A preliminary protective hearing, also known as a shelter hearing, is a court proceeding in which a judge determines whether a child should be removed from their home for their own safety. In legal documents, a preliminary statement serves as an introductory section where the attorney outlines the key arguments. While not mandatory, it can be beneficial in presenting the main points of the case.
A preliminary protective hearing is a legal proceeding that occurs shortly after a child is removed from their home due to safety concerns. Its purpose is to determine whether the child should remain in protective custody or be returned to their parents or guardians. On the other hand, a preliminary statement is the initial section of a legal document, like a brief or memorandum, where the writer provides a summary of their main arguments. Although commonly used in court papers in New York and New Jersey, it is not mandatory in other jurisdictions. For instance, in a brief advocating for a client’s innocence in a criminal case, the lawyer might include a preliminary statement that outlines the crucial evidence and legal arguments to be presented in the rest of the document. This aids the reader in grasping the main points of the argument before delving into the specifics.
A Preliminary Protective Hearing is a court hearing held within 72 hours of a child being removed from their home by Child Protective Services (CPS) to determine if there is probable cause to believe that the child is in immediate danger and if the removal was necessary.
The parents or legal guardians of the child, the child if they are of a certain age, CPS representatives, and the judge presiding over the case attend a Preliminary Protective Hearing.
The judge will review the evidence presented by CPS and the parents or legal guardians and determine if there is probable cause to believe that the child is in immediate danger and if the removal was necessary. If probable cause is found, the judge will order that the child remain in protective custody until a full hearing can be held.
Yes, you have the right to bring an attorney to a Preliminary Protective Hearing.
If you cannot afford an attorney, the court will appoint one for you.
Yes, you have the right to present evidence at a Preliminary Protective Hearing.
If the judge finds no probable cause, the child will be returned to their home.
Yes, you have the right to appeal the decision made at a Preliminary Protective Hearing.
A Preliminary Protective Hearing typically lasts between 30 minutes to an hour.
The purpose of a Preliminary Protective Hearing is to ensure that the child is safe and protected from immediate danger and to determine if the removal was necessary.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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