45.0335 Adjudicatory hearing-Petition sustained.

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(a) When the court finds that the allegations of the petition are supported by evidence beyond a reasonable doubt in cases concerning delinquent children or children in need of supervision or by a preponderance of the evidence in cases concerning neglected or dependent children, except when the case is continued as provided in subsection (a) of 45.0332, the Court shall sustain the petition and shall make an order of adjudication setting forth whether the child is delinquent, in need of supervision, or neglected or dependent. In cases concerning neglected or dependent children, evidence that child abuse or nonaccidental injury has occurred constitutes prima facie evidence that the child is neglected or dependent and the evidence sufficient to support an adjudication under 45.0330 to 45.0335.

(b) The Court then holds the dispositional hearing, but the hearing may be continued on the motion of any interested party or on the motion of the Court.

History: 1980, PL 16-71, § 1.

Research Guide: CRS 19-3-106.