Motion Hearing
While a case is open, any party can file a motion. A motion is a way to ask the judge to do something. A motion must ask for something and explain why it should happen. A motion needs an affidavit attached to explain the facts of the request. An affidavit is a sworn statement made by someone who knows, firsthand, about what they are saying. If the person asking for something wants to have the judge hear the motion, they must schedule it for a hearing. Some types of motions get a decision without a hearing.
There are rules about motions. Everyone on a case should get notice of a motion and have a chance to explain what they want. Everyone should get time to decide what they want unless the judge thinks it’s an emergency. Usually, everyone gets 10 days before the hearing is held.
Abuse of Discretion Hearing
The Department of Children and Families (DCF) makes decisions about children in their custody. Those decisions should keep the child safe. It should be what’s best for the child. DCF should consider what the child or parents think. People sometimes disagree with the decision. Sometimes they disagree with how the decision was made. If a parent or child thinks the decision was made for the wrong reasons or without careful thought, they can file a Motion to request an Abuse of Discretion Hearing.
Reasonable Efforts Hearing
The judge must decide if DCF is making Reasonable Efforts in the CP. This includes what DCF does to:
- Avoid removing children from their parents,
- Place children with family members,
- Work with parents to regain custody of their child,
- Return children to their parents,
- Achieve the permanency plan for the child.
If someone thinks DCF isn’t making Reasonable Efforts, they can file a motion. At the motion hearing people will present evidence about the efforts. Then the judge will decide and make orders if needed.
Rogers Hearing
DCF can make most of the medical decisions for children in their custody. But only a judge can allow certain medications. If a doctor recommends one of them, a Roger’s Motion is filed. The prescriber needs to explain the treatment, side effects, and alternatives. There might be a hearing or an agreement. If the judge allows the motion, a Guardian Ad Litem (GAL) will be assigned. The GAL will monitor the treatment. Periodically, the GAL will report to the court about how the treatment is working.