CHAPTER 6-4
DISPOSITION

6-4-1 Dispositional Hearing.

The purpose of the dispositional hearing is to provide for the health, welfare and safety of the child who is a Ward of the Juvenile Court during and after a treatment period. It also assist the Court in determining, in an informal setting, which treatment should be ordered while attempting to invoke corrective measures which led to the adjudication. The Court may order, when feasible, the writer of any report or study to appear and answer questions regarding that report if it be challenged by any party.

6-4-2 Reports.

Any reports created by the social service agency pursuant to Section 6-1-12, shall be filed with the Court and a copy delivered to the parties or their attorney at least five (5) days prior to the dispositional hearing. Certified copies of social study report, clinical reports or any other pertinent report shall follow the child if guardianship is vested with a social service agency.

6-4-3 Treatment Plan.

In every case the Court shall order the social service agency to prepare a detailed treatment plan for the treatment and disposition of the problems identified in the adjudication. The treatment plan shall be filed with the Court and a copy delivered to the parties or their attorney at least five (5) days prior to the dispositional hearing. The treatment plan shall contain at a minimum:

(A)    A brief social and family history.

(B)    A brief statement of the causes of the Court exercising its jurisdiction.

(C)    The specific programs and actions the family should be required to complete, their duration, and what is expected to be accomplished.

(D)    The person or agency to be vested with legal custody of the child if the child cannot remain in its own home, and a detailed plan describing how and when the child will be returned home under supervision and when Court supervision should cease.

6-4-4 Continuance.

The Juvenile Court may continue the dispositional hearing, either on its own motion or on the motion of any interested party, for a reasonable period to receive reports or other evidence. If the hearing is continued, the Court shall make an appropriate order for temporary custody of the child and any other such order or condition as the Court may find for the protection of the child during the continuance.

6-4-5 Order of Protection.

The Court may make an order of protection and may set forth reasonable conditions of behavior to be observed for a specified period to any person who is party to the proceeding. After notice and opportunity for hearing is given to a person subject to an order of protection, the order may be terminated, modified, or extended for a specified period of time if the Court finds that the best interests of the child and the Tribe will be served. A person failing to comply with an order of protection without good cause may be found in contempt of Court.

6-4-6 Types of Protection Order.

The order of protection may require, but is not limited to, any such person:

(A)    To stay away from a child or his residence.

(B)    To permit visitation with the child at stated periods.

(C)    To abstain from offensive conduct against a child, the parent or parents, guardian, or any other person to whom legal custody of a child has been given.

(D)    To give proper attention to the care of the home.

(E)    To cooperate in good faith with an agency

(1)    which has been given legal custody of a child.

(2)    which has been providing protective supervision of a child by Court order.

(3)    which has been referred by the Court.

(F)    To refrain from acts which may tend to make a home an improper place for a child.

(G)    To perform any legal obligation of support.

6-4-7 Placement Preferences.

State courts shall follow the placement preference rules outlined herein. The Juvenile Court may consider the preference of the parents and the proximity of the prospective foster home to the child’s home in applying these preferences. For each possible placement, the Juvenile Court shall consider the willingness, fitness, ability, suitability, and availability of each person in a placement category before considering the next lower level of placement preference. In making a placement or committing legal custody of a child to some person in the dispositional process whether for foster care or adoption, the Court shall place the child in the following descending order of preference:

(A)    The natural parents, adoptive parents, or step-parents as the case may be.

(B)    A member of the Tribe over eighteen (18) years of age who is the child’s blood-related relative.

(C)    A member of another Indian tribe over eighteen (18) years of age who is the child’s marriage-related relative.

(D)    Any other member of the Tribe and their spouse.

(E)    Any other Indian person and their spouse.

(F)    An Indian foster home licensed by the social service agency, any other licensing authority within the State or licensed by some other tribe.

(G)    An institution for children licensed or approved by the social service agency with a program suitable to meet the child’s needs.

6-4-8 Religious Preferences.

In placing the child’s legal custody or guardianship with an individual or a private agency, the Court shall give primary consideration to the welfare of the child, but shall take into consideration the religious preferences of the child or of its parents whenever practicable.

6-4-9 Disposition Decree.

