Part 35a · Hearings Concerning Neglected, Abused and Uncared for Children and Termination of Parental Rights

Rule 35a-7A. Adverse Inference

Amended January 1, 2026 (current)

If a party requests that the judicial authority draw an adverse inference from a parent's or guardian's failure to testify or the judicial authority intends to draw an adverse inference, either at the start of any trial or after the close of the petitioner's case-in-chief, the judicial authority shall notify the parents or guardian that an adverse inference may be drawn from their failure to testify.