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§3.04
Explaining Process and Advising Parties of Their Rights
At the
initial hearing, unless waived by counsel, you must read the petition
to those present and inform them about [WIC §§316, 353;
CRC 5.668(a)]:
- The
reasons for the detention (if the child was detained);
- The
purpose of the proceedings; and
- What
happens if the petition is sustained.
Advise
the parties about and confirm that they understand their rights [WIC §§316, 316.1, 353; CRC 5.534(g),
(k), (m), (n), (p)]:
- To
be represented by counsel at every stage of the proceeding unless
waived, and to appointed counsel if indigent [WIC §§316, 317, 353; CRC
5.534(g)];
- To
assert the privilege against self-incrimination [WIC §311(b); CRC 5.534(k)(1)(A)];
- To
confront and cross-examine witnesses and persons who prepared reports
or documents submitted to the court [CRC 5.534(k)(1)(B)];
- To
use court process to obtain witnesses [CRC 5.534(k)(1)(C)]; and
- To
present evidence [CRC 5.534(k)(1)(D)].
Also
advise the parent or guardian that they must [WIC §316.1(a); CRC 5.534(m)]:
- Provide
a mailing address to the court; and
- Notify
the court, in writing, of any change of mailing address [see form JV-140].
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