A.
Authorization to file petition.
(1)
Formal proceedings. The presenting officer or the SSU Case Manager,
or SSU Manager, may initiate formal child protection proceedings by
filing a petition for adjudication of a protected child in Tribal
Court on behalf of the Tribe and in the best interests of the child.
(2)
Emergency action not precluded. Nothing in this section will preclude
law enforcement or protective services personnel from taking emergency
action under this code.
B.
Time limitations. If a child has been removed from his or her home,
a petition will be filed with the Court within three (3) calendar
days of the date of removal.
C.
Contents of petition. The petition will set forth the following with
specificity:
(1)
The name, birth date, sex, address, and tribal affiliation of the
child;
(2)
The name, birth date, sex, and tribal affiliation of any other children
living in the same home as the child at the time of the allegations;
(3)
The basis for the Court's assumption of jurisdiction over the
child;
(4)
The specific allegations against each respondent named in the petition,
which form the grounds for the assertion that the child meets the
definition of a protected child under this code;
(5)
A plain and concise statement of the facts upon which the allegations
contained in the petition are based, including the date, time and
location at which the alleged facts occurred;
(6)
The name, birth date, sex, address, telephone number and tribal affiliation
of the respondent; and
(7)
The names, addresses, telephone numbers, and tribal affiliation of
the child's parents, guardians or custodians, if known.
D.
Upon filing of a petition, the Court will appoint a guardian ad litem
for the child(ren).
B.
Service. A summons and petition will be issued and served upon each
parent, guardian or custodian, and any adult person with whom the
child resides, if other than a parent or a Court-ordered custodian,
directing such person(s) to appear before the Court with the child
on a date certain. The summons will also be served on all attorneys
and advocates of record and caseworkers from the agencies working
with the family.
C.
Contents of summons. The summons will direct the party(ies) to whom
it is addressed to appear with the child, unless the child's
appearance has been waived, at a time and place specified by the Court
and must:
(1)
Identify the nature of the proceeding;
(2)
Include a prominent notice that the proceedings could result in termination
of parental rights and/or the possible consequences of failure to
appear;
(3)
Include a notice of the parents' or guardian's rights under
this code and the Indian Civil Rights Act; and
(4)
Include a copy of the petition with the first notice.
D.
Manner of serving summons. A summons will be served as follows:
(1)
Personal service. A summons required under this section must be served
in accordance with applicable Court rules to the named party and verified
by affidavit.
(2)
Service by mail. If personal service of the summons is impractical
or cannot be achieved, it may be served by standard mail addressed
to the last known address of the party.
(3)
Substituted service. The Court may direct any manner of substituted
service, including publication if the Court finds that service cannot
be made because the whereabouts of the person to be summoned can not
be determined after reasonable effort.
E.
Time of service. A summons will be served as follows:
(3)
Publication. Fourteen (14) calendar days to any hearing. The published
notice, which does not require publication of the petition itself,
will appear in a newspaper in the area where the party resides, if
known, and if not, in the area of the party's last known address,
if known, and if not, the area where the action is pending. The notice
will also appear on the NHBP website.
F.
Notice of hearing.
(1)
Persons entitled to notice. The Court will require proof that the
following persons have been notified of each hearing:
(a)
The parent(s), legal guardian, or custodian;
(b)
The attorney for each parent;
(c)
The child if age fourteen (14) or older or a designated advocate
for the child;
(d)
All named respondents;
(e)
SSU and presenting officer;
(f)
The guardian ad litem; and
(g)
Any other party the Court may direct to be notified.
(2)
General. Notice of hearing must be served in writing or orally by
the Court and may be acknowledged on the record or mailed to the last
known address at least ten (10) calendar days prior to any hearing.
(3)
Preliminary hearing. When a child is placed outside of the home, diligent efforts will be made to notify the parents, legal guardian or custodian or if the parent(s) or legal guardian is unreachable an extended family member pursuant to Article XIII, § 7.5-29B as soon as any hearing is scheduled. Notice may be in person, in writing, acknowledged on the record, or by telephone, and will be documented and verified to the Court.
(4)
Failure to appear. If a party fails to appear after being noticed
for a hearing the Court may, after finding that notice was proper,
continue in that party's absence.
G.
Subpoenas. The Court, upon request by a party or on its own motion,
may cause a subpoena to be served upon a person whose testimony or
appearance is required. It is not necessary to tender advance fees
to a person served in order to compel attendance. The Court may use
its civil contempt powers to enforce subpoenas.
H.
Waiver of service. Except regarding termination of parental rights
hearings, a person may waive notice of hearing or service of process.
The waiver may be in writing or may be acknowledged on the record.
I.
Subsequent notice. After a party's first appearance before the
Court, subsequent notice of proceedings and pleadings will be served
on that party or, if the party has an attorney, on the attorney, either
personally or by ordinary mail. A summons must be served prior to
a trial or termination of parental rights hearing, including a notice
of hearing as provided by this code.
