Parental Rights In Child Hearings

Ask Your Question For Free

Summary

Parents in Georgia have the right to an attorney in child protective proceedings, including sua sponte hearings. If they cant afford one, the court will appoint one. They must be informed of investigations against them and can challenge the validity of investigations if not notified. Appeals can be made for legal errors or new evidence. Child protective investigations are civil but can lead to criminal charges. Parents can access medical records unless restricted by the court. Misstatements by judges can be appealed, and motions for reconsideration can be filed.

Full Conversation

are parents eligible to recieve an attorney during heaings held to determine if a child should be removed from the home are parents eligible to recieve an attorney during heaings held to determine if a child should be removed from the home are parents eligible to recieve an attorney during heaings held to determine if a child should be removed from the home Are parents eligible to receive an attorney during hearings held to determine if a child should be removed from the home due to possible medical abuse
Yes, in Georgia, parents have the right to an attorney in child protective proceedings. If they can't afford one, the court will appoint one. This includes hearings to determine child removal due to alleged medical abuse.
what if the hearing is a sua sponte hearing ordered by a juvenile court judge with demands for a dfcs and child abuse expert investigation
In Georgia, a "sua sponte" hearing is one initiated by the judge without a formal request from the parties involved. Even in this case:
- Parents retain their right to legal representation.
- If unable to afford an attorney, one will be appointed by the court.
- The Department of Family and Child Services (DFCS) and child abuse expert investigations are often involved in such cases.
does a parent have a right to be informed that the invesigation is against him or her
Yes, in Georgia:
- Parents have the right to be informed if an investigation is being conducted against them.
- They must be notified about the allegations against them.
- This is essential to ensure fair proceedings and their right to defend themselves.
what can legally be done if a parent is not notified prior to the end of the investigation
In Georgia, if a parent is not notified prior to the end of an investigation:
- They may challenge the validity of the investigation.
- Legal action could be taken for violation of due process.
- They could file a complaint with the Department of Family and Child Services.
what can be done on appeal
In Georgia, on appeal, the following can be done:
- Parents can challenge the lower court's findings and decisions.
- New evidence could be presented if it was not available during the original proceedings.
- Legal errors made during the original proceedings can be pointed out to the appellate court.
what if the parent who was not informed that the investigation was against them is also a disabled parent with communications disabilities known to court but not disclosed to the abuse expert or to dfcs prior to the investigation
In Georgia, if a disabled parent with communication difficulties was not informed about an investigation:
- They could file a complaint with the Department of Family and Child Services and the court.
- They may challenge the validity of the investigation due to violation of the Americans with Disabilities Act (ADA).
- Legal action may be taken for violation of due process.
are there any successful appeal cases related to this
In Georgia, specifics of successful appeal cases are not readily available due to confidentiality. However, it's known that successful appeals have occurred in instances of due process violations or when new, compelling evidence is presented.
is this type of investigation considered to be of criminal nature even though it is occuring during a civil custody matter
In Georgia, child protective investigations are typically civil in nature. However, if allegations of criminal conduct (like severe abuse) emerge during the investigation, it could potentially lead to criminal charges. Each case is unique and depends on the specific circumstances.
if the court has alleged medical child abuse to the abuse investigator as a basis for their investigation against the parent, is that considered civil or criminal
In Georgia, allegations of medical child abuse initiated by the court as part of an investigation are generally civil in nature. However, depending on the severity and nature of the alleged abuse, it could potentially lead to criminal charges.
Are parents able to review the same medical records the court has reviewed on camera inspection that the court has provided to the child abuse expert for review
In Georgia:
- Parents generally have the right to access their child's medical records.
- However, if the court has restricted this access due to ongoing investigations, they may not be able to review them.
- This depends on the specific circumstances of the case.
are parents able to review the records prior to a final hearing and testimony from the abuse expert regarding the final abuse report
In Georgia:
- Parents usually have the right to review records related to their case before a final hearing.
- However, this can be subject to limitations or restrictions based on specific circumstances.
- It is best to consult with your attorney on this matter.
can a child abuse expert diagnosis vulnerable child syndrome based on review of medical records without providing a basis for that diagnosis or where supporting evidence can be found within the medical records
In Georgia:
- A child abuse expert can make a diagnosis based on medical records.
- However, they are expected to provide a basis for their diagnosis.
- If they do not provide evidence supporting their findings, this could be challenged in court.
if the parent is cleared of the allegations as a result of the investigation but the Judge still mistates the findings in the report that cleared the parent on the final order what can be done
In Georgia, if a judge misstates findings in the final order:
- The parent can file an appeal to challenge the decision.
- The parent could request a rehearing or reconsideration.
- Legal action may be taken if it can be shown the judge made an error.
if a judge was reassigned the case while the abuse report was pending but failed to familiarize himself with the history of the case leading to the abuse investigation prior to issuing a final order on the matter what can be done
In Georgia, if a judge does not familiarize themselves with a case:
- The decision can be appealed if it resulted in an unfair outcome.
- A motion for reconsideration can be filed.
- Legal counsel should be consulted to decide the best course of action.
can a motion for reconsideration be appealed in ga
In Georgia:
- A motion for reconsideration itself cannot be appealed.
- However, you can appeal a final decision or judgment of a court after a motion for reconsideration has been denied.
- Consult with your attorney for the best course of action.
thank you
You're welcome! If you have any other questions in the future, don't hesitate to ask. We're here to help.