Going to Court as a Resource Parent

Your place in court

You are there for the child. Your role is neutral, steady, and focused on the child's wellbeing.

• You have a right to be notified and to be heard. In Oregon, ODHS must give the child's current resource parent notice of court proceedings, and the resource parent has the right to be heard. (ORS 419B.875) Other states have similar rules; ask your caseworker.
• Your role is different from the parties'. The parties are the child, the birth parents, and the state. They have attorneys, file papers, and call witnesses. Resource parents take part through notice and the right to be heard, unless a court grants a larger role.
• You take part without your own attorney. That's expected. Your role is to share what you know about the child, through the right channels.

What that means in practice: you'll usually share information through the caseworker, who includes it in reports to the court. You may also be able to share with the child's attorney. If the judge invites you to speak, keep it short and about the child.

Who's in the courtroom

Who attends depends on the case and the hearing. You may see:

If you're not sure where to sit, ask the clerk or your caseworker before the hearing starts.

Kinds of hearings

A case has several kinds of hearings over months or years. Names and timelines vary by state. Ask your caseworker what each upcoming hearing is for.

Source: Oregon Judicial Department, Juvenile Dependency Hearings.

Oregon note: Citizen Review Board (CRB). In Oregon, some six-month reviews are done by a CRB, a panel of trained community volunteers, instead of a judge. Resource parents are invited to each review. CRB reviews are less formal than court and are a good place to share how the child is doing. The CRB has a guide written for you: CRB Reviews: What to Expect — A Guide for Resource Parents.

Before the hearing

Find out the date yourself. Notices can be late or go missing. In Oregon, ODHS is responsible for notifying you, so your caseworker is the best person to ask. Ask early and again closer to the date.

Sample message to your caseworker:

Hi [Name], do you know when [Child's first name]'s next court date or CRB review is? I'd like to attend. Can you also tell me what kind of hearing it is, and whether it's in person, by phone, or by video?

Share information before the hearing. Resource parents share information through the caseworker, who can include it in the agency's report. If you have contact with the child's attorney, you can send it there too, and copy the caseworker so everyone has the same facts.

Sample update to share before a hearing:

Hi [Name], ahead of the [type] hearing on [date], here's a short update on [Child's first name]:

• School: [attendance, grades, IEP progress]
• Health and therapy: [appointments kept, changes]
• Behavior and mood: [factual observations with dates]
• Visits: [how the child does before and after]
• Needs: [anything the child needs that the team should know]

I'm happy to answer questions. I've copied [caseworker / child's attorney].

Prepare yourself.

• Bring a few written notes in case the judge asks for an update.
• Plan for the hearing to start late or run long. Arrange child care and time off with extra room.
• Ask your caseworker before bringing the child. Young children usually stay home, so plan care. Older children and teens may be able to attend if they want to; their attorney or caseworker can tell you. In Oregon, ODHS is responsible for notifying the child of hearings and arranging transportation when appropriate. Hearings are often during school hours, so some teens choose to attend only the most important ones.
• If you may be called as a witness, ask the attorney who is calling you what to expect.

In the courtroom

What to expect. The judge leads. Attorneys speak in turn, and the caseworker may report. Much of the hearing may be about legal findings or the birth parents' services rather than day-to-day life with the child. That's normal.

How to carry yourself.

• Arrive early and check in with your caseworker.
• Dress as you would for an important appointment.
• Silence your phone.
• Keep a calm, neutral expression while others speak, even when it's hard. The judge notices composure.
• Address the judge as "Your Honor."
• Keep conversations with birth parents and their family friendly and about everyday things, in the courtroom and the hallway. A warm greeting is great.

When you speak. Often, the judge may invite the resource parent to give a quick update near the end of the hearing. Keep it short: two minutes or less, about the child, and factual.

