What Has to Be Proven to Allow the State to Have Custody of Children?

[LawNovice99]

My question involves child abuse or neglect in the State of: WA

My grandson was taken by CPS and he is now placed with me. There was a shelter care hearing and now there's some other hearing that's going to take place a few months from now regarding whether or not the state can have custody. What do they need to prove? How is this different from the shelter care hearing?

[Mercutio100]

It sounds like the next hearing you're referring to is a contested dependency fact finding proceeding. The state is likely alleging that your grandson should be found dependent (essentially becoming a ward of the state) based on any one of the following elements:

1) the child has been abandoned;
2) the child has been abused or neglected; or
3) their is no parent capable of taking care of the child (the most common basis)

The state would have to prove any one of these by a "preponderance of the evidence" standard. In simple terms, that equates to 51% at the very least. Or if you think of a scale, it need only tip slightly in the state's favor.

The proceeding itself differs from a shelter care hearing in that basic rules of evidence apply, whereas, at a shelter care hearing, certain evidentiary protections, such as hearsay evidence not being automatically admissible, is not afforded. In essence, the SH hearing is comparable to an arraignment. The state merely needs to show that there is sufficient evidence to support the dependency petition. No ruling is made as to the dependency itself. Instead, the court provides an order allowing for continued placement of the child outside of the home.

Also, keep in mind that you have no standing in this case, so you aren't entitled to be heard. However, you do have a right to notice of any of the proceedings and often times the judge or commissioner will ask how things are going while the child is in your care. You can also express any concerns you may have to the assigned social worker or guardian ad litem.

[babyfat5]

If the state removed the child from the home they probably already have legal custody of the child with you having physical custody. In the case I had the state had legal custody but never removed the kids so I had physical custody of the kids. The state had legal from the first court hearing till the last.
The only thing legal custody ment in my case was if I failed to do what I was asked it would be easier to remove the kids. I still made all decisions as far as medical and school went. I still had to sign a release if cps wanted to talk to the therapist or doctor.
This hearing your probably talking about is probably about if the state has enough to keep the child in legal custody. We had to go to court every 90 days with an MDT meeting once a month to make sure we were following the plan. the court hearings never lasted for more than a few minutes and the judge usually just read the social workers notes asked if we had questions and let us go.
If the parents are doing as told and making progress they will probably keep the child in legal custody of the state with you as the placement until the parents make enough progress to start getting overnights then custody back. When the case is closed they give legal custody back.