The Court shall conduct a Fact Finding Hearing to determine whether an adult is a vulnerable adult.
(Res. 94 A 134, 11/8/1994)
A petition for Fact Finding Hearing shall be filed by the Vulnerable Adult Case Manager, Law Enforcement or other person authorized by the Tribe to file the petition and shall include:
(a) 
The name, date of birth, and permanent address of the adult;
(b) 
The facts establishing the Court’s jurisdiction; and
(c) 
A detailed statement of the facts and reasons which support the allegation that the adult is a vulnerable adult.
(Res. 94 A 134, 11/8/1994)
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 (5) 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 Vulnerable Adult Case Manager and 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. 94 A 134, 11/8/1994)
The parties to a Fact Finding Hearing may agree to a proposed order which resolves some or all of the issues of the case. One or more guardians or a protective payee may be appointed in an agreed order. A family meeting or other informal mediation process may be used to help reach an agreement. Before deciding whether to approve the agreed order, the judge may hold an in-chambers, ex parte discussion with the vulnerable adult or any person who will be subject to the order to:
(a) 
Explain the proposed agreed order in detail;
(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 at his or her own expense;
(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; and
(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 person 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 may be vacated.
(Res. 94 A 134, 11/8/1994)