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      CHC 623     


Art. 623.  Notice; right to be heard

A.  The department shall give notice of any court hearing regarding the child to his parents and other parties.  It shall also give such notice regarding any child in foster care to any foster parent, pre-adoptive parent, and relative providing care.  The department shall notify the court of each party's address and shall have a continuing duty to provide current information to the court about each party's whereabouts.

B.  The notice shall state the date, time, and place of the hearing and inform the recipient of his right to attend and be heard.

C.  A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel.  A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court.  If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter.  Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.

D.  If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at a hearing, the department shall report to the court whether notice was given or, if not, what diligent efforts were made to locate and notify the absent person.  The court may permit the hearing to be held in the person's absence.

E.  The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1.

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