Specialty Permanency Practice Exam

What happens if the probable cause is not established during Temporary custody/Shelter care hearings?

1. Child remains in custody

2. Child returns home immediately

3. Further hearings are scheduled

4. Social services take over

The correct answer is: Child returns home immediately

When probable cause is not established during a Temporary Custody or Shelter Care hearing, the correct outcome is that the child returns home immediately. This is grounded in the principle that due process requires a clear rationale for removing a child from their home. If the state cannot demonstrate that there is sufficient cause to justify the child's continued separation from their guardians, it is determined that the child's best interest is to remain with their family. The process is designed to balance the need for protecting the child with the rights of the parents or guardians. Failure to establish probable cause means that the court has not found adequate arguments or evidence suggesting that remaining in the home would pose a risk to the child's safety or well-being. Therefore, immediate return is a fundamental safeguard against unwarranted removal. In this context, the other outcomes imply a scenario where the state still holds the authority to control the child’s placement, which contradicts the premise of needing probable cause. If the child were to remain in custody without sufficient evidence or if further hearings were scheduled, it would not align with the protective measures intended to ensure fair treatment from the outset.