RULE 8.340. DISPOSITION HEARINGS

(a) Information Available to Court. At the disposition
hearing, the court, after establishing compliance with the
dispositional considerations, determinations, and discussions
required by law, may receive any relevant and material evidence
helpful in determining the proper disposition to be made. It must
include written reports required by law, and may include, but is not
limited to, any psychiatric or psychological evaluations of the child
or his or her parent, caregiver, or legal custodian that may be
obtained and that are relevant and material. Such evidence may be
received by the court and may be relied upon to the extent of its
probative value, even though not competent in an adjudicatory
hearing.

(b) Disclosure to Parties. All parties are entitled to
disclosure of all information in all reports submitted to the court.

(c) Orders of Disposition. The court shall in its written
order of disposition include:

(1) the placement or custody of the child;

(2) special conditions of placement and visitation;

(3) evaluation, counseling, treatment activities, and
other actions to be taken by the parties, if ordered;

(4) persons or entities responsible for supervising or
monitoring services to the child and parent;

(5) continuation or discharge of the guardian ad litem,
as appropriate;

(6) date, time, and location and communication
technology information to be used to facilitate remote attendance at
the next scheduled review hearing, as required by law;

(7) child support payments, if the child is in an out-of-
home placement;

(8) if the child is placed in foster care, the reasons why
the child was not placed in the legal custody of an adult relative,
legal custodian, or other adult approved by the court and a further
determination as to whether diligent efforts were made by the
department to locate an adult relative, legal custodian, or other
adult willing to care for the child instead of placement with the
department;

(9) such other requirements to protect the health,
safety, and well-being of the child, to preserve the stability of the
child’s child care, early education program, or any other
educational placement, and to promote family preservation or
reunification whenever possible; and

(10) approval of the case plan and any reports required
by law as filed with the court. If the court does not approve the case
plan at the disposition hearing, the court must set a hearing within
30 days after the disposition hearing to review and approve the case
plan.

Committee Notes
1992 Amendment. Dismissal of a petition is not appropriate
after adjudication.