Page:United States Statutes at Large Volume 84 Part 1.djvu/592

 534

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"(c) All hearings and proceedings under this subchapter shall be recorded by appropriate means. Except in hearings to declare a person in contempt of court, the general public shall be excluded from hearings arising under this subchapter. Only persons necessary to the proceedings shall be admitted, but the Division ma^, pursuant to rule of the Superior Court, admit such other persons (mcluding members of the press) as have a proper interest in the case or the work of the court on condition that they refrain from divulging information identifying the child or members of his family involved in the proceedings. " (d) If the Division finds that it is in the best interest of the child, it may temporarily exclude him from any proceeding except a factfinding hearing. If the petition alleges neglect, the child may also be temporarily excluded from a factfinding hearing. In any case, counsel for the child may not be excluded. "§ 16-2317. Hearings, findings; dismissal " (a) Except as otherwise provided by statute or court rule, all motions shall be heard at the time of the factfinding hearing. "(b) After a factfinding hearing on the allegations in the petition, the Division shall make and file written findings in all cases as to the truth of the allegations, and in neglect cases, he shall also make and file written findings as to whether the child is neglected. If the Division finds that— "(1) in the case of a delinquency petition, that the allegations have not been established by proof beyond a reasonable doubt, or "(2) in the case of a need of supervision or neglect petition, that the allegations have not been established by the preponderance of the evidence, the Division shall dismiss the petition and order the child released from any de'^ention or shelter care or other restriction previously ordered. If the proceedings are not terminated after the factfinding hearing, the Division shall review the need for detention or shelter care of the child. "(c) If the Division finds in a factfinding hearing that— "(1) the allegations in a delinquency petition have been established by proof beyond a reasonable doubt, or "(2) the allegations in a need of supervision or neglect petition have been established by the preponderance of the evidence, the Division, after giving the notice required by subsection (e) of this section, shall proceed to hold a dispositional hearing. The Division may postpone a dispositional hearing to await the predisposition study and report of the Director of Social Services required by section 162319. In the absence of evidence to the contrary, a finding of the commission of an act which would constitute a criminal offense if committed by an adult is sufficient to sustain a finding of need for care or rehabilitation in delinquency and need of supervision cases. " (d) If the Division finds that the child is not in need of care or rehabilitation it shall terminate the proceedings and discharge the child from detention, shelter care, or other restriction previously ordered. "(e) The Division shall give prompt notice of any dispositional hearing as follows: "(1) I n delinquency and need of supervision cases, to the child, his spouse (if any), and his parent, guardian, or custodian. "(2) In neglect cases, to the child and to the parent, guardian, or custodian named in the petition if he can be found. "§ 16-2318. Order of adjudication noncriminal "A consent decree, order of adjudication, or order of disposition in a proceeding under this subchapter is not a conviction of crime and does not impose any civil disability ordinarily resulting from a con-

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