Legal Definitions - continued-custody hearing

A continued-custody hearing (also frequently referred to as a "shelter hearing" or "detention hearing") is a formal court proceeding that takes place very soon after a child has been removed from their home by child protective services or law enforcement. The primary purpose of this hearing is for a judge to determine whether there are sufficient legal grounds to keep the child in temporary state custody, rather than immediately returning them to their parents or guardians. The court assesses whether the child faces an imminent risk of harm if they were to return home and ensures that appropriate temporary care arrangements are in place. During this hearing, the court considers evidence presented by child protective services, the parents, and often a legal representative for the child, to decide the child's immediate placement and to establish a plan for their ongoing safety and care.

• Scenario: Child protective services receives a report alleging severe neglect in a home, including claims that two young children are frequently left unsupervised, lack adequate food, and live in extremely unsanitary conditions. Upon investigation, caseworkers find the allegations to be credible and, fearing for the children's immediate safety, remove them from the home and place them in a temporary foster care placement.
  Illustration: Within a short timeframe (often 24-72 hours) after the children's removal, a continued-custody hearing would be held. A judge would review the evidence presented by child protective services regarding the neglect and unsanitary conditions. The parents would have an opportunity to present their side. The judge's role is to decide if there is enough evidence to justify keeping the children in foster care for their protection, rather than allowing them to return home, while further investigations and services are arranged.
• Scenario: A teenager calls emergency services after witnessing a violent domestic dispute between their parents, during which one parent physically assaulted the other and threatened the child. Police respond, and due to the immediate danger and the severity of the incident, child protective services determines it is unsafe for the teenager to remain in the home. The teenager is temporarily placed with a relative.
  Illustration: A continued-custody hearing would promptly follow the teenager's removal. The court would hear testimony and evidence about the domestic violence incident and the potential threat to the teenager's safety. The judge would then decide whether the teenager should remain in the temporary care of the relative (or another safe placement) and not return to the parents' home, at least until the safety issues are addressed and a more permanent plan can be developed.
• Scenario: A single parent with a serious chronic illness experiences a sudden, severe medical crisis requiring immediate hospitalization and intensive care, leaving their young child without any responsible adult supervision. Emergency services are called, and child protective services takes temporary custody of the child, placing them in an emergency shelter.
  Illustration: A continued-custody hearing would be convened quickly. In this situation, the removal is not due to abuse or neglect by the parent, but rather the parent's temporary incapacitation. The judge would assess the parent's medical condition and the lack of alternative caregivers to determine if it is necessary for the child to remain in state custody (or with a designated temporary guardian) until the parent recovers or a safe, stable long-term care plan can be established. The hearing ensures the child's immediate needs for care and supervision are met legally.