CHC 624 - Continued custody hearing
Art. 624. Continued custody hearing
A. If a child is not released to the care of his parents, a hearing shall be held by the court within three days after the child's removal or entry into custody.
B. After notice to all parties and when a child is in foster care, to any foster parent, pre-adoptive parent, and relative providing care, and upon a showing of good cause, the court may grant, deny, or condition a requested continuance of the proceeding in accordance with the best interests of the child. The hearing may be continued for up to three additional days. If a continuance is granted, the court shall issue a written order identifying the mover and reciting the particular facts justifying the continuance.
C.(1) If it appears from the record that the parent cannot be found or has been served a summons or notified by the department to appear at the continued custody hearing and fails to appear at the hearing, then the hearing may be held in the parent's absence.
(2) If a foster parent, pre-adoptive parent, adoptive parent, or relative providing care for the child fails to appear at the hearing, the department shall report to the court whether notice was given, or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
D. At this hearing, the state has the burden to prove the existence of a ground for continued custody pursuant to Article 626.
E. The child and his parents may introduce evidence, call witnesses, be heard on their own behalf, and cross-examine witnesses called by the state.
F. Hearsay evidence shall be admissible at this hearing.
G. A suitable relative or other suitable individual who seeks to become the custodian of the child must provide evidence of a willingness and ability to provide a wholesome and stable environment for the child and to protect the health and safety of the child pending an adjudication hearing. He shall affirm a continued acceptance of the terms of the safety plan.
H. Repealed by Acts 2006, No. 278, §2.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1215, §1, eff. July 9, 1999; Acts 2001, No. 567, §1; Acts. 2005, No. 148, §1; Acts 2006, No. 278, §§1 and 2; Acts 2007, No. 334, §1.