Review and Motion Hearings
Procedure From Policy 1100.0000: Obtaining Custody of Child Through the Dependent/Neglected/Abused Petition
 
A.      A motion may be filed to change placement of a child, visitation, custody status, to compel parental compliance, for contempt, for review, or for other purposes.  When a motion is filed, the question before the Court is "Has there been a change of circumstances which would warrant the granting of the motion?"
 
B.      Standard of Proof in Motion Hearings:
1.     Motions require evidentiary hearings if the parties cannot agree on a resolution.  Sworn testimony is usually taken.
2.     The Rules of Evidence apply in motion hearings.  Hearsay is not as freely admissible as it would be in a probable cause hearing.  First hand witnesses may have to testify in support of the motion.
3.     The party who filed the motion must present proof by a fair preponderance of the evidence and must show a substantial change of circumstances from prior relevant court orders.
 
C.      One of the following outcomes may occur at the Motion Hearing:
1.     Custody, placement or visitation modified
2.     Other orders modified or amended
3.     Status quo maintained
 
D.      The question before the Court in a Review Hearing is, "What is the status of this case?"  The review gives the Court insight into the current situation and to monitor the progress that the family and the Department have achieved in reaching the case plan goal.
 
E.      A court review is scheduled by the presiding Judge at the conclusion of the trial.  The review is usually scheduled six months after this time.  There may be circumstances which would warrant a hearing prior or subsequent to this interval:
1.     At each subsequent review, the presiding Judge schedules the next review.
2.     The Court also schedules a hearing upon the filing of a motion by any of the parties (DCYF Legal, GAL, CASA or parent’s attorney).  The Review or Motion Hearing can be used by any party to inform the Court that another party is not performing agreed upon tasks or to request changes. 
 
F.      Standard of Proof in Reviews:
1.     The review is usually not an evidentiary hearing, so there usually is no formal taking of sworn testimony.
2.     Hearsay and opinion are admissible.  The Court hears all statements which may have bearing on the disposition even if it would be inadmissible at trial.
3.     If the review is an evidentiary hearing, the standard of proof is fair preponderance of the evidence.