A. 
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. 
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) 
Probable cause exists that the child met the definition of a protected child at the time of removal;
(2) 
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) 
Any appropriate alternative, except continued placement of the child, is reasonably available to adequately safeguard the child from such risk; and
(4) 
Active efforts to prevent the removal of the child from the home have been made, and what diligent efforts occurred.
C. 
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. 
Preliminary hearing procedure. The Court will:
(1) 
Read the allegations in the petition in open court, unless the reading of the allegation is waived by all parties;
(2) 
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) 
Advise all respondents of their right to a trial on the allegations in the petition;
(4) 
Advise all respondents of their right to remain silent;
(5) 
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) 
The Court will authorize or decline the petition.
E. 
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:
(1) 
At the time of removal and/or filing of the petition, the child(ren) were at risk of physical, emotional or developmental harm as defined in Article I, § 7.5-2, of this code and that those named as respondents to the petition were likely to have caused, by act or omission, the risk of harm.
F. 
Probable cause found. If the Court finds that probable cause exists that the child meets the definition of a protected child, the Court:
(1) 
Will authorize the petition; and
(2) 
May release the child to the custody of his or her parent or guardian under such reasonable terms and conditions as are necessary to ensure the physical, emotional, or mental and developmental well-being of the child.
G. 
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:
(1) 
A criminal background check;
(2) 
A physical, mental, psychological or substance abuse evaluation, or assessment by a qualified professional; and
(3) 
The Court may order a home study/service plan for other out-of-home placement.
H. 
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. 
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.