Chapter 6.20 YOUTH IN NEED OF CARE

B. The filing of any of the above requests or petitions makes the subject youth a ward of the Court immediately upon filing, and the youth remains a ward of the Youth Court until a final disposition of the action, unless otherwise stated by the Youth Court.

C. Only the Tribe may request a warrant under this chapter; however, any person may bring any other action under this title at his/her expense. The Court Clerk shall immediately notify the Youth Home Director and Social Services Director in writing of any action begun in Youth Court by someone other than the Tribe.

D. A verbatim record shall be made of all proceedings which might result in the deprivation of custody. A verbatim record shall be made in all other hearings conducted under this title unless waived by all parties to the proceeding and so approved by the Court. However: no verbatim record shall be made in all other hearings conducted under this chapter unless waived by all parties to the proceeding and so approved by the Court; and no verbatim record may be made during an informal conference. [Res. 2016-17; Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.010.]

6.20.020 Complaint.

A. Any person having reason to believe that a youth is in need of care, as defined in this title, shall immediately report the matter to the Tribal Law Enforcement Department, the Youth Home Director, the Social Services Director, or a youth caseworker.

B. Any person failing, neglecting, or refusing to report as provided in subsection A of this section is subject to a civil penalty not to exceed $300.00.

C. The name of the complainant shall not be released to anyone other than a presenting officer, law enforcement officer, Youth Home Director, youth caseworker, judicial officer or the Youth Court, unless otherwise ordered by the Youth Court or permitted in writing by the complainant. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.020.]

6.20.030 Duties and powers of law enforcement officers.

A. Upon receipt of a complaint made pursuant to CTC 6.20.020(A), the Tribal Law Enforcement Department shall immediately and orally notify the Youth Home Director, the Social Services Director, or a youth caseworker of the nature of the complaint. If requested by the Director or caseworker, or if the Director or caseworker is not available, a law enforcement officer shall immediately investigate the matter to determine whether further action is necessary. Upon termination of the investigation, the officer shall submit a written report containing the names, ages, addresses and Tribal status, if known, of the youth, his or her parents, guardian, or other custodian; the nature and extent of any injuries, including any evidence of previous injuries; and other information that might be helpful in establishing the cause of the injuries and the identity of the person or persons responsible for the injuries; or including information as to why the officer or complainant believes the youth is otherwise in need of care. The report shall also state where the youth has been referred, if applicable, and where he or she may be found.

B. If the law enforcement officer reasonably believes the youth is in an emergency situation, he or she may take the youth into custody; however, if a Youth Court judge or judicial officer is available and there is sufficient time, the law enforcement officer shall first request a warrant in accordance with CTC 6.20.050.

C. Notwithstanding subsection B of this section, if the officer reasonably believes that the youth has run away from his or her parent, guardian, or other custodian, which includes a youth who has violated a court placement order entered in an alternative residential placement proceeding, the officer may immediately take the youth into custody without warrant or parental consent.

D. If a warrant has been issued pursuant to CTC 6.20.050, the officer may take the youth into custody and shall leave a copy of the warrant with the youth’s parent, guardian or other custodian if he or she can be reasonably located.

E. A law enforcement officer who, without a warrant, takes a youth into custody under any provision of this chapter shall proceed as follows:

1. Release the youth to his or her parent, guardian or custodian and issue verbal counsel or warning as may be appropriate unless he or she reasonably believes that shelter care is necessary; or

2. If the youth is not released, make immediate and recurring efforts to notify the youth’s parent, guardian or other custodian that the youth has been taken into custody, the youth’s location, the basis of the complaint, and of his or her right of reasonable visitation with the youth until an investigation is made by the Youth Home Director, Social Services Director, or youth caseworker to determine whether shelter care is necessary for the youth; and

3. If the youth is not released, immediately notify the Youth Home Director and/or Social Services Director and request direction as to whether the youth should be placed in shelter care and as to where the youth should be taken; and

4. If the Youth Home Director or Social Services Director cannot be reached after reasonable, repeated and diligent efforts of the law enforcement officer, the officer may place the youth in shelter care but shall continue attempts to notify the Youth Home and Social Services Directors and to obtain his or her decision on the need for shelter care. In placing the youth in shelter care without the Youth Home or Social Services Directors’ concurrence, the officer shall utilize the Tribe’s approved list of shelter care facilities and shall follow any established instructions regarding the use of such facilities.

