Intervention in a CPS Case by Foster Parents and Relatives

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Intervention in a DCS Case by Relatives and Foster Parents

 

What does it mean to be a party to a case?

Just because you are involved in a case doesn’t mean you are a party to the case. Being a party to the case provides you with additional rights and privileges such as:

Having the ability to file pleadings;
Receiving copies of disclosure;
Being able to be heard by the Judge;
Being able to participate in all hearings and meetings and sitting up front with the other parties.

 

How to intervene in a DCS case?

Inform the Judge that you will be filing a Motion to Intervene on the case. Provide a copy of the Motion to all parties in the case. The Judge will look into the following factors to determine whether intervention is appropriate.

Nature and extent of the intervener’s interest;
His/her standing to raise relevant legal issues;
Legal position s/he seeks to advance and its relation to the merits of the case;
Whether intervenors’ interest are adequately represented by other parties;
Whether intervention will prolong or unduly delay the litigation; and
Whether parties seeking intervention will significantly contribute to the factual issues in the case. 

The other parties to the case have the right to object to your motion. This does not automatically invalidate the Motion but the Judge will take the party’s objections into consideration. This is not an easy process. You should contact an attorney to assist with this matter. 

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(Not Case Sensitive)

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