EPC HEARING ADVOCACY

72 HOUR POLICE HOLDS

Requirements:

Peace officer takes child into custody

Surroundings or conditions endanger child’s

health or welfare

Reasonable belief of peace officer

Notifications to child and parent; why held,

court hearing, and agency contacts.

72 HOUR POLICE HOLD

Procedure during police hold:

May be released any time prior to EPC

hearing by peace officer, peace officer’s

supervisor, or county attorney.

Agency may release if conducted an

assessment and jointly with the family has

developed and implemented a safety plan.

72 HOUR COURT HOLDS

Ex Parte Order for custody and placement

into foster care.

Left or removed from court ordered placement.

Prima Facie showing surroundings endanger

child’s health, safety or welfare that require

immediate custody to agency.

Continuing custody with parent is contrary to

child’s welfare.

Fails to appear when served.

72 HOUR COURT HOLD

Procedure during Court Hold:

Child may be held for 72 hours unless court

issues order authorizing child’s release

Cannot exceed 72 hours unless at EPC

hearing Court has ordered continued

protective care.

INFORMATION FOR THE COURT AT EPC

Reasonable efforts to prevent placement

made by agency

Services that could be ordered to allow child

to safely return home

Relatives or kin available for placement

Proposed placement is LRA, most home-like

and meets child’s needs

Restraining orders if necessary

Orders needed for examinations,

evaluations or immediate services

Terms and conditions of visitation with

parents, siblings etc.

Is this possibly an ICWA case

If by-pass case then relieved of

reasonable efforts

COURT’S EPC DETERMINATIONS

Prima Facie Showing

Juvenile protection matter exists and child is the

subject; then

Child or others would be immediately endangered by

child’s actions if the child were released to the care

of the parent or legal custodian; OR

Child’s health, safety, or welfare would be

immediately endangered if the child were released to

the care of the parent or legal custodian

Title IV-E findings

COURT MAY ORDER AT EPC

That the child:

Continue in protective care

Return home with conditions to ensure safety

Return home with no conditions

Terms of visitation

Evals and Assessments

Parent’s responsible for costs of care

EPC HEARINGS IN WRIGHT COUNTY

CJI initiative to prioritize child protections cases.

Protocol for EPC hearings developed.

All stakeholders included in discussions and

expected to comply with timelines.

Timelines approved by Bench.

EPC HEARING

Court Hold hearing within 72

hours

Notice from Court administration

Findings to be made at hearing

Orders Evals and Assessments

Wright County Court Priority filing of EPC

petitions

Petition available to Attyand GAL by 2:00

Notice that actually works.

Set time of 3:00 for EPC hearings

Judge really reads the petition before hearing

Approves vol. case plan

EPC HEARING

County Attorney Drafts petition

Presents information regarding petition, efforts, ICWA, LRA

Visitation plan

Requests for findings

Requests for evals or assessments

Wright County Attorney Petition is filed by 1:30

day of EPC

Bring courtesy copies

Drafts EPC order immediately at conclusion of hearing

Assist with notification statement required by court admin.

Disposition recsavailable.

EPC HEARING

Parent’s Attorney Attorney Cathi Gabriel

Available to meet with

parents at 2:00 prior to

appointment

Reviews Petition and

Recs with Parents

Comes up with a plan

when needed.

Represents parents at

hearing

EPC HEARING

County Agency

Appear at hearing with

county attorney

WCHSA

Meet parents at court at

1:30

Give parents the court

appointed atty App.

Video for Parents at 2:00

Recommendations for

Disposition for everyone;

THE PLAN

WE ALL HAVE THE SAME GOAL – REUNIFY FAMILIES.

Judge Kathleen Mottl, Wright County District Court

Cathleen Gabriel, Wright County Parent’s Attorney

Kari Willis, Asst Wright County Attorney