Rule 4. Appointment and Authority of Masters

(a) Appointment. The presiding judge may appoint a

standing master to conduct any or all of the CINA proceedings

listed in subparagraph (b)(2). Appointments of standing

masters must be reviewed annually. The presiding judge may

appoint a special master to conduct a proceeding which is

specified in the order of reference and is listed in subparagraph

(b)(2).

(b) Authority, Order of Reference.

(1) An order of reference specifying the extent of the

master’s authority and the type of appointment must be entered

in every case assigned to a master. The order of reference must

be served on all parties.

(2) The following proceedings may be referred to a

master:

(A) emergency or temporary custody hearings;

(B) interim hearings, including temporary custody review

hearings and pre-trial conferences;

(C) adjudication and disposition hearings;

(D) permanency

hearings,

post-disposition

review

hearings, and extension-of-custody hearings.

(3) Termination trials may not be referred to a master.

(4) A master’s report is not binding until approved by a

superior court judge pursuant to Civil Rule 53(d) and

paragraph (f) of this rule, except:

(A) a master may enter orders without further approval of

the superior court pursuant to Civil Rule 53(b) and (c), and by

paragraph (d) of this rule; and

(B) a master’s order of removal from the home is

effective pending superior court review; and

(C) a master’s order returning a child to the home is

effective pending superior court review unless a party

immediately objects, in which case the master’s order is stayed

pending superior court review.

he superior court pursuant to Civil Rule 53(b) and (c), and by

paragraph (d) of this rule; and

(B) a master’s order of removal from the home is

effective pending superior court review; and

(C) a master’s order returning a child to the home is

effective pending superior court review unless a party

immediately objects, in which case the master’s order is stayed

pending superior court review.

(c) Objection to Reference to a Master. In addition to

the peremptory challenge of a master provided for in Civil

Rule 42(c), a party may file an objection to a referral to a

master in the following manner:

(1) Timeliness. A party may file an objection no later

than five days after receiving notice of the order of reference.

(2) Grounds for Objection. An objection to the

assignment of a master to hear an adjudication hearing, a

disposition hearing following a contested adjudication or an

extension of custody hearing will be granted as a matter of

right. Any other objection must set forth sufficient grounds

from which the court may determine whether good cause exists

to remove the matter from the master’s jurisdiction. Good

cause may include involvement of (i) complex questions of

law which require a decision by a superior court judge or (ii)

questions requiring prompt resolution which would be

seriously impaired by a reference to a master.

(d) Standing Master’s Authority to Enter Orders. A

standing master is authorized to take the following actions

without further approval by a superior court judge:

(1) order emergency custody under CINA Rule 6(b);

(2) appoint counsel and guardians ad litem;

(3) order home studies, predisposition reports, and

psychological or psychiatric evaluations;

(4) set hearings and order continuances of the master’s

hearings;

(5) issue orders on motions requesting expedited review

pursuant to Civil Rule 77(g);

(6) accept and approve stipulations, except that stipulated

adjudications or dispositions must be reviewed by a superior

court judge;

ad litem;

(3) order home studies, predisposition reports, and

psychological or psychiatric evaluations;

(4) set hearings and order continuances of the master’s

hearings;

(5) issue orders on motions requesting expedited review

pursuant to Civil Rule 77(g);

(6) accept and approve stipulations, except that stipulated

adjudications or dispositions must be reviewed by a superior

court judge;

(7) review and approve uncontested orders on annual

review;

(8) accept voluntary relinquishments of parental rights,

and in the case of an Indian child, make the requisite judicial

certification of voluntary consent required by federal law.

(9) order mediation and other forms of alternative

dispute resolution under Civil Rule 100, but only if the

affected parties have agreed to participate.

(e) Master’s Report, Recommendations. A master may

issue a written report or oral findings on the record concerning

an order or recommendation which must be approved by a

superior court judge. The master shall advise the parties on the

record of their right to file objections to any such decision

pursuant to paragraph (f) of this rule.

(f) Objections to Master’s Report, Recommend-

ations.

(1) Objections, Reply, Oral Argument. Objections to a

master’s report or recommendation must be filed within 10

days of service of the report unless the court requires objection

to be filed earlier. In the case of a recommendation rendered

orally on the record where a party requests an electronic

recording of the recommendation, the time period for objection

runs from receipt of the recording. A reply to the objections

must be filed within three days of service of the objections.

The superior court may permit oral argument, order the taking

of further evidence, or grant a hearing de novo.

(2) Request for Stay. A party may request that a superior

court judge stay the master’s order issued under paragraph (d)

pending review of the order.

jection

runs from receipt of the recording. A reply to the objections

must be filed within three days of service of the objections.

The superior court may permit oral argument, order the taking

of further evidence, or grant a hearing de novo.

(2) Request for Stay. A party may request that a superior

court judge stay the master’s order issued under paragraph (d)

pending review of the order.

(3) Immediate Review of Order Removing or Returning

the Child from or to the Home. In addition to the objections

permitted under paragraph (f)(1), a master’s order removing or

returning a child from or to the home must be reviewed by the

superior court by the end of the next working day if a party so

requests. The superior court’s review under this paragraph will

be limited to the existing record absent further order of the

court. No response shall be made to a request for immediate

review unless requested by the court, but the superior court

will ordinarily not reject the master’s recommendation in the

absence of such an invitation.