Hearing by court

• Legislation should provide that a parent, parents or guardian may request a hearing on the emergency order for protection to determine whether the child shall continue to reside at a shelter, refuge, or foster home. 
• Legislation should provide that the hearing shall occur within 3 days of the removal of a child to a shelter, refuge, or foster home.
• Legislation should provide that hearings by the court on an emergency order for protection shall be without a jury and may be conducted in an informal manner. In all court proceedings involving a child alleged to be in need of protection, the court shall admit only evidence that would be admissible in a civil trial.
• Legislation should provide that allegations of a petition alleging a child to be in need of protection must be proved at trial by clear and convincing evidence.

Right to participate in proceedings

Legislation should provide that a child who is the subject of an emergency order for protection hearing, and the parents, guardian, or legal custodian of the child, have the right to participate in all proceedings on an emergency order for protection hearing.

Testimony of child

• Legislation should provide that in the hearing for the order for protection, the court may, on its own motion or the motion of any party, take the testimony of a child witness informally when it is in the child's best interests to do so.

• Legislation should provide that informal procedures that may be used by the court include taking the testimony of a child witness outside the courtroom.

• Legislation should provide that the court may also require counsel for any party to the proceeding to submit questions to the court before the child's testimony is taken, and to submit additional questions to the court for the witness after questioning has been completed.

• Legislation should provide that the court may excuse the presence of the child's parent, guardian, or custodian from the room where the child is questioned.