A.
Information or allegations indicating that a juvenile is uncontrollable, habitually truant from school, habitually truant from home, has run away from home, has committed a traffic offense or other noncriminal offense under Tribal Code, or other circumstances where the juvenile is in need of protection and services pursuant to § 278-193HH shall be referred to the Department.
B.
The Department shall promptly conduct an initial screening decision
for all information and allegations referred. The Department shall
develop criteria to decide if the information or allegation(s) should
be assigned for preliminary assessment. The Department may conduct
a multidisciplinary screening with other Tribal programs, Tribal School,
Menominee Indian School District.
C.
The Department shall conduct a preliminary assessment within 60 days
from the date of the allegation, which at a minimum shall include:
(1)
A determination of the available facts, nature, extent, or the cause
of any condition relating to the referral to the Department, the need
for protection and services under this chapter, and the best interest
of the juvenile for any action taken.
(2)
The name, age, and condition of other children in the home;
(3)
Evaluation and assessment of the needs of the family.
(4)
The Department may take a multidisciplinary approach to this assessment
based on information or allegations referred and the connections of
the juvenile or the family to other Tribal Programs or Services, Tribal
School, or Menominee Indian School District, including teaming the
assessment where appropriate.
(5)
The Department will give notice of the meeting to the parent(s),
guardian(s) or caretaker(s) of the juvenile, by all reasonable means
but, if the parent(s), guardian(s) or caretaker(s) cannot be notified
or located or refuses to participate in the meeting, the inquiry shall
still go forward.
D.
The Department shall notify the appropriate law enforcement agency
where criminal conduct is suspected.
E.
The Department shall prepare a written report based on their assessment:
(1)
The written report shall at minimum contain:
(a)
The name and address of the juvenile and his/her parent(s),
guardian(s) or caretaker(s).
(b)
The juvenile's date of birth.
(c)
The name(s) and date(s) of birth of the juvenile's birth parents,
parent(s), guardian(s) or caretaker(s).
(d)
The nature and extent, including any evidence, and other information
that might be helpful in establishing the cause of the need or protection
and services.
(e)
Enrollment status of the child and child's parent(s), guardian(s)
or caretaker(s).
(f)
Statement substantiating jurisdiction as to whether the juvenile
in need of protection and services or if the information or allegations
are unsubstantiated.
(g)
Needs assessment of the family and whether the family could
or would be best served by voluntary or involuntary services;
(h)
Recommendations for voluntary or involuntary services.
(3)
If the information or allegation is substantiated, the Department
shall:
(a)
Refer to Netāēnawemākanak services
or other appropriated agencies; and/or
(b)
Enter into an informal disposition and notify the Prosecutor
within 10 days of entering the informal disposition; or
(c)
Refer the matter to the Prosecutor for the filing of a juvenile
in need of protection and services petition for Court intervention.
F.
The Prosecutor shall:
(1)
Within 30 calendar days from the date the Prosecutor receives the
informal disposition or referral for juvenile in need of protection
and services for Court intervention file a petition with the Court;
or
(2)
Within 30 calendar days from the date the Prosecutor receives the
informal disposition or referral for juvenile in need of protection
and services for Court intervention refer back to the Department for
further investigation. The investigation referral shall not exceed
20 days. Referrals sent back to the Prosecutor following the completed
further investigation shall be treated as a new referral for timeliness
determinations under this section; or
(3)
Within 30 calendar days from the date the Prosecutor receives the
informal disposition deny and dismiss the informal disposition and
refer to N services. The denial shall be based on cause relating to
jurisdiction, timeliness, lack of evidence or admissibility. Notice
shall be given to the Department and the child's parent(s), guardian(s)
or caretaker(s).
(4)
Within 30 calendar days from the date the Prosecutor receives the
referral for juvenile in need of protection and services for Court
intervention deny the referral and refer to N services. The denial
shall be based on cause relating to jurisdiction, timeliness, lack
of evidence or admissibility. Notice shall be given to the Department
and the child's parent(s), guardian(s) or caretaker(s).
G.
If a petition is not filed by the 30th day, it shall be treated as
a denial and notice shall be given to the Department and the child's
parent(s), guardian(s) or caretaker(s).
A.
The Department may enter into an informal disposition under this
article, when it promotes the best interest of the juvenile and family,
if all of the following exist:
(1)
There is a written agreement with all parties describing the conditions
and obligations that must be met to ensure the child is protected
and to alleviate the conditions that led to the referral.
(2)
The Department has determined that the interest of the juvenile and
the family does not require a formal Court intervention to provide
protection and services to the juvenile and the family and there is
jurisdiction over the juvenile and family.
(3)
There is consent by the juvenile's parent(s), guardian(s), or caretaker(s)
and the juvenile, if the juvenile is 12 years of age or older.
B.
The informal disposition may not include any form or out-of-home
placement and may not exceed six months, unless an extension is agreed
to by all parties. At no time shall an informal disposition exceed
12 months. If an extension is objected to, the Department may request
the Prosecutor file a petition.
C.
If the informal disposition requires a person to obtain an alcohol
or drug abuse assessment, they shall execute an informed consent form
that they are voluntarily and knowingly entering into an informal
disposition agreement with a provision for alcohol and drug abuse
treatment.
