When children and teens are involved with the child welfare system, the Court holds regular hearings to check on how things are going and decide what should happen next. During the hearing, you, the case manager, your guardian ad litem, your parents and your caregivers can to talk to the Judge about what should happen next.

Who’s Who in the Courtroom?Who’s Who in the Courtroom?

Judge or General Magistrate:

1

The Judge or General Magistrate is in charge of the courtroom. They listen to what everyone involved in the case has to say and makes decisions about what should happen.

Clerk of the Court

2

The Clerk helps the Judge by taking notes, scheduling hearings and giving people the oath.

Sheriff’s Deputies

3

The Deputies make sure that everyone is safe and follows the court rules.

Guardian as Litem

4

Attorneys

5

Child Protection Investigators

6

If you have a Guardian ad Litem, he or she will tell the Judge what he or she thinks is in your best interest.

An attorney’s job is to help their client and tell the Judge what their client wants. There can be several attorneys on each case including an Assis-tant State Attorney, a Guardian ad Litem attorney, a parent’s attorney and sometimes an attorney for the child.

The CPI is the person who investigated your case. Based on the investiga-tion, the CPI will make a recommendation to the court about whether you should stay at home or be removed. The CPI is usually involved in the very beginning of the case.

Case Manager

7

Others

8

The case manager will work with you and your family to make a plan that will help your family fix the problems that led to your removal or involvement with the court. If going home is not possible, the case manager will work with you to find a permanent placement for you. The case manager will tell the court how your parents are doing on their case plan.

There may be other people at court. Some are witnesses. Witnesses tell the Judge what they know about the facts of the case. Sometimes your family members, people from your placement and other children and their families who are waiting for their cases to be heard will also be at court.

SHELTER HEARING: This hearing must be held with 24 hours if you are removed from your home. The CPI will tell the court whether he or she thinks that you are safe in your home. Your parents or their attorney can tell the Judge their side of the story. If you want to talk to the Judge, tell your CPI. If the Judge decides that there was a good reason to remove you, the Judge will decide where you should stay until the next court hearing and what type of visits you should have with your parents or siblings.

ARRAIGNMENT: At this hearing, the Court will ask your parents if they agree with the facts of the case or think that it would be helpful to work on a case plan even if they don’t agree with the facts of the case. If your parents disagree with the facts of the case, they can ask for a trial. The Court will tell your parents about their right to have an attorney.

ADJUDICATION (TRIAL): At this hearing, the Court hears from witnesses and reviews evidence about the facts of the case and decides whether you are dependent. Being dependent means that the Court will stay involved in your case until it is safe for you to be at home or you have a permanent place to live.

DISPOSITION: At this hearing, the Court will approve a case plan that will help your parents fix the problems that led to your removal. The plan includes things that your par-ents and the case manager are required to do and may include services for you. The Court will also decide where you should stay, what type of visits you should have and what services you need while your parents and the case manager work on the case plan.

JUDICIAL REVIEWS: At these hearings, the Court will check on how everyone is doing on the case plan and if there should be any changes. The Court will decide whether you should stay in your current placement, move somewhere else or go home. The Court may ask about your visits with your parents and other family members and will check to see that your health, educational and any other needs are be-ing met. These hearings are held at least once every six months. Sometimes these hearings happen more often because you are in a specific placement or you are getting ready to leave your placement.

Types of Hearings andTypes of Hearings and Other Court ProceedingsOther Court Proceedings

PERMANENCY REVIEW: At these hearings, the Court will decide when the permanency (long-term) goal will be achieved. The goal can be (1) to go home, (2) to be adopted, (3) to be placed with a permanent guardian, (4) to be placed with a relative or (5) to be placed in another permanent placement. This hearing must be held within 12 months of when you were removed from your home and then it is held once a year until the case closes.

TERMINATION OF PARENTAL RIGHTS (TPR): At this hearing, the Court hears from witnesses and reviews evidence about whether your parent’s rights to you should end so that you can be freed for adoption. Not all cases have this type of hearing.

MOTION HEARING: These hearings are held when someone (including you) has asked the Court to do something (its called making a motion). The Court must decide whether to grant (say yes) or deny (say no) the motion. You have a right to know what the motion is about.

MEDIATION: This is when the Judge tells everyone to get together for a meeting and try to come up with an agreement about what should happen in the case.

If you are not sure why

you are going to court,

ask your attorney,

your case manager,

your guardian ad litem or

the Court!

Common Questions aboutCommon Questions about Going to CourtGoing to Court

What should I

wear to court?

Wear something that is clean and comfortable that you would wear to school.

Tuck your shirt into your pants.

Don’t wear anything that is too revealing, too tight or has bad words or pictures on it.

Remember to take off your hat once you are in the courtroom.

Will I have to walk

through a metal

detector?

Yes. The Courthouse is a safe building, so everyone has to walk through a metal detector and put their bags through an x-ray machine.

You should not bring any scissors or other sharp objects to the Courthouse.

You should not bring any open bottles, soda cans or juice drinks.

Leave your computer or video games at home.

You can bring your phone, but remember to turn it off before you go into the courtroom.

You are not allowed to text, play video games or use your phone in the courtroom unless the Judge tells you it is okay.

What should I

do when I get

to court?

Go to the courtroom and ask your case manager or another adult to sign you in so that the Judge knows that you are present.

If you can’t find the sign in sheet, ask for help.

If you are not sure where to go, ask a deputy.

What happens if

I have to go to the

bathroom or leave

the courtroom for

some other reason?

If you are not in the court-room when your case is called, the Judge or General Magistrate will go to the next case and come back to your case as soon as possible.

Can I eat a snack

or chew gum?

You may not eat or drink in the courtroom unless the Judge says it is okay.

Remember to spit out your gum before you go into the courtroom.

What does it mean

to take the oath or

be sworn?

It means that you promise to tell the truth.

You have to stand up and raise your right hand.

When the Clerk asks you if you promise to tell the truth, you should answer “Yes”.

What should I

do when my case

is called?

You should walk up to the podium. The podium is the tall table in the center of the courtroom.

If you get nervous and want to sit down, just tell an adult.

Listen to the Judge or General Magistrate.

What should I

call the Judge

or the General

Magistrate?

You can call the Judge “Judge” or “Your Honor”.

You can call the General Magistrate “Magistrate” or “Your Honor”.

If my parent is

coming to court

from jail, can I

talk to or hug

my parent?

When parents come to court from jail, they will have to stand near the deputy. Your parent is not allowed to talk to you or hug or kiss you. You can wave or blow kisses to her.

What happens

if I cry?

Sometimes people cry when they are happy, upset, frightened or confused. It is okay.

What if I want

to talk to the

Judge or hand

her a letter?

Tell your case manager, your guardian ad litem or your attorney.

If you can’t do that, just raise your hand so that the Judge can see that you want to speak.

What should I

do if I want to

live with or have

information about

other relatives or

family friends?

This case is about you! If you have any information, tell your case manager, the guardian ad litem, your attorney and the Judge or General Magistrate.

Copyright 2013 © Eckerd

Eckerd Community Alternatives is a program of Eckerd that has developed a collaborative system of community-based care to serve children and fami-lies. Working with a network of strategic partners, child advocates and other community resources, Eckerd Community Alternatives is committed to im-proving the quality of services for children and families. Eckerd Community Alternatives is sponsored by Eckerd and by the State of Florida Department of Children and Families.