Mediation in Child Protection Cases

A petition filed with the child protection court alleges that Mary, a 5-year-old child, needs the court’s protection. Mary’s mother is addicted to methamphetamine, which prevents her from adequately caring for her daughter: she has been unable to protect Mary from witnessing the ongoing domestic violence that the father has inflicted on her; she refuses to leave the father’s home despite offers of assistance; and the home is so dirty that it is unsafe for the child to live there. Both mother and father appear in court and deny the allegations. The court appoints each parent an attorney and appoints Mary an attorney who will also serve as her guardian ad litem. At the first hearing, the court places Mary in the temporary care of her maternal grandparents. At the next hearing the parents request a trial regarding the truth of the allegations made by the social worker in the petition. The court refers the parties and attorneys to mediation. The parents, the maternal grandparents, the social worker, and the attorneys all participate in the mediation session. A domestic violence victim advocate accompanies the mother. After the mediation session, the parties return to court and some changes are made to the petition. Thereafter, the parties admit to the court that the allegations in the petition are true, thus resolving the jurisdictional issues. They also agree with the dispositional recommendations and the case plan for each parent that was developed in the course of the mediation process. The court declares the child to be under the protection of the juvenile court, and each parent is ordered to receive family reunification services. Mary is placed with her grandparents. The court sets a review date in the future to monitor Mary’s well-being and the progress made by her parents in addressing their separate case plans. The mother’s case plan states that she will live separately from the father and will enter a substance abuse treatment program. The father’s case plan states that he will participate in a domestic violence intervention program. The court further orders that both Mary and the mother participate in individual counseling.