Here is How Foster and Adoptive Parents Should Prepare for Trial

This article will address foster and adoptive parents. Specifically, those who are preparing for a trial on behalf of their foster children.

Hearings or trials pertaining to child custody matters are often emotionally intense and often contentious. This probably does not come as a surprise. The parties involved usually have strong opinions, and strongly differing opinions, about what is best for the kids involved.

Rare Moments

While this probably makes sense, the particularly divisive nature of a trial is often disconcerting to the uninitiated. In my observations of the human experience, what is surprising and novel are those rare moments when resolution reigns over conflict. When remedy resolves injury. When peace placates strife. Careful preparation for giving testimony at trial is a way that loving foster parents can make clear what seems muddled, and to help bring a peaceful and safe resolution for a child at risk of living in chaos.

The Insanity

For the foster parent who has labored tirelessly to care for their abused, abandoned, and neglected foster child (often through sleepless drug withdrawal nights, countless hospital visits, and therapy appointments); who

• has offered relationship and assistance to the natural parents time and time again; who has patiently waited well over the mandatory twelve months to permanency;
• watches as new DHR worker after new DHR worker strains to get their bearings on who this child is and what is in their best interest;
• is watching a train wreck, as if in a slow motion, as a new DHR worker attempts placement with an out-of-state relative who has never met the child – for this foster parent, the constant of chaos seems larger than life.

The insanity of moving this child from their home presses on them like a relentless vise. It starts with the morning’s first blink of their eye lids and doesn’t let up until sleep overwhelms them – if sleep comes to them at all.

Intervene – Get in the Game

For the foster parent watching as the Executive Branch, DHR, seems to be allowing more chaos into a foster child’s life, intervention into the Judicial action emerges as the most likely option for protecting their foster child. A foster parent can intervene and become a party to the current case actions with the court. A foster parent can file their own petition for custody or a petition to terminate parental rights.

Getting to the day of trial is a trial all on its own. In rare circumstances, the Department may try to remove the child before the day of trial; attorneys for various sides may try delay tactics and ask for continuances; the judge may need to reschedule for personal reasons; and the Department may or may not be cooperative in preparation for trial.

Presenting Your Case

If you get to the day of trial, you will get to present your case. Presenting your case involves calling witnesses, cross examining witness, presenting evidence (such medical records, criminal records, abuse records, school records, drug test records, and family pictures). In addition, you will also get to provide testimony.

This is the turning point, the flash point, the inflection point: for the first time the person with the authority to override the Executive Branch will hear your foster child’s story from your point of view. It has been a series of miracles to get you to this point. It will most likely not happen twice.

How can you as make the most of this opportunity to protect your foster child, to present testimony and evidence to the court? Here are three tips for foster parents:

Prepare to speak clearly and concisely.

Also, you need to practice your testimony with your attorney before trial. Having an in-person mock trial is ideal. From this mock trial, your attorney should produce a written list of questions that you can take home and practice your delivery. Clarity and Brevity are the two crown jewels of persuasive speech. You need to be able to nail every answer with content, tone, and delivery. This takes preparation.

Prepare to present organized evidence.

You will have in your possession a great treasure trove of evidence: journals, calendar entries, medical appointments, recollections of visitations, recollections of what case workers told you, recollections of what natural parents told you, etc. Those things can paint a vivid picture if presented with clarity and brevity. For example, a screen shot of social media showing a natural parent using drugs when they should have been visiting, will only be useful in court if it is captured in the right way and can be authenticated in the right manner. This takes considerable preparation.

Prepare for objections and traps.

Any time someone says, “it goes without saying”, they are about to say it anyway. This is no exception. You aren’t presenting your child’s story into a neutral vacuum. Your case is being catapulted into the unique adversarial domain of the American justice system. The Rules of Evidence are the great filter of reliable information. You will have opponents that try to discredit you, call your character into question, trap you into answering questions falsely, and object to your evidence on grounds such as hearsay, lack of a foundation, and relevancy.

There is a romance in advocacy. As an officer of the court, I love it. But I love it, partly because I have gained a certain mastery of the elements. For the foster parent offering their once-in-a-lifetime testimony to save their child’s life, you need to understand the basics of this adversarial system so that you can give an apt answer at the apt time when being cross-examined on the reliability of some evidence. This takes preparation.

What About Attorneys

Your attorney should be your guide through the adversarial crucible of a trial to seek stability and safety for your foster child. Make sure you are prepared to give clear and concise testimony. Be prepared to present organized evidence. Make sure you are prepared to nimbly respond to objections and traps by opposing counsel.

What if the attorneys on the other side are as slouchy as a teenager in math class? Do I still need to prepare?

I think of that question this way. Let’s say instead of a trial, it was a boxing match with a professional boxer ranked at the bottom of the bottom tier. I’m a pretty athletic guy and I might think, “Hey, I’ve got this guy. Why should I train? I don’t need to hire a coach. I can take him.”

Without a doubt, I would be sorely surprised. Boxing is an adversarial venture as is the American justice system.

Be prepared or be sore.

If you are a foster parent seeking help preparing for trial, we would love to be that help.

Please reach out and give us a call to schedule a consultation. We look forward to hearing from you.