Ex-Parte Petitions
January 5, 2006Debi has requested that I explain what happens with an ex-parte petition. First, “ex-parte” means “without parent”. In terms of DCYF, it means that the Division feels that a child is in “imminent danger.” The easiest way to explain imminent danger is to provide you with some examples. If a family is living in a tent, and the weather forecast predicts temperatures below zero that evening, that child is in imminent danger. If a child discloses that a family member is having sex with her on a regular basis, and her family does not believe her, that child is in imminent danger. If a child arrives at the hospital with multiple broken bones and discloses that a parent beat them, that child is in imminent danger. I would also like to stress that in any “imminent danger” situation, our first attempt is to find a safe place for the child to stay – either with a non-offending parent, or with a relative. If the family is unable, or unwilling to make arrangements to keep their child or children safe, that is when DCYF asks that the Court step in on an emergency basis. In that situation, the Division would ask the Court to sign their ex-parte petition without a hearing. If the Judge agrees, then DCYF does place children into foster care immediately. Protocol requires that a hearing be held with 24 hours of this petition being files. I have seen some courts interpret this as 24 business hours, so if the petition is filed on a Friday, the hearing would be held on Monday. I have seen some courts interpret it as 24 regular hours, so if the petition is filed on a Friday, the hearing would be held on Saturday.
Ex-Parte petitions are only used when DCYF fears that a child has been harmed, or might be harmed that day. Different offices use ex-parte petitions at different amounts. I can tell you that in my office, we make every attempt to safety plan with the family, to provide them with as many options as we can think of before filing ex-parte petitions. These decisions are never made lightly. We are always aware that even if the situation is unsafe, removing children from a home can be almost as difficult as remaining in the unsafe situation. We never remove children unless we are truly worried for their safety. Even then, it is not DCYF’s decision. As with everything else, a judge must make the decision. All DCYF can do is present to the court the reasons for their concerns, and trust that the court will make the appropriate decision.
