PURPOSE
By presenting evidence in court the petitioner seeks:
| 1. | To convince the judge of the truth of his allegations. |
| 2. | To persuade the judge to grant his petition. |
PRACTICE STANDARDS
| 1. | The Department should be represented by legal counsel, especially if the petition is contested. If in doubt, contact Assistant Attorney General. |
| 2. | Advance preparation will help to assure a just result (see Legal Representation, subsection M). |
| 3. | Testimony will usually be limited to the direct knowledge of the witness and to statements by others heard by witness and which are not excluded by the hearsay rule. |
| a. | Hearsay evidence is admissible only if it falls within an exception to the hearsay rule. |
| b. | It is the duty of legal counsel of all parties to cross-examine witnesses to clarify alleged facts. |
| c. | Sufficiently experienced persons may qualify as expert witnesses permitted to express professional opinions. |
| 4. | Informing parents in advance of the content of testimony will: |
| a. | Reduce parents’ probable feelings of powerlessness. |
| b. | Reduce tension in the court room. |
| c. | Help to establish the continuing working relationship with the parents. |
| 5. | The worker will take care to remain objective and will: |
| a. | Stress the jeopardy to the child, based on knowledge of child development. |
| b. | Weight his testimony carefully so as to avoid words which may appear to be inflammatory or disparaging. |
