26-7A-54 Advisory hearing before adjudicatory hearing.
26-7A-54.
Advisory hearing before adjudicatory hearing.
On appearance of the parties
pursuant to summons or at any adjournment or continuance of an appearance, the court shall conduct
an advisory hearing before the adjudicatory hearing on the petition, as follows:
(1)
The court shall first:
(a)
Ascertain the need for any joinder or deletion of parties, determine true names and
addresses of parties and their relationships to the child, and determine the true
name, date and place of birth, address, and custodial status of the child;
(b)
Advise the parties of the nature of the proceedings, the allegations contained in the
petition, the burden of proof of the state and the constitutional and statutory rights
of the parties; and
(c)
Advise the parties of their rights to be represented by attorneys and requirements
for court-appointed attorney, if appropriate, and, if requested by any party or if
required by the court, the court may adjourn and continue the advisory hearing to
a time, date, and place set by the court to afford opportunity for parties to consult
with their attorneys; and
(2)
The court shall then receive the answer, response, denial, or admission of the parties and,
if appropriate, of the child as follows:
(a)
If the petition alleges the child to be abused or neglected, parents, guardian, or
custodian of the child may admit the allegations contained in the petition and the
court may accept the admissions if the court is satisfied there is a factual basis for
them;
(b)
If the petition alleges a child to be in need of supervision, parents, guardian, or
custodian of the child and the child may admit the allegations contained in the
petition and the court may accept the admissions if the court is satisfied there is a
factual basis for them;
(c)
If the petition alleges the child to be delinquent, the child may admit the allegations
contained in the petition and the court may accept the admission if the court is
satisfied there is a factual basis for them.
Source: SL 1991, ch 217, § 67.