Section 311.5. Amendment of the petition  


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  • 1. At any time before or during
      the fact-finding  hearing,  the  court  may,  upon  application  of  the
      presentment  agency and with notice to the respondent and an opportunity
      to be heard, order the amendment of a petition with respect to  defects,
      errors  or  variances  from the proof relating to matters of form, time,
      place, names of persons and the like, when such amendment does not  tend
      to  prejudice  the  respondent  on  the  merits. Upon permitting such an
      amendment, the court must, upon application of the respondent, order any
      adjournment which may be necessary to accord the respondent an  adequate
      opportunity to prepare his defense.
        2. A petition may not be amended for the purpose of curing:
        (a) a failure to charge or state a crime; or
        (b) legal insufficiency of the factual allegations; or
        (c) a misjoinder of crimes.