Pursuant to Sup. R. 5, the following case management plan establishes time frames for the timely disposition of cases. The time frames include time for service. Deviation from the established time frames is permissible to assure a just result.
Delinquency, Unruly, and Traffic Cases
(A) Complaint Filed and Youth Held in Detention
- A detention hearing will be held not later than 72 hours, or the next court day, whichever is earlier, after a child is placed in detention. Either a determination to set the matter for possible relinquishment of jurisdiction or a plea to the charges will be taken at this hearing [Juv. R. 7(F)(1)].
- If the charge was filed at the same time the child entered detention and the child denies the allegations, a trial will be held no later than 15 days after placement in detention. If the child is detained after the charge is filed, the trial will be held no later than 15 days after placement in detention. If a charge is filed and the child is already detained on other charges, the trial will be held within 15 days of the filing of the charge.
The prosecuting attorney’s filing of either a notice of intent to pursue or a statement of an interest in pursuing a serious youthful offender sentence shall constitute good cause for continuing the adjudicatory hearing date and extending detention or shelter care.
- Final disposition for any child in detention will be completed within 90 days of the child entering into custody.
(B) Complaint Filed and Child Not in Detention
- A plea hearing will be held within 30 days of a complaint being filed, and if possible, within 15 days.
- If the child admits to the charge, the Court will proceed to immediate disposition; or if appropriate, a dispositional hearing will be held within 21 days.
- If the child denies the allegations, a trial will be held within 30 days of the plea hearing, and if possible, within 15 days.
- Final disposition will be completed within 6 months of the adjudication [Juv. R. 29 (F)(2)].
- Continuances of any of the above stages may be granted upon a showing of good cause, but continuances should be for no longer than the period necessary to resolve the good cause.
Parentage and Child Support Cases
(A) Service of process will be sent as expeditiously as possible after the filing of the complaint.
(B) A hearing will be scheduled in a timely fashion to allow completion of service of process on the parties following the filing of the complaint.
(C) If a defendant admits the allegations in the complaint, the Court may proceed immediately to determination of a support order.
(D) If a defendant denies the allegations, the Court, at the pretrial hearing, may set the date for genetic testing. The date of the testing will be scheduled as soon as practicable following the pretrial hearing. The next pretrial will be scheduled as soon as practicable to allow for completion of the genetic testing.
(E) If genetic tests show exclusion, the Court may entertain a motion to dismiss.
(F) If genetic tests show inclusion:
- If a defendant changes his/her plea to admit, the Court may proceed immediately to determination of a support order;
- If a defendant continues to deny, a trial will be scheduled as soon as practicable.
(G) Continuances may be granted upon a showing of good cause, but the continuances should be for no longer than is necessary to resolve the good cause.
Custody and Parenting Time Cases
(A) Service of process will be sent as expeditiously as possible after the filing of the complaint along with notice of the initial hearing. The hearing shall be scheduled as soon as practicable.
(B) Pretrial matters, including completion of discovery, should be resolved at preliminary hearings. Trials will be scheduled as soon as practicable following the last preliminary hearing.
(C) Continuances may be granted upon a showing of good cause, but the continuance should not be longer than necessary to resolve the good cause.
(D) All custody/parenting time complaints will be resolved within the time guidelines set forth in the Rules of Superintendence.
Abuse, Neglect, and Dependency Cases
(A) Absent a voluntary agreement for care, when a child is removed from the home, a hearing will be held the next court date or within 72 hours, whichever is earlier.
(B) When a private agency files a request for permanent commitment based on a permanent surrender, a hearing will be held within 30 days from the filing.
(C) In all other cases, a hearing will be held no later than 21 days after the complaint is filed.
(D) An adjudicatory hearing will be held within 60 days of the complaint being filed.
(E) Disposition will occur no later than 90 days from the date a complaint was filed, unless the parties waive such period.
(F) Continuances may be granted upon a showing of good cause, but the continuances should be no longer than is necessary to resolve the good cause.
