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All juvenile proceedings are confidential, and juvenile
trials or adjudication hearings are heard by a judge without a jury. The hearing
is closed to the public. Present at the hearing will be the juvenile, the defense
attorney, parents or guardians, the district attorney who will represent the state,
the victim(s) of the crime, the juvenile probation of officer, and, in dependency
cases, a representative of the Department of Human Resources.
At the adjudication hearing, the judge will explain to
the parties their rights, the substance of the petition and the specific allegations,
the nature of the adjudication hearing, and the alternatives that are available
to the court should the allegations be admitted or proven. The court will then inquire
of the juvenile whether he or she admits or denies all or some of the allegations
contained in the petition. An admission of the allegations is similar to
a plea of "guilty" in adult court; a denial of the allegations is similar
to a plea of "not guilty." If a juvenile fails or refuses to admit any of the allegations,
the judge will enter a denial.
If the juvenile denies the allegations of the petition,
the hearing will continue and the testimony of witnesses will be taken. The procedures
for conducting the adjudication hearing are similar to those of a civil bench trial,
that is, a trial by a judge without a jury.
At the close of the hearing, the court shall find that
either (1) the facts alleged in the petition are true and the child is dependent,
in need of supervision, or delinquent and in need of care or rehabilitation or (2)
the facts alleged in the petition are not true and the child is not in need of care
or rehabilitation, in which event, the petition must be dismissed.
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