F. If the officer believes that the youth is not in an emergency situation and does not take the youth into custody, but there exist reasonable grounds to believe the youth is in need of care, the officer shall so notify the Youth Home Director, Social Services Director, or youth caseworker. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.030.]

6.20.040 Duties and powers of the Youth Home and Social Services Directors.

A. Upon the receipt of a complaint under CTC 6.20.020(A) or a notice from the Tribal Law Enforcement Department, the Youth Home Director or youth caseworker shall immediately investigate the matter to determine whether further action is necessary, or if circumstances so require, the Director, Social Services Director or caseworker may request a law enforcement officer to investigate.

B. The Director or caseworker shall not place a youth in shelter care nor otherwise take the youth into custody unless and until a Youth Court judge or judicial officer has issued a warrant pursuant to CTC 6.20.050, or a law enforcement officer has taken the youth into custody and the Director or caseworker reasonably believes that the youth is in an emergency situation and requires shelter care, or there exist grounds to reasonably believe that the youth has run away from his/her parent, guardian or custodian.

C. Whenever the Director reasonably believes that a youth is in an emergency situation and requires shelter care and a Tribal Court judge or judicial officer is not available to issue a warrant under CTC 6.20.050, the Director or a youth caseworker is authorized to take custody of the youth and shall immediately thereupon transport the youth to a shelter care facility if accompanied by a Tribal law enforcement officer, unless an officer cannot be located after repeated, diligent efforts.

D. If the youth’s parent, guardian, or custodian has not been notified, the Director shall make immediate and repeated efforts to inform him/her that the youth has been taken into custody and shall release the youth to his/her parent, guardian or other custodian unless a warrant has been issued pursuant to CTC 6.20.050, or unless the youth has been taken into custody pursuant to either subsection B or C of this section.

E. Whenever a youth is taken into custody under this chapter and it is likely that s/he will not be released to his/her parent, guardian or other custodian within 48 hours, the Director shall immediately file a request for preliminary inquiry. [Res. 2016-17; Res. 2011-020; Res. 2006-6. Prior code § 12.2.5.040.]

6.20.050 Warrant.

A. The Youth Home Director, Social Services Director, youth caseworker, law enforcement officer or a presenting officer may request that a warrant be issued ordering that a youth be taken into custody, in accordance with the following procedure:

1. Filing a request for warrant which shall be accompanied by one or more affidavits containing essential facts, personally known to the affiant, supporting the belief that the youth is in an emergency situation requiring shelter care.

2. An affidavit may be based upon hearsay information if it also contains a showing that the hearsay information is reliable.

B. A warrant under this section may be issued only by a Tribal Court judge or judicial officer.

C. A warrant may be issued only if the judge or judicial officer determines that there is probable cause to believe that the youth is in an emergency situation and that shelter care is necessary.

D. There is a presumption in favor of issuing the warrant.

E. A warrant is not rendered invalid solely because it is based upon false statements of material fact innocently or negligently made by the affiant.

F. A warrant is rendered invalid if it is based upon false statements of material fact which are knowingly or recklessly made by the affiant.

G. The warrant shall specifically name the youth to be taken into custody, be signed by the judge or judicial officer, state the date and time it was issued, the place where the youth is to be taken and name the person or persons authorized to take the youth into custody.

H. The warrant shall be served during daylight hours unless service at night is specifically authorized in the warrant.

I. The warrant is valid for a period of 48 hours, or, by request of the party seeking the warrant and if approved by the Court, may extend until such time that the youth is taken into custody, or that the affiant provides a sworn statement to the Court retracting the assertions of fact that accompanied the request for warrant, or that the youth reaches the age of 18.

J. A youth taken into custody pursuant to this chapter may be held until the conclusion of the preliminary inquiry unless otherwise ordered by the Court.

K. The taking of a youth into custody pursuant to this chapter is not considered an arrest.

L. If the person authorized in the warrant to take custody of the youth is not a Tribal law enforcement officer, s/he must be accompanied by such an officer when taking custody of the youth pursuant to the warrant.

