38-2204. Venue.
38-2204
38-2204. Venue.(a) Venue of any case involving a child in need of careshall be in the county ofthe child's residence or in the county where the child is found.
(b) Upon application of any party or interested party and after notice toall other parties andinterested parties, the court in which the petition was originally filedalleging that a child is a childin need of care may order the proceedings transferred to the court of thecounty where: (1) The childis physically present; (2) the parent or parents reside; or (3) otherproceedings are pending in thisstate concerning custody of the child. The judge of the court in which thecase is pending shallconsult with the judge of the proposed receiving court prior to transfer ofthe case. If the judgesdo not agree that the case should be transferred or if a hearing is requested,a hearing shall be heldon the desirability of the transfer, with notice to parties or interestedparties, the secretary and theproposed receiving court. If the judge of the transferring court orders thecase transferred, the orderof transfer shall include findings stating why the case is being transferredand, if available, the namesand addresses of all interested parties to whom the receiving court shouldprovide notice of anyfurther proceedings. The receiving court shall accept the case.Upon a judge ordering a transfer of venue, the clerk shall transmit thecontents of the official file and a complete copy of the social file to thecourt to which venue is transferred, and, upon receipt of therecord, the receivingcourt shall assume jurisdiction as if the proceedings were originally filed inthat court. Thetransferring judge, if an adjudicatory hearing has been held, shall alsotransmit recommendations asto disposition. The court may return the case to the court where it originatedif the child is notpresent in the receiving county or, the receiving county is not the residenceof the child's parent orparents.
History: L. 2006, ch. 200, § 4; Jan. 1, 2007.