Initial Dispositional Hearings

Initial Disposition Hearing:

• Within 30 days of adjudication
• Can be held immediately after adjudication
• Typically held on the same day

Purpose of the hearing:

The purpose of the initial disposition hearing is for the court to order a plan to meet the needs of the juvenile and the objectives of the state, IE, family preservation. Each party makes recommendations for what they believe is in the child's best interests. The Juvenile Code prioritizes providing services to the juvenile in their own home, if possible.

• No party has a burden of proof at a disposition hearing
• All parties can present evidence to the court
1. Typically, DSS will present their evidence, then the GAL and then the Respondents
• The court may also receive testimony or evidence from a non-party
• The rules of evidence are relaxed, and hearsay is admissible so long as it is relevant and reliable
• The court’s paramount consideration is the juvenile’s best interest

• DSS and GAL often submit court reports at the initial disposition hearing and at each subsequent hearing
• Through not as common, parent attorneys are also able to submit court reports regarding the progress their client has made
• Court summaries usually include a history section, updates regarding the juveniles’ welfare and services completed by the respondents, and recommendations regarding family time and services for the respondents and the juveniles

The trial court has several dispositional options at the initial disposition hearing.

• The trial court can:
• Dismiss the juvenile petition.
• Continue the disposition hearing in order to allow the parent, guardian, custodian, caretaker or others to take appropriate action and obtain necessary services (eg: paternity and psychological testing).
• Require that the juvenile be supervised in the juvenile’s own home by DSS or someone identified by the agency with conditions in place regarding the parent, guardian, custodian, or caretaker as the court may specify.
• Place the child in the custody of a parent, relative, private agency offering placement services, or some other suitable person. If the court chooses this option it must first determine that an individual other than a parent understands the legal significance of the placement and the person has the financial means to care for the child.
• Appoint a guardian of the person for the juvenile as provided in G.S. 7B-600.
• Place the juvenile in DSS custody.

With the exception of dismissing the petition, these alternatives are available to the court at every dispositional hearing.

• Visitation must be addressed at each hearing.
• If the juvenile is removed from the parent’s, guardian’s or custodian’s custody, the court’s order must address visitation.

Note: Although the court is only required to address visitation with a parent, guardian, or custodian, the court can also order visitation with another person that is consistent with the juvenile’s health and safety and is in the juvenile’s best interests.

• The Court shall consider the following factors in determining court-ordered visitation:
  
  
  • What visitation is in the juvenile’s best interest?
  • Does visitation have to be supervised? If so, what level of supervision is needed?
  • If there is a cost for the supervision, who is responsible for the payment? If it is the respondent, does the respondent have the ability to pay?
  • What minimum frequency and length of visits should be ordered?
  • Should DSS be given discretion to expand visits beyond the minimum ordered
  • Should electronic communication be ordered?

  Note: electronic communication may supplement visitation and is not a replacement or substitute for face-to-face visitation.

  • Under what conditions may visitation be suspended?

The court must include visitation provisions in each of its written orders. The order should include:

• Frequency, duration, and level of supervision
• No visitation if it is contrary to the child's health and safety, not in the child's best interest, or the parent has forfeited their right to visitation

When a juvenile is in DSS custody, before DSS may recommend that a parent, guardian, custodian, or caretaker from whom the juvenile was removed should receive unsupervised visits, DSS must first observe 2 visits between the juvenile and that removal person for at least 1 hour each and at least 7 days apart. Both observations must occur within 30 days of the hearing where DSS is making the recommendation.

The same requirement applies to when DSS is recommending the juvenile return to the custody of the removal parent, guardian, custodian, or caretaker.

The Court does not have to wait for DSS to make its recommendation nor does the Court have to follow DSS' recommendation before ordering unsupervised visits or placements. However, the Court must find that the juvenile will receive proper care and supervision in a safe home.

• The court shall cease reunification efforts at the initial disposition hearing if it finds a court determines or has determined that aggravated circumstances exist because the
• parent has committed or encouraged the commission of, or
• allowed the continuation of, any of the following upon the juvenile:
• Sexual abuse
• Chronic physical or emotional abuse
• Torture
• Abandonment
• Chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the juvenile
• Any other act, practice, or conduct that increased the enormity or added to the injurious consequences of the abuse or neglect
• If the court ceases reunification efforts at an initial dispositional hearing, it must schedule a permanency planning hearing within 30 days.
• However, the court does not have to cease reunification efforts if it concludes that there is compelling evidence warranting continued reunification efforts.