§ 14-6-426 — Initial appearance; adjudicatory hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing

Wyoming § 14-6-426

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 6: JUVENILES
• Art. 4: CHILDREN IN NEED OF SUPERVISION ACT

Text

(a) At their initial hearing, which may be held after a
detention or shelter care 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 the
child shall be 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 appearance for the district attorney to establish
probable cause to believe the allegations in the petition are
true. When a detention or shelter care hearing is held in
accordance with W.S. 14-6-409, a separate initial hearing is not
required if the child and his parents, guardian or custodian
were present at the detention or shelter care hearing and
advised by the court as provided in this subsection.
(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 detention or
shelter care.
(c) If after an adjudicatory hearing or a valid admission
or confession the court or jury finds that a child is in need of
supervision, 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, unless the court
finds good cause to delay or postpone the hearing.
(d) In detention or 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 detention or shelter care of the child or
for his release from detention or 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. 14-6-429,
the court, on motion of any party or on its own motion, may
reconsider its order regarding detention or shelter care or
conditions of release made under W.S. 14-6-409 or 14-6-414.