A.
Purpose. The Court will conduct a trial to determine if the allegations
contained in the petition are true, and to determine if the child(ren)
are child(ren) in need of protection.
B.
Timing. The adjudication hearing will commence as soon as possible
but no later than sixty (60) calendar days after the preliminary hearing
is concluded, if the children are removed from their parent, guardian
or custodian. The adjudication hearing for child(ren) who have remained
in the care of one or both parents, guardian or custodian will commence
no later than one hundred twenty (120) calendar days after the preliminary
hearing is concluded.
C.
Continuances. Continuance or adjournment of adjudication hearings
may be granted by the Court upon oral or written motion if:
(1)
All parties stipulate to the continuance or adjournment;
(2)
Pretrial procedures cannot reasonably be completed;
(3)
The Court finds that the testimony of a presently unavailable witness
is needed and continuance or adjournment will facilitate the appearance
of the witness;
(4)
The Court determines that new material evidence has or will become
available and that continuance or adjournment would serve the interest
of justice;
(5)
A respondent requests an opportunity to obtain legal counsel [one
(1) time only for up to fourteen (14) calendar days]; or
(6)
For good cause shown that continuance or adjournment would serve
the best interests of the child and the interest of justice.
D.
Closed proceedings. The general public will be excluded from the
proceedings and only the parties, their counsel, the Presenting Officer,
the GAL, witnesses, and other persons determined to be material to
the proceedings by the Court will be admitted. Witnesses may be excluded
from the courtroom during the taking of evidence from other witnesses
upon direction of the Court and oral motion by any of the parties.
Parties may be removed from the courtroom if the Court deems it necessary
to maintain order in the proceedings or if the Court finds it is in
the best interest of the child. The proceedings will continue in the
absence of that party.
E.
Evidence.
(1)
Formal rules do not apply. The formal rules of evidence will not
apply at the adjudication. All reliable, probative and material evidence
may be admitted at the trial and may be relied upon by the Court at
the Court's discretion. In determining the admissibility of evidence,
the court may use the Michigan Rules of Evidence as a guide.
(2)
Evidence presented. The parties will be afforded an opportunity to
present witnesses on their own behalf, to present evidence and to
cross examine witnesses and challenge all evidence presented and received
by the Court.
(3)
Appearance by telephone or video. The Court may permit witnesses
to appear by phone or video conference to permit material and probative
testimony by witnesses unable to appear in person to testify. The
right to cross examine these witnesses is preserved by their examination
via phone or video.
(4)
Child witness. If the Court determines that it is in the best interests
of the child and does not violate the rights of a party, the Court
may allow a child to testify by closed circuit television, videotaped
deposition, or other suitable method outside the courtroom and outside
the presence of any parties subject to allegations of abuse or neglect.
The decision by the Court to allow a child to testify in a proceeding
through the methods described in this subsection will be made by written
order, which will set forth findings of fact and all reasons supporting
the decision.
F.
Burden of proof. The Presenting Officer has the burden of proving
the allegations in a petition for protected child determination by
clear and convincing evidence. If the Court finds that the burden
of proof has been met, the Court will make findings as to:
(1)
The specific grounds for adjudicating a child to be a protected child;
(2)
The specific grounds for adjudicating a respondent to be responsible
for the allegations; and
(3)
For the assumption of jurisdiction by the Tribal Court.
(4)
The child will become a temporary protected child of the Tribal Court.
G.
Findings on allegations.
(1)
If the Court finds one or more of the allegations are proven by clear
and convincing evidence and that the allegations constitute abuse
and/or neglect pursuant to this code, the child(ren) will be adjudicated
as a protected child.
(2)
If the Court finds either that the allegations were not proven by
clear and convincing evidence or that the allegations were proven,
but do not constitute abuse and/or neglect pursuant to this code,
the petition for protected child determination will be dismissed,
and the case will be closed.
