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.
Just a quick comment. “Ex parte” means “without the other party,” not “without the parent.” I understand that ex parte proceedings are sometimes necessary, but I do think they’re over used. It’s hard to get a handle on how often they really ARE used, because DCYF keeps giving the legislature the figure that they’re used in less than 3% or something of the cases.
I believe the figure they give the legislature doesn’t mean “of the percentage of court cases filed,” but of all the referrals to DCYF.” Since 80% of those or so are unfounded, 3% would be 3/20th, not 3/100. If DCYF counts the number of cases that are “founded,” but where a a court petiton is not filed, it would be an even higher percentage of court filings. I can’t prove this, but the cases I get would tend to show it’s a much higher percentage of court cases filed.
After I had requested help from DCYF because I could not manage a homicidal child and my other children who lived in fear of being killed, I was told that the “ex parte” proceeding was a “formality” so that monies could be released to “help” our family.
I will never ask for help from any government agency again…. and I believe that my children would rather live in a tent in sub-zero weather than to have DCYF invade their lives….
After filing an ex parte petition my grandson was put involuntarily in psych ward at Tampa General. The hearing was not held for over a week and half after being filed. At the hearing the Judge gave him a choice of halfway house or ACTS assessment. Of course he took the assessment. Judge ordered an assessment after the hospital had already done same! Assessment was to take 3-5 days. Lo and behold afteR ONE DAY AT ACTS we are told he has to be released and the next hearing would be in another week and a half! He’ll be long gone before then….where we won’t know. This is the kind of help the Hills County gives to bi polar patients. He was committed after weilding a knife and threatening his family members and himself with bodily harm.
The process needs to be improved dramatically. Hills County needs facilities in a bad way. After all of our efforts were made, we have not found any help! Forget ex parte petitions.