M. A finding of probable cause under this section does not constitute a finding of probable cause for purposes of CTC 6.20.100.

N. During such periods when the Tribe has no general Law Enforcement Department, the Youth Home Director, Social Services Director or caseworker is authorized to request and execute a warrant without being accompanied by a law enforcement officer. [Res. 2016-17; Res. 2011-067; Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.050.]

6.20.060 Consent to take a youth into custody.

A. A custodial parent, guardian or other custodian may authorize a law enforcement officer, the Youth Home Director, Social Services Director or a youth caseworker to take a youth into custody.

B. Such authorization must be in writing, dated and signed by the custodial parent, guardian or other custodian, but failure to date the authorization does not by itself render the authorization invalid.

C. Unless otherwise specifically expressed in writing by the custodial parent, guardian or other custodian, the youth shall be placed in accordance with the placement preference provided in CTC 6.05.120 and 6.05.130.

D. The custodial parent, guardian or other custodian may withdraw his or her consent in writing at any time and upon such withdrawal the youth shall be released immediately, unless the person or agency having custody of the youth believes that the youth is in need of care and requires shelter care, in which case a request for preliminary inquiry shall be filed within 24 hours of receipt of the withdrawal of consent. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.060.]

6.20.070 Investigation by youth caseworker.

A. Whenever a youth has been taken into custody under this chapter or a request for preliminary inquiry has been filed, the youth caseworker shall make an immediate investigation into the matter to determine whether the interests of the youth and the Tribe require that further action be taken.

B. Based upon his or her investigation, the youth caseworker may, prior to or during the preliminary inquiry:

1. Recommend that no further action be taken; or

2. Suggest to the youth, his or her parent, guardian or other custodian, and the initiating party, if any, that they attend an informal conference provided in CTC 6.20.080; or

3. Recommend to the Youth Court judge or the judicial officer that the youth, his or her parent, guardian or other custodian, and the initiating party, if any, be ordered to attend an informal conference; or

4. Recommend that a petition for fact-finding be filed pursuant to CTC 6.20.130. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.070.]

6.20.080 Informal conference.

A. A youth caseworker, the Youth Home Director or the Social Services Director may hold an informal conference with the youth’s parent, guardian or other custodian, and the initiating party, if any, if they so consent, to discuss alternatives to the filing of a petition for fact-finding or, if the youth has not been taken into custody, a request for preliminary inquiry.

B. At the preliminary inquiry the Youth Court may order the youth, his parent, guardian or other custodian; and initiating party, if any, and any other interested person within the Court’s jurisdiction, to attend an informal conference if it finds that such a conference may resolve the matter prior to a fact-finding hearing.

C. If the parent, guardian or other custodian does not consent to the conference or if s/he has not been ordered at the preliminary inquiry to attend a conference, the Youth Court, upon petition, may order him/her or any other person within the Court’s jurisdiction to attend the conference.

1. The petition shall be in writing, state the attempts made to arrange a conference by consent, and briefly state why a conference would be helpful in serving the youth’s best interests.

2. The Court Clerk shall set a hearing on the petition to be held within 14 days of filing, and shall immediately serve notice and an attached copy of the petition upon the persons whose attendance is sought at least five days before the hearing, unless notice of the hearing has been given previously at the preliminary inquiry pursuant to CTC 6.05.160(C).

3. In the absence of a clear showing of good cause why attendance should not be ordered, the Youth Court shall grant the petition.

D. In accordance with CTC 6.05.160(C), notice of the date, time and place of the informal conference may be given orally by the Youth Court judge or the judicial officer during the preliminary inquiry, the hearing on the petition for informal conference, or during any other initial proceeding; or by regular mail to the party’s last known mailing address.

E. No attorneys may be present at any informal conference unless all parties so agree.

F. Substantive information obtained at the conference is not admissible as evidence at any proceeding unless all parties otherwise agree, but the terms of an agreed-upon supervision or treatment plan developed during an informal conference may be admissible as evidence at a subsequent proceeding under this title involving the care of the youth.

