Rule 8.330 Adjudicatory Hearings

(a) Hearing by Judge. The adjudicatory hearing must be conducted by the judge, without a jury, utilizing the rules of evidence in use in civil cases. At this hearing the court must determine whether the allegations of the dependency petition have been sustained by a preponderance of the evidence. If the court is of the opinion that the allegations are sustained by clear and convincing evidence, it may enter an order so stating.

(b) Examination of Witnesses. A party may call any person as a witness. A party has the right to examine or cross-examine all witnesses. However, the child and the parents, caregivers, or legal custodians of the child may be examined separately and apart from each other.

(c) Presence of Parties. All parties have the right to be present at all hearings. A party may appear in person or, at the discretion of the court for good cause shown, by communication technology. No party may be excluded from any hearing unless so ordered by the court for disruptive behavior or as provided by law. If a person appears for the arraignment hearing and the court orders that person to appear at the adjudicatory hearing for dependency, stating the date, time, and place of the adjudicatory hearing and, if the hearing will be held through communication technology, instructions for appearing at the hearing through communication technology, then that person’s failure to appear for the scheduled adjudicatory hearing constitutes consent to a dependency adjudication.

(d) Joint and Separate Hearings. When 2 or more children are alleged to be dependent children, the hearing may be held simultaneously when the several children involved are related to each other or involved in the same case, unless the court orders separate hearings.

(e) Motion for Judgment of Dismissal. In all proceedings, if at the close of the evidence for the petitioner the court is of the opinion that the evidence is insufficient warrant a finding of dependency, it may and on the motion of any party shall, enter an order dismissing the petition for insufficiency of evidence or find that allegations in the petition have not been sustained. If the court finds that allegations in the petition have not been sustained but does not dismiss the petition, the parties, including all parents, must continue to receive pleadings, notices, and documents and to have the right to be heard.

(f) Dismissal. If the court finds that allegations in the petition have not been sustained, it must enter an order dismissing the case for insufficiency of the evidence or find that allegations in the petition have not been sustained. If the court finds that the allegations in the petition have not been sustained but does not dismiss the petition, the parties, including all parents, must continue to receive pleadings, notices, and documents and to have the right to be heard.