2019 US Virgin Islands Code
Title 5 - Judicial Procedure
Subtitle 2 - Family Division Procedure
Chapter 201 - Family Division of the Superior Court
Subchapter IV - Abuse and Neglect Matters
§ 2548. Adjudicatory hearing for abuse and neglect matters
(a) Except as provided pursuant to section 2544 of this title, abuse and neglect proceedings shall be instituted with the filing of a written petition or complaint giving with particularity all factual and other allegations relied upon asserting that a child is abused or neglected. Adjudicatory hearings shall be heard within ninety (90) days after the filing of a petition or complaint unless:
(1) good cause is shown; or
(2) there is consent by all of the parties; or
(3) the parties entered into a continuance in contemplation of dismissal.
(b) All hearings under this subchapter shall be dealt with by the Family Division and shall be heard without a jury. All hearings and proceedings shall be recorded either by stenographic notes, or by electric, mechanical, or other appropriate means.
(c) The court shall proceed to hear evidence on the complaint or petition. The court shall record its findings. If the court finds the allegations in the complaint or petition have not been established, it shall dismiss the complaint or petition and order the child discharged from any shelter care or emergency temporary care heretofore ordered in the proceeding.
(d) Any finding of child neglect or abuse shall be based upon clear and convincing evidence which is relevant and material to the extent of its probative value.
(e) With the consent of all parties concerned the court shall conduct a dispositional hearing immediately following a finding of child abuse or neglect. Otherwise the court shall continue the hearing under this section for a reasonable period, not to exceed thirty days, except for good cause shown, to receive reports and other evidence bearing on the disposition of the complaint or petition. In this event the court shall make an appropriate order for shelter care subject to the supervision of the court during the period of the continuance.
(f) Except in hearings to declare a person in contempt of court, the general public shall be excluded from all hearings under this subchapter upon the motion by the respondent or the child. Upon the granting of the motion, only the parties, their counsels, witnesses, and persons requested by a party shall be admitted. Such other persons as the court finds to have proper interest in the case or in the work of the court may be admitted by the court, on condition that such persons refrain from divulging any information which would identify the child or family involved.
