Determine whether there is evidence to prove beyond a reasonable doubt that defendant child engaged in a delinquent act.

The adjudicatory hearing must be scheduled for the “earliest practicable date but no later than 40 days from the filing of the petition unless otherwise delayed by order of the court.”

• If the hearing is delayed by order of the court, the order must identify the reasons for the delay.
• Failure to schedule the adjudicatory hearing within 40 days may be a ground for dismissal if there is an “affirmative showing of material prejudice.” Rule 35(a), SCRFC. 

• Notice must be served on both parents and both must be ordered to be present. If child is not living with parents, notice is to be served on the guardians or persons with whom the child resides. The parent or guardian must be present at the hearing and excused only by the judge upon a showing of sickness or other justifiable cause. Rule 35(b), SCRFC.
• The child or child's parents or guardian must be given written notice specifying the charge or factual allegations to be considered at the hearing. The notice must be given as soon as practicable and sufficiently in advance to permit preparation. The child or child's parent or guardian must be advised in the notice of their right to be represented by counsel, and if indigent, by appointed counsel. § 63-19-1030(D).
• In the hearing, the parent and child also must be expressly informed of their right to counsel and specifically required to consider whether they do or do not waive the right of counsel. § 63-19-1030(D). 

The State has the burden of proving beyond a reasonable doubt that the child committed the delinquent act as charged. In re Winship, 397 U.S. 358 (1970).

• Rules of Evidence apply. Rule 1101, SCRE.
• Rules of Criminal Procedure apply if practicable and not inconsistent with the statutes and rules governing family court. Rule 37, SCRCrimP.
• The judge who presided over a waiver hearing where jurisdiction was retained in family court shall not preside over the adjudicatory hearing. SCRFC, Rule 34.
• Upon any party’s motion, the judge may sequester witnesses from the courtroom prior to hearing any testimony. Rule 615, SCRE.
• Victims have the right to be informed of and present at any criminal proceedings dispositive of the charges where the defendant has the right to be present. S.C. Const. art. I, § 24. 
• The definition of a “victim” includes the parents of a minor victim. § 16-3-1510.
• The decision to sequester witnesses is discretionary with the court.  State v. Tisdale, 527 S.E.2d 389 (S.C. Ct. App. 2000).

The sentencing or dispositional hearing may immediately follow the adjudicatory hearing upon a finding of guilt or may be held at a later date, following an evaluation of the child’s circumstances and treatment needs.

