Required Findings Concerning Notice Prior to a Hearing in a Child Protective Proceeding

(a)No hearing may commence under this Chapter unless the court enters a finding that each of the parties required to be notified pursuant to § 13306 has been served with a copy of the petition, provided that if a member or members of the child’s family required to be notified pursuant to § 13306 have not been served, the court may proceed to hear any child protective proceeding under this Chapter and enter orders concerning the parties who have been served if the court is satisfied that:

(1)A reasonable effort has been made to effect personal service;

(2)It would not be in the best interests of the child to postpone the proceeding until service can be effectuated; and

(3)The child is represented by a guardian ad litem or counsel.

(b)The court may set a continued hearing date; provided that: CH. 13 CHILD PROTECTIVE ACT

(1)The court may waive the appearance of any party at the continued hearing date; and

(2)If the court orders that service of summons be made by mail or publication, the court shall set the continued hearing date not less than 21 days subsequent to the date of service evidenced by the signature on a return receipt or the date of the last publication.

(c)Upon the continued hearing date, the court shall:

(1)Enter a default concerning a party who was served but failed to appear on the continued hearing date;

(2)Order the party who was served to appear on the date of the next scheduled hearing in the case; or

(3)If a member of the child’s family required to be notified pursuant to § 13306 was served and appears on the continued hearing date and moves the court that a prior order be vacated or modified, the court shall set the oral motion to vacate prior orders for a hearing and order that the moving party file a written motion and serve the other parties with proper written notice of the motion and hearing date.

(d)In considering a party’s motion to vacate or modify prior orders, the court need not commence a trial or hearing de novo, but rather, after such further hearing as the court deems to be appropriate may proceed to enter such orders as are in the best interests of the child.