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8.660 Petitions
(a) Contents of Petition.
(1) Only those authorized by law may file a petition
alleging that a child is in need of services. Each
petition shall be entitled a petition for child(ren) in need
of services and shall allege sufficient facts showing the
child to be in need of services based upon applicable
law.
(2) The petition shall contain allegations as to the
identity and residence of the parents or custodians, if
known.
(3) The petition shall identify the age, sex, and
name of the child. Two or more children may be the
subject of the same petition.
(4) More than one allegation of children in need
of services may appear on the same petition, in separate
counts.
(b) Verification. The petition shall be signed by
the petitioner, stating under oath the petitioner’s good
faith. No objection to the petition on the grounds that
it was not signed or verified, as herein provided, shall
be entertained after a plea to the merits.
(c) Amendments. At any time before or during
an adjudicatory hearing, an amended petition may
be filed or the petition may be amended by motion.
Amendments
shall be freely permitted in the interest
of justice and the welfare of the child. A continuance
may be granted upon motion and a showing that the
amendment prejudices or materially
affects any party.
(d) Defects and Variances. No petition or any count
thereof shall be dismissed, or any judgment vacated,
on account of any defect in the form of the petition or
of misjoinder of counts. If the court is of the opinion
that the petition is so vague, indistinct,
and indefinite
as to mislead the child, parent, or custodian and prejudice
any of them in the preparation
of a defense,
the
petitioner may be required to furnish a more definite
statement.
(e) Voluntary Dismissal. At any time before entry
of an order of adjudication, the child(ren) in need of
services petition may be voluntarily dismissed
by petitioner
without leave of the court by serving a notice
of dismissal on all parties, or, if during a hearing, by
so stating on the record. Unless otherwise stated, the
dismissal shall be without prejudice.
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