You Are Not Alone: A Guide for Parents Written by Parents Who Have Children in Foster Care

Can I tell my side?

Court Investigation

  • A Juvenile Court judge is required to appoint a court investigator to “investigate the conditions affecting the child and make a report to the court under oath” in a care and protection proceeding.

    This report is very important because it will help the judge decide the outcome of the case.

    • Why the 51A was filed and how you responded

    • What you want for your child

    • Your background

    • How you get along with the child’s other parent

    • Your ability to parent your child

    You should answer all the questions truthfully, and you have the right to refuse to answer a question.

  • The court investigator will gather information from:

    • DCF case file

    • Interviews with:
      • The parents
      • The child
      • Other professionals involved with the child
      • Family members
      • Social workers
      • Court staff
      • Your supporters—people who can tell the court about your parenting strengths or help tell your side

    They will also review:

    • Home assessment

    • Medical records

    • School records

    • Special education evaluations

    • Probate and family court records

    • Court activity record information (CARI)

  • The court investigator is required to contact your lawyer to schedule your interview. Your lawyer will be present for the interview.

    Your attorney might advise you not to meet with the court investigator. This is ok, but will be noted in the investigator’s report.

  • The court investigator will arrange an interview with your child through your child’s attorney. They will ask your child about:

    • Their understanding of why your family is involved with the court, and why they are in foster care

    • Who they are living with

    • How they are doing in school, with friends, and how they are managing this situation

  • Don’t let your guard down with your child’s lawyer. They are there to represent your child, not you. Anything you say to them will be shared with everyone on the case. You do not have to speak to your child’s lawyer. You should tell your lawyer if your child’s lawyer wants to speak to you and your lawyer should be present for the interview.

BACK TO TABLE OF CONTENTS
VIEW NEXT SECTION