A post adjudication petition is a creature of statute. It is the mechanism used to address conditions discovered after the initial adjudication of a child as deprived. An example: learning the Natural Mother has a substance abuse problem. DHS can refer the parent for an assessment on the admission alone, but the state cannot allege a failure to correct the condition of substance abuse at a termination trial since the child was not initially adjudicated deprived due to the Natural Mother’s drug use.
To add the requirement to correct the condition of drug use, the State must file another petition. The post adjudication petition contains the new allegations. As with the first petition, the State must serve the Natural Mother. The Natural Mother can stipulate, enter a non-jury trial stipulation, or request a non-jury trial on the new allegations. There are no time line considerations since the children are already adjudicated deprived. The issue before the court is whether or not there is sufficient evidence to sustain a finding the substance abuse concerns are a condition to correct. TLC will provide more information on this topic in the coming months.
Each month TLC tries to provide our volunteers with useful information about certain programs or practices which can impact your client. We decided to end the year by hosting an event where all the service providers will be present to discuss their programs and answer your specific questions.
The “Unwrapping Resources” information Open House will be on Friday, December 8, 2017 from 11am-1pm at 907 South Detroit, in the large conference room on the 10th floor.
This event was developed based on input from our volunteers. Special kudos to Amber Dawn Cornelius for her suggestions. All sorts of issues will be addressed, like: Where can my client get a new school uniform? What does the color “red” on the drug testing schedule mean? How do I get my client signed up for summer camps? What therapy is available for abused children? What is TF-CBT?
Please stop by and enjoy lunch with us on December 8, 2017.