D.
Informal disposition shall be terminated:
(1)
When the conditions and obligations imposed are not being met and
shall be referred to the Prosecutor for filing a petition. Prosecutor
shall have 20 days after the termination referral to file the petition;
or
(2)
At the request of a juvenile 12 years or over, parent(s), guardian(s),
or caretaker(s) and shall be referred to the Prosecutor for filing
a petition; or
(3)
When the Prosecutor files a petition within 20 days after receipt
of notice of the informal disposition.
E.
If all conditions and obligations of the informal disposition are
met, no petition may be filed on the referral information or allegations
that brought about the informal disposition.
A.
The juvenile shall be, from the time of the filing of the petition
or, in an emergency, when taken into protective custody, advised of
the privilege against self-incrimination, including the juvenile's
right to have his/her parent(s), guardian(s), or caretaker(s) present.
If taken into protective custody, the juvenile shall not be questioned
except to determine identity and to determine the name of the juvenile's
parent(s), guardian(s), or caretaker(s).
B.
In a proceeding on a petition alleging a juvenile in need of supervision:
(1)
An extra-judicial statement that would be inadmissible in a criminal
matter shall not be received in evidence over objection.
(2)
Evidence illegally seized or obtained shall not be received in evidence
to establish the allegations of a petition against a juvenile over
objection.
(3)
An extra-judicial admission or confession made by the juvenile out
of Court is insufficient to support a finding that the juvenile committed
the act(s) alleged in the petition unless it is corroborated by other
evidence.
C.
A juvenile detained shall not be fingerprinted, photographed or genetically
tested for criminal identification purposes except by order of the
Court. If ordered, the fingerprints or photographs, or genetic test,
shall be used only as specified by the Court. Any person who willfully
violates the provisions of this section is subject to a civil fine
of not more than $500.
D.
The Court shall make a preliminary finding on the issue of whether
the juvenile's best interests are represented by the parties, including
parent(s), guardian(s), or caretaker(s); the Department; the Prosecutor;
and other necessary parties to the proceeding.
(1)
If the Court determines that the juvenile's best interests are not
adequately represented by the parties to the proceeding, the Court
shall appoint a guardian ad litem to represent the best interests
of the juvenile.
(2)
If the juvenile's interests conflict with those of the parent(s),
guardian(s) or caretaker(s), the Court shall appoint a guardian ad
litem to represent the best interests of the juvenile.
(3)
If the Court determines that the juvenile has other legal interests
that must be represented, it can appoint legal counsel for the juvenile
after appropriate findings.
(4)
In the above situations, a party to the proceeding or an employee
or representative of a party shall not be appointed as guardian ad
litem.
E.
A party, including the minor juvenile or parent(s), guardian(s),
or caretaker(s), is entitled to the opportunity to introduce evidence
and be heard, and to confront and cross-examine witnesses testifying
against the juvenile, and to admit or deny the allegations in a petition.
F.
Where appointment of legal counsel for the juvenile is made, the
Court shall appoint legal counsel from the members admitted to practice
in Menominee Tribal Court.
A.
A juvenile may be temporarily taken into protective custody:
(1)
By a law enforcement officer or the Department when they have reasonable
grounds to believe that the juvenile has run away from his/her parent(s),
guardian(s) or caretaker(s); or
(2)
By a law enforcement officer or the Department when they have reasonable
grounds to believe that the juvenile has run away from school and
school is still in session; or
(3)
By law enforcement officer or the Department if there exists reasonable
grounds to believe that the juvenile requires immediate care or medical
attention or has been abandoned or is in immediate danger from his/her
surroundings and removal from those surroundings is necessary; or
(4)
By law enforcement officer or the Department if there exists reasonable
grounds to believe the juvenile is a danger to himself/herself and/or
to others; or
(5)
Pursuant to an order of the Court issued due to a parent(s), guardian(s)
or caretaker(s) failure when requested to bring the juvenile before
the Court after having promised to do so at the time the juvenile
was released from detainment. In addition, the parent(s), guardian(s)
or caretaker(s) can be cited for contempt of Court for failing to
comply with the order of the Court.
B.
Protective custody of a juvenile pursuant to this section without a Court order shall not exceed 72 hours, excluding Saturdays, Sundays and Court holidays, except for § 278-51A(2), where protective custody of the juvenile shall last only as long as is reasonably necessary to return the juvenile to school and school is still in session.
C.
Taking into custody is not an arrest except for the purpose of determining
whether the taking into custody or the obtaining of evidence is lawful.
A.
A person taking a juvenile into protective custody temporarily shall
as soon as possible:
(1)
Release the juvenile to the juvenile's parent(s), guardian(s) or
caretaker(s) and issue verbal counsel or warning as may be appropriate;
or
(2)
Release the juvenile to the juvenile's school if school is still
in session and issue verbal counsel or warning as may be appropriate;
or
(3)
Release to the juvenile's parent(s), guardian(s) or caretaker(s)
upon a written promise to bring the juvenile before the Court when
requested by the Court; or
(4)
Deliver to a medical facility if the juvenile is believed to be suffering from a serious physical or mental condition or illness, which requires either prompt treatment, or prompt diagnosis. Upon receiving proper clearance from the medical facility, the juvenile shall be released pursuant to Subsection A(1) or (3) above.
