(1)At the
adjudicatory hearing, the court shall consider whether the allegations of the
petition are supported by a preponderance of the evidence; except that
jurisdictional matters of the age and residence of the child shall be deemed
admitted by or on behalf of the child unless specifically denied prior to the
adjudicatory hearing.
(2)Evidence tending to establish the necessity of separating the child from
the parents or guardian may be admitted but shall not be required for the making of
an order of adjudication.
(3)Adjudicatory hearings shall be held at the earliest possible time, but in no
instance shall such hearing be held later than ninety days after service of the
petition, or, in a county designated pursuant to section 19-1-123, if the child is under
six years of a
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(1) At the
adjudicatory hearing, the court shall consider whether the allegations of the
petition are supported by a preponderance of the evidence; except that
jurisdictional matters of the age and residence of the child shall be deemed
admitted by or on behalf of the child unless specifically denied prior to the
adjudicatory hearing.
(2) Evidence tending to establish the necessity of separating the child from
the parents or guardian may be admitted but shall not be required for the making of
an order of adjudication.
(3) Adjudicatory hearings shall be held at the earliest possible time, but in no
instance shall such hearing be held later than ninety days after service of the
petition, or, in a county designated pursuant to section 19-1-123, if the child is under
six years of age at the time a petition is filed in accordance with section 19-3-501
(2), in no instance shall such hearing be held later than sixty days after service of
the petition unless the court finds that the best interests of the child will be served
by granting a delay. If the court determines that a delay is necessary, it shall set
forth the specific reason why such delay is necessary and shall schedule the
adjudicatory hearing at the earliest possible time following the delay.
(4) (a) When it appears that the evidence presented at the hearing discloses
facts not alleged in the petition, the court may proceed immediately to consider the
additional or different matters raised by the evidence if the parties consent.
(b) In such event, the court, on the motion of any interested party or on its
own motion, shall order the petition to be amended to conform to the evidence.
(c) If the amendment results in a substantial departure from the original
allegations in the petition, the court shall continue the hearing on the motion of any
interested party, or the court may grant a continuance on its own motion if it finds it
to be in the best interests of the child or any other party to the proceeding.
(d) If it appears from the evidence that the child may have a mental health
disorder or an intellectual and developmental disability as these terms are defined
in article 10.5 of title 27, subsections (4)(a) to (4)(c) of this section do not apply, and
the court shall proceed pursuant to section 19-3-506.
(5) After making a finding as provided by paragraph (a) of subsection (7) of
this section but before making an adjudication, the court may continue the hearing
from time to time, allowing the child to remain in his own home or in the temporary
custody of another person or agency subject to such conditions of conduct and of
visitation or supervision by a juvenile probation officer as the court may prescribe,
if:
(a) Consent is given by the parties, including the child and his parent,
guardian, or other legal custodian after being fully informed by the court of their
rights in the proceeding, including their right to have an adjudication made either
dismissing or sustaining the petition;
(b) Such continuation shall extend no longer than six months without review
by the court. Upon review, the court may continue the case for an additional period
not to exceed six months, after which the petition shall either be dismissed or
sustained.
(6) When the court finds that the allegations of the petition are not
supported by a preponderance of the evidence, the court shall order the petition
dismissed and the child discharged from any detention or restriction previously
ordered. His or her parents, guardian, or legal custodian shall also be discharged
from any restriction or other previous temporary order. The court shall inform the
respondent that, pursuant to section 19-3-313.5 (3)(f), the department shall
expunge the records and reports for purposes related to employment or
background checks.
(7) (a) When the court finds that the allegations of the petition are supported
by a preponderance of the evidence, except when the case is continued as provided
in the introductory portion to subsection (5) of this section, the court shall sustain
the petition and shall make an order of adjudication setting forth whether the child
is neglected or dependent. Evidence that child abuse or nonaccidental injury has
occurred shall constitute prima facie evidence that such child is neglected or
dependent, and such evidence shall be sufficient to support an adjudication under
this section.
(b) The court shall then hold the dispositional hearing, but such hearing may
be continued on the motion of any interested party or on the motion of the court.
Such continuance shall not exceed thirty days unless good cause exists. In a county
designated pursuant to section 19-1-123, if the child is under six years of age at the
time a petition is filed in accordance with section 19-3-501 (2), the dispositional
hearing shall be held within thirty days after the adjudicatory hearing unless good
cause is shown and unless the court finds that the best interests of the child will be
served by granting a delay. It is the intent of the general assembly that the
dispositional hearing be held on the same day as the adjudicatory hearing,
whenever possible.