G. At the conference, the youth caseworker or Youth Home Director may:

1. Refer the youth and his or her parent, guardian or other custodian to a community agency or program or other source of assistance; or

2. Suggest terms of a supervision or treatment plan which shall be calculated to assist and benefit the youth, regulate the conduct of the youth and/or his or her parent, guardian or other custodian; and be within their ability to perform.

H. Based upon the results of the informal conference, the Youth Home Director, Social Services Director or youth caseworker may recommend that no further action be taken, dismissal or suspension of pending proceedings, or that a petition for fact-finding be filed.

I. The caseworker or Director shall set forth in writing the conclusions reached at the informal conference and the disposition agreed to by the parties for remedying the situation or conditions which contributed to the allegations that the youth is in need of care.

J. Any informal adjustment period, treatment or supervision plan shall not exceed six months, and, if approved by the Court, suspends all time limits prescribed under this chapter.

K. The caseworker or Director shall review the youth’s progress every 30-day period. The caseworker and Director may recommend at any time that no further action be taken or, whenever it appears that positive results are not being nor likely to be achieved, s/he shall recommend that a petition for fact-finding be filed pursuant to CTC 6.20.130. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.080.]

6.20.090 Preliminary inquiry – Purpose.

The purpose of the preliminary inquiry is to determine:

A. The Tribal membership and Indian status of the youth, pursuant to CTC 6.10.050(F);

B. Whether probable cause exists to believe the youth is in need of care; and

C. Whether shelter care is necessary pending further proceedings. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.090.]

6.20.100 Preliminary inquiry – Procedure.

A. The preliminary inquiry is conducted by either a Youth Court judge, or a judicial officer subject to the limitations of CTC 6.15.010 and 6.15.020.

B. A preliminary inquiry is initiated by a request for preliminary inquiry filed with the Court Clerk. Unless the matter has been resolved previously, a request for preliminary inquiry:

1. Must be filed within 24 hours (excluding holidays) of receipt of the withdrawal of consent, pursuant to CTC 6.20.060;

2. Must be filed within 48 hours (excluding holidays) of taking a youth into custody without written consent specified in CTC 6.20.060;

3. May be filed at any time if the youth has not been taken into custody, but within one year of the acts complained of in the request.

C. If a request for preliminary inquiry must be filed pursuant to subsection (B)(1) or (B)(2) of this section, and is not filed within the period stated, the youth shall be released immediately to his or her parent, guardian, or other custodian, unless custody was obtained by consent given pursuant to CTC 6.20.060 and such consent has not been withdrawn. A youth so released shall not again be taken into custody for the same matter absent a court order, warrant, or CTC 6.20.060 consent.

D. A request for preliminary inquiry may be filed by any person having knowledge of the facts alleged therein.

E. A request for preliminary inquiry shall include:

1. A citation to the specific statutory provision of this title which grants the Youth Court jurisdiction of the proceeding;

2. The names, ages, addresses and Tribal status, if known, of the subject youth and his/her parents, guardian, or other custodian;

3. A plain and concise statement of the facts which support the allegation that the youth is in need of care, and support that request. Such statements shall include the date, time and place at which the alleged events occurred. The allegations in a request for preliminary inquiry may be based solely on hearsay information if they contain a showing of reliability;

4. A copy of any warrant issued pursuant to CTC 6.20.050, and a statement naming the facility in which the youth was placed whether pursuant to a warrant or not; and

5. The name, signature and address of the person submitting the request.

F. More than one youth may be named in a request for preliminary inquiry.

G. A preliminary inquiry shall be conducted:

1. Within three days (excluding holidays) of a request filed pursuant to subsection (B)(1) or (B)(2) of this section;

2. Within 14 days of a request filed pursuant to subsection (B)(3) of this section.

H. If the preliminary inquiry is not conducted within a specified period, the youth shall be released immediately to his or her parent, guardian or other custodian, absent CTC 6.20.060 consent.

I. Notice of the preliminary inquiry shall be given by the Court Clerk to the parties in accordance with CTC 6.05.160, and shall include:

1. The name of the court; and

2. The title, case name, and number of the proceeding; and

3. An attached copy of the request for preliminary inquiry; and

4. The date, time and place of the preliminary inquiry; and

5. A statement that the youth and his or her parent, guardian, or other custodian have the right under Chapters 6.10 through 6.55 CTC and CTC 3.40.090 to have a lawyer or other person represent them at the preliminary inquiry, but that they may be responsible for payment for any such representation.