B.
A juvenile taken into protective custody shall not be placed in a
jail or other facility intended or used for the incarceration of adults
or for the detention of delinquent children, but shall be taken into
protective custody in the following shelter care facilities:
(1)
A licensed foster home, or a home otherwise authorized by the Department,
including relative placement; or
(2)
A facility operated by a licensed juvenile welfare services agency
and a contracted provider of the Menominee Tribe; or
(3)
Any other suitable place, other than a facility designated for care
and rehabilitation of delinquent children, designated by the Court
and is licensed to provide services to juveniles.
C.
When a juvenile is delivered to an appropriate shelter care facility,
the Department shall review the need for continued protective custody
within 24 hours (excluding Saturdays, Sundays and holidays) after
delivery of the juvenile to the facility and shall release the juvenile
from protective custody or continue protective custody pursuant to
the criteria established by Court order from the protective custody
hearing.
D.
If a juvenile is taken into protective custody and is not released
to the juvenile's parent(s), guardian(s) or caretaker(s), the person
taking the juvenile into protective custody shall give written notice
(i.e., temporary custody notice), within 72 hours of taking the juvenile
into protective custody, to the juvenile's parent(s), guardian(s)
or caretaker(s) and to the Court together with a statement providing
the reason for taking the juvenile into protective custody.
E.
In all cases when a juvenile is taken into protective custody, the
juvenile shall be released to his/her parent(s), guardian(s) or caretaker(s)
in accordance with any written conditions of release and with the
time limits set forth in this article.
A.
Where a juvenile has been taken into protective custody:
(1)
A petition shall be filed by the Prosecutor within 48 hours, excluding
Saturdays, Sundays and Court holidays, and, if not filed within the
stated time, the juvenile shall be released pursuant to the above
section of this chapter.
(2)
A protective custody hearing shall be held within 24 hours of the
filing of the petition, excluding Saturdays, Sundays and Court holidays,
to determine whether continued protective custody is required pursuant
to the Court determination made from the protective custody hearing.
B.
Written notice of the hearing shall be served to the juvenile's parent(s),
guardian(s) or caretaker(s), and to the juvenile. Parties, legal counsel
and the juvenile may appear electronically for this hearing.
C.
At the commencement of the hearing, the Court shall advise the parties,
including the minor juvenile, of their basic rights pursuant to this
article and shall appoint legal counsel and/or a guardian ad litem,
if appropriate.
D.
At the hearing, all relevant and material evidence helpful in determining
the need for protective custody may be admitted by the Court even
though it would be otherwise inadmissible in a hearing on the petition.
E.
If the Court finds, based on probable cause, that the juvenile's
protective custody is necessary pursuant to one of the criteria below,
the Court shall issue an order of protective custody to an appropriate
facility.
(1)
The juvenile will commit injury to persons or property of others,
or cause injury to himself/herself or be subject to injury by others;
or
(2)
The juvenile's parent(s), guardian(s), caretaker(s) or other person
cannot provide adequate supervision and care for the juvenile; or
(3)
The juvenile will run away or be taken away so as to be unavailable
for proceedings of the Court or its officers.
F.
The judge shall order the release of the juvenile with one or more
of the following conditions:
(1)
The juvenile is placed in the custody of a parent(s), guardian(s),
caretaker(s), relative, or under the supervision of an agency agreeing
to supervise the juvenile.
(2)
The juvenile's travel, association with other persons or place of
residence during the time of release is restricted.
(3)
Any other condition deemed necessary and consistent with this chapter.
A.
Proceedings shall be initiated by the filing of a petition signed
by the Prosecutor.
B.
Any Department social worker; school resource officer, social worker,
truancy officer, and/or other designated school personnel; or parent(s),
guardian(s) or caretaker(s) who has knowledge of the facts alleged
or is informed of them and believes that they are true; or a law enforcement
officer upon information and belief, may cause a petition to be initiated
by the Prosecutor.
C.
The Prosecutor shall determine whether a petition should be filed
or whether the matter should be referred to other appropriate forums/agencies,
including Netāēnawemākanak, coordinated
care and diversion programs to address the needs of the juvenile and
to determine what is in the juvenile's best interest, including family
involvement.
D.
Where there is an indication that the juvenile may be mentally ill
or mentally disabled, the Court, the Prosecutor or party may motion
for an order to have the juvenile examined by a psychiatrist or psychologist
prior to a hearing on the merits of the petition.
A.
Jurisdiction over juveniles alleged to be in need of protection or
services exists under one or more of the following circumstances:
(1)
Being subject to compulsory attendance, is consistently absent or
tardy from school, pursuant to [Menominee Truancy Law Cite]; or
(2)
Consistently disobeys the reasonable and lawful demands of his/her
parent(s), guardian(s), or caretaker(s), or school personnel and is
beyond control; or
(3)
Has run away from parent(s), guardian(s), and/or caretaker(s) home;
or
(4)
Has committed a traffic offense; or
(5)
Has committed other noncriminal offenses under the Tribal Code; or
(6)
Child who is under the age of 10 and has committed a delinquent act;
or
(7)
Child who has been determined not to be responsible for a delinquent
act by reason of mental disease or defect, or who has not been determined
competent to proceed; or
(8)
Child who had dropped out of school.
