CHC 877     

  

CHAPTER 13. ADJUDICATION

Art. 877. Adjudication hearing; time limitations

            A. When the child is charged with a crime of violence as defined in R.S. 14:2(B) and the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within ninety days of the appearance to answer the petition. In all other cases, if the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within forty-five days of the appearance to answer the petition.

            B. If the child is not continued in custody, the adjudication hearing shall commence within one hundred twenty days of the appearance to answer the petition.

            C. Upon the expiration of the time limitations established by this Article and upon written motion to dismiss that is filed by the child with certification of notice provided to the district attorney, the court shall commence a contradictory hearing with the district attorney where the court shall dismiss the petition if good cause for the delay is not shown. This right of dismissal is waived unless the motion to dismiss is made prior to adjudication.

            D. If the petition is dismissed pursuant to this Article, there shall be no further proceedings against the child for the same or a lesser offense based on the same facts.

            Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 124, §1, eff. May 14, 2012; Acts 2026, No. 620, §1.