Rule 5.674.Conduct of hearing; admission, no contest, submission

At the initial hearing, detained or not, a parent or guardian may admit the petition’s allegations, plead no contest, or submit the jurisdictional determination on the information before the court and waive a further jurisdiction hearing. Where the court accepts that from every parent and guardian with standing as a party, it moves straight on to the jurisdiction and disposition rules.

At the detention hearing the court must read, consider and reference the social worker’s report, any other reports, and any relevant evidence from any party — and all detention findings and orders must appear in the court’s written orders. Five things must be on the record: that continuance in the home is contrary to the child’s welfare; that temporary placement and care are vested with the agency; that reasonable efforts — or, for an Indian child, active efforts — were made to prevent removal; the findings the statute itself requires; and, for an Indian child, that detention is necessary to prevent imminent physical damage or harm and that no reasonable means exist to protect the child in the physical custody of a parent or Indian custodian.

The hearing is adversarial in a real sense. The child, parent, Indian custodian and guardian may assert the privilege against self-incrimination and may confront and cross-examine the preparer of any police, probation or social worker report or other document submitted, and anyone the court examines. If that right is asserted, the court may not consider the report or document unless its preparer is made available.

Two safety valves follow. If the child is detained and no parent, Indian custodian, tribe or guardian was present or had actual notice, any of them may file an affidavit alleging the failure of notice and asking for a rehearing — and the clerk must set it within 24 hours of filing, excluding noncourt days. And if the child is detained, any of them or counsel may ask to see the evidence behind the prima facie case: the court then sets a prima facie hearing within 3 court days or sets the jurisdiction hearing within 10. If the petitioner fails to establish the prima facie case, the child must be released.