5.02.080 Conduct of Hearings

(a) Private and closed. All hearings shall be separate from other proceedings and shall be private and closed to the public. Only the parties, their attorneys, witnesses, and other persons requested by the parties and approved by the Court may be present at the hearing.

(b) Denial of allegations. If the allegations are denied, the Court shall hear the evidence and decide whether or not the allegations were committed.

(d) Standard of proof. The standard of proof shall be clear and convincing evidence.

(e) Dismissal or disposition.

(1) The Court will dismiss the petition if the allegations are not established by the required standard of proof, or

(2) The Court will proceed to the dispositional hearing if the allegations are established by a valid admission or by the required standard of proof.

(f) Postponement (Continuance). On the Court's motion, or the minor, his parents, guardian, custodian, or attorney, the Court may postpone (continue) the hearing for a reasonable time.

(g) Amendment of pleadings; Continuances. When it appears, during the course of any proceeding in a child's case that the evidence presented points to material facts not alleged in the petition, the Court may proceed to consider forthwith the additional or different matters raised by the evidence. In such event, the Court, on motion of any interested party or on its own motion, shall direct that the petition be amended to conform to the evidence. The Court shall grant such continuance as justice may require.

(h) Proceedings; Civil in nature. Proceedings in children's cases shall be regarded as civil proceedings with the Court exercising equitable power. Children's cases shall be handled separately from adult cases.

(i) Hearings; Record. A verbatim record by either a stenographic, or electrical, or mechanical recording device shall be taken in all cases processed through juvenile court. The Court may destroy such record at its discretion but no sooner than sixty (60) days after the time for appeal has expired. In no event shall a record be destroyed if a case is to be further reviewed by the Court.

(j) Use of juvenile records.

(1) Throughout and upon the completion of the juvenile delinquency proceeding, the records shall be safeguarded from disclosure to unauthorized persons. The records shall be released to the extent necessary to meet the following circumstances:

(A) inquiries received from another court of law;

(B) inquiries from an agency preparing a pre-sentence report for another court

(C) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position within that agency;

(D) inquiries, in writing, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the Court;

(E) inquiries from an agency considering the person for a position

immediately and directly affecting the national security; and

(F) inquiries from any victim of such juvenile delinquency, or if the victim is deceased from the immediate family of such victim.

(2) Unless otherwise authorized by this section, information about the juvenile record may not be released when the request for information is related to an application for employment, license, bonding, or any civil right or privilege.

(3) Whenever a juvenile is found guilty of committing an act, which if committed by an adult would be a felony that is a crime of violence, such juvenile shall be fingerprinted and photographed. Fingerprints and photographs of a juvenile who is prosecuted as an adult shall be made available in the manner applicable to adults.

(4) Unless a juvenile who is taken into custody is prosecuted as an adult neither the name nor picture of any juvenile shall be made public in connection with a juvenile delinquency proceeding.

(k) Special rules of procedure; Traffic violations. Court may adopt special rules of procedure to govern proceedings involving violations by children of traffic laws or ordinances.

(l) Presence of parents; Protection of child. The Court shall insure the presence at the hearing of one or both parents or of the guardian of the child. The Court will appoint a Guardian Ad Litem to protect the welfare of the child, whenever the Court deems it necessary.

(m) Maintenances of order during hearings. Upon request of the Court, the Captain of Police, or his appointee or other officer shall aid the Court in maintaining order during any hearing.

(n) Consolidation of proceedings. When more than one child is involved in a home situation which may be found to constitute neglect/dependency, the proceedings may be consolidated, except that separate hearings may be held with respect to disposition. The above provision will not apply to delinquency cases.

(o) Hearings; Evidence. For the purpose of determining proper disposition of the child and for the purpose of establishing the fact of neglect or dependency, written reports and other material relating to the child's mental, physical, and social history and condition, may be received in evidence and must be considered by the Court along with other evidence, but the Court may require that the person who wrote the report or prepared the material appear as a witness if he is reasonably available.