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Rule 15. Adjudication Hearing.
(a) Nature of Proceeding. The adjudication hearing is a trial to the court on the merits of the petition for adjudication.
(b) Notice. The Department must provide notice of the adjudication hearing to the parties within a reasonable time prior to the hearing. In cases involving an Indian child, notice of the hearing must be given at least ten days before the hearing pursuant to CINA Rule 7(e)(1). The court shall, upon request, grant the Indian child's parents, Indian custodian or tribe up to twenty additional days to prepare for the hearing.
(c) Burden of Proof. The Department has the burden of proving by a preponderance of the evidence that the child is a child in need of aid. However, the court may not terminate parental rights pursuant to CINA Rule 18 unless the Department has proved by clear and convincing evidence at the adjudication hearing that the child is a child in need of aid as a result of conduct of the parent.
(d) Judgment. At the conclusion of the adjudication hearing, the court shall make findings of fact and enter a judgment that the child is or is not a child in need of aid.
(e) Failure of Proof. If the court finds that the child is not a child in need of aid, it shall immediately order the child released from the Department's custody and returned to the child's parents, guardian or custodian.
(f) Order Pending Disposition. The court may order a child found to be a child in need of aid committed to the custody of the Department for placement outside the home pending disposition if the court makes the findings required by CINA Rule 10(c)(3).
(g) Additional Findings. In any case in which the court has authorized the Department to remove the child from the child's home, or continued a previous order for removal, the court shall make findings pursuant to 42 U.S.C. ยง 671(a)(15) as to whether, under the circumstances of the case, reasonable efforts were made to prevent or eliminate the need for removal of the child from the home and to make it possible for the child to return to the home.
(SCO 845 effective August 15, 1987; amended by SCO 855 effective January 15, 1988; and by SCO 1010 effective January 15, 1990)
Cross References
CROSS REFERENCES: AS 47.10.080(a); AS 47.10.081; 25 U.S.C. Section 1913.
PART VII. DISPOSITION
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
