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LJuCR 4.3. Notice of Termination Hearings
Local Juvenile Court Rule - Proceedings to Terminate Parent-Child Relationship
(a) Generally.
(1) Publication. Any motion for publication shall (a) include a proposed order setting a date for a termination of publication (TOP) hearing no sooner than 70 days after the filing of the motion and (b) demonstrate that the statutory requirements for publication have been met.
(2) Notice to Counsel. In all cases where a party is represented by counsel in the underlying dependency action, in addition to service of the summons as otherwise required, the petitioner shall provide counsel with a copy of the petition, notice and summons, and case schedule. If by statute or LJuCR 2.0 the youth is entitled to appointment of counsel and is not represented, the petitioner shall provide copies of those documents to the appropriate public defense entity for appointment of counsel for the youth.
(3) Notice and Summons. In addition to the information that by statute or other rule is required to be included, the notice and summons shall state substantially as follows: “If you do not appear the court may enter in your absence a default order and an order permanently terminating your parental rights.”
(4) Case Schedule. When a new case is opened by the filing of a petition, the clerk will prepare and file a case schedule. The petitioner shall serve a copy of the case schedule on all parties who by law or this rule are entitled to service or notice of the summons. The case schedule will set the termination fact finding hearing no more than 150 days after the filing of the termination petition.
(b) Indian Children. (Reserved).
[Effective January 2, 1994; amended effective July 1, 1994; August 20, 1998; September 1, 2005; January 1, 2006; September 2, 2013; September 1, 2016; September 1, 2023.]
(1) Publication. Any motion for publication shall (a) include a proposed order setting a date for a termination of publication (TOP) hearing no sooner than 70 days after the filing of the motion and (b) demonstrate that the statutory requirements for publication have been met.
(2) Notice to Counsel. In all cases where a party is represented by counsel in the underlying dependency action, in addition to service of the summons as otherwise required, the petitioner shall provide counsel with a copy of the petition, notice and summons, and case schedule. If by statute or LJuCR 2.0 the youth is entitled to appointment of counsel and is not represented, the petitioner shall provide copies of those documents to the appropriate public defense entity for appointment of counsel for the youth.
(3) Notice and Summons. In addition to the information that by statute or other rule is required to be included, the notice and summons shall state substantially as follows: “If you do not appear the court may enter in your absence a default order and an order permanently terminating your parental rights.”
(4) Case Schedule. When a new case is opened by the filing of a petition, the clerk will prepare and file a case schedule. The petitioner shall serve a copy of the case schedule on all parties who by law or this rule are entitled to service or notice of the summons. The case schedule will set the termination fact finding hearing no more than 150 days after the filing of the termination petition.
(b) Indian Children. (Reserved).
[Effective January 2, 1994; amended effective July 1, 1994; August 20, 1998; September 1, 2005; January 1, 2006; September 2, 2013; September 1, 2016; September 1, 2023.]