A decree of disposition vesting legal custody and guardianship of a child shall be for an indeterminate period, not to exceed two (2) years, unless renewal by the Juvenile Court is the best interests of the child. Such decree shall be reviewed by the Juvenile Court every six (6) months after it is entered provided that no other action is required.

Upon entering a disposition decree of a Ward of the Court, the Juvenile Court shall include one or more of the following provisions which it finds appropriate:

(A)    The Court may place the child in the legal custody of a parent or guardian and under such conditions as the Court may impose which may include probation or protective supervision.

(B)    The Court may place the child in the legal custody of a relative or other suitable person, in accordance with Section 6-4-7 and under such conditions as the Court may impose which may include probation or protective supervision.

(C)    The Court may place legal custody in the social service agency for placement in accordance with Section 6-4-7.

(D)    The Court may order that the child be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that he receive other special care and may place the child in a hospital or other suitable facility for such purposes.

(E)    The Court may commit the child to any institution or group care facility designated by the Court.

6-4-10 Legal Custody-Guardianship.

Any individual, agency, or institution vested by the Juvenile Court with legal custody and guardianship of a child shall have the duty to provide food, clothing, shelter, ordinary medical care, education and discipline, excepting the right to consent for the child’s adoption unless expressly granted by the Juvenile Court. Further, such individual, agency or institution shall have the duty to provide any information concerning the child which the Juvenile Court may require at any time.

Any social service agency vested by the Juvenile Court with legal custody of a child shall have the right, subject to the approval of the Court and in accordance with Section 6-4-7, to determine where and with whom the child shall live.

No individual vested by the Court with legal custody of child shall remove the child from the state for more than thirty (30) days without Court approval.

6-4-11 Probation.

(A)    The terms and conditions of probation shall be specified by rules or orders of the Court. Each child placed on probation shall be given a written statement of the terms and conditions of its probation and shall have such terms and conditions fully explained.

(B)    The Court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every six (6) months.

(C)    The Court may release a child from probation or modify the terms and conditions of its probation at any time, but any child who has complied satisfactorily with the terms and conditions of its probation for a period of two (2) years shall be released from probation, and the jurisdiction of the Court shall be terminated.

(D)    The Court shall take appropriate action:

(1)    When it is alleged that a child has violated the terms and conditions of its probation, the Court shall set a hearing on the alleged violation and shall give notice to the child and the parents, guardian or other legal custodian, and any other parties to the proceeding.

(2)    The child, its parents, guardian, or other legal custodian shall be given a written statement concerning the alleged violation and shall have the right to be represented by counsel at the hearing, at its or their own cost, and shall be entitled to the issuance of compulsory process for the attendance of witnesses.

(3)    The hearing on the alleged violation shall be conducted as soon as possible.

(E)    If the Court finds that the child violated the terms and conditions of probation, it may modify the terms and conditions of probation, revoke probation, or take such other action permitted by this Title which is in the best interest of the child and the Tribe.

(F)    If the Court finds that the child did not violate the terms and conditions of his probation as alleged, it shall dismiss the proceedings and continue the child on probation under the terms and conditions previously described.

6-4-12 New Hearing Authorized.

A parent, guardian, custodian, or next friend of any child adjudicated under this Title, or any person affected by a decree in a proceeding under this title, may petition the Court for a new hearing. If it appears to the Court that the motion should be granted, it shall order a new hearing and shall make such disposition of the case as warranted by all the facts and circumstances and the best interest of the child. The grounds for a new hearing are:

(A)    That new evidence, which was not known or could not with due diligence have been made available at the original hearing and which might affect the decree, has been discovered.

(B)    That irregularities in the proceedings prevented a fair hearing.

6-4-13 Orders for Support.

Whenever a child is removed from the custody of its parent, guardian, or other custodian, the parent or other person shall be ordered by the Court to contribute a reasonable amount within their means, or take other reasonable action to provide support for the child. In all cases of placement for foster care of a child, the parent’s contribution shall be paid through the Court to the placement agency to prevent misuse of such funds.

6-4-14 Continuing Jurisdiction.

Except as otherwise provided in this Title, the jurisdiction of the Juvenile Court shall continue until the person becomes emancipated unless terminated by Court order.