RULE 8.525. ADJUDICATORY HEARINGS

(a) Hearing by Judge. The adjudicatory hearing must be
conducted by the judge without a jury using the rules of evidence
for civil cases. At this hearing the court must determine whether
the elements required by law for termination of parental rights have
been established by clear and convincing evidence.

(b) Time of Hearing. The adjudicatory hearing must be held
within 45 days after the advisory hearing, unless all necessary
parties stipulate to some other hearing date. Reasonable
continuances may be granted for purposes of investigation,
discovery, procuring counsel or witnesses, or for other good cause
shown.

(c) Examination of Witnesses. A party may call any person,
including a child, as a witness. A party has the right to examine or
cross-examine all witnesses.

(d) Presence of Parties. All parties have the right to be
present at all termination hearings. A party may appear in person
or, at the discretion of the court for good cause shown, by
communication technology. No party may be excluded from any
hearing unless so ordered by the court for disruptive behavior or as
provided by law. If a parent appears for the advisory hearing and
the court orders that parent to appear at the adjudicatory hearing
for the petition for termination of parental rights, stating the date,
time, and location of this hearing and, if the hearing will be held
through communication technology, instructions for appearing at
the hearing through communication technology, then failure of that
parent to appear at the adjudicatory hearing constitutes consent for
termination of parental rights.

(e) Examination of Child. The court may hear the
testimony of the child outside the physical presence of the parties
as provided by rule 8.255. Counsel for the parties must be present
during all examinations. The court may limit the manner in which
counsel examine the child.
(f) Previous Testimony Admissible. To avoid unnecessary
duplication of expenses, in-court testimony previously given at any
properly noticed hearing may be admitted, without regard to the
availability of the witnesses, if the recorded testimony itself is made
available. Consideration of previous testimony does not preclude
the parties from calling the witness to answer supplemental
questions.

(g) Joint and Separate Hearings. When 2 or more children
are the subject of a petition for termination of parental rights, the
hearings may be held simultaneously if the children are related to
each other or involved in the same case, unless the court orders
separate hearings.

(h) Motion for Judgment of Dismissal. In all termination of
parental rights proceedings, if at the close of the evidence for the
petitioner the parents move for a judgment of dismissal and the
court is of the opinion that the evidence is insufficient to sustain
the grounds for termination alleged in the petition, it must enter an
order denying the termination and proceed with dispositional
alternatives as provided by law.

(i) Advisement of Right to Appeal and File Ineffective
Assistance of Counsel Motion. At the conclusion of the
adjudicatory hearing, the court must orally inform the parents of
the right to appeal any order terminating parental rights to the
district court of appeal and the right to file a motion in the circuit
court claiming that counsel provided ineffective assistance.

(j) Order.

(1) Terminating Parental Rights.

(A) If the court finds after all of the evidence has
been presented that the elements and one of the grounds for
termination of parental rights have been established by clear and
convincing evidence, the court must enter a written order
terminating parental rights and proceed with dispositional
alternatives as provided by law within 30 days after conclusion of
the adjudicatory hearing.
(B) The order must contain the findings of fact and
conclusions of law on which the decision was based. The court
must include the dates of the adjudicatory hearing in the order.

(C) The order must include a brief statement
informing the parents of the right to appeal the order to the district
court of appeal and the right to file a motion in the circuit court
alleging that counsel provided ineffective assistance and a brief
explanation of the procedure for filing such a claim.

(D) The parties may stipulate, or the court may
order, that parents or relatives of the parent whose rights are
terminated be allowed to maintain some contact with the child. If
the court orders continued contact, the nature and frequency of
this contact must be stated in a written order. The visitation order
may be reviewed on motion of any party, including a prospective
adoptive parent, and must be reviewed by the court at the time the
child is placed for adoption.

(2) Denying Termination of Parental Rights. If the court
finds after all of the evidence has been presented that the grounds
for termination of parental rights have not been established by clear
and convincing evidence, but that the grounds for dependency have
been established by a preponderance of the evidence, the court
must adjudicate or readjudicate the child dependent and proceed
with dispositional alternatives as provided by law.

(3) Dismissing Petition. If the court finds after all of the
evidence has been presented that the allegations in the petition do
not establish grounds for dependency or termination of parental
rights, it must enter an order dismissing the petition.