A.Â
Child released to parent. If the child has been released to his/her
parent, guardian or custodian, prior to the preliminary hearing, the
Court will conduct a preliminary hearing within fourteen (14) calendar
days after the filing of the petition.
B.Â
Child removed from the home. If the child is removed from the home,
the Court will conduct a preliminary hearing within three (3) calendar
days after the filing of the petition to determine if:
(1)Â
Probable cause exists that the child met the definition of a protected
child at the time of removal;
(2)Â
Conditions and circumstances which gave rise to the removal continue
to present a substantial risk of harm to the child's life, physical
health, emotional, developmental or mental well-being;
(3)Â
Any appropriate alternative, except continued placement of the child,
is reasonably available to adequately safeguard the child from such
risk; and
(4)Â
Active efforts to prevent the removal of the child from the home
have been made, and what diligent efforts occurred.
C.Â
Parent, guardian or custodian not present. If the child's parent,
guardian, or custodian does not appear at the preliminary hearing,
the Court will inquire about the adequacy of efforts to notify and
to obtain the presence of the party. If it appears that further efforts
are likely to produce the party, the Court will recess for not more
than twenty-four (24) hours and direct the case worker and/or law
enforcement to make continued efforts to obtain the presence of the
party. The preliminary hearing may be conducted in the absence of
the party.
D.Â
Preliminary hearing procedure. The Court will:
(1)Â
Read the allegations in the petition in open court, unless the reading
of the allegation is waived by all parties;
(2)Â
Advise all respondents of the right to have counsel represent them,
at their own expense, or for the Court to provide an attorney if the
respondent is financially eligible;
(3)Â
Advise all respondents of their right to a trial on the allegations
in the petition;
(4)Â
Advise all respondents of their right to remain silent;
(5)Â
Advise all respondents of their right to plead responsible, not responsible,
no contest or stand mute as to the allegations in the petition, and
accept a plea on the allegations; and
(6)Â
The Court will authorize or decline the petition.
E.Â
Establishing probable cause. The Court, in determining whether probable
cause exists that the child meets the definition of a protected child
will hear testimony and determine if:
F.Â
Probable cause found. If the Court finds that probable cause exists
that the child meets the definition of a protected child, the Court:
G.Â
Court-ordered evaluations and assessments. Upon a finding of probable
cause on the petition, the Court may order any involved child, parent,
guardian, or custodian, or any family member or extended family member
who may have contributed to the conditions or situation that gave
rise to the petition, to undergo:
H.Â
Probable cause not found. If probable cause that the child meets
the definition of a protected child is not found to exist, either
at the time of removal or at the time of the hearing, the Court will
dismiss the petition, and the child will be released to the custody
of his or her parent or guardian.
I.Â
Plea. A plea will be entered at the preliminary hearing by each respondent.
The respondent may enter a plea of "responsible," "not responsible,"
or the respondent may stand mute. If the respondent stands mute, the
court will enter a "not responsible" plea on his/her behalf.