4.4.2 Preparation of Participants in Court Hearings
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4.4.2 Preparation of Participants in Court Hearings

(Revision. 9/1/13)

Policy and Procedure:

  1. The PSS may be asked by the Assistant Attorney General (AAG) to assist in preparing the child or witnesses for court.

  2. Preparing the Child: If the child will be appearing or testifying in court, the PSS will help the AAG prepare the child by:

    1. introducing the child to the AAG;

    2. showing the child the courtroom before the hearing, if requested;

    3. assisting the child in planning how to deal with expected feelings;

    4. working through feelings with the child, or ensuring that the child's counselor does.

    5. The guardian ad litem and CASA may also be of assistance in preparing the child.

  3. Preparing Witnesses:

    1. Persons having first-hand knowledge of the facts alleged in the petition may be required to appear as witnesses in the court proceedings.

    2. The AAG usually decides who the witnesses will be and prepares a witness list for the court. The AAG may ask the PSS to assist in determining which witnesses should be called to testify.

    3. The AAG may ask the PSS to notify the witnesses to expect a subpoena, advise them of the reason for the court proceeding, and help schedule a meeting with the AAG.

    4. The AAG may ask the PSS to assist the witnesses by explaining what is expected of them in the court process and emphasizing the importance of their testimony.

  4. PSS Preparation:

    1. The PSS will:

      1. Review the file in preparation for the hearing and bring the file to court.

      2. When testimony is necessary, be prepared to testify as to all facts of the case that support the allegations in the petition, ensuring that all reports of contact are reviewed and considered. Preparing a chronology of the contacts and events in the case may be of substantial assistance.

      3. Ensure that up-to-date discovery has been provided to the AAG.

      4. Dress appropriately for court as defined by local standards.

    2. The AAG may offer the PSS as an Expert Witness. If the court qualifies the PSS as an expert, the PSS may offer professional opinions in addition to factual testimony. In preparation for testimony as an expert, the PSS must be prepared to explain the education and experience upon which that expertise is based.