Child and Family Services Policy > Section XI - Legal and Investigative Resources and Procedures > XI. H. Waiver of Ten Day Time Period Prior to Child Protection Hearing

PURPOSE

To allow waiver of ten days time requirement prior to the full hearing when such waiver is in the best interest of all parties.

LEGAL BASE

Title 22 §4033(1), requires that all parties be served, but permits a party to waive the ten day time period before hearing, if the waiver is written and voluntarily and knowingly executed in court before the judge.

One party cannot waive rights of another party.

PRACTICE STANDARDS

1.	A preliminary protection order will be sought if it appears that the child is in immediate risk of serious harm and cannot otherwise be protected in the period pending final hearing on the petition.

Parents may consent to a preliminary protection order (see Consenting to a Preliminary Protection Order, subsection G).

2.	The most likely circumstances in which the Department might seek a waiver of 10 days notice are:

a.	Amended petition, correcting a minor technicality.

b.	Problems related to service or proof of service.

All parties are present at the hearing on the preliminary protection order and are in agreement as to what they want as a final disposition on the petition, and when only the 10 day notice requirement poses a legal barrier, waiver of the notice period will allow the hearing on preliminary protection order to be consolidated with a final hearing on the petition and the later hearing will not be necessary.

3.	The Assistant Attorney General will be contacted regarding:

a.	Whether to seek a waiver of the ten day time period of full hearing, and

b.	Procedures to be followed.

4.	Staff will explain to the person his rights and the full significance of the waiver, preparing him for the interview with the judge.

5.	An appointment will be made with the court.

6.	The judge will determine whether the person is voluntarily and knowingly waiving the ten day time period, if so, will accept his written waiver.

PROCEDURES

1.	Wording of the waiver will be discussed with the Assistant Attorney General and the judge. It may be prepared by either the Department or the court.

2.	Waiver will be in the format agreed upon by the judge.

a.	It may be typed on the petition

b.	A separate document may be developed.

3.	Distribution:

a.	Original to court with petition

b.	Copy for each parent and interested party

c.	Copies for Department (one stapled to each petition).