CHAPTER 11. ADJUDICATION Art. 659. Time for adjudication hearing A. If the child is in continued custody pursuant to Article 627, the adjudication hearing shall commence within forty-five days of the filing of the petition. If the child is not continued in custody, the adjudication hearing shall commence within one hundred five days of the […]
Art. 660. Order of adjudication hearing The court shall determine the order of the presentation of evidence at an adjudication hearing. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
Art. 661. Presence at adjudication hearing; exclusion of witnesses A. The child, his parents, counsel, the district attorney, authorized officials of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge may be present at the adjudication hearing. B. […]
Art. 661.1. Federal Indian Child Welfare Act inquiry A. At the commencement of the adjudication hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may […]
Art. 662. Right to present evidence and examine witnesses The child and his parents may introduce evidence, call witnesses, be heard on their own behalf, and cross-examine witnesses called by the state. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
Art. 663. Evidence; suspension of privileges A. Except as otherwise hereinafter provided, the adjudication hearing shall be conducted according to the rules of evidence applicable to civil proceedings. B. The court may consider as evidence any videotape which is prepared in compliance with Chapter 8 of Title III and which is relevant to the proceeding. […]
Art. 664. Adjudication by the court The adjudication hearing shall be held before the court without a jury. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
Art. 665. Burden of proof The state shall have the burden to prove the allegations of the petition by a preponderance of evidence. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
Art. 666. Adjudication order A. Following the adjudication hearing, the court shall immediately declare whether the evidence warrants a child in need of care adjudication. In exceptional circumstances, the court may take the matter under advisement for a period not to exceed ten days. B. If the evidence demonstrates that the child’s family is in […]
Art. 667. Vacation of adjudication A. On motion of the child or the parent, an adjudication shall be vacated and a new adjudication hearing ordered if, after contradictory hearing, the court finds that: (1) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication. (2) The court making the adjudication lacked […]
