Child welfare investigations and court processes

Children Services (also called the county public children services agency or (PCSA)) starts an investigation if it thinks a child may be:

• Abused. Abuse includes physical harm done on purpose (like hitting, biting or burning) that injures the child. Abuse also includes putting the child at risk of harm or involving the child in sexual activity.
• Neglected. Neglect means the parent or guardian isn't providing enough food, clothing, shelter, medical care or supervision to keep the child physically and mentally healthy, safe and well.
• Dependent. Dependent children include kids who are:
  • Homeless
  • Destitute (living without basic necessities)
  • Without adequate parental care
  • Living in other bad environments or with dangerous people. This can include a household member included in another child’s abuse, neglect or dependency case. 
  • The problems that make the child dependent may or may not be the parent’s fault. The problems may be due to the guardian’s health guardian’s health or another reason.

Investigations may include:

• Visits to your home
• Interviews of you, your children or other people in your life
• Reviews of school, medical or other records 

After Children Services finishes an investigation, it reviews the evidence and determines its next steps. Children Services may ask the court to remove the child from the parent’s care or suggest a safety plan designed to protect the child without court action.

Read more about what to expect from Children Services during an investigation.

Your rights as a parent during an investigation

During an investigation, you have the right to decide if your child stays in your care until a court makes an order. If it is considered an emergency, which is uncommon, a court may make an order to remove a child very quickly. If you need legal advice about what to do during an investigation, you can talk to a lawyer at any point.

Being polite and respectful with Children Services is important. You may not agree with everything a caseworker thinks. But being respectful helps you get through the investigation smoothly.

A safety plan is an agreement between a parent and Children Services. The safety plan lists:

• Activities. The plan lists specific activities to keep the child safe. It also explains how the activities lower danger.
• People. The plan names who is responsible for each activity.
• Supervision. The plan explains how Children Services will monitor the plan.

An Agreement for Temporary Custody of Child is an agreement between a parent and Children Services. Sometimes, this agreement is called a "voluntary agreement for care." The parent agrees to put their child in Children Services’ custody for up to 30 days. The 30-day period can be extended in certain circumstances.

You have the right to refuse a safety plan or an Agreement for Temporary Custody of Child. If you do sign an Agreement for Temporary Custody of Child, you have the right to cancel your permission at any time. If you choose to cancel your permission, contact Children Services to let them know.

If you need help deciding whether or not to accept a safety plan or an Agreement for Temporary Custody of Child, talk to a lawyer.

If Children Services files a case against you in court and you cannot afford a lawyer, you have the right to a free lawyer. Depending on the county, your free lawyer could be either court appointed counsel or from the Public Defender’s Office.

Learn more about your rights and responsibilities as a parent during an investigation.

If a complaint is filed in court

After collecting evidence, Children Services starts the case by filing an official complaint that includes:

• An allegation of abuse, neglect or dependency
• A statement of evidence
• The names and addresses of the child’s parents, custodians and guardians
• A statement of what Children Services wants the court to do

If Children Services files a complaint, it will be with the Juvenile Court. Juvenile Court is a court that focuses on children and families. The law encourages courts to keep children in their homes if they are safe with appropriate care. Treat everyone respectfully and try to cooperate with Children Services to fix the problems in the complaint. This could help you keep your children in your home.

The roles of court workers at a hearing

A court hearing is a scheduled meeting at a court for a legal case.

The judge or magistrate is a court worker who oversees the hearing, listens to each side’s arguments, reviews evidence and makes decisions.

Each side is called a party. The parties in a Children Services case may be the parents, the Children Services agency, other people who want custody (like your parents or the child’s other parent if you are not together) or any other individuals, groups or organizations involved in the case.

Each party in the case may have a lawyer who helps get what they want. 

You have the right to request a lawyer at any time. You do not need the court’s permission to hire a lawyer or request a lawyer. If you cannot afford a lawyer, the court may appoint one for you. To request a free lawyer, call the court and ask how counsel is assigned in abuse, neglect and dependency cases. Follow the court’s instructions. You may need to take steps like filing a form, calling someone, arriving at a specific time or taking other required action. Learn more about the rights and responsibilities of parents in a Children Services case.

In a Children Services case, the court may appoint individuals to advocate for your child:

• CASA. CASA stands for court appointed special advocate. A CASA is a trained community volunteer who speaks for the child’s best interests in foster care or abuse cases.
• GAL. GAL stands for Guardian ad Litem. The GAL is a trained court officer, often a lawyer, who represents the child’s best interests or legal needs in a court case.

CASAs and GALs talk to the child, their family and others. They tell the court what they think is best for the child. You may agree or disagree with them.

