As amended through June 7, 2024
Rule 15 - Dependency, Neglect, or Abuse(a)Petition. Information that a child is dependent, neglected, and/or abused, shall be submitted electronically to the court in the form of a petition by the Department of Cchildren, Youth, and Families or by any person authorized by law. (b)Ex Parte Orders. Whenever a petition seeking an ex parte order is presented, the petitioner shall disclose all available relevant information bearing upon the ex parte relief sought. The court shall take such action as it finds necessary for the protection of the child alleged to be dependent, neglected, and/or abused, including removal of the child from the custody of the parent or other person having custody of the child. A signed physician's report that a child is neglected or abused shall be sufficient to support an ex parte order for removal. The parent, guardian, or other person having custody of the child shall appear before the court for a preliminary hearing on the petition within seven (7) days from the date of the filing.(c)Contents of Petition. The petition shall be sworn to on the basis of knowledge or information and belief before a judicial officer or clerk of the court or before a notary public and set forth the following: (1) To the extent known the name, age, and residence of: (C) The child's other legal guardian; (D) The person having custody and control of the child;and (E) The child's nearest known relative, if no parent or guardian can be found;(2) A plain statement of the facts by which the child is allegedly dependent, neglected, and/or abused, Such facts may be set forth in an affidavit accompanying the petition; and(3) The action requested of the court by the petitioner.(d) Filing. The filing of the petition shall take place: (1) Upon submission of a petition by the Department of Children, Youth, and Families for an ex parte order removing the child from the custody of the parents or other person alleged to have abused or neglected the child;(2) Upon issuance of an ex parte order at the request of any other authorized person;(3) Upon the submission of a petition by the Department of Children, Youth, and Families or another authorized person alleging dependency, neglect, and/or abuse; (4) Upon the order of a judicial officer of the court. (e) Amendment. A petition may be amended upon motion or by order of the court at any time before an adjudication, provided that the court shall allow the party such additional time to prepare as may be required to ensure a full and fair hearing.Amended and renumbered March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.