§ 9-27-315. Probable cause hearing

AR Code § 9-27-315 (2018) (N/A)
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(a) (1) (A) Following the issuance of an emergency order, the circuit court shall hold a probable cause hearing within five (5) business days of the issuance of the ex parte order to determine if probable cause to issue the emergency order continues to exist.

(B)

(i) The hearing shall be limited to the purpose of determining whether probable cause existed to protect the juvenile and to determine whether probable cause still exists to protect the juvenile.

(ii) However, the issues as to custody and delivery of services may be considered by the court and appropriate orders for that entered by the court.

(iii) No further evidence shall be presented at the probable cause hearing regarding issues agreed to by the parties if the court accepts a stipulated agreement by the parties that specifies the facts and findings of law supporting the probable cause order that are agreed to by the parties.

(iv) If a stipulated agreement under subdivision (a)(1)(B)(iii) of this section is accepted by the court, testimony or evidence specifically addressing the allegations in the petition shall be reserved for adjudication and the petitioner has the burden of proving the allegations during the adjudication hearing.

(2)

(A) All other issues, with the exception of custody and services, shall be reserved for hearing by the court at the adjudication hearing, which shall be a separate hearing conducted subsequent to the probable cause hearing.

(B) By agreement of the parties and with the court's approval, the adjudication hearing may be conducted at any time after the probable cause hearing, subject to § 9-27-327(a)(2).

(b) The petitioner shall have the burden of proof by a preponderance of evidence that probable cause exists for continuation of the emergency order.

(c) If the court determines that the juvenile can safely be returned to his or her home pending adjudication and it is in the best interest of the juvenile, the court shall so order.

(d)

(1) At the probable cause hearing, the court shall set the time and date of the adjudication hearing.

(2) [Repealed.]

(3) A written order shall be filed by the court or by a party or party's attorney, as designated by the court, within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.

(e) All probable cause hearings are miscellaneous proceedings as defined in Rule 1101(b)(3) of the Arkansas Rules of Evidence, and the rules of evidence, including, but not limited to, the hearsay rule, Rule 802 of the Arkansas Rules of Evidence, are not applicable.