DMR.1.6.070 Initial Hearing

(a) An initial hearing shall be held on a petition to terminate parental rights. At the hearing the Children's Court shall determine whether any party wishes to contest the petition.

(b) Any non-petitioning party may, upon request, be granted a continuance for the purpose of consulting legal counsel.

(c) The Children's Court shall determine whether all interested parties, including parties who may be the child's father, have been notified. If the Court determines that an unknown person may be the father of the child, the Court shall further determine whether constructive notice will substantially increase the likelihood of actual notice to that person. If the Court so determines, it shall adjourn the hearing and order such notice to be given. If the Court determines that constructive notice will not substantially increase the likelihood of actual notice, the Court shall order that the hearing proceed.

(d) At the initial hearing, the child and the parents, 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 counsel 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 or pursuant to Chapter TCT.2, a substitution of judge, which if not made before the close of the initial hearing is deemed waived.

(e) If the petition is contested, the Children's Court shall set a date for an adjudicatory hearing no later than 45 days after the date of the initial hearing, unless all parties consent to an immediate hearing, in which case the Court may immediately so proceed.

(f) If the petition is not contested, the Children's Court shall explain the effect of a termination of parental rights and shall question the parents consenting to termination in order to determine if such consent is informed and voluntary. The Court shall make findings of fact on the record supporting its conclusions that consent is informed and voluntary before proceeding further with a voluntary termination. The Court shall set a date for a dispositional hearing no later than 45 days from the date of the initial hearing, unless all parties consent to an immediate hearing and the report required by Section DMR.1.6.090(a) of this ordinance has been filed, in which case the Court may immediately so proceed.