The District / Civil Court Process

If a report of sexual abuse is made against a parent or stepparent, or someone who has a lot of contact with the child, a DHR worker will talk to the non-offending parent about a plan to protect the child. For the child’s safety and the best interest of everyone involved, the alleged offender will be asked to leave the home. If the non-offending parent or unwilling to ask the offender to leave the home, the worker must find the child a safe place. If the child is giving believable details or has medical evidence of abuse and the non-offending parent does not believe the child and does not keep the offender away, the DHR worker may determine that the child is in danger of further abuse and remove the child from the parent’s custody. If this happens the following steps will be taken.

1) A hearing will occurring in civil court with 72 hours. This is not a criminal hearing. It is known as a shelter care hearing, and the parents have the right to an attorney. The court will give the child an attorney known as the ‘guardian ad litem’ (GAL). DHR will also have an attorney there. The judge will one of the following decisions:

     a.  Leave the child in DHR custody
     b.  Return the child to the parent
     c.  Place the child with a relative
     d.  Make some other decision, depending on the situation.

2) If the child stays in DHR custody or with a relative, DHR will work with the non-offending parent to try to make the home safe for the child to be returned. The issue of keeping the offender away from the child has to be settled. DHR will also provide supportive services to help the non-offending parent protect the child.

3) A temporary legal custody hearing will be help, usually within three months. The judge will hear the facts again and make a decision on where the child will live.

4) If the child still can not be returned home, DHR will continue to work with the family to try to find a safe way for the child to go return home. As long as the child stays in DHR custody, the judge will review the case every three months. This will continue until the judge decides to return the child home or terminate parental rights.