4.23.1 Requesting a Petition for Wardship | 4.23.2 Notification of Necessary Persons Required at Court | 4.23.3 CPSW Should Review the Investigation | 4.23.4 Attendance | 4.23.5 Present Yourself As A Professional | 4.23.6 After Testifying or Stipulation of the Parties
It is essential that the CPSW present him or herself as a professional throughout the court process beginning with the investigation, presenting the case to the State's Attorney for filing of a petition, interacting with the parties at court and testifying in subsequent hearings. Six essential elements in presenting oneself as a professional are to:
1) conduct an investigation within the guidelines of the DCFS Rules and Procedures;
2) be prepared and organized;
3) attendance at court (including answering subsequent subpoenas);
4) come in a timely manner in order to give the attorneys time to ask questions before court;
5) dress appropriately;
6) and to be courteous, treating each participant in the process with the same respect.
Once the determination is made to file a petition with the court, the CPSW must make a request of the State's Attorney to file the initial petition for Adjudication of Wardship. The law requires that the petition allege the minor is abused, neglected, or dependent, cite to the specific provisions of Juvenile Court Act, and provide the specific facts that support the allegations. The petition must be verified, which means that the person filing the petition is to attest in writing that he or she is basing the petition on fact or on information and belief that the facts set forth in the petition are true. Pursuant to Illinois law (705 ILCS 5/1-109) "Any person who makes a false statement, material to the issue or point in question, which he does not believe to be true, in any pleading, affidavit or other document certified by such person . . . shall be guilty of a Class 3 felony" a criminal offense.
The CPSW is required to complete a diligent search for the parent/guardian/custodian and serve the Notice to Parents. (Review the section on Diligent Search Policy 98.1) There must be documented good faith attempts for in-person notification to parents/caretakers and/or contacts to essential others of the pending hearings. If the CPSW has completed a diligent search the CPSW shall complete an affidavit stating that they have been unable to locate the parent pursuant to a diligent search and submit the affidavit to the court. Being the subject of court proceedings can be very intimidating and overwhelming for children, parents/caretakers. The CPSW should anticipate this reaction and provide detailed information as to the location, time, date, calendar, how to check in, participants (judge, public defender, state's attorney, guardian ad litem, permanency worker, witnesses, etc), possible outcomes, testifying, courtroom decorum, etc. CPSW should inquire of the parent/guardian/custodian their mode of transportation for attending court. Where appropriate, the CPSW shall transport or arrange for parents or children to attend the shelter care hearing. Documentation on a CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A) shall be placed in the case file.
The cpsw should review the investigation, and if necessary create a note sheet that will assist the CPSW to remember key dates and names in the investigation.(this could be you personal note not part of the case file) The CPSW should determine the strengths and weaknesses of the investigation (refer to the Child and Abuse Finding Matrix, Procedures 300 Appendix B) and anticipate questions to be asked at the hearing. Do not memorize your testimony, just the names and dates. The CPSW is telling the court a factual story and should expect questions that are not in sequence with the incidents. While waiting to testify you can review your notes. The first questions invariably to be asked is "who do you work for", "when were you assigned to the case" and "when was protective custody taken." Remember, you are not allowed to look at your notes while on the witness stand unless given permission by the court.
Attendance at court proceedings is mandatory pursuant to the Juvenile Court Act 705 ILCS 405/1-17. The CPSW must attend all court hearings assigned to his or her caseload through the adjudication unless excused by the State's Attorney and Judge. Attendance at court is crucial to service delivery for the child and family. The worker's failure to appear will impair service delivery to clients and endanger the CPSW's working relationship with the judge and other court personnel. Additionally, the worker may be subject to civil and criminal proceedings.
Tardiness for hearings can have the same ramifications as failure to attend. Thus, the CPSW shall make every effort to check/sign in at court a minimum of 30 minutes prior to the beginning of the hearing. Inform the state's attorney of your role in the proceedings and identify others expected to attend.
The CPSW is to take seriously the responsibility to attend court proceedings. Immediate and timely notification to the supervisor and the state's attorney of emergencies and the subsequent inability to attend a scheduled hearing is also the worker's responsibility.
Remember, even if you have followed the rules and procedures, and know the facts of the case, the most experienced witness has some anxiety before and during their testimony. The CPSW must remember to:
· speak a little slower than normal,
· articulate using appropriate language,
· make eye contact with the person asking the questions,
· listen closely to the questions,
· exude confidence,
· be respectful,
· and direct your answers to the attorneys and judge.
Remember, the attorney who needs to attack CPSW testimony will attempt to shake the confidence and confuse the CPSW. As discussed earlier, if the CPSW speaks calmly, with certainty and specific to the facts, the CPSW will discourage confrontation.
After the CPSW has testified, he/she should make sure to obtain the permission of the court to leave the building . The CPSW must communicate to the State's Attorney prior to the hearing any forthcoming vacations or your inability to be present in court for future status dates or trial. If both parents were not present in court, the investigator should inquire if they are required to due a further diligent search and if when they are required to return to court. The investigator should also consult with the State's Attorney whether his or her presence would be required at trial.
4.23.1 Requesting a Petition for Wardship | 4.23.2 Notification of Necessary Persons Required at Court | 4.23.3 CPSW Should Review the Investigation | 4.23.4 Attendance | 4.23.5 Present Yourself As A Professional | 4.23.6 After Testifying or Stipulation of the Parties