Lawyers Manual - Unified Court System

Representing Domestic Violence Victims in Child Welfare Cases 95
summation if the issues are complicated or the law unsettled. After summation,
it is common for the court to rule from the bench. If the neglect petition is
dismissed, CPS no longer has the authority to be involved with the family. CPS
may try to continue its involvement in the family’s lives; however, if the neglect
case has been dismissed the mother is justified in refusing further interaction
with CPS. If a finding of neglect is made, the court will either proceed directly
to disposition or adjourn the case for a separate dispositional hearing.
Disposition
There are a range of dispositional options. The child may be returned to the
respondent parent, placed or continued in foster care, or released to the custody
of the non-respondent parent or another person. The court is likely to impose a
period of CPS supervision of up to a year and to set forth terms and conditions,
such as counseling and enforcement of an order of protection against the abuser.
For a non-respondent mother, a finding against the abuser may mean that CPS
remains in her child’s life, for example to arrange visitation. The non-respondent
mother must cooperate with CPS as the agency monitors the child’s relationship
with the abusive parent, but cannot herself be supervised or ordered to participate
in services.
Hearsay is admissible at disposition and evidence that the attorney may not
have been able to authenticate at trial may be offered. In addition, post-petition
developments should be explored when helpful. For an attorney representing a
non-respondent mother, disposition offers an opportunity to obtain custody,
supervised visitation and an order of protection against the abuser.
At every stage of a child protective proceeding involving domestic violence,
as in all child welfare cases, an attorney must consistently emphasize that the
child is, and will be, safe in the mother’s care. At the same time, the attorney
representing the battered mother in a child welfare case also must present
evidence, arguments and expert testimony about the series of complex choices
that a battered mother makes in trying to assure the safety of herself and her
child and about the reality of her life, her resources and her options.