At the 72-hour hearing, the court decides if the temporary custody order will continue for more than 72 hours. This and every hearing in a care and protection case is closed to the public.
If you want your child back, you need to show up for the hearing. The judge needs to see you and hear from you. Usually your child will not go to the hearing.
You will often meet your court-appointed lawyer for the first time at court when you arrive for the 72-hour hearing. Sometimes the lawyer will call you before the hearing. Your child’s lawyer will be at the hearing and should have tried to talk to your child before the hearing.
If you do not feel confident reading or speaking English, you have the right to an interpreter. Let the court, DCF, and your lawyer know as soon as you get notice of the hearing.
If you have a disability and need accommodations, you have a right to those accommodations. Let the court, DCF, and your lawyer know about those needs as soon as you get notice of the hearing.
If you cannot get to the hearing because you live far away or for another good reason, you may be able to “appear” in court by telephone or internet service. Let the court, DCF, and your lawyer know as soon as you get notice of the hearing.
At the hearing, DCF, you, and your child's lawyer all have the right to speak and present evidence. This is usually the first time you or your lawyer has the chance to learn DCF’s side of the story. This is the time for you to ask the judge to return custody of your child to you or to give temporary custody to another person, like a family member or friend.
Each side can give the court documents and question witnesses. Each side can explain:
- If your child should return home,
- If removal of your child from the home should continue, or
- If some other arrangement is best, like having your child live with a relative or friend.
The judge then has to decide if coming home would put your child in immediate danger. If the judge decides it is too dangerous, they will give temporary custody of your child:
- to another person, like a relative, or
- to DCF.
If the judge decides that your child can come home, the judge may order you to follow some rules and do some things.
The judge also must decide if DCF made “reasonable efforts” to prevent removal of your child. Even if the judge decides that DCF did not make “reasonable efforts,” the judge may still decide it is too dangerous for your child to return home. But if the judge decides that DCF did not make reasonable efforts, that may help you in other ways. The judge might order that you get more visitation with your child. Or the judge might order DCF to provide you with more or better services to help your family. You should discuss this with your lawyer.
In some cases, the judge decides that DCF was wrong to take your child. So the judge will dismiss the case and the case is over.