§ 16–2399.06. Adjudicatory hearings.

*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*

(a) The court shall begin the adjudicatory hearing by determining whether all parties are present and whether proper notice of the hearing has been given.

(b) All parties have the right to present evidence and cross-examine witnesses.

(c) The court shall hear evidence presented by the proposed guardian or vulnerable youth and the burden of proof shall rest upon the proposed guardian or vulnerable youth.

(d) Every party shall have the right to present evidence, to be heard on his or her own behalf, and to cross-examine witnesses called by another party.

(e) All evidence which is relevant, material, and competent to the issues before the court shall be admitted.

(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or domestic partner privilege nor the physician/client or mental health professional/client privilege shall be a ground for excluding evidence in any proceeding brought under this subchapter.

(g) The court may enter, modify, or terminate a guardianship order after considering all of the evidence presented, and after making a determination based upon a preponderance of the evidence that creation, modification, or termination of the guardianship order is in the vulnerable youth's best interests. If the court does not find that sufficient grounds exist to create, modify, or terminate a guardianship order, the petition may be dismissed.