Rule 9 Section-304 Hearing
Rule Text
(a) IN GENERAL. If a person whose consent is required has not consented to the adoption, the court must conduct a hearing to determine whether:
(1) under D.C. Code § 16-304 (d) (2012 Repl.), consent is no longer required; or
(2) under D.C. Code § 16-304 (e) (2012 Repl.), consent is being withheld contrary to the best interests of the prospective adoptee.
(b) ATTENDANCE. Unless excused by the court, the following individuals must appear at the Section-304 Hearing:
(1) the petitioner;
(2) the person whose consent is at issue;
(3) if applicable, the prospective adoptee’s guardian ad litem; and
(4) if there is a neglect case, the prospective adoptee’s social worker.
(c) FAILURE TO APPEAR. If the person whose consent is required fails to appear after being served with the Notice of Adoption Proceeding and initial court order, the court may:
(1) proceed with an evidentiary hearing;
(2) schedule the evidentiary hearing for a later date; or
(3) schedule a status hearing.
(d) CERTIFICATION OF CONTESTED ADOPTION. If the person whose consent is required appears and opposes the adoption or files a written opposition in accordance with Rule 7, the court must certify the case as a contested adoption and issue a scheduling order under Rule 11.