What must the juvenile division judge do once the referral document and investigation report point to the need for a hearing, and who must be told of it?
General information · Not legal advice
Material to check
In a practice file, we read the referral document and the investigator's investigation report, because the judge's decision rests on those two papers, then the written decision opening the hearing, and the papers showing what was notified to the case subject and the guardian, and when.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading makes the decision compulsory rather than optional: once the juvenile division judge, taking the referral document and the investigator's investigation report together, recognises that the case needs to be heard, the judge shall make a decision opening the hearing, and the file should show both papers standing behind that decision.
Another reading focuses on the notice: the decision must be communicated to the case subject and the guardian, and with it the gist of the reasons for opening the hearing and the statement that an assistant may be appointed, yet the provision sets out neither the form of notification nor how full that gist must be.
Your judgment
What in the notification paper would show that the reasons given as the gist were enough for the case subject to understand why the hearing was opened?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who must be notified or what the notification must contain, or if a court decision sets how the notification must be given or how full the gist of reasons must be.