Significance

• The evidentiary hearing is significant in that the state Child Protective Service agency will be required to present their evidence of abuse or neglect in a court hearing in front of a Family Court judge. The parents, who are respondents, have the right to question the evidence and any witnesses presented (see Resources).
  
  

Features

• Child Protective Services, or "The State" will have filed legal paperwork detailing their findings after the children were placed into foster care. These findings will include initial assessments or psychological evaluations and possibly results of physical exams (see Resources).
  
  

Function

• After the judge has heard all of the evidence presented by the attorney for the Child Protective Service agency as well as the evidence presented by the parents' attorney, he will hand his decision down as to whether the child or children will remain in foster care or go home.
  
  

Considerations

• CPS must prove its case based upon a "preponderance of the evidence." The parents and their attorney have the right to present their side of the case, as well.
  
  

Reunification or Adoption?

• After the evidentiary hearing where the judge has accepted the treatment plan as written by CPS, the parents will be ordered to follow every part of treatment. The judge may also add additional activities which will help to make the family home safer for a future return home. If the treatment plan is not followed, the children will be placed for adoption, long-term foster care or guardianship.
  
  

Warning

• Even though the State has proved the existence of abuse or neglect, this does not mean that the parents should not continue to fight to regain custody. They should read the treatment plans thoroughly and take them seriously. Any progress in treatment will be seen positively and can only help.