45.0331 Adjudicatory hearing-Consideration of additional evidence-Amendment of petition.

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(a) When it appears that the evidence presented at the hearing as provided in 45.0330 discloses facts not alleged in the petition, the court may proceed immediately to consider the additional or different matters raised by the evidence if the parties consent.

(b) In that event, the court, on the motion of any interested party or on its own motion, shall order the petition to be amended to conform to the evidence.

(c) If the amendment results in a substantial departure from the original allegations in the petition, the court shall continue the hearing on the motion of any interested party, or the court may grant a continuance on its own motion if it finds it to be in the best interests of the child or any other party to the proceeding.

(d) If it appears from the evidence that the child may be mentally ill or developmentally disabled, subsections (a) to (c) do not apply, and the court shall proceed under 45.0336.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-3-106.