J. The Youth Court may not continue a preliminary inquiry solely to allow a party to obtain legal representation; however, a party who appears at a preliminary inquiry without legal representation does not waive his/her right to appeal any procedural or substantive error made at a preliminary inquiry by failing to make objections during the inquiry if legal representation is obtained and written objections are made before the start of the fact-finding hearing.

K. A notice which does not meet the requirements of subsection I of this section is void and confers no jurisdiction over the parties.

L. A party who appears voluntarily need not be served a notice under subsection I of this section but shall be given personally a copy of such notice upon his or her appearance at the preliminary inquiry or upon his or her request.

M. If the youth’s parent, guardian, or other custodian is not present at the preliminary inquiry, the Youth Court shall determine what efforts have been made to notify him and to obtain his attendance. If it appears that further efforts are likely to produce him, the Youth Court may continue the preliminary inquiry for a reasonable period of time, and shall direct the party who filed the request for preliminary inquiry to continue efforts to obtain the attendance of the parent, guardian, or other custodian. If such continued efforts fail to produce his or her attendance, the preliminary inquiry may be resumed in his or her absence.

N. The Youth Court may provide for shelter care of the youth during any continuance of a preliminary inquiry if it appears from the factual allegations of the request that such shelter care may be necessary.

O. If, at the conclusion of the preliminary inquiry, the Youth Court finds that there does not exist probable cause to believe the youth is in need of care, the Court shall release the youth from any shelter or other care facility in which he or she may have been placed and shall immediately return the youth to his or her parent, guardian, or other custodian.

P. If the Youth Court finds that there exists probable cause to believe that the youth is in need of care, it may order:

1. That the youth be released to his or her parent, guardian, or other custodian pending further proceedings, unless the Court finds that there is also probable cause to believe that:

a. The youth will run away or otherwise be unavailable for further proceedings;

b. The youth will be in an emergency situation if he is returned to his parent, guardian or other custodian;

c. The youth will cause serious damage to person or property; or

d. The youth requires medical care, treatment, or evaluation that he or she could not otherwise receive if he or she were to remain in the custody of his or her parent, guardian, or other custodian.

2. That shelter care be started or continued if the Court makes a finding under subsection (P)(1) of this section;

3. That the youth be released to a member of his or her extended family or other responsible adult Tribal member irrespective of the availability of other placement facilities; or

4. That the youth and his or her parent within the Court’s jurisdiction, attend an informal conference, and shall advise the parties as to the date, time and place of such conference; or

5. That the parties shall keep the Court informed as to any changes in their mailing addresses.

Q. If it appears that a petition for fact-finding will soon be filed based upon the findings at the preliminary inquiry, the Court shall set a date and time for the fact-finding hearing and shall advise the parties of the date, time and place of that hearing, and shall order their attendance at the hearing. If the parent, guardian or other custodian is not present at the inquiry, and notice of the inquiry has been served in accordance with CTC 6.05.160, notice of the fact-finding hearing may be served in accordance with CTC 6.05.160(C).

R. Any placement of a youth pursuant to this section shall be in accordance with the placement preference specified in CTC 6.05.120 and 6.05.130, taking into consideration the recommendations prepared pursuant to CTC 6.20.070. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.100.]

6.20.110 Reserved.

[Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.110.]

6.20.120 Reserved.

[Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.120.]

6.20.130 Fact-finding hearing.

A. The primary purpose of a fact-finding hearing is to determine whether a youth is actually in need of care and the Court shall hear testimony concerning the circumstances that gave rise to the petition for fact-finding. If a preliminary inquiry has not been held, the Court shall also determine the Indian status of the youth.

B. A fact-finding hearing is initiated by filing a petition for fact-finding.

1. Said petition shall be filed within seven days of the preliminary inquiry (excluding holidays), or, if a preliminary inquiry has not been conducted and is not required by CTC 6.20.100, at any time, subject to the conditions of CTC 6.20.100(J).

