The disposition order is to be reviewed at the discretion of
the Court, but at least once every sixty (60) calendar days.
Notice of the review hearing shall be provided on the record
or by ordinary mail as provided in this chapter.
At a review hearing the Court shall review on the record the
compliance with the case service plan prepared and the previous orders
of the Court, including:
A. Services provided or offered to the juvenile and the parent(s), guardian
or custodian and whether the juvenile, parent(s), guardian or custodian
has complied with the case service plan.
After review of the case service plan the Court shall determine
the extent of progress made toward alleviating or mitigating the conditions
that caused the juvenile to commit kyé batze. The Court may
modify any part of the case service plan.
At a review hearing the Court shall determine the continuing
necessity and appropriateness of the juvenile's placement and
shall order the return of the juvenile to the custody of the parent(s),
continue the disposition order, modify the disposition order or enter
a new disposition order. If the juvenile remains in placement, the
Court shall determine at the disposition hearings and at each review
hearing whether the case should be reviewed before the next review
hearing required under this section. In making this determination,
the Court shall consider, but not be limited to, all of the following:
A. Whether there is a reasonable likelihood that the juvenile may be
returned to the home prior to the next review hearing required by
this section; or
B. Whether a placement which better meets the placement priorities described in Article
XIV of this chapter is available and in the best interests of the juvenile.
A disposition order of the Court may be modified, for good cause,
upon a showing of a change of circumstances.
A. The Court may modify a disposition order at any time, upon motion
of the following:
(1) The juvenile or his/her attorney;
(2) The juvenile's parent(s), guardian, or custodian;
(3) The Presenting Officer; or
B. If the modification involves a change of custody, the Court shall
conduct a hearing to review its disposition order as follows:
(1) The Court shall review the performance of the juvenile and review
the reports of the Presenting Officer and other persons providing
assistance to the juvenile and the juvenile's family;
(2) If the request for review of disposition is based upon an alleged
violation of a Court order, the Court shall not modify its disposition
order unless it finds clear and convincing evidence of the violation.
Notwithstanding any other provision of law, the juvenile shall have
no right to a jury trial in any hearing held under this subsection.