[587A-14] Notice of hearings; participation of resource family. (a) Notice of hearings shall be served on the parties; provided that no further notice is required for any party who defaulted or was given actual notice of a hearing while present in court. Notice of hearings shall be served no less than forty-eight hours before the scheduled hearing, subject to a shortening of time as ordered by the court.

(b) The child's current resource family shall be served written notice of hearings no less than forty-eight hours before a scheduled hearing; provided that no further notice shall be provided to a resource family that was given actual notice of a hearing while present in court, subject to a shortening of time as ordered by the court.

(c) No hearing shall be held until the child, the child's current resource family, and all other parties are given notice of the hearing or are served, as required by this section.

(d) The child's current resource family is entitled to participate in the proceedings to provide information to the court, either in person or in writing, concerning the current status of the child in their care.

(e) The court may not convene a hearing under this chapter unless the court enters a finding that each of the parties required to be notified of the hearing has been served with a copy of the petition; provided that if a party is required to be summoned to a temporary foster custody or return hearing and has not been served with the summons, the court may proceed with the hearing if:

(1) A reasonable effort has been made to effect personal service;

(2) It would not be in the best interests of the child to postpone the proceeding until service can be effectuated; and

(3) The child is represented by a guardian ad litem or counsel.

(f) For purposes of this section, "party" or "parties" shall include the current foster parents. [L 2010, c 135, pt of 1]

 

 

Previous Vol12_Ch0501-0588 Next