PART VI. 
PRELIMINARY FINDINGS, HEARINGS AND ORDERS



 



§587-51  Required findings concerning notice
prior to a hearing in a child protective proceeding.  (a)  No hearing may
commence under this chapter unless the court enters a finding that each of the
parties required to be notified pursuant to section 587-32(a) has been served
with a copy of the petition; provided that if a member or members of the
child's family required to be notified pursuant to section 587-32(a) have not
been served, the court may proceed to hear any child protective proceeding
under this chapter and enter orders concerning the parties who have been served
if the court is satisfied that:



(1)  A reasonable effort has been made to effect
personal service;



(2)  It would not be in the best interests of the
child to postpone the proceeding until service can be effectuated; and



(3)  The child is represented by a guardian ad litem
or counsel.



(b)  If, at the return date hearing, it is
established that a member or members of the child's family required to be
notified pursuant to section 587-32(a) have not been served prior to the return
date, the court shall:



(1)  Ascertain and order the method of service of
summons which the court deems to be appropriate based upon the available
information; and



(2)  Set a continued return date; provided that:



(A)  The court may waive the appearance of any
party at the continued return date; and



(B)  If the court orders that service of
summons be made by mail or publication, the court shall set the continued return
date not less than twenty-one days subsequent to the date of service evidenced
by the signature on a return receipt or the date of the last publication.



(c)  Upon the continued return date, the court
shall:



(1)  Enter a default concerning a party who was served
but failed to appear on the continued return date;



(2)  Order the party who was served to appear on the
date of the next scheduled hearing in the case; or



(3)  If a member of the child's family required to be
notified pursuant to section 587-32(a) was served and appears on the continued
return date and moves the court that a prior order be vacated or modified, set
the oral motion to vacate prior orders for a hearing and order that the moving
party proceed to file a written motion and to serve the other parties with
proper written notice of the motion and hearing date.



(d)  In considering a party's motion to vacate
or modify prior orders, the court need not commence a trial or hearing de novo,
but rather, after such further hearing as the court deems to be appropriate,
may proceed to enter such orders as are in the best interests of the child.



(e)  The court shall hear child protective
proceedings under this chapter at a hearing separate from those for adults and
without a jury.  The hearing shall be conducted in an informal manner and may
be adjourned from time to time.  The general public shall be excluded and only
such persons shall be admitted as are found by the court to have a direct
interest in the case.  The child may be excluded from the hearing at any time
at the discretion of the court.  If a party is without counsel or a guardian ad
litem, the court shall inform the party of the right to be represented by
counsel and to appeal.



(f)  Orders orally stated by the court on the
record in a proceeding under this chapter shall have full force and effect upon
the date of the hearing until further order of the court; provided that all
oral orders shall be reduced to writing as soon as is practicable. [L 1983, c
171, pt of §1; am L 1986, c 316, §22; am L 1992, c 190, §19]