During and After the Hearing

What Happens at the Hearing

• The hearing will be recorded. If you want a copy, you can ask in writing.
• You or the agency can also bring your own recorder or hire a court reporter to type everything said.
• The hearing officer is in charge. They make sure everything is fair and on topic. They can limit the number of witnesses.
• The hearing can be stopped if someone is:
• Using drugs or alcohol
• Being rude or not following the rules
• The formal rules of evidence do not apply so evidence that would not be allowed in court can be used during the hearing. The test to decide if the evidence will be allowed is whether it is on topic.  
• The hearing officer will explain how the hearing works before it starts.
• You and the agency can:
• Bring witnesses
• Share up to 5 depositions
• Show documents that were subpoenaed

The hearing officer will ask every witness to promise to tell the truth.

No weapons are allowed in the hearing room. The only exception is for police officers who are doing their job.

Order of the Hearing

• The hearing officer says hello and explains who is there.
• Starting with the agency, each side can make an opening statement. An opening statement is a short speech at the beginning of a hearing where each side explains what their case is about and what they plan to prove. The agency or you can skip this if you want.
• The agency tells their side. You can ask them questions.
• You tell your side. The agency can ask you questions.
• The agency and you can make a closing statement. A closing statement is a short speech at the end of a hearing where each side sums up their main points and explains why the hearing officer should agree with them. Either side can skip this.
• The agency can choose to make a final statement about what you just said in your closing statement.

After the Hearing

• The hearing officer might keep the case open for 14 more days to get extra information.
• You’ll get a written decision by certified mail within 60 days after the Record is closed.

The agency and any lawyers will also receive a copy by mail.

What Happens Next

• The decision is sent to the Central Registry, a subsection of OASIS (On-Line Automated Services Information System), the state system that keeps track of CPS cases.
• If the decision changes the original finding, the parents and others who were told before will be told again with the new result by the local agency.
• If you don’t agree with the decision, you can appeal to circuit court. This process follows Part 2A of the Rules of the Supreme Court of Virginia. The decision will have instructions about the appeal process in a section called “Right of Review.”
• If you go to circuit court, the state will make a written copy of the hearing from the recording. If you hired a court reporter, they will do it instead.