B.
If at least one of the circumstances above establish jurisdiction,
that jurisdiction extends to the juvenile, the parent(s), guardian(s)
or caretaker(s).
C.
Form and content. A petition initiating any proceeding under this
article shall be captioned "Menominee Tribal Court," "Menominee Indian
Reservation" and entitled, "In the interest of_____, DOB:_____, and
shall set forth with specificity:
(1)
The facts necessary to invoke the jurisdiction of the Court.
(2)
A statement that the juvenile is in need of supervision, care or
rehabilitation.
(3)
A plain and concise statement of facts upon which the allegations
are based, including the date, time and location at which the alleged
act(s) occurred, including any appropriate citations to the Code.
(4)
The name, birth date, enrollment status, residence and address of
the juvenile.
(5)
The names and residence addresses of parent(s), guardian(s), and
caretaker(s); and if none of the parent(s), guardian(s), or caretaker(s),
reside or can be found within the Menominee Indian Reservation, or
if their residence or addresses are unknown, the name of any known
adult relative residing within the Menominee Indian Reservation, or,
if none, the known adult relative living nearest to the Court.
(6)
The name of the Prosecutor presenting the petition and the date and
time presented.
(7)
A statement of the date referred to the Prosecutor and that the petition
was filed within 30 days of that date.
(8)
Whether the juvenile is in protective custody and, if so, the place
and the time he/she was taken into custody.
(9)
List of the Prosecutor's proposed witnesses.
(10)
If any matters required to be set forth by this section, not
including the allegations, are not known, a statement that they are
not known should be made.
(11)
A name and address of school enrolled.
(12)
The active efforts made by the Department or other agencies,
persons or entities to prevent the removal of the juvenile from the
parent(s), guardian(s) or caretaker(s) through the provision of specific
identified services, if appropriate.
(13)
The statements in the petition may be made upon information
and good-faith belief.
D.
Amending the petition.
(1)
No petition may be dismissed or reversed for any error or mistake
if the case and the identity of the juvenile named in the petition
may be readily understood by the Court; and the Court may order an
amendment curing defects.
(2)
With reasonable notification to the interested parties and prior
to the taking of a plea, the petition may be amended by the person
who filed the petition at the discretion of the Court. After the taking
of a plea, the petition may be amended, provided any objecting party
is allowed a continuance for a reasonable time.
B.
Notice shall be served via first class and certified mail, return
receipt requested for any person or parties the Court deem necessary
for proper adjudication;
C.
If any party who is required to be personally served is outside the
Tribe's service area, service shall be by certified mail, return receipt
requested, or by any means reasonably designed to give notice.
D.
If any current party's address is unknown, the petition shall be
published in a regularly published newspaper of the last known area
the party resided in.
E.
Service shall be made by any person over the age of 18 who is not
a party to the proceedings.
A.
A petition shall be dismissed with prejudice if an initial appearance
is not held within:
(1)
Ten calendar days from the date the petition is filed when a juvenile
is taken into protective custody (i.e., group home or foster care)
except as described below in § 278-56(3).
(2)
Twenty calendar days from the date the petition is filed when a juvenile is not taken into protective custody or is released except as described below in Subsection A(3).
(3)
The hearing may be continued, which shall not exceed 10 calendar
days if a juvenile is taken into protective custody, or 20 calendar
days if juvenile is not taken into protective custody upon motion
by:
(a)
The Prosecutor by reason of the unavailability of material evidence
and/or witnesses. Such motion must include information regarding the
nature of the material evidence presently unavailable and/or the name(s)
and address(es) of the unavailable witness(es) and will be granted
only upon a showing by the Prosecutor that they have exercised due
diligence in attempts to secure the evidence and/or attendance of
witness(es). If a proper showing of diligence is not made, the petition
must be dismissed with prejudice.
(b)
The Court for lack of service.
(c)
Any party to allow time for appointment of legal counsel.
A.
Purpose of the initial appearance is to determine probable cause
that the juvenile is in need of supervision and will proceed as follows:
(1)
Review the status of service of process;
(2)
Advise the juvenile and parties of their basic rights, pursuant to
this article, and of their continuing legal rights for the duration
of the proceedings;
(3)
Appoint a guardian ad litem or legal counsel, if appropriate.
(4)
Inform parties as to the contents of the petition and the possible
disposition.
(5)
Determine whether the petition is being contested.
(a)
Parties not contesting petition shall either:
(b)
Parties contesting petition shall deny the juvenile is in need
of protection and services.
(c)
The Court must determine that the plea or admission is made
voluntarily and without threat with understanding of the nature of
the acts alleged in the petition and the potential dispositions.
(d)
The Court shall make such inquiries to satisfactorily establish
that there is a factual basis for the plea or admission of the parties.
B.
If the petition is not contested, the Court shall:
(1)
Schedule a disposition hearing allowing for reasonable time for parties
to prepare;
(2)
The hearing shall be held no later than 30 calendar days after the
initial appearance, unless good cause is shown or the parties waive
time limits;
(3)
The Court may immediately proceed with disposition if all the parties
consent pursuant to the recommendations from the predisposition studies
and the Court requirements for disposition are met.
