Rule 4.  Notice of Hearing.

(a)   Scheduling and Notice. — Upon the filing of a petition, the circuit clerk shall provide a copy, within two days, to the appropriate court. The court shall schedule a hearing to be conducted within 10 days after the petition is filed. A notice of scheduled hearing shall be served along with the petition and summons in accordance with Rule 5 of these rules upon every non-petitioner parent whose rights have not been previously terminated; any other person with custodial interests listed in the petition; any minor named in the petition who is 14 years of age or more; and any counsel of record. The petitioner shall be served the notice of hearing by the court or clerk by first-class mail.

(b)  Continuance for Insufficient Notice. — At the time of the scheduled hearing, if all persons entitled to service of the petition and notice of the hearing have not been served at least 5 days prior to the hearing, or waived service in writing or on the record, the court shall continue the hearing. When all persons are served with the petition, the court shall promptly schedule and provide notice (by personal service or first-class mail) of the re-scheduled hearing, to take place within 30 days of the notice.

(c)  Temporary Guardian. — Upon a continuance of a hearing pursuant to subsection (b) above, at the request of the petitioner, or by the court upon its own motion, a temporary guardian for the minor may be appointed for the protection of the minor if the court finds such temporary appointment necessary, under such terms as the court finds appropriate. The court shall set the duration of the temporary guardian appointment, but such appointment shall not exceed six months. The court may extend the temporary guardianship upon further order finding continued need in the best interest of the minor.


Last Modified on RuleDex:

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