Rule 9 - Section-304 Hearing(a) IN GENERAL. If a person whose consent is required has not consented to the adoption, the court must conduct a hearing to determine whether: (1) under D.C. Code § 16-304 (d) (2012 Repl.), consent is no longer required; or(2) under D.C. Code § 16-304 (e) (2012 Repl.), consent is being withheld contrary to the best interests of the prospective adoptee.(b) ATTENDANCE. Unless excused by the court, the following individuals must appear at the Section-304 Hearing:(2) the person whose consent is at issue;(3) if applicable, the prospective adoptee's guardian ad litem; and(4) if there is a neglect case, the prospective adoptee's social worker.(c) FAILURE TO APPEAR. If the person whose consent is required fails to appear after being served with the Notice of Adoption Proceeding and initial court order, the court may: (1) proceed with an evidentiary hearing;(2) schedule the evidentiary hearing for a later date; or(3) schedule a status hearing.(d) CERTIFICATION OF CONTESTED ADOPTION. If the person whose consent is required appears and opposes the adoption or files a written opposition in accordance with Rule 7, the court must certify the case as a contested adoption and issue a scheduling order under Rule 11.COMMENT
This rule contains provisions previously found in Rule 39. The hearing and rule were previously entitled "show cause hearing." This was changed to "Section-304 Hearing" to distinguish between hearings held under D.C. Code § 16-304 (d)-(e) (2012 Repl.) and other types of show cause hearings, such as those for failure to comply with a previous court order.