Rule 35a-1. Adjudication upon Acceptance of Admission or Plea of Nolo Contendere

(a) Notwithstanding any prior statements acknowledging responsibility, the judicial authority shall inquire whether the allegations of the petition are presently admitted or denied. This inquiry shall be made of the parent, parents or guardian in neglect, abuse or uncared for matters, and of the parent or parents in termination matters.

(b) An admission to allegations or a plea of nolo contendere may be accepted by the judicial authority. Before accepting an admission or plea of nolo contendere, the judicial authority shall determine whether the right to trial has been waived, and that the parties understand the content and consequences of their admission or plea. If the allegations are admitted or the plea accepted, the judicial authority shall make its adjudicatory finding as to the validity of the facts alleged in the petition and may proceed to a dispositional hearing. Where appropriate, the judicial authority may permit a noncustodial parent or guardian to stand silent as to the entry of an adjudication. The judicial authority shall determine whether a noncustodial parent or guardian standing silent understands the consequences of standing silent.

Committee Notes

(Amended June 30, 2008, to take effect Jan. 1, 2009; amended June 10, 2022, to take effect Jan. 1, 2023.) amended June 30, 2008, to take effect Jan. 1, 2009; amended