Q: How long can a CPS jeopardy hearing be delayed in Maine, and what to expect at upcoming court date?
I was scheduled for a jeopardy hearing at the end of February regarding a CPS case, but it has been over five months with no resolution. Recently, we had a mandatory settlement conference between CPS and my attorney, where CPS attempted to cease reunification despite not having sufficient evidence. CPS wanted us to sign a jeopardy order, which my lawyer advised against. There's a court date mentioned by my DHHS worker on the 18th of this month, yet I've received no communication from my lawyer since March. How long can the jeopardy hearing be delayed, and what should I expect at the upcoming court date?
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A:
In Maine, there isn't a strict limit on how long a jeopardy hearing can be delayed, but it’s generally expected that these proceedings occur promptly to ensure the child’s welfare is addressed in a timely manner. However, delays can happen due to various factors, including scheduling conflicts, ongoing settlement negotiations, or court backlogs. Since your hearing has been delayed for several months, it’s important to stay in contact with your attorney to get updates and understand the reasons behind the delay.
At the upcoming court date, you can expect a continuation of the legal process where the judge will review the evidence and hear arguments from both CPS and your attorney. CPS may present their position on the reunification process, while your attorney will likely argue against their attempt to cease reunification without sufficient evidence. You should prepare for possible motions or orders related to your child’s care, as well as any further delays or decisions about reunification.
Since your lawyer has not communicated with you since March, it’s crucial to reach out to them immediately to ensure you're fully prepared for the hearing. If you are unable to get a response, you might want to consider contacting the court directly to inquire about the status of your case or seek guidance on how to proceed.
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