These are the hearings in their steps!
1- Emergency Removal"
2-Emergency (Probable cause) Hearing
3- Adjudication Hearing" (Trail)
Rule 6-10. Trial counsel's duties with regard to dependency-neglect appeals.
(a) Trial counsel shall explain to his/her client all rights regarding any possible appeal, including deadlines, the merits, and likelihood of success of an appeal.
(b) If appellant is indigent, trial counsel shall file a motion seeking an indigency determination for purpose of appeal with the Circuit Court and ensure that appellant has signed the notice of appeal pursuant to Rule 6-9.
(c) Trial counsel who represent indigent parents and custodians shall serve the Arkansas Public
Defender Commission by electronic submission or other method of delivery a file-marked copy of the notice of appeal and the order or orders that are being appealed within three (3) business days of filing the notice of appeal with the Circuit Clerk.
(1) Trial counsel shall timely respond to all reasonable requests for information to the Arkansas Public Defender Commission for purpose of appeal. Trial counsel for indigent parents or custodians shall not be relieved as counsel for the purpose of appeal until the Public Defender Commission timely receives the properly filed notice of appeal, questionnaire, and the order(s) appealed.
(2) The Arkansas Public Defender Commission shall send confirmation of receipt to trial counsel. This confirmation shall operate to relieve trial counsel of representation of the client for the limited purpose of appeal, and no motion to be relieved will need to be filed with the appellate court.
(d) The Circuit Court shall retain jurisdiction of the dependency-neglect case and conduct further hearings as necessary. Trial counsel, whether retained or court-appointed, shall continue to represent his/her client in a dependency-neglect case in the Circuit Court throughout any appeal to the Arkansas Supreme Court or Arkansas Court of Appeals, unless permitted by the trial court to withdraw in the interest of justice or for other sufficient cause.
(e) After the notice of appeal is filed with the Circuit Court, the appellate court shall have exclusive jurisdiction to relieve counsel for the purpose of appeal, except as provided in subsection (c). All substitute counsel shall file an entry of appearance with the Clerk of the Supreme Court.
History. Adopted May 18, 2006, effective July 1, 2006; amended September 25, 2008.
Steps to consider and actions to take (in my oppinion)
1- Emergency Removal"
From the first day that dcfs does an emergency pick up from your home, get a blank petition from an attorneys office or online. File a petition (Demanding a jury) for the Adjudication Hearing" (Trail). You only have 14-days from when you are served papers to appear in court to do this petition. Read what they are accusing you of, then go to this link- http://nij.gov/topics/crime/child-abuse/welcome.htm and read. if it is any form of Child Abuse and Maltreatment then it is a criminal matter, not a civil matter according to the law-books, there forth you have the legal right to a jury. Or they must drop the Child Abuse and Maltreatment and apply something else which pertains to a civil matter.
If the court refuse,s you the right of a jury then file a motion for mistrial.
2-Emergency (Probable cause) Hearing,
First off, tell your attorney to put you on the stand and ask you, (Under Oath) did you commit the allegation that the report states you did,
(refute the charge) right then, other wise it is taken as truth/fact and considered evidence, and you only have 30-days to do this, then it is also considered truth/fact, evidence in the court.
Next, tell your attorney to petition DCFS. The petition should be a,
(file a Writ of Habeus Corpus) or (file a Writ of Mandamus)
meaning that you are petitioning DCFS , "ordering" DCFS to
(produce legal-Evidence) to substantiate the allegation or close your case after you have exhausted levels of state courts!
Very important fact as well! (Do not ask your attorney) to do these things, tell them or fire them in court, right then! if they refuse. you have that right for one and they can not continue your Hearings unless you have
(legal-representation) The Legal-Aid attorneys lack a great deal of experience and knowledge of law to represent you properly as we found out in our own experience.
As a last resort to ware you down (emotionally) and (mentally) so that you will walk away and drop the fight, they will grant you an appeal in a (State applets-Court) and then the next step is re-hearing in a (state Supreme Court) which is still on the (State level)
You can not win on that level of law, You must take your case to a
(Federal Applets Court) (Federal Supreme Court) which will open many doors for you to win along with law-suits against any party involved in your case. And secondary, if you win the law-suit, they must pay! or you have the privilege of forcing that person to sale what ever they own in order to pay the court order suit.
(This includes, Land, House, Businesses)
Order this course and learn and fight back (Jurisdictionary)