Rule 6 Hearings
Rule Text
(1) Hearings shall be held informally in closed session with only those concerned with the case present, which may include any victim or victims of the alleged delinquency, and such other persons as the court may admit for special cause.
(2) When the necessary parties are before the court, the court shall read or explain the complaint or infonnation to all the parties present, shall infonn the child of his right to counsel if he appears without counsel. and grant any reasonable continuance necessary to enable the child to obtain counsel if he so desires.
(3) After the child has either obtained counselor clearly indicated that he desires to proceed without counsel and the court deems it fair to so proceed. the court shall ask each of the parties present whether they raise any questions as to any of the facts alleged in the complaint or information. If neither the child nor his parent or persons having custody of him. questions any of the facts alleged. they and the child's counsel. if any. shall then be asked if they consent to the child's being adjudged a delinquent child. If they consent. the judge, ma y the� adjudge th� child a delinquent child, provi�ed the facts alle¥ed wo�ld constttute a cnme if the child were of full age and sound mInd. or clearly or otheI'Wlse indicate that he is a delinquent child as defined in the Code.
(4) If either the child, his counsel, or his parent or person having custody of him does not so consent, or if any party brings matters to the attention of the court that would indicate any serious doubt as to the truth of any of the essential facts alleged against the child, the court shall proceed to take evidence on the disputed facts in the same manner that it would in the trial of a civil action. witnesses being sworn and all parties allowed to present evidence and examine and cross-examine witnesses as at a civil trial. but all in closed session. The CO\D1 shall then make an adjudication. either that the child is, or is not, a delinquent child because of the facts alleged in the complaint or information. If the court makes this latter adjudication. that will end the proceedings. Before making an adjudication that the child is a delinquent child, other than by consent as provided in paragraph (3) of this Rule. the court must be satisfied that all facts that are necessary to constitute a ground of delinquency under the Code, have either been admitted or proved beyond a reasonable doubt.
(5) After the child has been adjudged a delinquent child, the court may. and usually should. proceed very informally as at a conference to consider the causes of the delittquency and the recommendations of all concerned as to the best disposition of the child within the limits of the law, particularly with regard to the custody. supervision. and schooling or training of the child. including consideration of anything available in the nature of a probation officer's report on the child and his history. Ordinarily the disposition of the case after adjudication can satisfactorily be made without the taking of any further testimony or formal evidence. If any serious dispute arises, however. as to any important facts involved, or the court for any other reason deems it advisable. the court should permit or request the parties to present evidence on the facts in dispute. witnesses being sworn and examined as in a civil action, but still in closed session.
(6) Every effort should be made to secure. if possible. the cooperation and agreement of the child and the parent or person having custody of the child. The court shall. however, make such lawful order as it deems best as to the child, after considering any objections raised.
(7) The court may also make such order as it deems best against any other party in accordance with the authority granted by the provisions of these rules. but bef ore making such an order it shall give the party or parties against whom the order is proposed an opportunity to show cause why such order should not be issued and. if such party disputes any important fact on the basis of which the order is requested or proposed. all parties shall be given an opportunity to present evidence thereon as at a civil trial, but still in closed session, before any such order is issued.
(8) Ordinarily there should be little occasion for argument by counsel, but the court should exercise its discretion to pennit whatever argument it believes will be honestly helpful to a clear understanding of any legal questions arising and must be scrupulously fair in allowing equal opportunity for argument on either side of any question arising.