C.
If the petition is contested and/or adjourned for appointment of
counsel, the Court shall:
D.
Time limits under this section are mandatory.
A.
At any time after the filing of a juvenile in need of protection
and services petition, and before the entry of a judgment, the Court
may, on motion by the Prosecutor for the Department or legal counsel
for the juvenile or by the juvenile, suspend the proceedings and continue
the juvenile under supervision in his/her own home under terms and
conditions negotiated by the parties, including use of Netāēnawemākanak, coordinated
care or diversion programs and supervised by the Department. The Court
order continuing the juvenile under supervision pursuant to this section
shall be known as a "consent decree" and shall be voluntary by all
the parties.
B.
A consent decree shall remain in force for a period not to exceed
six months unless a motion for a hearing is filed by either the Prosecutor
or the juvenile's legal counsel or the juvenile to extend or revoke
the consent decree, or terminate Court supervision. A consent decree
may be only extended once for a maximum period not to exceed six months.
C.
Upon completion of the provisions of the consent decree or expiration
without a revocation, a party shall motion to dismiss the original
petition with prejudice.
A.
Hearing on petitions shall be conducted by the Court separate from
other proceedings. All hearings will be without a jury. In this section,
"fact-find hearing" means a hearing to determine if the allegations
under the petition are proved by clear and convincing evidence.
B.
The proceedings shall be recorded. The Court shall advise the parties
of their basic rights pursuant to this article.
C.
Hearings shall be closed to the general public. Only parties, their
legal counsel, witnesses and other persons requested by a party and
approved by the Court may be present at a closed hearing.
(1)
Witnesses may be sequestered by the Court upon motion from the parties.
In addition, persons the Court finds to have a proper interest in
the case may be admitted by the Court to closed hearings on the condition
they respect the confidentiality of the proceedings.
(2)
Those persons or parties who intentionally divulge information in
violation of this section may be ordered to pay a civil fine not to
exceed $500 and may be subject to other action by the Court necessary
to protect the confidentiality of the proceedings and the best interest
of the juvenile.
D.
The Court may use written reports if the right to have testimony
presented is voluntarily, knowingly, and intelligently waived by guardian
ad litem or legal counsel for the child.
E.
If the allegations as identified in the petition are denied, the
Court shall proceed to hear all of the evidence and enter into the
record whether or not the juvenile is in need of protection and service.
The Court shall:
(1)
Make findings of fact and conclusions of law relating to the allegations;
(2)
Find whether there juvenile is under the jurisdiction of the Court;
(3)
Find whether the allegations have been proved by clear and convincing
evidence;
(4)
Find whether the juvenile is in need of protection and services.
F.
If the Court finds that the allegations have not been proven by clear
and convincing evidence, it shall dismiss the petition with prejudice
and order the juvenile to be returned to the custody of the parent(s),
guardian(s) or caretaker(s) if not in their custody.
G.
If the Court finds that the juvenile is not in need of protection
or services, it shall dismiss the petition with prejudice and order
the juvenile to be returned to the custody of the parent(s), guardian(s)
or caretaker(s) if not in their custody.
H.
If the Court finds the juvenile is not within the jurisdiction of
the Court, it shall dismiss the petition with prejudice and order
the juvenile to be returned to the custody of the parent(s), guardian(s)
or caretaker(s) if not in their custody.
I.
If the juvenile is found to be in need of protection and services
pursuant to this article, the Court shall schedule a disposition hearing.
The Court may immediately proceed with a disposition hearing if all
parties consent and the Court report requirements are met.
J.
At the close of the fact-finding hearing in which the Court does
not immediately proceed with disposition, the Court shall set a date
for the dispositional hearing which allows reasonable time for the
parties to prepare but is no more than 30 days after the fact-finding
hearing, unless the Court enters an order finding good cause to go
outside the time limits.
[Added 5-20-2021 by Ord.
No. 21-42]
A.
If the Court finds that the juvenile is in need of supervision, the
Court shall order the Department to prepare a disposition report,
which shall include evaluations, assessments, a family assessment,
and other material to be considered by the Court.
B.
The report shall be submitted no later than five business days before
the scheduled hearing, except this time line may be waived if, following
a fact-find hearing, all parties agree to immediately go to disposition
and no party objects. If there is an objection, a disposition hearing
must be ordered.
C.
The disposition report shall contain the following information:
(1)
A statement of the specific harm to or matters of the juvenile that
intervention is designed to alleviate;
(2)
Department's jurisdiction finding;
(3)
Description of any case history, including previous Departmental
and/or Court ordered intervention;
(4)
Placement history; justification for continued out-of-home placement.
D.
If removal from our continued placement out of the home is recommended,
a statement of the likelihood of serious emotional or physical harm
to the juvenile if remaining in the home with his/her parent(s), guardian(s)
or caretaker(s) continues, harm the juvenile will suffer as a result
of protective custody, including emotional harm resulting from separation
from his/her parent(s), guardian(s) or caretakers(s);
E.
The reasonable and active efforts the Department has made to prevent
the removal of the juvenile from the home or why these efforts have
not been achieved.
F.
Permanency plan options for juvenile placed outside of the home.
G.
