US Laws, Codes, Statutes & Cases

      38-1553.   Stipulations. In any proceedings under this code, an interested party may stipulate that all or part of the allegations stated in the petition are true.

      Prior to the acceptance of any stipulation, other than stipulations to names, ages, parentage or other formal matters, the court shall make the following inquiry of the stipulating party:

      (a)   Do you understand that you have a right to a hearing on the allegations contained in the petition;

      (b)   do you understand that you may be represented by an attorney and, if you are a parent and financially unable to employ an attorney, the court will appoint an attorney for you, if you so request;

      (c)   do you understand that a stipulation is an admission that the allegation stipulated to is true;

      (d)   do you understand that, if the court accepts the stipulations of the interested parties as to allegations of the petition, the court may adjudge the child to be a child in need of care and the court will make further orders as to the care, supervision and custody of the child; and

      (e)   do you understand that, if the court adjudges the child to be a child in need of care, the court is not bound by any agreement of the parties as to the disposition or placement of the child

      The court shall be satisfied that there is a factual basis for the stipulations. If all interested parties do not stipulate, the court shall hear evidence as to those other interested parties who are not in default.

      History:   L. 1982, ch. 182, § 41; Jan. 1, 1983.