Time frame for the initial dispositional hearing:

• Within 30 days of adjudication
• Can be held immediately after adjudication
• Typically held on the same day
Copies of the letters are available in XTRAC.

Purpose of the hearing:

To make recommendations about the disposition they believe to be in the child’s best interests.

Evidence at the Dispositional Hearing

• All parties have the opportunity to present evidence
• Who has the burden at the hearing?
  • No party has the burden at this phase.
• Typical presentation of evidence
  • Order of Presentation of Evidence:
       § DSS, then GAL, then Respondents
  • Court summaries: Typically includes a history section, recommendations for services for Respondents and the children, and updates regarding the children’s welfare and services completed by the respondents.
  • DSS and GAL often submit court summaries at the initial disposition hearing and at each subsequent review hearings.
  • Parent attorneys are encouraged to submit court summary regarding the progress their client has made.

Dispositional Alternatives

• The trial court has several dispositional options at the initial disposition hearing. The trial court can:
• Dismiss the juvenile petition.
• Continue the disposition hearing in order to allow the parent, guardian, custodian, caretaker or others to take appropriate action and obtain necessary services (eg: paternity and psychological testing).
• Require that the juvenile be supervised in the juvenile’s own home by DSS or someone identified by the agency with conditions in place regarding the parent, guardian, custodian, or caretaker as the court may specify.
• Place the child in the custody of a parent, relative, private agency offering placement services, or some other suitable person. If the court chooses this option it must first determine that an individual other than a parent understands the legal significance of the placement and the person has the financial means to care for the child.
• Appoint a guardian of the person for the juvenile as provided in G.S. 7B-600.
• Place the juvenile in DSS’ custody.
• With the exception of dismissing the petition, these alternatives are available to the court at every review hearing.

Visitation

• Visitation must be addressed at each hearing.
• If the child is placed outside of the home, the court must provide for appropriate visitation between the parent(s) and juvenile.
• The Court shall consider the following factors in determining court-ordered visitation:
  
  
  • Is visitation is in the child’s best interest?
  • Visitation between the juvenile and parents, siblings, relatives, nonrelative kin, and others as may be in the juvenile’s best interests.
  • Types of visitation: in-person, virtual, phone calls, letters, etc.
  • Conditions under which visitation may be suspended
  • Does visitation have to be supervised? If so, by whom?
  • The frequency and length of each visit
  • Whether supervision is required
  • Conditions before unsupervised visits is awarded

  The court must include visitation provisions in each of its written orders. The order should include:

  • Frequency and duration
  • Level of supervision
  • Person authorized to supervise, if supervision is necessary
  • Type of visitation

  Note: The trial court can suspend visitation. If the trial court does so, it must make a specific finding of fact that visitation is not in the juvenile’s best interest. DSS can suspend visits for up to 30 days, but must file a motion with the court if the agency wishes to continue the suspension of visits. Practice tips: It is encouraged that counsel for the parties engage in robust motions pleading.