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Dependency and Neglect Custody Cases

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What is a dependency and neglect case ("D&N") in Tennessee?

 

The filing:

What happens first? Generally, DCS will initiate a petition for dependency and neglect cases. But before they initiate a petition, there is usually someone who tips DCS off about potential child abuse, neglect, or abandonment. This tip can come from a relative, an acquaintance, a medical provider, teacher, or anyone else who comes into contact with you and your children.

However, some petitions for dependency and neglect (“D&N”) are privately filed. This means that an individual, often a relative or parent, will file the D&N themselves. Once a private petition is filed, DCS is often alerted and generally they will take an active role in the case.

 

3-Day Hearing:

Once a D&N case is filed, the respondent has the right to a hearing within 72 hours. This is often called the 3-day hearing, or probable cause hearing. This hearing is where the judge first hears the facts of the case. The judge will listen to each party’s side of events and will make a determination of whether there is sufficient evidence to find probable cause that there was D&N. Finding of probable cause does not indicate that one party will necessarily win the case.

 

The vast majority (probably 90%) of D&N cases pass this burden of finding probable cause. The reason for this high rate is that probable cause is a low burden, and all but the most flagrantly meritless cases will pass this relatively low burden.

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The petitioner is the party that must put on proof to establish probable cause. The petitioner bears the burden of proof. This means that the respondent(s) are not obligated to speak or submit any evidence. First, the petitioner will tell the judge their side of events, then the respondents attorney will cross examine the petitioner. Most of the time, the respondent will want their side of the story to be heard. The respondent will then tell their side of events, and the petitioner will cross examine the respondent. 

 

Once the evidence has been heard, the judge will make a ruling on whether probable cause was met. As stated before, there is generally probable cause. If probable cause is not found, then the case will be dismissed. If probable cause is found, then the judge will address temporary placement of the child(ren) for the pendency of the suit. Either party may make oral motions about where they believe the child should reside while the suit is pending. Likewise, either party may ask for visitation either supervised or otherwise.

 

If there are allegations of substance abuse, then most judges will want to see two clean drug screens prior to allowing visitation. Generally speaking, the petitioner will have substantial control over where the child is placed while the suit is pending. 

 

30-Day Hearing (Full Trial)

 

After the three day hearing, there will be a waiting period before the next court date. During this interim period, the respondent is often tasked with numerous items to work on. These tasks may include passing drug screens, taking parenting assessments, drug and alcohol assessments, and many others. It is important that the respondent work diligently and quickly to complete these tasks prior to the next court date. There may also be Child Family Team Meetings (CFTMs) with DCS and the various parties during this interim period. These CFTMs are often taking place over zoom, and they are a time for the parties to discuss their progress and developments. 

 

The next court date is typically set for adjudication. The reason is that the law requires a trial to occur within either 30 or 90 days depending on where the child is placed. The adjudication is the final trial where both parties submit all of their evidence. These trials can take many hours on some occasions. However, these adjudications are often postponed to give the respondents time to work on the tasks that they are assigned.

 

For example, if a parent was tasked with taking parenting assessments and parenting classes, then the court may reset the adjudication if the parent proves they are diligently working through the required parenting classes. However, one should always be prepared for a hearing anytime a case is set for adjudication. 

 

During the trial, both parties will put on evidence and proof. The burden is on the respondent, and the burden of proof is clear and convincing evidence. This standard is much higher than the mere probable cause. As of now, the court will look at the time of filing to determine whether the child was dependent and neglected. If the court finds that the child was dependent and neglected then they will move onto establishing permanent custody and visitation rights. 

 

What will we do as your attorney? 

 

If you are a respondent, then we will go over the basics of the case and underlying reason why the petition was filed. This means we will talk with you about why the petitioner believed your child was dependent and neglected. We’ll listen to your side of events and we’ll go over any supporting proof that you may have. We will also go over any proof that supports the petitioner's side of the story. Then we will discuss the various ways this case will work out. Sometimes, these cases can be resolved between the parties without there being a hearing. Sometimes, though, a formal hearing is required.

 

We’ll help walk you through the process and help you make a sound decision on whether to have a hearing or come to an agreement. At the hearing we’ll cross examine the opposing party’s witnesses and we’ll enter evidence on your behalf. If you need help with a custody situation, let us know. We’re here to serve.