A case plan consisting of:
(1)
A description of the specific progress needed to be made by the parent(s),
guardian(s) or caretakers(s) and the juvenile in order to prevent
further harm to the juvenile; a specific plan setting out the steps
to be taken by the parent(s), guardian(s), caretakers(s), and social
worker; and a timetable for their completion, the reasons why such
a program is likely to be useful, the availability of any proposed
services and the assigned agencies overall plan for ensuring that
the services will be delivered;
(2)
A description of the family environment;
(3)
A description of the behavior that will be expected before a determination
is made to end Court supervision.
(4)
A description of the goals needed to be made by both parent(s) and
the juvenile in order to reunify or maintain the family unit.
H.
The social history of the juvenile.
I.
A recommended plan of rehabilitation or treatment and care for the
juvenile, based on the investigation conducted by the Department and
any report resulting from an examination or assessment that employs
the most effective means available to accomplish the objectives of
the plan.
J.
A description of the specific services or continuum of services that
the Department is recommending the Court to order for the juvenile
or family, the persons or agencies that would be primarily responsible
for providing those services, if any, and whether or not the juvenile
should receive a coordinated services plan of care.
K.
A statement of the objectives of the plan, including any desired
behavior changes and the academic, social and vocational skills needed
by the juvenile.
L.
A plan for the provision of educational services to the juvenile,
prepared after consultation with the staff of the school in which
the juvenile is enrolled or the last school in which the juvenile
was enrolled.
M.
If the agency is recommending that the Court order the juvenile's
parent, guardian, or legal caretaker to participate in mental health
treatment, anger management, individual or family counseling, or parent
training and education, a statement as to the availability of those
services and the availability of funding for those services.
A.
Purpose. Upon finding the juvenile in need of protection and services,
the Court shall:
(1)
Hold a disposition hearing;
(2)
Determine appropriate placement of the juvenile and the conditions
to continue placement in the home or reunification;
(3)
Determine conditions and appropriate services to prove care and rehabilitation
to the juvenile and the family to alleviate the issues giving rise
to the petition.
B.
Procedure.
(1)
Time lines. The hearing shall commence no later than 30 calendar
days after finding on the record that a juvenile is in need of protection
and services.
(a)
By motion of a party or by its own authority, the Court may
continue the hearing for a period not to exceed 10 business days to
receive reports and other evidence bearing on the need for care or
rehabilitation or in connection with disposition unless good cause
is shown or the parties waive time limits.
(b)
During any continuance of this section, the Court shall issue
and appropriate order for temporary legal custody.
(2)
Standard of proof. The petition bears the burden of proof by greater
weight of the credible evidence.
C.
The standards for disposition:
(1)
The safety and best interest of the juvenile shall always be of paramount
consideration.
(2)
To help families in crisis stay together.
(4)
The Courts consideration of determining the best interest of the
juvenile shall include, but not be limited to:
(a)
Recommendations by the Department.
(b)
Formal evaluations and assessments for the parent(s) and the
child, if necessary.
(c)
Other recommendations from other parties.
(d)
The Court may consider all relevant and material evidence helpful
in determining the questions presented, including oral and written
reports, and may rely on such evidence to the extent of its probative
value and may rely on other evidence even though not otherwise admissible.
D.
The Court may enter its judgment making any of the following dispositions
for the supervision, care and rehabilitation of the juvenile:
E.
Unless a juvenile found to be in need of protection and services
is also found to be delinquent, the juvenile shall not be confined
in an institution established for the care and rehabilitation of delinquent
children or an adult criminal facility.
F.
Whenever the Court vests placement in an agency or institution, it
shall transmit with the dispositional order copies of all clinical
reports, disposition studies and reports and other information in
its possession pertinent to care and treatment of the juvenile.
G.
Whenever the Court orders the juvenile to be taken into protective
custody and it is necessary to remove the juvenile from that initial
placement, the Department, 10 days prior to removing the juvenile,
shall contact the Prosecutor, in writing, to file a notice of change
of placement to the Court, or to request a hearing if the situation
warrants. In cases of emergency, a juvenile can be removed prior to
making contact with the Prosecutor. However, the Department shall
contact the Prosecutor to file notice of change of placement or request
a hearing as soon as possible after the removal.
H.
The Court may order that an adjudicated juvenile be transferred to
an appropriate facility for a period of not more than 30 calendar
days for purposes of diagnosis with direction that the Court be given
a report at the end of that period indicating the disposition which
appears more suitable.
I.
Disposition findings and conclusions of law.
(1)
The Court shall make written findings of fact and conclusions of
law based on the evidence presented to support dispositions ordered.
(2)
That the juvenile is under the jurisdiction of the Court.
(3)
If the Court orders out-of-home placement or continued out-of-home
placement, the Court shall make the following findings:
(a)
That return of the juvenile would be contrary to the welfare
of the child.
(b)
There appropriateness of the placement.
(c)
That reasonable efforts to prevent removal of the juvenile,
were either: made by the Department, made by the Department although
an emergency situation resulted in the immediate removal of the juvenile
from the home, not required under this chapter, or not made by the
Department.
