1.25.170 Initial Hearing

(a) Upon petition by the child welfare coordinator or any party pursuant to Section 1.25.060(b), the court shall schedule an initial hearing. The hearing shall be scheduled within ten days of the date of the petition in the case of a child held in custody, and within 30 days of the date of the petition in all other cases. All affected persons and the child welfare coordinator shall be served notice of this and all other hearings and shall be given a reasonable opportunity to prepare and be heard.

(b) Any affected person has the right to be represented at a hearing by counsel at his or her own expense. The petitioner shall secure the appointment by the court of a guardian ad litem for any child who is subject of a petition. The court may, on its own motion or that of any party, appoint a guardian ad litem for any minor parent of a child subject of a petition.

(c) At the initial hearing, the child and the parent, guardian or custodian shall be informed of their rights as follows:

(1) The right to remain silent, although the silence may be considered adversely against the party remaining silent.

(2) The right to confront and cross-examine witnesses.

(3) The right to counsel at the party's own expense.

(4) The right to subpoena and present witnesses.

(5) The right to have the allegations of the petition proven by clear and convincing evidence.

(6) The right to demand for cause or pursuant to Section 1.04.040 a substitution of judge, which if not made before the close of the initial hearing is deemed waived.

(d) The child and the non-petitioning parties shall state whether they intend to contest the allegations of the petition.

(e) If no party intends to contest the allegations of the petition, the court shall set a date for a dispositional hearing no later than 30 days from the date of the initial hearing. If all parties consent, the court may proceed immediately with the dispositional hearing.

(f) If the petition is contested, the court shall set a date for an adjudicatory hearing no later than 20 days from the date of the initial hearing.

(g) Before accepting an admission or a statement of no contest to a petition, the court shall make inquiry to determine that the admission or statement is informed, voluntary, and made with an understanding of the potential dispositions that could result from the admission or statement. The court shall also establish whether any promises or threats were made to elicit the admission or statement, and shall inform any unrepresented parties that a lawyer could discover defenses or mitigating circumstances not apparent to them. The court shall also elicit a factual basis for the admission or statement.