A juvenile shall not be removed from the home unless he or she is a threat to himself or herself or for the public safety of the community. If a juvenile is placed out of the home, reasonable efforts shall be made to notify the parents or extended family of the preliminary hearing following emergency removal as soon as the hearing is scheduled. The notice may be in person, in writing, on the record or by telephone. When a party fails to appear in response to a notice of hearing, the Court may order the party's appearance by summons or subpoena.
A. 
Juvenile released to parent, guardian or custodian; hearing date. If the juvenile is taken into custody and released to the parent(s), guardian or custodian, the Court shall conduct a preliminary hearing within twenty-one (21) calendar days after filing the petition. See § 7.3-28A(2). After the preliminary hearing is concluded, the Court may determine on its own motion, or based upon the recommendation of the CIT and the Court's acceptance, that a plan be developed for the juvenile, the petition shall be held in abeyance until the proceedings conclude or the petition is dismissed.
B. 
Juvenile taken into custody for out-of-home placement; hearing date. If the juvenile is taken into custody and placed in an out-of-home placement under § 7.3-40, the Court shall conduct a preliminary hearing within two (2) calendar days from the date the petition is filed. See § 7.3-28A(1). After the preliminary hearing is concluded, the Court may determine on its own motion, or based upon a recommendation of the CIT and the Court's acceptance, that a plan be developed for the juvenile, the petition shall be held in abeyance until the proceedings conclude or the petition is dismissed.
C. 
Juvenile not taken into custody. If the juvenile is not being detained for the alleged kyé batze, the Court shall conduct a preliminary hearing within twenty-one (21) calendar days from the date the petition is filed. See § 7.3-28A(2). After the preliminary hearing is concluded, the petition shall be held in abeyance until the Court determines, on its own motion or by recommendation of the CIT, whether a plan can be developed for the juvenile.
D. 
Adjournment. The preliminary hearing may be adjourned for up to fourteen (14) calendar days for good cause shown as determined by the Court.
A. 
At the preliminary hearing the juvenile, parent(s), guardian or custodian shall receive a copy of the petition and all other documentation, and the Juvenile Court must determine:
(1) 
Whether the juvenile and parent(s) and, if applicable, guardian or custodian of the juvenile have been notified of the hearing;
(2) 
Whether probable cause exists to believe that the juvenile committed the alleged kyé batze;
(3) 
Whether the juvenile poses a substantial risk of harm to himself or the community; and
(4) 
Whether the current placement is appropriate or if it should comply with Article XIV of this chapter.
B. 
Parent, guardian or custodian not present at the preliminary hearing. The Court shall determine if the juvenile's parent, guardian or custodian has been notified of the hearing in accordance with Article VIII of this chapter. If a parent is not present, the Court shall make an inquiry into what efforts have been made to notify and to obtain the presence of the parent, guardian or custodian. If it appears that further efforts are likely to produce the juvenile's parent, guardian or custodian, the Court shall recess for not more than three (3) calendar days, and the Court shall make efforts to obtain the presence of the juvenile's parent, guardian or custodian. The preliminary hearing may be conducted in the parent's absence.
C. 
The Court shall notify the court appointed attorney as soon as possible so that the attorney can meet with the juvenile before the preliminary hearing. The juvenile has the following rights at the preliminary hearing:
(1) 
To call and cross examine witnesses;
(2) 
To testify in his or her own defense;
(3) 
To have a copy of the petition presented to him or her before any Court action is taken or testimony is heard;
(4) 
To have a Court appointed attorney appointed for him or her and to consult with that attorney before any Court proceeding;
(5) 
To remain silent and not be forced to testify against his or her interests;
(6) 
To challenge any recommendation for detention or removal from the home; and
(7) 
To be present in Court for the preliminary hearing.
D. 
Court testimony. The Court shall hear testimony concerning:
(1) 
The circumstances that gave rise to the petition; and
(2) 
If the juvenile has been placed, the need for continued placement.
E. 
Witnesses. The parties and the Court may call and cross examine witnesses at the preliminary hearing.
F. 
Petition authorization. At the preliminary hearing, the Court shall decide whether to authorize the filing of the petition.
G. 
No probable cause. If, at the end of the preliminary hearing, the Court finds that probable cause exists to believe the juvenile has not committed the alleged kyé batze, the petition shall be dismissed and the juvenile shall be released.
H. 
Probable cause. If the Court finds that probable cause exists to believe that the juvenile may have committed the alleged kyé batze, the Court:
(1) 
May order the juvenile, parent, guardian or custodian to appear at an adjudication hearing (see Article XI) on a date and time set by the Court;
(2) 
May release the juvenile to the custody of either of the juvenile's parent(s), guardian or custodian under such reasonable terms and conditions as are necessary for either physical, emotional or mental well-being of the juvenile; or
(3) 
May order placement of the juvenile, in the least restrictive environment and pursuant to the placement priorities in Article XIV, with someone other than a parent, guardian or custodian if the Court, after hearing, determines that either of the following conditions exists:
(a) 
That the juvenile poses a substantial risk of harm to himself and the community; or
(b) 
That the removal is necessary to safeguard the juvenile's health and welfare.
(4) 
May change the placement, where the juvenile has been removed from the home, and where such placement does not comply with Article XIV of this chapter.
I. 
Medical or psychological exam. The Court may, at any time after conducting a preliminary hearing at which probable cause to proceed upon a petition is found, order the juvenile to undergo a medical or psychological examination by a qualified professional.
J. 
Rules of Evidence. The Rules of Evidence do not apply in preliminary hearings.