(d)
The Court's consideration of reasonable efforts shall include,
but is not limited to, whether:
[1]
The Court may determine that reasonable efforts are not required
to be made when the Court finds the efforts would be futile; or the
parent(s), guardian(s) or caretaker(s) has subjected the child to
aggravated circumstances. In which case, a permanency review hearing,
pursuant to this chapter, shall be held within 30 calendar days of
such a determination.
(e)
That active efforts were made to provide remedial services and
rehabilitation programs designed to prevent the breakup of the family.
(f)
That continued custody of the juvenile by the parent is likely
to result in serious emotional or physical damage to the juvenile.
(g)
Placement is made in accordance with the order of preference
set forth in this chapter.
(h)
The Court may maintain any of the above findings from prior
proceedings subject to objection by any party. If a party objects,
the Court must hear argument at the time of the hearing and make a
finding.
(4)
The Court must make the initial findings described above in Subsection I(3) within 60 days after the child was removed from home.
(5)
The placement location of the Department is adopted or, after giving
bona fide consideration to the recommendations of the Department and
all parties, the placement location recommended is not adopted.
(6)
Any necessary findings relating to the statement of the guardian
ad litem.
(7)
Other findings as the Court deems necessary.
(8)
The Court shall make a finding within 180 days after a transition-to-independent-living
arrangement is entered into that the person's placement in out-of-home
care under the agreement is in the person's best interest.
J.
Disposition order.
(1)
The disposition order must be in writing.
(2)
The Court shall order the following:
(a)
Placement location.
[1]
Permit the juvenile to remain with his/her parent(s), guardian(s)
or caretaker(s) subject to conditions and limitations prescribed by
the Court;
[2]
Place the child under protective supervision of the Department;
[3]
Transfer and maintain legal custody of the child to the Department
for appropriate placement.
(b)
Expiration of order.
(c)
Conditions of supervision and/or return.
(d)
Specific services to be provided to juvenile and family.
(e)
Legal custody of the juvenile.
(f)
Parental contribution towards out-of-home placement.
(g)
Appointment of guardian ad litem or legal counsel duration/termination.
(h)
Any other disposition as may be necessary to serve the best
interests of the juvenile.
(3)
Duration. Expiration date of disposition orders shall be as follows:
(a)
In-home placement shall be for 12 months;
(b)
Out-of-home placement shall be the later of the following:
[1]
The date the juvenile reaches his or her 18th birthday;
[2]
The date the juvenile is granted a high school or high school
equivalency diploma or the date the child reaches his or her 19th
birthday, whichever occurs first, if the juvenile is enrolled full-time
in secondary school or vocational or technical equivalent and reasonable
expected to complete the program prior to age 19;
[3]
The date the juvenile is granted a high school or high school
equivalency diploma or the date the juvenile reaches his or her 21st
birthday, whichever occurs first, if all of the following apply:
[a]
The juvenile is a full-time student in secondary
or vocational school or technical equivalent.
[b]
An individualized education program is in effect
for the juvenile.
[c]
The juvenile or guardian, on behalf of the juvenile,
agrees to the order.
[d]
The juvenile is 17 years of age or older when this
order is entered.
(c)
If a change of placement is ordered, the Court shall review
the original expiration date and amend pursuant to this section.
K.
Disposition order review, modification, or extension.
(1)
Change of placement may be requested by the primary dispositional
Departmental worker, Department or Prosecutor by written notice:
(a)
Notice must include name and address of new placement, reason
for change, statement why new placement is preferable to present placement
and how it satisfies the objectives of the dispositional plan ordered
by the Court.
(b)
Notice must be sent to: juvenile's attorney, guardian ad litem,
parents, guardian, or caretaker and their representatives, if any.
(c)
Placement may be made immediately as authorized in the dispositional
order and if notice is given or if not authorized but parent(s), guardian(s),
or caretaker(s) signs a written waiver of objection.
(d)
Persons receiving notice, other than treatment foster parent,
may receive a hearing if their objection is filed within 10 days of
receipt of notice.
(e)
Change of placement may not be made earlier than 10 days after
written notice is sent if it is not authorized in the dispositional
order and waiver of objection is not signed.
(2)
Emergency change of placement may be made by primary dispositional
Department worker, Department or Prosecutor if emergency conditions
require immediate change of placement.
(3)
A hearing on change of placement is not required:
(a)
For placement changes authorized in the dispositional order
except where objections filed by person who received the notice alleges
new information available that affects the advisability of the Court's
dispositional order; or
(b)
When no party receiving notice of change of placement has filed
an objection with the Court within 10 days of receipt of notice for
change of placement.
(4)
Modifications.
(a)
Modifications to the dispositional order may be requested by
the juvenile, parent, guardian, caretaker, or legal custodian, any
party or agency bound by the dispositional order, Prosecutor, guardian
ad litem, or the Court on its own motion.
(b)
Modifications must set forth in detail the proposed modifications
and new information available that affects the advisability of the
Court.
(c)
Must be filed with the Court and served on all parties.
(d)
Unless written waivers of objection are signed by all parties,
a hearing must occur, with at least three days' notice to all parties.
Court may proceed immediately with hearing if all parties consent.
(e)
Change from in-home placement to out-of-home placement shall
be treated just as an initial disposition requiring all of the same
findings and efforts required by this article. Reasonable efforts
findings must be made no later than 60 days after the date the child
is removed from the home.
