Judicial Inquiry

High quality hearings may include active inquiry from the bench to ensure all relevant and necessary topics are covered in a hearing so that judges can make the most informed decision.

Judges have a significant oversight role in child welfare cases. They are both responsible for protecting the rights of parties and making key decisions at each hearing to ensure that children are safe and can find a permanent home as quickly as possible. Judges should ask relevant questions of parties and professionals in a case to ensure that they have the most up to date and accurate information to make informed decisions on the case.

Depth and Breadth of Discussion of Key Topics

Each hearing in a child abuse and neglect case should include a sufficient amount of information so that judges can make informed decisions on the case.

Each hearing has a specific focus, requiring certain decisions that a judge has to make. For example, at the initial hearing, if the child has been removed from the home, the judge has to decide if removal was in the best interest of the child and where the child should be placed. The judge must have enough information to make these decisions. Therefore, there should be sufficient discussion of all relevant topics so that informed decisions can be made.

Depth of discussion refers to how much one item or topic is discussed. For example, a topic may include just a statement (e.g., the child is placed with the grandmother) or may include multiple statements from different parties (e.g., a robust discussion of placement, including where the child is placed, how they are doing in placement, what the grandmother needs for supports).

Breadth of discussion refers to the range of different topics that are discussed at a hearing. For example, a hearing might just focus on safety of the child or discussion might include safety, permanency timelines, placement, visitation and child well-being topics.

Some topics are universal and may be discussed at every hearing across the life of the case. Examples of these discussion items include:

• Placement of the child (where the child is placed, how they are doing in placement, what they need to be successful in placement)
• Visitation (what is the current visitation plan, how visitation is going, should it be increased, should it be supervised and why)
• Child well-being (how is the child doing physically and emotionally, how is the child doing at school, what supports are needed)
• Safety (what is the current safety threat to the child, what is preventing the child from returning home today)

Other key topics might depend largely on the hearing and its specific focus. The following are examples of topics that might be hearing specific.

Multiple studies have explored the relationship between breadth of discussion and case processing and outcomes. Studies have consistently found that increased breadth of discussion, particularly at early hearings on the case, is related to outcomes such as improved time to permanency or increased rates of reunification.⁸ A study exploring breadth of discussion at permanency hearings also found an association between breadth of discussion and improved time to adoption.⁹