Dependent and Neglect Proceedings

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Rule 309: Agreed Orders.

(a)  General Provisions.  Any or all issues within a case may be resolved by a written agreement between all parties, submitted to the court in the form of an agreed order. An agreed order, signed by all parties or counsel, upon being approved by the court and entered in its minutes, becomes the order of the court.  An agreed order should recite that the parties are aware that the agreement is the order of the court and that failure to comply with the order may constitute contempt of court.

(b)  Modification.  An agreed order may be modified in accordance with Rule 310.

Advisory Commission Comments.

This rule clarifies that unless previously dismissed from the proceedingall parties to the original proceedings, including the Department of Children’s Services and any interveners,are required to agree to an order for it to constitute an agreed order. Any party not wishing to participate in further proceedings may seek approval from the court to be dismissed as a party.

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