If the suspension or termination of the parent-child relationship
is contested, a fact-finding hearing shall be conducted as follows:
A. Hearings on petitions shall be conducted by the Court separate from
other proceedings. The proceedings shall be recorded. The Court shall
advise the parties of their basic rights pursuant to this article.
B. All hearings shall be closed to the general public. Only the parties,
their legal counsel, witnesses and other persons requested by a party
and approved by the Court may be present at a closed hearing, and
on the condition that they respect the confidentiality of the proceedings.
C. Those persons or parties who intentionally divulge information in violation of Subsection
B of this section shall be guilty of an offense. Persons found guilty of violating the provisions of this section shall be subject to pay a civil fine not to exceed $500.
D. The Court, after hearing all of the evidence, shall make and record
its findings on whether or not:
(1) Grounds exist for the suspension or termination of parental rights;
(2) Whether reliable or credible information showing that continued custody
of the child or Indian child by the child's parent or Indian custodian
is likely to result in serious emotional or physical damage to the
child and reliable and credible information showing that active efforts
have been made to prevent the breakup of the child's family and that
those efforts have proven unsuccessful.
E. The Court may only decide whether any grounds for the suspension
or termination of parental rights have been proved and whether the
allegations have been proved in cases involving the involuntary suspension
or termination of parental rights. The Court shall decide what disposition
is in the best interest of the child after those findings.
F. If grounds for the suspension or termination of parental rights are
found by the Court, the Court shall find the parent unfit. A finding
of unfitness shall not preclude a dismissal of a petition. The Court
shall then proceed immediately to hear evidence and motions related
to disposition. The Court may delay making the disposition and set
a date for a dispositional hearing no later than 45 days after the
fact-finding hearing if any of the following apply:
(1) All the parties to the proceeding agree.
(2) The Court has not yet received a report to the Court on the history
of the child and the Court now orders an agency to file that report
with the Court, or the Court now orders that agency or requests the
tribal child welfare department of the Indian child's tribe to file
such a report before the Court makes the disposition on the petition.
G. If the Court delays making a permanent disposition, it may transfer
temporary custody of the child to an agency for placement of the child
until the dispositional hearing, in accordance with the order of placement
preference.