Art. 679. Notice; presence at disposition hearing; right to be heard

            A. Written notice of the date, time, and place of the disposition hearing shall be served and a return made in the same manner as a petition on all parties and also counsel of record at least fifteen days prior to the hearing unless the parties have been previously notified in open court at a prior hearing.

            B. If a parent is absent, the court shall make written findings of fact or include in the minutes whether notice of the date, time, and place of the hearing and the right to attend and be heard was properly served. The court shall permit a disposition hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.

            C. A child twelve years of age or older shall be present in court unless the child's presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If a child is absent, the court shall make written findings of fact or include in the minutes whether the attorney for the child moved to waive the presence or whether presence was requested. If presence was not waived or the child is not present after a request, the custodian or the department shall provide reasons for the absence of the child, and the court shall determine on the record whether the hearing may proceed. A child may choose to testify as to his wishes, and the court shall consider the child's testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.

            D. The department shall give written notice of the right to appear at the disposition hearing to any foster caregiver, pre-adoptive parent, or relative providing care for the child. The notice shall state the date, time, and place of any scheduled hearing and inform the recipient of the right to attend and be heard.

            E. If a foster caregiver, pre-adoptive parent, or relative providing care for the child is absent, the court shall make written findings of fact or include in the minutes whether notice of the date, time, and place of the hearing and the right to attend and be heard was properly provided by the department. If the court determines that diligent efforts were made by the department to locate and notify the absent person, the court may permit the hearing to be held in the person's absence.

            F.(1) The court shall provide any foster caregiver, pre-adoptive parent, or relative providing care for the child who appears at the hearing a reasonable opportunity to be heard regarding the care and treatment of the child and may receive evidence from each person. The court shall consider this information in conjunction with all other admissible evidence.

            (2) The information provided by the foster parent, pre-adoptive parent, or relative shall be limited to personal knowledge, defined as firsthand observations of the daily care, functioning, development, behavior, activities, health, education, and interactions of the child, including visitation, communication with parents as it relates to the child, sibling relationships, and any needs for services or support in the home of the caregiver.

            Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1; Acts 2026, No. 139, §1; Acts 2026, No. 758, §1.