DMR.1.5.030 Initial Hearing

(a) Upon filing of a petition, the Children's Court shall schedule an initial hearing. The hearing shall be scheduled to be held within 30 days of the date of the petition if the child has not been taken into custody. If the child has been taken into emergency custody pursuant to Section DMR.1.4.010 of this ordinance, the hearing shall be held as soon as practicable but no more than ten (10) days after the child was taken into custody. 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 Children's 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.

(d) The child, if age twelve (12) or older, and the non-petitioning parties shall state whether they intend to contest the allegations of the petition.

(e) The Children's Court shall set a date for a plea hearing no later than twenty (20) days from the date of the initial hearing.

(f) If no party intends to contest the allegations of the petition, the Children's Court shall set a date for a dispositional hearing no later than thirty (30) days from the date of the initial hearing. If all parties consent, the Children's Court may proceed immediately with the dispositional hearing.

(g) If the petition is contested, the Children's Court shall set a date for an adjudicatory hearing no later than forty-five (45) days from the date of the initial hearing.