Rule 31 Findings by the Family Court

This Rule implements D.C. Code § 16-2317(b). Section (a) of the Rule is taken from FRCrP 23(c) "Trial Without a Jury". The phrase "except that findings of fact ... dispositional hearing" is new and makes clear that findings as to the need for care or rehabilitation are to be made at the dispositional hearing rather than at the factfinding hearing. The time for this finding seemed ambiguous under D.C. Code § 16-2305(d), since it requires the petition to contain an allegation of apparent need for care or rehabilitation, and since findings as to the truth of the allegations of the petition are usually made at the factfinding hearing. D.C. Code § 16-2301(17), however, states that the finding shall be made at the dispositional hearing. Section (b) of the Rule is substantially similar to FRCrP 31(b), except that references pertaining to jury trials have been deleted. The FRCrP 31(b) idea of separate findings has been retained. Section (c) is substantially similar to FRCrP 31(c) except that "in a delinquency case" has been added, since the concept of attempted offenses is not applicable to need of supervision cases. In order not to be too burdensome on judges and staff, the findings required here and elsewhere in the Rules will ordinarily be made through the use of forms. FRCrP 31(a) "Return" and section (d) "Poll of Jury" have been excluded as unnecessary with no jury.