MOTION TO SUPPLEMENT ORDER OF ADJUDICATION, DISPOSITION ORDER, AND CASE PLAN

(a) Motion. After the court has entered an order of adjudication of dependency, any party may file a motion for the court to supplement the order of adjudication with findings that a parent or legal custodian contributed to the dependency status of the child under the statutory definition of a dependent child. The motion may also request that the court supplement the disposition order and the case plan.

(b) Contents. The motion must:

(1) identify the age, sex, and name of the children whose parent or legal custodian is the subject of the motion;

(2) specifically identify the parent or legal custodian who is the subject of the motion; and

(3) allege sufficient facts showing that a parent or legal custodian contributed to the dependency status of the child under the statutory definition of a dependent child.

(c) Verification. The motion must be signed under oath, stating that the signer is filing the motion in good faith.

(d) Amendments. At any time before the conclusion of an evidentiary hearing on the motion, an amended motion may be filed or the motion may be amended by oral motion. A continuance may be granted on motion and a showing that the amendment prejudices or materially affects any party.

(e) Notice.

(1) In General. Parents or legal custodians who have previously been properly served with the dependency petition or who have previously appeared in the dependency proceeding must be served with a notice of hearing and copies of the motion and the initial order of adjudication of dependency in the same manner as the service of documents that are filed after the service of the initial dependency petition as provided in these rules. The notice must require the person on whom it is served to appear for the preliminary hearing on the motion at a time and place specified, not less than 72 hours after service of the motion. The document containing the notice to respond or appear must contain, in type at least as large as the balance of the document, the following or substantially similar language: “FAILURE TO APPEAR AT THE PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR CHILDREN).” If the hearing will be held through communication technology, the notice must include instructions for appearing at the hearing through communication technology.

(2) Summons.

(A) Parents or legal custodians who have not been properly served with the dependency petition or who have not previously appeared in the dependency proceeding must be properly served with a summons and copies of the motion and the initial order of adjudication of dependency. The summons must require the person on whom it is served to appear for a preliminary hearing on the motion at a time and place specified, not less than 72 hours after service of the summons. The summons must contain, in type at least as large as the balance of the document, the following or substantially similar language: “FAILURE TO APPEAR AT THE PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR CHILDREN).” If the hearing will be held through communication technology, the notice must include instructions for appearing at the hearing through communication technology.

(B) On the filing of the motion and upon request, the clerk must issue a summons.

(C) The movant is not required to serve a summons on a parent or legal custodian who has previously been properly served with the dependency petition or who has appeared in the dependency proceeding.

(D) The summons must be served in the same manner as service of a dependency petition as required by law.

(E) Service by publication of the motion is not required.

(F) If the location of the party to be served is unknown, the court may enter an order granting the motion only if the movant has properly served the person subject to the motion, the person subject to the motion has appeared in the proceeding, or the movant has conducted a diligent search and filed with the court an affidavit of diligent search.

(G) Appearance of any person in a hearing before the court on the motion eliminates the requirement for serving process on that person.

(H) A party may consent to service or summons by e-mail by providing a primary e-mail address to the clerk of court.

(f) Preliminary Hearing on Motion.

(1) The court must conduct a preliminary hearing and determine whether the parent or legal custodian who is the subject of the motion:

(A) has been properly served with the summons or notice, and with copies of the motion and initial order of adjudication of dependency;

(B) is represented by counsel or is entitled to appointed counsel as provided by law; and

(C) wishes to challenge the motion or consent to the court granting the motion.

(2) If the parent or legal custodian who is the subject of the motion wishes to challenge the motion, the court must schedule an evidentiary hearing on the motion within 30 days.

(3) If the parent or legal custodian who is the subject of the motion wishes to consent to the motion without admitting or denying the allegations of the motion, the court must enter an order supplementing the initial order of adjudication of dependency based on the sworn allegations of the motion. Failure of the person properly served with notice to appear at the preliminary hearing on the motion constitutes the person’s consent to the court’s finding that the person contributed to the dependency status of the child under the statutory definition of a dependent child.

(g) Evidentiary Hearing.

(1) Hearing Procedures. The hearing must be conducted in the same manner and with the same procedures as the adjudicatory hearing on the dependency petition as provided in these rules.

(2) Motion for Judgment Denying Motion. In all proceedings, if at the close of the evidence for the movant, the court is of the opinion that the evidence is insufficient to warrant findings that a parent or legal custodian contributed to the dependency status of the child under the statutory definition of a dependent child, it may, and on the motion of any party must, enter an order denying the motion for insufficiency of the evidence.

(3) Denial of Motion. If the court, at the conclusion of the evidence, finds that the allegations in the motion have not been sustained, the court must enter an order denying the motion.

(4) Granting of the Motion. If the court finds that the movant has proven the allegations of the motion, the court must enter an order granting the motion as provided in these rules.

(5) Failure to Appear. If a person appears for the preliminary hearing on the motion and the court orders that person to appear at the evidentiary hearing on the motion, stating the date, time, and place of the evidentiary hearing, then that person’s failure to appear for the scheduled evidentiary hearing constitutes consent to the court’s finding that the person contributed to the dependency status of the child under the statutory definition of a dependent child.

(h) Supplemental Order of Adjudication.

(1) If the parent or legal custodian consents to the motion and its allegations or if the court finds that the movant has proven the allegations of the motion at an evidentiary hearing, the court must enter a written order granting the motion and specifying facts that support findings that a parent or legal custodian contributed to the dependency status of the child under the statutory definition of a dependent child and stating whether the court made the finding by a preponderance of the evidence or by clear and convincing evidence.

(2) If necessary, the court must schedule a supplemental disposition hearing within 15 days.

(3) The court must advise the parent who is the subject of the motion that if the parent fails to substantially comply with the case plan, parental rights may be terminated.

(4) If the child is in out-of-home placement, the court must inquire of the parents whether the parents have relatives who might be considered as placement for the child. The parents must provide to the court and to all parties the identity and location of the relatives.

(i) Supplemental Disposition Hearing.

(1) Hearing. If necessary, the court must conduct a supplemental disposition hearing under the same procedures for a disposition hearing and case plan review hearing as provided by law.

(2) Supplemental Reports and Case Plan.

(A) A written case plan and any reports required by law prepared by an authorized agent of the department must be filed with the court, served on the parents of the child, provided to the representative of the guardian ad litem office, if the office has been appointed, and provided to all other parties not less than 72 hours before the supplemental disposition hearing.

(B) The court may grant an exception to the requirement for any reports required by law by separate order or within the judge’s order of disposition upon a finding that all the family and child information required by law is available in other documents filed with the court.

(3) Supplemental Order of Disposition. The court must in its written supplemental order of disposition include:

(A) the placement or custody of the child;

(B) special conditions of placement and visitation;

(C) evaluation, counseling, treatment activities, and other actions to be taken by the parties, when ordered;

(D) the names of the supervising or monitoring agencies, and the continuation or discharge of the guardian ad litem, when appropriate;

(E) the date, time, and location for the next case review as required by law;

(F) child support payments, if the child is in an out-of-home placement;

(G) if the child is placed in foster care, the reasons why the child was not placed in the legal custody of an adult relative, legal custodian, or other adult approved by the court;

(H) approval of the case plan and any reports required by law or direction to amend the case plan within 30 days; and

(I) such other requirements as are deemed necessary to protect the health, safety, and well-being of the child.