Dispositional hearings.

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A. No later than forty (40) days after making an order of adjudication, the court shall hold a dispositional hearing, at which all evidence helpful in determining the proper disposition best serving the interest of the child and the public, including but not limited to oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the adjudicatory hearing.

B. Before making an order of disposition, the court shall advise the district attorney, the attorney of the child, the parents, guardian, custodian or responsible relative, and their counsel, of the factual contents and the conclusion of reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them. An order of disposition shall include a specific finding and order of the court relative to the liability and accountability of the parents for the care and maintenance of the child as authorized by Section 2-2-703 of this title, unless custody is placed with the parent or parents of the child.

C. On its own motion or that of the district attorney, the attorney of the child or of the parent, guardian, custodian, responsible relative or counsel, the court may adjourn the hearing for a reasonable period to receive reports or other evidence and, in such event, shall make an appropriate order for detention of the child, or release of the child from detention subject to supervision by the court, during the period of the continuance.

D. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention, or has otherwise been removed from his or her home, before an order of disposition has been made.

Added by Laws 1995, c. 352, § 130, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 51, emerg. eff. May 21, 2009. Renumbered from § 7303-5.1 of Title 10 by Laws 2009, c. 234, § 181, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 404, § 12, eff. Nov. 1, 2013; Laws 2014, c. 362, § 1, emerg. eff. May 28, 2014; Laws 2018, c. 155, § 2, eff. Nov. 1, 2018.


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