scheduling appears to the court to be reasonable and possible considering the circumstances of the case, including but not limited to, whether service on all parties has been achieved. In any event, every case shall be heardfor adjudication within 90 days of either the date the child was placed outside the home or date of filing of the petition, as applicable.  

(2)  Upon good cause shown, the adjudicatory hearing may be continued to a date certain.

(c)    Beginning Adjudicatory Hearing. 

(1)  At the beginning of each hearing, the court shall:

(A)  Ascertain whether the parties before the court are represented by attorneys;

(B)  Verify the name, age and residence of the child who is the subject of the case, and ascertain the relationship of the parties, each to the other;

(C)  Ascertain whether all necessary parties are present;

(D)  Ascertain whether notice requirements have been complied with, and if not, whether the affected parties knowingly and voluntarily waive compliance;

(E)  Explain to the parties the purpose of the hearing and the possible consequences thereof; and

(F)  Explain to the parties their rights as set forth in Rule 303.

(d)  Evidence Admissible.  The court shall consider only evidence which has been formally admitted at the adjudicatory hearing. All testimony shall be under oath and may be in narrative form. Evidence shall be admitted as provided by the Tennessee Rules of Evidence.

(e)   Adjudication of Status, Standard of Proof, and Findings.

(1)  At the conclusion of the adjudicatory hearing, the court shall enter an order in accordance with the following provisions:

(A)  If the court finds that the allegations have not been proved by clear and convincing evidence, it shall dismiss the petition.

               (B)  If the court finds that the allegations have been proved by clear and                convincing evidence, it shall adjudicate the child dependent and neglected.                 The court shall immediately proceed to a dispositional hearing or schedule it

                to be heard on a later date.

(C)  If the court finds that the child is dependent and neglected, the court shall additionally make a finding whether the parents or either of them or another person who had custody of the child committed severe child abuse.

(2)  The court shall include findings of fact in its adjudicatory order. The adjudicatory order shall be filed within 30 days of the close of the hearing or, if a petition for certiorari is filed, within 5 days thereafter.

(f)  Transfer to Home County for Disposition.  The case of an out-of-county resident may be transferred to the child’s county of residence for disposition.

Advisory Commission Comments.

The varying time limits in these rules for children placed out of the home by court order versus those who remain in the home indicate that cases involving children placed out of the home be given priority on the docket. All hearings should be scheduled and held as speedily as possible in the interest of providing timely resolution for children and families. It is important that whatever action is taken be completed expeditiously, within the limits of practicability, given the fact that a child's perception of time is quite different from that of an adult, with shorter periods of time perceived as being much extended.

Some proceedings may be so complex that the court and parties may benefit from a pretrial conference to narrow or limit issues, decide evidentiary issues, and address other pretrial matters so as to achieve judicial economy.

This rule clarifies that the court must file its written adjudicatory hearing order within 30 days from the closing of the hearing, or, if a petition for certiorari is filed, within 5 days thereafter, pursuant to T.C.A. § 37-1-129(a). See Rule 110 for the computation of time.

Parents go to court for many reasons. If you are involved with Children and Youth Services and you are going to court, a caseworker or other concerned individual thinks that the court needs to make sure that your children are cared for and safe.

This is called being “under the court’s supervision.” If the judge feels that your children need to be under the court’s supervision, he or she will adjudicate your children dependent. Adjudication is a legal word for a formal decision. Dependent means that the children are now under the supervision of the court.

So how does this all start? It all starts with a hearing. If a caseworker felt that your children were not safe, and a judge agreed and gave permission, the caseworker may have removed your children. It is the caseworker’s job to place them somewhere safe. If this is what happened, the first hearing that you may go to is called a shelter hearing. At this hearing, the judge or hearing officer has to decide if the situation that caused the children to be removed continues or if your children should continue to remain outside of your care and if there should be another hearing. The next hearing is usually called an adjudication or petition hearing.

Sometimes children who are not in any immediate danger are not removed from home. However, a caseworker or other concerned individual still believes the family needs to be under the supervision of the court. In these cases, a petition may be filed asking the court for a hearing. A judge will decide if supervision is required. This is the adjudication or petition hearing. An adjudication hearing is held whether the children were removed or whether they stayed with their parents. At this hearing, the judge decides whether or not supervision is required and if they decide it is, where the child should live and what services are needed to help make things better. This last part is called the “disposition.

Even if children have not been removed from the home, they can still be placed under the supervision of the court.

Once this has happened, a judge or juvenile court officer will schedule hearings to see what progress is being made to fix the problems that brought everyone into court. These hearings are called review hearings, but some courts call them status hearings or merit hearings. The judge or juvenile court hearing officer will also schedule a permanency review hearing. At the permanency hearing, the judge also checks to see if the permanency goal is still the right one. You can read more about permanency options elsewhere in this section.

If problems persist, a judge will need to consider taking away the parents rights to “parent” their child. The government gives parents, courts and child welfare agencies a time limit to ensure a child is safe at home. Once that time has passed, a caseworker generally files a petition asking the court to terminate parental rights. Another hearing is held, and a judge decides whether or not the parent can continue to legally be the parent. This is called an involuntary termination of parental rights. Involuntary means it wasn’t the parents’ decision, but the decision of the court. Parents who recognize they can’t be the best parent for their children can also ask the court to end their rights. This is called a voluntary termination of parental rights. This is a very serious decision not taken without great care.