DMR.1.10.060 Initial Hearing

(a) Upon filing of a petition, the Children's Court shall schedule an initial hearing to be held within thirty (30) days of the date the petition was filed. All affected persons appearing at the initial hearing shall be served notice of subsequent hearings, either orally in Court on the record, by first class mail or by personal service. The Court may order additional persons to be served.

(b) Any affected person has the right to be heard and to be represented at a hearing by counsel at his or her own expense. The Children's Court may, on its own motion or that of any party, appoint a guardian ad litem for any minor parent, guardian, or custodian of a child subject of a petition.

(c) At the initial hearing, the child and the parent, guardian or custodian shall be informed of their rights as follows:

(1) The right to remain silent, although the silence may be considered adversely against the party remaining silent.

(2) The right to confront and cross-examine witnesses.

(3) The right to an attorney or lay representative at the party's own expense.

(4) The right to subpoena and present witnesses.

(5) The right to have the allegations of the petition proven by clear and convincing evidence.

(6) The right to demand for cause pursuant to Chapter TCT.2, or to request on any other ground, a substitution of judge, which if not made before the close of the initial hearing in the initial matter involving the subject minor, is deemed waived, and any request for substitution that Chapter TCT.2 does not require to be granted shall be decided in the discretion of the judge.