Preparing Children for Court, page 4

Part 1: Learn the Procedures

More of this Feature

•Part 1: Learn the Procedures
•Part 2: Learn the Players
•Part 3: In Advance
•Part 4: To Do/Not To Do

•CHAPTER I

by Emil Baldwin, Jr., LSW
© 2001 Reprinted with permission

Before you can prepare a child for court, you must first prepare yourself. Be prepared to answer your child's questions.

Learn the Procedures

Criminal cases
Criminal cases are designed to punish someone for wrongdoing.

Preliminary Hearing: held to determine if there some reasonable basis for bringing the charges.
Bond or Bail: a promise to appear for trial and to abide by the rules of the Court, might be posted by the accused.
Indictment: a formal charge.
Suppression Hearing: there is no jury present. The Judge decides if some evidence should be allowed in the case or not.
Sequestration: only one witness in the courtroom at a time, but remember that the defendant is always allowed in the courtroom.
Verdict and post-trial motions: a case does not end with a verdict of guilty. There will be a hearing for sentencing and other motions. Post-trial motions can take many forms and last for months, even years.

Civil neglect case
A civil neglect case is designed to remedy a problem.

Preliminary Hearing: evidence is presented to justify removing the child from their home.
In Camera or In Chambers: meeting with the judge out of the presence of the jury and maybe out of the courtroom.
Improvement Period: puts the evidence on hold, while someone tries to fix the problem without deciding guilt or innocence.
Adjudication: similar to a verdict. A decision by the judge about whether the charges have been proven and what needs to be done about them. Termination of parental rights is one of the options that can be applied here.

Next page > Learn the Players > Page 1, 2, 3, 4

[Emil Baldwin, Jr. is a retired social worker in West Virginia. He was a foster care/adoption homefinder for 19 years. His articles and fictional stories about the subject have been published on the web, in print, and used as training material. He has a Web site at http://go.to/emilville and publishes a humorous email newsletter on a weekly basis.]

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