Rule 28 Reasonable Efforts and Contrary to the Welfare Findings in Juvenile Cases

When a child welfare or delinquency case goes to circuit court, the judge has to make specific findings about the child's situation. The judge must decide whether the state made "reasonable efforts" to keep the family together or fix problems before removing the child. The judge must also decide whether staying in the home would be "contrary to the welfare" of the child, meaning it would be unsafe or harmful.

This rule gives anyone involved in the case the right to challenge these findings early on. If a parent, the state, or another party disagrees with what the judge decided (or if the judge refused to make one of these findings at all), they can raise that objection at the start of the case. This applies no matter which court first handled the matter, whether it was a magistrate court, a juvenile referee, or the circuit court itself.

These findings matter because they affect federal funding tied to Title IV-E of the Social Security Act. Getting them right, and having a fair chance to contest them, protects both the child's interests and the family's legal rights as the case moves forward.