On occasion, some Child Welfare clients face criminal charges that involve allegations of harming the children of the relationship. These charges could include sexual interference, assault or failure to provide the necessaries of life, among others.
If the client is maintaining their innocence and intending to plead not guilty, they would be proceeding to a criminal trial. You may also be setting a trial for a Temporary Guardianship or Permanent Guardianship matter. Sometimes, due to trial availability, you may be running your child welfare trial in advance of the criminal proceedings.
It may be in the client’s best interests for you to get their consent to speak with their criminal counsel. In order for a child welfare client to successfully oppose a Temporary Guardianship Order or a Permanent Guardianship Order, they will most likely have to provide testimony at trial.
If they have been charged with a crime involving the children, they will likely be asked at the child welfare trial about the allegations, in direct or cross-examination, and they are also likely to be put in the position to offer a different version of events. Whereas in criminal matters the client is not always required to testify in their own defence, their testimony in the child welfare trial could theoretically be used in the criminal matter.
Criminal counsel may appreciate an opportunity to discuss the implications of testimony at the child welfare trial with their client and turn the client’s attention to the practical realities and dangers of testifying. Their counsel may recommend not testifying to avoid the risk of increasing chances of conviction.