Sample update to the judge:

Thank you, Your Honor. [Child's first name] is doing well overall. [He/She/They] [school update]. [Health or therapy update]. [One thing the child enjoys or a recent win]. [One current need, if any]. Thank you for the chance to share.

Keep it to the child. Focus on how the child is doing and what they need. Save responses to what others said, and any case concerns, for your caseworker after the hearing.

If you're called as a witness. Occasionally, the agency or an attorney may ask you to testify, for example about the child's behavior in your home. Answer only what's asked, stick to what you saw and heard, and it's okay to say "I don't know" or "I don't remember." Ask the attorney who called you what to expect beforehand.

Hearing hard things

For many resource parents, this is the hardest part of court. You may hear accounts that don't match what you see at home, including statements about you or your care. That's common, and the court weighs every statement alongside reports, records, and other information.

Why it happens.

• Each attorney's job is to represent their client. The birth parents' attorneys argue for what their clients want. That's how the system protects everyone's rights, including the birth parents'.
• People see different parts of the picture. Birth parents see the child at visits. You see the child every day. Both views can be sincere and still differ.
• The judge hears every side. Judges weigh what they hear against reports, records, and the caseworker's input. One statement in court is rarely the whole story.

What to do in the moment.

• Stay calm, quiet, and still. Let the attorneys and the judge handle it. If the judge asks you a question, answer just that question.
• Write down what was said, with the time, if you think it's factually wrong and matters for the child.
• Remember why you're there: the child.

What to do afterward.

• If something said affects the child's safety or care, tell your caseworker. Stick to facts and offer documentation.
• Let your caseworker raise it with the team.
• Talk it through with someone you trust: your certifier, a support group, or another resource parent. Court can be emotionally draining, and that's normal.

Sample message to your caseworker after a hearing:

Hi [Name], thanks for today. One thing came up I wanted to mention: [statement] was said about [topic]. From what I've seen at home, [factual observation with dates]. I've attached [notes/records] in case it's helpful. Let me know if there's anything else you need from me.

Delays and continuances

Cases move slowly, and individual hearings often don't go as scheduled. Knowing this ahead of time can save a lot of frustration.

• Late starts are common. Courts often hear many cases in one day.
• Hearings may be continued. If there isn't enough time, information, or someone needed isn't present, the hearing may be postponed. The law allows this for good cause.
• The next date may be weeks or months away. When a hearing resumes, parts of the case may be reviewed again. This is frustrating, but it's part of making sure everyone is heard.
• Contested hearings take longer. If a birth parent disagrees with the agency, the hearing may become a trial with witnesses, which can run over several days.

What helps:

• Ask your caseworker after each hearing: "What's the next date, and what will it be about?"
• Keep your updates current so they're ready whenever the hearing happens.
• Take care of yourself and the child. Much of the work happens between hearings, even when court moves slowly.

After the hearing

• Find out what was decided. Ask your caseworker for a short summary of the outcome and any orders.
• Write down the next date and what it's for.
• Follow up in writing on anything you need to share. Use the sample message above.
• Check in with the child. Children often sense when court is happening. Keep your words simple, calm, and age-appropriate, and ask your caseworker or the child's therapist what to say about outcomes.
• Take care of yourself. Court days are long and emotional. Lean on your support network.

Official resources

Any state

• Child Welfare Information Gateway: federal clearinghouse with state court and agency information.

Oregon

• ORS 419B.875: resource parents' notice and right to be heard.
• Juvenile Dependency Hearings, Oregon Judicial Department: hearing types and timelines.
• Citizen Review Board and its guide for resource parents.
• Oregon Foster Parent Bill of Rights (CF 1019B, 06/2024).

Related: Communication Guide for Resource Parents: how to work with caseworkers, attorneys, schools, providers, and the child's family.

This page is general information, not legal advice. Court rules vary by state and by case. For questions about your case, ask your caseworker or certifier.

Keeping your notes, appointments, and updates ready for the next hearing? ResourceCareConnect helps resource parents organize it in one place.