(5)
Extensions.
(a)
Extensions of dispositional order must be filed prior to expiration
of the order and must be accompanied by a written report.
[1]
The written report must, at a minimum, outline the objectives
that have been or not been met, evaluation of adjustment to placement
and progress, permanency review and options, and if out-of-home why
returning juvenile to home is not safe or feasible.
[2]
If the juvenile is placed outside of the home for 15 of the
last 22 most recent months, the report must include a recommendation
made on the suspension or termination of parental rights.
(b)
Hearings are required to extend a dispositional order and must
be help before the expiration of the dispositional order or period
of temporary extension.
(c)
Temporary extension may be granted for a period not more than
30 days if the request for extension is made prior to expiration but
the Court is unable to conduct a hearing. In commuting time for this
subsection, any time resulting from inability to notice juvenile due
to runaway status shall be excluded.
(d)
Any party may present evidence relevant to the issue of extension.
The appearance of the juvenile may be waived by the child's counsel
or guardian ad litem.
(e)
No change of placement may extend the expiration of the disposition
order.
(f)
Extensions are discretionary decisions made by the Court.
(g)
Dispositional orders based on unavailability may be extended
based upon failure to meet conditions relating to other parental deficiencies.
(h)
Court must make written findings of fact and conclusions of
law based on the evidence presented and in the same manner as the
original disposition order and issue a new dispositional order.
(i)
Burden of proof on the petitioner is greater weight of the evidence
presented for extensions.
(j)
Extensions made before the juvenile reaches age of majority
are effective up to one year even if the child reaches age of majority.
(6)
SPR or TPR warnings.
(a)
If a juvenile is in out-of-home placement, oral and written
suspension or termination of parental rights warnings should be given
at all change of placements, revision of disposition, and extension
hearings.
(b)
If the Court denies parental visitation, the Court shall provide
suspension or termination of parental rights warning and notice of
conditions for the parent to be granted visitation.
A.
The policy of the Tribe is to protect the best interests of its children
and to promote the stability of its families by setting forth standards
that reflect its cultural values while providing children a stable
foundation in a permanent home. Every child deserves a permanent and
stable home, and to be protected from emotional and mental harm caused
by separation from his or her family and uncertain temporary placement.
B.
Permanency options shall occur in order of the following preferences:
(1)
Reunify juvenile with parent(s), guardian(s), or caretaker(s);
(2)
Create permanent guardianship with qualified relative;
(3)
Create permanent guardianship with person(s) enrolled or eligible
for enrollment with the Indian juvenile's Tribe;
(4)
Create permanent guardianship with a qualified Indian.
(5)
Create permanent guardianship with a non-Indian.
(6)
Adoption with a relative.
(7)
Adoption with a person(s) enrolled or eligible for enrollment with
the Indian child's Tribe.
(8)
Adoption by a qualified Indian.
(9)
Adoption by a non-Indian.
(10)
Emancipation.
C.
Permanency plan shall be filed within the first 60 days from the
date the juvenile was removed from the home.
E.
These hearings shall review any progress made in the dispositional
order and include the following:
(1)
Determine the health and safety of the juvenile, the continuing need
for and appropriateness of the placement;
(2)
Determine the extent of progress made toward alleviating or mitigating
the causes necessitating the placement; and
(3)
Project a likely date by which the juvenile may be returned and safely
maintained at home and consider permanency options in the event return
of the juvenile does not occur.
(4)
Whether reasonable efforts were made to finalize the permanency plan
and the progress made towards the dispositional order listed above.
F.
If the Department determines that the most appropriate plan is placement
in another planned permanent living arrangement not identified in
this chapter, the Court shall ensure that the Department, by compelling
reasons and evidence, demonstrate that this is in the best interest
of the juvenile and the most appropriate plan. The Court shall enter
written factual findings and conclusions of law supporting its judgment.
G.
The permanency plan shall document any decision to pursue or not
to pursue a suspension or termination of parental rights.
H.
For juveniles that are in out-of-home care for 15 of the last 22
months, the Department must document by the 15th month one or more
compelling reasons not to file a suspension or termination of parental
rights unless a petition has been filed. The Department is permitted
to alter the permanency plan outside a permanency hearing and does
not require the Court to approve such exceptions documented in the
plan.
A.
A juvenile allegedly violating a valid order of the Court shall be
subject to an order to show cause hearing, where the Court will make
a determination of whether the allegation(s) are true. If the Court
finds that the allegations are true, the Court shall examine all possible
options to address the juvenile's compliance with the Court order,
including other alternatives and resources available, which shall
not include detention.
B.
If the juvenile continues to violate the orders of the Court and
all possible options to address the issues of noncompliance have been
considered, the Prosecutor may consider a delinquency proceeding and
it shall proceed in accordance with the delinquency provisions of
this chapter.
C.
Parent(s), guardian(s), or caretaker(s) allegedly violating a valid
order of the Court shall be subject to an order to show cause hearing,
where the Court will make a determination of whether the allegation(s)
are true. If the Court finds that the allegation(s) are true, the
Court shall examine all possible options to address their compliance
with the Court order, including alternatives and resources available,
which shall not include detention.
