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In some child protective services cases; there is no question that the juvenile court must be involved, due to the immediate and grave danger to the child. The purpose of this section is to outline other appropriate times to involve court action. Sound professional judgment is crucial in making this decision, as there are positive and negative aspects of involving the court. The courts may help parents see the seriousness of the situation, and to know that their behavior must change. The family may finally get the help they need through court-ordered services. However, juvenile court involvement can only be a valuable tool if it is used judiciously. When a less confrontational, less intrusive intervention will gain the same benefits, court involvement would be premature. Court proceedings tend to be adversarial in nature, and can result in further disruption of relationships. The court may determine that there is insufficient evidence to adjudicate a child and therefore may not order the family to cooperate with DSS services. This may negatively affect the agency's ability to work with the family. Agencies must weigh potential gains against potential damage in determining the most appropriate course of action. Except for cases in which the immediate safety of the child would be compromised, a Child and Family Team should be held before any court action is taken. This is an opportunity to bring the family, along with both formal and informal supports to the table in an effort to make a plan to keep the child safe, in his or her community, without court intervention.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office.
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