• Determine whether the State has met its burden of proving beyond a reasonable doubt that the defendant committed the alleged offense.
  • On the defendant’s or its own motion, the court shall direct a verdict in the defendant's favor after the evidence on either side is closed if insufficient to prove the charge in the petition. In ruling on the motion, the judge only considers the existence or non-existence of evidence and not the weight of the evidence. Rule 19(a), SCRCrimP.  
  • The judge must view the evidence in the light most favorable to the State, when determining if there is any “direct or substantial circumstantial evidence which reasonably tends to prove the guilt of the accused or from which guilt may be fairly and logically deduced.” State v. Williams,400 S.E.2d 131, 132 (S.C. 1991).
  • If the directed verdict motion is granted, the trial ends and the child is found not guilty. Rule 19(b), SCRCrimP.
  • If defendant's motion for directed verdict at the close of the evidence offered by the State is not granted, defendant may offer evidence without having reserved the right. Rule 19(b), SCRCrimP. 
• Allow defense to cross-examine State's witnesses.
• Since the judge is trier of law and fact in family court cases, if opening statements are made, they are usually brief. The hearing generally begins with the solicitor presenting the State’s case against the child by presenting witnesses to testify.
• Hear evidence presented by the state.
• Identify parties and other persons present.
  • If the case involves a victim who is not present, the judge must ask the solicitor to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If timely notice was not made, the hearing must be delayed for a reasonable time to allow notice. § 16-3-1550(D). 
• Explain purpose of hearing.
• Hear evidence presented by defense attorney.
• Allow solicitor to cross-examine defense witnesses.
• Hear closing arguments.
  • Article I, § 14 of the S.C. Constitution, as well as the 6th Amendment of the U.S. Constitution, guarantees an accused the right "to be fully heard in his defense by himself or by his counsel or by both."  
  • In State v. Ballenger, 24 S.E.2d 175 (S.C. 1943), the court held our Constitution guarantees the accused the right to present arguments to the jury. The application of this right in bench trials was affirmed in In the Matter of Bazzle, 279 S.E.2d 370 (S.C 1981).
  • Judge may reasonably limit the length of arguments, but may not preclude them in their entirety. In the Matter of Bazzle, 279 S.E.2d 370 (S.C. 1981).
• Make a ruling as to guilt.
  • If defendant sufficiently raised the affirmative defense of insanity, or when sufficient evidence of a mental illness of defendant is admitted into evidence, the court shall find whether defendant is: (1) guilty; (2) not guilty; (3) not guilty by reason of insanity; or (4) guilty but mentally ill. § 17-24-30.
• If verdict is not guilty, child is released from the court's jurisdiction.
• If verdict is guilty, decide whether to move straight into disposition and rule on sentencing or order child to undergo a predisposition evaluation.
  • Before committing a child to DJJ, the court must order child to undergo a predisposition evaluation. § 63-19-1440(C).
    • There are two types of predisposition evaluations: community evaluation - child remains at home or in alternative placement in the community while undergoing evaluation; and residential evaluation - child is committed to DJJ for not more than 45 days while undergoing evaluation. § 63-19-1440(C).
    • Children under 12 may not be committed to a residential evaluation center. § 63-19-1440(A).
    • If the court orders a child adjudicated delinquent for a status offense, a misdemeanor offense, or violation of probation or contempt for any offense to undergo a residential evaluation, DJJ may allow child to undergo a community evaluation unless the committing judge finds and concludes in the order for evaluation that “a community evaluation must not be conducted because the child presents an unreasonable flight or public safety risk to his home community.” § 63-19-1440(C).
  • The court may waive the predisposition evaluation in writing and move straight into disposition of the case if the child:
    • has already undergone a community or residential evaluation and the evaluation report is available to the court;
    • has been released from DJJ within the past year and the child’s previous evaluation or other equivalent information is available to the court; or
    • receives a sentence of probation or if committed to DJJ, it is for a determinate sentence of 90 days or less. § 63-19-1440(C).
•  Notify child of record expungement requirements and process. § 63-19-2050.
  • Child may petition the court for expungement order if found not guilty in adjudicatory hearing.
    • Court shall grant the order regardless of child's age.
    • Granting of this order is nondiscretionary.
    • No fee may be charged for expungement.
  • Child may petition the court for expungement order if taken into custody for, charged with, or adjudicated delinquent for a status offense.
    • Granting of order is nondiscretionary if criteria are met.
    • Court shall not grant the order unless it finds the child is at least 18, has successfully completed any sentence imposed, has not been subsequently adjudicated for or convicted of any criminal offense, and does not have any pending criminal charges.
  • Child may petition the court for expungement order if taken into custody for, charged with, or adjudicated delinquent for multiple status offenses or for a nonviolent crime.
    • The granting of this order is discretionary with the court.
    • The court shall not grant the order unless it finds the child is at least 18, has successfully completed any sentence imposed, has not been subsequently adjudicated for or convicted of any criminal offense, and does not have any pending criminal charges.
  • Child may not petition the court for expungement order if child has a prior adjudication for an offense that would carry a maximum of 5 or more years if committed by an adult.
  • The solicitor or law enforcement may file an objection to the expungement based on ineligibility of the charges or additional pending charges, and the expungement must then be heard by the court. 

• Determine whether the evidence presented proves beyond a reasonable doubt that the child committed the offense alleged in the petition.
  • “The constitutional safeguard of proof beyond a reasonable doubt is as much required during the adjudicatory stage of a delinquency proceeding as are those constitutional safeguards applied in Gault - notice of charges, right to counsel, the rights of confrontation and examination, and the privilege against self-incrimination." In re Winship, 397 U.S. 358 (1970).
  • Due process precludes court from exercising subject matter jurisdiction to adjudicate child for charge not alleged in petition unless adjudication is for lesser included offense or there has been a waiver of notice. In the Interest of Jason T., 531 S.E.2d 544 (S.C. Ct. App. 2000).