The Court shall conduct a Fact Finding Hearing to determine whether a child is in need of care.
A petition for Fact Finding Hearing shall be filed by Tribal Law Enforcement or other person authorized by the Tribe to file the petition and shall include:
(a) 
The name, date of birth, permanent address, and tribal status of the child and his or her parent, custodian, or guardian;
(b) 
The facts establishing the Court's jurisdiction;
(c) 
A detailed statement of the facts and reasons which support the allegation that the child is in need of care. If a request for a First Hearing was filed, it may be incorporated in this petition; and
(d) 
The location of the child and the time taken into custody. The location of the child does not have to be disclosed if it would endanger the child.
(Res. 90 A 35, 5/8/1990)
The Court shall set the date for the hearing to take place within 35 days the date the petition is filed. The Court Clerk shall provide notices of hearing to all parties at least five working days before the hearing. The notice shall include the date, time and place of the hearing along with a copy of the petition. The Indian Child Welfare Worker and Tribal Law Enforcement are responsible for letting the Court Clerk know as early as possible who the parties are so timely notice of the hearing can be given.
(Res. 90 A 35, 5/8/1990)
The parties to a Fact Finding Hearing may agree to a proposed order which resolves some or all of the issues of the case. Before deciding whether to approve the agreed order, the judge shall hold an in-chambers, ex parte discussion with the parent, custodian, or guardian to:
(a) 
Explain the proposed agreed order in detail and the consequences of the person's failure to comply with agreed terms;
(b) 
Assure that the person's consent to the proposed order is not the result of coercion, threat, duress, fraud, over-reaching, or improper promise on the part of any person;
(c) 
Explain the person's right to a spokesperson/counsel;
(d) 
Explain that the Tribe has the burden of proving the allegations in the petition and that the person does not have to agree to the proposed order;
(e) 
Explain that once the person agrees to the proposed order and it is signed and entered by the Court, it will be too late for the person to change his or her mind.
The in-chambers conversation need not be recorded. If the parent wants a friend, family member, or other people to be present, the judge shall allow it after first speaking alone with him or her. If the Court finds that any consent was the result of fraud or duress, the agreed order shall be vacated.
(Res. 90 A 35, 5/8/1990)