A. A parent entitled to service of summons, the state or a child shall have the right to demand a trial by jury on the sole issue of termination of parental rights only in the following circumstances:
1. When the initial petition to determine if a child is deprived also contains a request for termination of parental rights in which case the court shall determine if the child should be adjudicated deprived and, if so, the jury shall determine if parental rights should be terminated; or
2. When, following a hearing in which the child is adjudicated deprived, a request for termination of parental rights is filed by the state or the child.
B. The demand for a jury trial shall be granted unless waived, or the court on its own motion may call a jury to try any termination of parental rights case. Such jury shall consist of six (6) persons. A party who requests a jury trial and fails to appear in person for such trial, after proper notice and without good cause, may be deemed by the court to have waived the right to such jury trial, and the termination of parental rights shall be by nonjury trial unless another party demands a jury trial or the court determines on its own motion to try the case to a jury.
Added by Laws 1968, c. 282, § 110, eff. Jan. 13, 1969. Amended by Laws 1977, c. 259, § 11, eff. Oct. 1, 1977; Laws 1986, c. 179, § 1, eff. Nov. 1, 1986; Laws 1992, c. 298, § 23, eff. July 1, 1993; Laws 1995, c. 352, § 22, eff. July 1, 1995. Renumbered from § 1110 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2002, c. 473, § 1, eff. Nov. 1, 2002. Renumbered from § 7003-3.8 of Title 10 by Laws 2009, c. 233, § 236, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 278, § 5, eff. Nov. 1, 2010; Laws 2011, c. 1, § 4, emerg. eff. March 18, 2011; Laws 2016, c. 243, § 1, eff. Nov. 1, 2016.
NOTE: Laws 2010, c. 398, § 1 repealed by Laws 2011, c. 1, § 5, emerg. eff. March 18, 2011.
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