§ 748 Adjournment of fact-finding hearing

When a young person is being held in placement before their case is decided, the judge has limited power to delay the fact-finding hearing (the hearing where the judge decides if the allegations are true). If the judge or the petitioner (the person or agency bringing the case) wants to delay the hearing, they need a good reason, and the delay can only last up to three days.

If the delay is requested by the respondent (the young person) or their parent or guardian, the judge can allow a longer delay, as long as there is a good reason for it. This gives more flexibility to the young person's side to prepare their case.

The court cannot keep granting delays over and over without a strong reason. If someone asks for a second or third postponement, the judge can only say yes if there are special circumstances that justify it.

Finally, whenever a judge does delay the hearing, they must explain why on the record. This keeps the process fair and makes sure delays are not handed out without a clear reason, especially since the young person is being held in placement while waiting for their hearing.