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District of Columbia Code Division II. Judiciary and Judicial Procedure § 16-2316.01. Scheduling of fact finding and dispositional hearings for children alleged to be neglected.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided in subsection (b)(3) of this section, a fact finding hearing for a child alleged to be neglected shall be combined with the dispositional hearing.

(b) The fact finding and dispositional hearing for a child alleged to be neglected shall be held within the time limits provided in this subsection.

(1) The fact finding and dispositional hearing shall be held within 45 days after the child's entry into foster care or, if the child is not in foster care, within 45 days of the filing of the petition.

(2) Upon motion of any party, for good cause shown, the fact finding and dispositional hearing of a child alleged to be neglected may be continued, and, as applicable, the child shall remain in shelter care, for up to an additional 30 days.

(3) Following completion of the fact finding phase, if the child is found to be neglected, upon motion of any party, for good cause shown, the dispositional phase may be continued and, as applicable, the child shall remain in shelter care for up to an additional 15 days.

(4) In determining whether good cause has been shown as required by paragraphs (2) and (3) of this subsection, the Division shall take into account, among other appropriate matters, and shall state its findings on the record, whether:

(A) There has been or will be a delay resulting from other proceedings concerning the child, including, but not limited to, examinations to determine the mental competency or physical capacity of the child or of a parent, guardian, or custodian, or from any interlocutory or expedited appeal;

(B) Any essential witness is absent or unavailable, meaning that his or her whereabouts are unknown or cannot be determined by due diligence or that his or her presence for the hearing cannot be obtained by due diligence; or any essential witness is otherwise unavailable;

(C) Despite the exercise of due diligence, necessary medical examinations, drug analysis, or other scientific tests have not been completed; or

(D) The best interests and safety of the child are best served by continuing the period of shelter care.

(c) Notwithstanding subsection (b)(2) and (3) of this section, the dispositional hearing for a child found to be neglected shall be held within 45 days after the child's entry into foster care, or if the child is not in foster care, within 45 days of the filing of the petition.

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Cite this article: FindLaw.com - District of Columbia Code Division II. Judiciary and Judicial Procedure § 16-2316.01. Scheduling of fact finding and dispositional hearings for children alleged to be neglected. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-ii-judiciary-and-judicial-procedure/dc-code-sect-16-2316-01/

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