Second Regular Session S.B. 1079
COMMITTEE ON JUDICIARY
SENATE AMENDMENTS TO S.B. 1079
(Reference to printed bill)
Page 1, line 8, after "continued" strike remainder of line
Strike lines 9 through 29, insert "Unless it is necessary for the full, fair and proper presentation of evidence. A continuance of a procedural time limit may not be granted if the delay is not in the best interest of the child.
C. A CONTINUANCE BEYOND THIRTY DAYS SHALL be granted only on a FINDING OF EXTRAORDINARY CIRCUMSTANCES. EXTRAORDINARY CIRCUMSTANCES INCLUDE ACTS OR OMISSIONS THAT ARE UNFORESEEN OR UNAVOIDABLE.
D. A PARTY REQUESTING A CONTINUANCE OF MORE THAN THIRTY DAYS SHALL FILE A MOTION FOR AN EXTENSION OF TIME SETTING FORTH THE REASONS WHY EXTRAORDINARY CIRCUMSTANCES EXIST. THE MOTION SHALL BE FILED WITHIN FIVE DAYS OF THE DISCOVERY OF THE EXTRAORDINARY CIRCUMSTANCE. THE COURT'S FINDING OF EXTRAORDINARY CIRCUMSTANCES SHALL BE IN WRITING AND SHALL SET FORTH THE FACTUAL BASIS FOR THE CONTINUANCE.
E. THE COURT MAY NOT EXTEND THE PROCEDURAL TIME LIMIT PRESCRIBED BY SECTION 8-537 FOR A TOTAL PERIOD OF MORE THAN SIXTY DAYS UNLESS THE COURT MAKES A WRITTEN FINDING THAT SUBSTANTIAL EVIDENCE EXISTS THAT THE ADDITIONAL TIME IS IN THE BEST INTEREST OF THE CHILD."
Reletter to conform
Line 39, strike "petition is served on all parties" insert "initial severance hearing"
Page 2, line 43, strike "C." insert "C."
Line 44, after the second comma, strike remainder of line
Strike line 45
Page 3, line 1, strike "after the service of the dependency petition." insert "Unless the court has ordered in-home intervention, the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition."
Page 4, line 10, strike "termination" insert "guardianship"
Line 11, strike "motion to terminate is served on all parties" insert "initial guardianship hearing"
Amend title to conform