Juvenile Court Foster Care Eligibility Toolkit: Dispositional Hearing

A Dispositional Hearing is held following the jurisdictional finding that the child is described by WIC 300, 601 or 602 (WIC 358, 702). The hearing can occur the same day as the Jurisdictional Hearing.

1. At the hearing, the court must determine what should happen to the child. Should they be made a dependent/ward and placed into foster care?
2. Should they be sent home with services ordered?

Dependency Case

“Disposition is the part of the Dependency case where the judge will decide what should be done to make things better for the family and child. This is called the reunification plan. It will include:

• Decisions about where the child should live (this is called placement).
• Should the child live with the parent or with someone else?
• Decisions about when, where, and how the parent can visit with their child.
• Decisions about what reunification services the parent needs to make the child safe and able to return home.
• Decisions about what services the child needs to be safe and healthy.”⁷

Delinquency Case

The judge determines the consequence to be imposed upon the juvenile at a Dispositional Hearing. The court will review a social study provided by the probation officer and any other relevant and material evidence presented to the court in determining the disposition of the case.

The minor can be:

• Not adjudicated a ward of the court and placed on probation at home, for up to six months, with the supervision of the probation officer;
• Adjudicated a ward of the court and placed on probation at home, with or without the supervision of a probation officer;
• Adjudicated a ward of the court and placed on probation at a licensed community care facility, at an approved foster care setting (e.g., relative/kinship home, foster home, (foster family agency) FFA, group home, or at a short-term residential therapeutic program (STRTP) with the supervision of a probation officer; or
• Adjudicated a ward of the court and committed to a juvenile ranch, camp, or forestry camp.

Formal probation is a disposition placing the minor under the supervision of the court on probation (in most cases) in the community. The Juvenile Court judge sets the terms of the minor’s probation that can last up to age 21, and usually includes requirements such as school
attendance, participation in a service program (e.g., substance abuse treatment, anger management, and family counseling), and regular meetings with a probation officer.”⁸

⁷ Guide to Dependency Court https://www.ylc.org/wp-content/uploads/2019/06/Fact-Sheet_-Juvenile-Justice-System-Overview-Final-August-2021.pdf.
⁸Ibid, 2.
 

Timelines

If the child has been detained, the court may continue the Dispositional Hearing for no more than 10 judicial days after jurisdictional findings are made, unless the Agency recommendation is for nonreunification for a parent. In that case, the hearing must be continued for a period not to exceed 30 days.

Notices

All parties must be notified.

In a Dependency proceeding, the court can:

• Set aside the jurisdictional findings and dismiss the petition when the interests of justice and the child so require.
• Without adjudicating the child a dependent, place the child with the parent and order the Agency to provide informal supervision for a period of 6 to 12 months.
• The court may order that the child be released to the noncustodial parent.
• Place the child under the care and custody of the Agency.
• When it is determined that a child’s safety requires removal from the custodial parent, placement options include the home of a previously noncustodial parent, or a licensed or approved resource family.

If the court did not previously make the placement and care and/or reasonable efforts finding(s), they may be found in this court order.

If order is made, payment may begin as of this date provided all other eligibility criteria are met and this hearing takes place no later than 60 days from the date of removal.

Download and review samples.

Sample Dispositional Court Order