The Court shall conduct an adjudication hearing for the purpose
of determining whether the juvenile committed kyé batze.
The adjudication hearing shall be held within forty-two (42)
calendar days after the petition is filed with the Court and the juvenile
is in custody. If the juvenile is not in custody, the adjudication
hearing shall be held no later than eighty-four (84) calendar days
after the petition is filed. The Court may set matters earlier on
the Court docket as the interests of justice require.
Continuances of an adjudication hearing may be granted by the
Court but only:
A. Upon stipulation of the parties; or
B. Where process cannot be completed; or
C. If the Court finds that the testimony of a presently unavailable
witness is needed; or
D. One time only for up to fourteen (14) calendar days at a parent's
request to allow parent(s) to obtain counsel; or
E. Adjudication hearing adjourned if referred to CIT. If, after the
filing of a petition, the Judge refers the case to the CIT to develop
a plan for the juvenile, the proceedings on the petition may be held
in abeyance and the adjudication hearing adjourned until the informal
proceedings conclude or the petition is dismissed; or
At the adjudication hearing under this chapter, a juvenile shall
have the following rights:
A. To have a Court appointed attorney to represent them;
B. To have a copy of all charges against them and to consult with their
attorney before the hearing;
C. To be present in Court for the hearing;
D. To subpoena witnesses on their own behalf and to cross examine witnesses
called against them;
E. To testify or not as they choose but that no inference of guilt shall
be made by the Court if the juvenile chooses not to testify;
F. To have only legally admissible evidence admitted in Court; and
G. To be proved to have committed kyé batze or to be determined
to come within the jurisdiction of the Court by proof beyond a reasonable
doubt.