Child Protective Services State Appeals

Before the Hearing

• A hearing officer will be assigned to your case. They will schedule a hearing within 45 days after your request, unless there are delays, such as requests for a subpoena (a legal order requiring someone to provide documents or appear in court) or scheduling issues.
• You can ask the local agency (in writing) for the papers and information they used to make their decision. The local agency must give this to you.
• The hearing officer can only use information that both you and the agency have seen.
• Some information cannot be shared, like:
• The name of the person who made the report
• Anything that could hurt a child or put someone in danger
• Information protected by law

Getting Ready for the Hearing

• You will get a letter telling you the date, time and format of the hearing.
• You are responsible for making sure that the hearing officer has your current address.
• The hearing can be by phone or video. If you or the local agency doesn’t want a phone hearing, it will be by video.
• If you need help, like a sign language interpreter or someone who speaks your language, tell the hearing officer as soon as possible.
• Children are not allowed in the hearing room, so make child care plans.
• You can ask to reschedule once if you have a good reason and ask ahead of time, unless there is an emergency.
• A prehearing conference can be held so the hearing officer can go over things beforehand, including how many people will speak at the hearing.
• Both the agency and the person appealing can ask witnesses questions before the hearing and can ask the hearing officer to make people bring documents or come to the hearing to talk.

Talking to Witnesses Before the Hearing (Depositions)

• Both you and the agency can ask up to 5 people to answer questions before the hearing. These people are called witnesses.
• During the deposition process, both sides are given a chance to learn what the witnesses know and what they may say at the hearing.
• The hearing officer will decide how many witnesses can be questioned.
• You must pay for any costs if you ask someone to be a witness this way.
• You cannot ask these people to be witnesses:
• The child involved in the case
• The child’s brothers or sisters
• Anyone who is already part of the hearing

What You Must Do:

• You must tell the witness and the other side when and where the questions will happen.
• You must also send this information to the hearing officer.
• The other side can come and ask the witness questions too.
• The hearing officer will not allow this if:
• It’s meant to bother someone
• It won’t help the case
• It repeats things already known
• If you want to use what the witness said in the hearing, you must give a summary of what they said.

Getting People or Papers to the Hearing (Subpoenas)

• A subpoena is a paper that tells someone they must come to the hearing or bring certain documents.
• You must ask for a subpoena in writing and send a copy to the other side.
• You must ask for it at least 21 days before the hearing.
• You must explain why you need each person or document and give their full address.

What Happens Next:

• The hearing officer will decide if the subpoena is okay after looking over the request and considering any objections from the other side.
• If approved, you must send a $12 check for each subpoena to the sheriff or ask to send the subpoena yourself.
• If you ask a doctor or expert to come, you must pay them.

If Someone Doesn’t Show Up:

• You can ask for a subpoena to make them come to a new meeting or the hearing.
• If someone does not follow a subpoena or if the hearing officer does not issue one, the juvenile and domestic relations district court can make sure that it is followed or look over the hearing officer’s decision.

Important:

• The hearing officer will not allow a subpoena if:
• It’s meant to bother someone
• It won’t help the case
• It repeats things already known

Subpoenas for Medical Records

• When requesting someone's medical records, you must include a copy of the Notice to the Individual. This notice tells the person that their records are being requested, as required by Virginia law. (Va. Code Ann. § 32.1-127.1:03f.)