§ 10A-1-4-601 — Adjudication hearing.

A. The court shall hold an adjudication hearing following the filing of a petition alleging that a child is deprived. The hearing shall be held not more than ninety (90) calendar days following the filing of the petition. The child and the child’s parents, guardian, or other legal custodian shall be entitled to not less than twenty (20) days’ prior notice of the hearing. B. 1. The child shall be released from emergency custody in the event the adjudication hearing is delayed beyond ninety (90) days from the date the petition is filed unless the court issues a written order with findings of fact supporting a determination that: a. there exists reasonable suspicion that the health, safety, or welfare of the child would be in imminent danger if the child were returned to the home, and b. there exists either an exceptional circumstance to support the continuance of the child in emergency custody or the parties and the guardian ad litem, if any, agree to such continuance. 2. If the adjudicatory hearing is delayed pursuant to this subsection, the emergency custody order shall expire unless the hearing on the merits of the petition is held within one hundred eighty (180) days after the actual removal of the child. C. The release of a child from emergency custody due to the failure of an adjudication hearing being held within the time frame prescribed by this section shall not deprive the court of jurisdiction over the child and the parties or authority to enter temporary orders the court deems necessary to provide for the health, safety, and welfare of the child pending the hearing on the petition. D. At the adjudication hearing, if the court finds that it is in the best interest of the child, the court shall: 1. Accept a stipulation by the child’s parent, guardian, or other legal custodian that the facts alleged in the petition are true and correct; 2. Accept a stipulation by the child’s parent, guardian, or other legal custodian that if the state presented its evidence supporting the truth of the factual allegations in the petition to a court of competent jurisdiction, such evidence would be sufficient to meet the state’s burden of proving by a preponderance of the evidence that the factual allegations are true and correct; or 3. Conduct a nonjury trial to determine whether the state has met its burden of proving by a preponderance of the evidence that the factual allegations in the petition are true and correct. E. 1. A decision determining a child to be deprived in a nonjury trial shall be based on sworn testimony. 2. The child, as a party to the proceeding, shall be given the opportunity to cross-examine witnesses and to present a case in chief if desired.

Legislative History

Added by Laws 2009, c. 233, § 120, emerg. eff. May 21, 2009.