What Happens at the Fact-finding Hearing?
At the fact-finding hearing, the presentment agency must prove its case through witnesses and other evidence. The respondent’s attorney may cross-examine the witnesses and may present witnesses and evidence for the respondent. If the presentment agency proves the case beyond a reasonable doubt, the judge makes a “finding” that the respondent committed some or all of the acts described in the petition. If the case has not been proven, the judge will dismiss the petition. If a finding is made, the judge will schedule a “dispositional hearing” and order the Probation Department to investigate the respondent’s home and school behavior. The judge may order an evaluation by the city’s Mental Health Services. The court may either “remand” the respondent to a detention facility or “parole” (release) the child to the custody of his or her parent or guardian until the dispositional hearing.
The court holds a “fact-finding hearing” to decide whether the child has been neglected or abused and a “dispositional hearing” to decide what should be done if the court finds that the child has been neglected or abused. At the fact-finding hearing, the child-protective agency may present hospital and agency records, photographs and other evidence of neglect or abuse, and may produce witnesses. If appropriate, the child may be called as a witness. Sometimes young children may be seen by the judge in “chambers” (the judge’s office) instead of in the courtroom. The respondents have the right to cross-examine the witnesses and challenge the evidence produced in court, and to present their own witnesses and evidence.
