The CMC serves as the vehicle by which current assessments of each party’s position can be provided regarding the OTC or order to appear and the parties can engage in discussions aimed at reaching agreement on the presenting issues. 

The following are items to be addressed at the CMC: 

·          review of the case file to ascertain that all necessary parties have received notice

·          confirmation that financial affidavits are completed by the parents and all parties are represented, or that they have waived the right to counsel

·          determination of whether all necessary parties are present

·          review any other motions that have been filed prior to the motion for OTC or preliminary hearing

·          discussion regarding witnesses who might be called to testify or documents which might be entered into evidence

·          clarification of needs for court-ordered testing, such as psychological, psychiatric, competency, paternity (if necessary, the court may hear oral motions on these topics at the ten-day hearing following the CMC.)

·          identification of areas of mutual concern and interest, which includes children’s placement, visitation, educational and medical issues, necessary and appropriate services for child(ren) and parents/guardians

·          mediation among the parties and attorneys to develop areas of mutual agreement and reduce the areas of dispute to a more manageable level, and

Counsel for child(ren) and parents are expected to have consulted with their clients prior to the start of the CMC and to have ascertained their positions regarding the legal issues.  If the parents have not retained an attorney by the time of the preliminary hearing, stand-by counsel is available at the court to accept appointments. 

The child’s attorney must be prepared to take a position regarding the OTC or order to appear. 

All parties must be prepared to identify issues to be resolved at the CMC.  A representative from DCF with authority to resolve issues and make final decisions must be present at the CMC or available by telephone.  (This is usually a Social Work Supervisor or Program Supervisor.) 

The DCF representative, typically the investigations and/or treatment  worker, must be prepared to provide current information regarding 

·          the Department’s position on the OTC, including the reasons for the motion and whether the reasons still exist

·          the family’s history with the Department

·          prior and presenting issues of the family

·          the child’s current placement

·          how the child is doing

·          whether there are any medical, mental health, developmental, or behavioral issues

·          efforts to identify alternative placements for the child

·          issues regarding unknown or missing parents

·          paternity

·          services that are in place, services that are recommended, and any obstacles to securing services

·          the specific steps the Department would like to see ordered by the court

·          the parents’ efforts since the OTC or order to appear, and

The parties will finalize a case management order at the CMC for approval and signature by the judge.  The following are elements to be included in the order:  

·          scheduling future case events

·          identification of areas of agreement

In all jurisdictions, all parties and counsel are expected to be present and on time for the entirety of the proceeding and to participate in discussions in a good faith manner.