Understanding
the Juvenile Court Process

Going through the child welfare system can feel confusing, but knowing about the different kinds of court hearings can help.

Prior to Court Involvement

Hamilton County Job & Family Services has to check and keep track of all reports about child abuse or neglect. Someone made a report about you, so Hamilton County Children's Services, which is part of Job & Family Services, looked into what was happening in your home.

They found proof that the report was true. This means they found clear evidence that a child was not being treated safely.

Children’s Services may have tried to help fix the problems without going to court. But if that didn’t work, or if the problems were very serious, they asked the Hamilton County Juvenile Court to start a case.

If there was an emergency and children had to be taken from your home right away, a judge made that decision based on what Children’s Services found. The children would stay somewhere else until there was another court hearing to decide what happens next.

People in the Courtroom

Everyone who is part of the case has a right to and should come to the court hearing. A "party" in the case is someone who has the legal right to talk to the judge and ask for things. This includes you (the parents or caregivers), Hamilton County Children's Services and its lawyer, and a person who speaks for what is best for the child (from either the Hamilton County Public Defender’s office or ProKids).

Most of the time, children do not go to court. Other people, like helpers or grandparents, might be asked to speak, but if they weren’t listed above, they are not official parties in the case and do not have to be at the hearing but may still attend.

Tips for Attending Hearings

Be Ready: If you have a lawyer, talk to them about your case. You might be able to get a free lawyer through Juvenile Court. Bring any important information to help your case.

Follow Your Case Plan: The court wants to see that you are working on your case plan. Ask your caseworker from Children's Services to explain it to you so you know what you need to do.

Be on Time: You will get a notice for every court hearing. It is your right and responsibility to be there. Some hearings happen on Zoom. You can learn more about online hearings here.

Stay Calm: Court can be stressful. Take deep breaths and remember that everyone is working to make sure your child is safe. If something is confusing, ask your lawyer or court staff for help. Court uses words you might not hear every day.

Temporary Custody

As part of the adjudication and disposition hearing, your child might be placed in temporary custody. This means the court has decided your child cannot stay at home right now to keep them safe. Instead, they will stay with someone else while you work on fixing the problems that led to this.

How long does this last? By law, the county can have temporary custody for one year at first. If you don’t make enough progress, the court can add more time, up to two years total, by adding six months at a time after the first year.

At the end of these two years, you don't automatically get your child back. If you don't make progress to correct the issues in your home, the court may legally end your parental rights to your child. This is why it is so important to work your case plan and with the professionals in the child protection system. Their first goal is to reunify you with your child.

Review Hearings

What It Is: These hearings happen about every six months to check on how the case is going. The county and the child’s advocate (and a CASA volunteer, if there is one) will give reports to the court about the progress. You have the right to read these reports. After the child has been in county custody for 12 months, the court will decide whether to give more time for temporary custody, return the child to the parents, or make a long-term plan for the child.

What to Expect: You will share updates on what you have done to fix the problems. The magistrate will make decisions, including where your child will stay while the case is still open. You should work with your lawyer leading up to these hearings to make sure you are engaging with the services provided to you and are making progress at reunifying with your child.

Many review hearings are held over Zoom. You can find more information about these remote hearings here.

Motion
Hearings

What It Is: If you or the agency ask for changes to the case plan or something else in the case, the court will schedule a hearing. An example of this could be a request to change where the child is staying, how often you visit with the child, or changing the services required as part of the case plan.

What to Expect: You, the county, and the child’s advocate will each get a chance to share your thoughts. Then, the magistrate will make a decision.

Contested Hearings

What It Is: A contested hearing happens when people in the case do not agree on what should happen to the child. Each side shares their evidence and explains why they believe their plan is best for the child. The magistrate listens to everyone and then makes a decision. These hearings are important because they let parents and others speak up if they do not agree with the child welfare agency.

If You Disagree: If you, as the parent, do not agree with the magistrate’s decision, you can ask the Hamilton County Juvenile Court to review it. This is called an objection. A judge may look at your request, listen to both sides again, and make a final decision.

Case Termination

When Does the Case End? A dependency case ends when:

A child returns home to their parents.
A child is given a safe, permanent home with someone else.
A child becomes old enough to leave the system (between ages 18-21).

Reunification Comes First: The main goal is to reunite children with their parents. You will get help and services to work toward bringing your child home.

If Reunification Isn’t Possible: If after two years the child cannot return home, the court will choose a long-term plan. This could mean:

The child goes to live with a close family member or friend who will have legal custody and take care of them permanently.
Your parental rights are ended, and the child may be adopted or stay in the system until they are ready to leave between ages 18-21.

Understanding the Juvenile Court Process