Even if you disagree with people at court, always follow the court’s rules and treat others respectfully. Staying calm helps your case go smoothly. The bailiff is the court worker who supervises court security. 

First court hearings and emergency hearings

For non-emergency complaints, the court schedules a hearing. This is sometimes called a Day One hearing.

In an emergency, Children Services can ask a judge or magistrate for an order to take your child into custody. The judge or magistrate decides if the legal requirements for the emergency order are met. In some cases, the judge or magistrate can make this decision by phone without holding a court hearing first.

If your child is taken into custody under an emergency order, the court will hold a hearing soon after. At the hearing, the court will review the emergency order and decide if your child should stay in shelter care.

The child’s health and safety are the court’s most important concerns.

At the first hearing, the court:

• Addresses the case status.
• Determines who the child’s mother and father are so the court can include the parents in the case. (If paternity is unknown, the court asks for a list of possible fathers.)
• Asks about the mother and father’s tribal affiliations. The court has to ask these questions to follow the Indian Child Welfare Act (ICWA.)
• Appoints the child’s guardian ad litem.
• Explains the guardian ad litem’s role.
• Appoints the parent’s attorney, if requested.
• Decides whether to place the child or continue placement.
• Considers what services the child and parents have or need.
• Chooses the least restrictive placement for the child. This could include placement with available relatives or an adult the parents request, if possible. Parents may ask Children Services to consider any specific adult guardian (not just relatives).
• Reviews whether Children Services made every reasonable effort possible to avoid placement. Children Services must do everything they can to avoid placement outside of the home. Reasonable efforts include solutions like: 
  • Removing abusers from the home
  • Sending family members to drug rehab
  • Having someone else (like a grandparent) to move into the household for support
  • Ordering other actions. 
• Decides if staying in the home is in the child’s best interest.
• Orders terms and conditions for visitation.
• Assesses the responsible school district’s education costs.
• Explains Children Services custody timeframe to the parties.

Your child’s case plan

After the Day One or Emergency hearing, Children Services creates and files a case plan. The case plan:

• Describes the current placement. Children Services must show its effort to prevent removal, end ongoing removal and help the child return home.
• Explains Children Services' efforts to find the child a safe and permanent living situation. The goal is to find the least restrictive and most family-like permanent setting possible. The court considers in-home services like Family Preservation. The law says siblings should be placed together whenever possible. The law says children should return to their parents or guardians as soon as possible. If it is not in the child’s best interest to return home, the law says alternative placement must be found within 12 months.
• If changes are necessary, it must be modified by the court. The court must approve any substantive changes (like a parent’s visitation rights). However, Children Services may make an emergency change to the case plan if the child is in immediate physical or emotional harm. Children Services must notify all parties. If Children Services notifies you about a change, you should call your lawyer immediately.

Adjudication and dispositional hearings

The adjudication hearing is where the court decides if the child is abused, neglected or dependent. The adjudication hearing happens within 30 days following the complaint filing date. The court may extend the hearing deadline up to 10 days if there is a good reason.

The court holds a dispositional hearing where the judge decides where your child should live and what you and Children Services must do to reach the case plan goal. The case plan may be modified. The dispositional hearing happens within 30 days following the adjudication hearing. The dispositional hearing must take place within 90 days after the complaint is filed. The court may extend the hearing deadline up to 45 days if there is a good reason.

If the hearing does not happen by the deadline, the court must dismiss the complaint without prejudice. This means the case is dismissed, but a new complaint may be filed later.

After the dispositional hearing, the court will schedule future hearings as required.

Periodic review hearings

The court and Children Services hold hearings to review the case status and case plan progress. Children Services must review the case at least every 6 months. The court must review the case at least once a year. These hearings are a chance to identify problems that keep parents from making progress, and services that may help the family. Parents, foster parents and children should all be invited to the meeting.

Annual review hearing for permanent placement

The annual review hearing is a hearing to review the permanent plan for the child and make permanency decisions. The date for the annual review hearing is set at the dispositional hearing. The annual review hearing is set at least 30 days before the 1-year anniversary of the child’s placement or complaint filing date.

Ohio Law encourages courts to move children to permanent placement (where the court is not involved) as quickly as possible. Temporary custody expires within one year from the start of substitute care. Temporary care can be extended for up to 2 six-month periods. When temporary custody expires, Children Services may request:

• Permanent Children Services custody and termination of parental rights, or
• Some other permanent plan for the child, including giving custody to someone else or PPLA (permanent foster care).

You should follow your case plan as quickly as possible to avoid termination of your parental rights.