§ 14-3-426 — Initial hearing; adjudicatory hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing

Wyoming § 14-3-426

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 3: PROTECTION
• Art. 4: CHILD PROTECTION ACT

Text

(a) There shall be an initial hearing. The initial
hearing may be held in conjunction with the shelter care hearing
provided the requirements of W.S. 14-3-413, 14-3-414 and
14-3-426 have been met. The initial hearing may also be held
after a shelter care hearing or a transfer hearing. At the
initial hearing, the child and his parents, guardian or
custodian shall be advised by the court of their rights under
law and as provided in this act. They shall also be advised of
the specific allegations in the petition and given an
opportunity to admit or deny them. They shall also be advised of
the possible liability for costs of treatment or services
pursuant to this act. It is not necessary at the initial
hearing for the district attorney to establish probable cause to
believe the allegations in the petition are true. If the
allegations are admitted, the court shall make the appropriate
adjudication and may proceed immediately to a disposition of the
case, provided the court has the predisposition report and
multidisciplinary team recommendations, in accordance with the
provisions of W.S. 14-3-429, except that a commissioner acting
in the absence or incapacity of the judge may take testimony to
establish a factual basis and accept an admission and perform
all other requirements of the initial hearing but shall not
proceed to disposition.
(b) If the allegations of the petition are denied, the
court may, with consent of the parties, proceed immediately to
hear evidence on the petition or it may set a later time not to
exceed sixty (60) days for an adjudicatory hearing, unless the
court finds good cause to delay or postpone the hearing. In no
case shall the court hold the adjudicatory hearing more than
ninety (90) days after the date the petition is filed. Only
competent, relevant and material evidence shall be admissible at
an adjudicatory hearing to determine the truth of the
allegations in the petition. If after an adjudicatory hearing
the court finds that the allegations in the petition are not
established as required by this act, it shall dismiss the
petition and order the child released from any shelter care.
(c) If after an adjudicatory hearing or a valid admission
or confession the court or jury finds that a child is neglected,
it shall enter a decree to that effect stating the
jurisdictional facts upon which the decree is based. It may then
proceed immediately or at a postponed hearing within sixty (60)
days to make proper disposition of the child.
(d) In shelter care hearings or disposition hearings, all
material and relevant evidence helpful in determining questions
may be received by the court and relied upon for probative
value. The parties or their counsel may examine and controvert
written reports received as evidence and cross-examine persons
making the reports.
(e) On motion of any party or on its own motion, the court
may continue a disposition hearing for a reasonable time not to
exceed sixty (60) days to receive reports and other evidence
bearing on the disposition to be made. The court shall make an
appropriate order for shelter care of the child or for his
release from shelter care subject to any terms and conditions
the court deems necessary during the period of continuance.
(f) At any time prior to disposition under W.S. 14-3-429,
the court, on motion of any party or on its own motion, may
reconsider its order regarding shelter care or conditions of
release made under W.S. 14-3-409 or 14-3-414.
(g) In the absence or incapacity of the judge, the initial
hearing may be conducted by a district court commissioner.