As amended through June 7, 2024
Rule 18 - Preliminary Proceedings(a) Filing of a Dependent, Neglect, and/or Abuse Petition. Upon the filing of a petition, the court shall forthwith issue a summons, in accordance with Rule 16, requiring the parent, guardian, or other person having custody of the child to appear before the court for a preliminary hearing on the petition on a date set forth by the court. The petitioner shall forthwith serve the parent, guardian, or other person having custody of the child the summons, petition, Language Assistance Notice, and all other required documents.(b) Preliminary Hearing. At the preliminary hearing on the petition, the court shall:(1) Advise the parent or other person having care of the child of the allegations contained in the petition;(2) Arraign the respondent by entering either a denial or admission of the allegations contained in the petition;(3) Assure that a guardian ad litem and/or a court-appointed special advocate has been appointed to represent the child;(4) Appoint an attorney to represent a parent or any other person having custody of the child alleged to have been dependent, neglected, and/or abused when the parent or custodian is unable to afford such representation;(5) Advise the parent or any other person having care of the child of the right to a probable cause hearing on an ex parte petition to be held as soon as practicable but no later than ten (10) days from the date of the request;(6) Inquire as to the availability of a relative placement for the child;(7) Inquire as to the applicability of and compliance with the mandates of the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq.; and(8) Make an interim order in the court's discretion with respect to custody, placement, visitation, residence for school purposes, and the rights of the child, including the child's right to a free and appropriate public education and the right to be treated as an "Indian" child under the Indian Child Welfare Act in accordance with state and federal law.(c) Default. If any parent, guardian, or other person having custody of a child shall, after due notice, fail to appear at the preliminary hearing, the court may enter a default and proceed then or at a subsequent date but no later than thirty (30) days after the default entered, unless extended by the court for good cause, to receive proof and enter judgment.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.