2. If the petition is not filed within the period specified, the youth shall be released from any shelter care in which he or she may have been placed.

3. The petition shall include:

a. The name of the court;

b. The title of the proceeding and the case name and number;

c. The name, birth date, address and Tribal status, if known, of the youth;

d. The names, addresses, and Tribal status, if known, of the youth’s parents, guardian or other custodian;

e. A detailed statement of facts and reasons which support the allegation that the youth is in need of care; however, if a request for a preliminary inquiry was filed previously, the petition may incorporate by reference the contents of the request; and

f. A brief statement of any prior disposition of the youth at the preliminary inquiry and the results of such disposition, including any reports presented at the inquiry.

C. Upon receipt of the petition, or during a preliminary inquiry, the Court shall set a date for the fact-finding hearing which shall be held not more than 21 days after the petition is filed or the preliminary inquiry concludes, whichever comes later.

D. If the fact-finding hearing is not held within the specified period, the petition shall be dismissed with prejudice and cannot again be filed based upon the same facts, unless the hearing has been continued pursuant to CTC 6.05.080.

E. At least five days prior to the fact-finding hearing the Clerk of the Youth Court shall serve notice to the parties in accordance with CTC 6.05.160. Notice shall be served also to any other person whom the Youth Court or a party believes is necessary for a proper adjudication at the hearing.

F. Notice issued pursuant to this section shall include:

1. The name of the court; and

2. The title of the proceedings and the case name and number; and

3. The date, time and place of the hearing; and

4. An attached copy of the petition for fact-finding.

G. The parties shall be afforded all rights specified in CTC 6.05.170.

H. If the allegations of the petition for fact-finding are sustained by clear and convincing evidence (which may include, in part, hearsay evidence), the Court shall find the youth to be in need of care and shall proceed to the dispositional hearing.

I. If the allegations of the petition for fact-finding are not sustained, the Court shall dismiss the petition with prejudice and shall order, if applicable, that the youth be released to his parents, guardian, or custodian. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.130.]

6.20.140 Predispositional report.

After a fact-finding hearing at which the Court has found the youth to be in need of care:

A. The youth caseworker shall prepare a written report describing all reasonable and appropriate alternative dispositions.

B. The report shall include:

1. A specific plan for the care of and assistance to the youth and his or her parent, guardian or custodian, calculated to resolve the problems presented in the petition for fact-finding; and

2. An explanation of the necessity for the proposed plan of disposition and the benefits to the youth and his parents, guardian, or other custodian under the proposed plan; and

3. Specific reasons showing how the proposed disposition complies with the preference placement listed in CTC 6.05.120 and 6.05.130.

C. The youth caseworker shall file the predispositional report with the Youth Court at least three days prior to the dispositional hearing.

D. The Court Clerk shall make the predispositional report available for inspection and copying by the parties to the dispositional hearing, upon request. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.140.]

6.20.150 Dispositional hearing.

A. A dispositional hearing shall, except for good cause, take place not more than 14 days after the fact-finding hearing. If the parties are prepared and it is convenient, the dispositional hearing may take place immediately following the fact-finding hearing.

B. At the dispositional hearing, the Youth Court judge shall hear evidence concerning the proper disposition of the youth.

C. Notice of the hearing shall be given at least five days prior to hearing in accordance with CTC 6.05.160, and shall include the date, time and place of the hearing and a statement that the hearing is to determine the disposition of the youth.

D. The parties to the dispositional hearing shall be afforded all rights specified in CTC 6.05.170.

E. At the dispositional hearing, the Youth Court judge shall consider the predispositional report submitted by the youth caseworker and shall afford the parties an opportunity to controvert the factual contents and conclusions of the report. The Youth Court judge shall also consider any alternative predispositional report prepared by the parties and their counsel, or guardian ad litem, if any. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.150.]

6.20.160 Dispositions.

A. If a youth has been adjudged to be in need of care, the Youth Court judge, taking into consideration the recommendations of the youth caseworker, may:

1. Place the youth in accordance with the placement preference of CTC 6.05.120 and 6.05.130; or

2. Order the parent, guardian, or custodian to comply with a treatment plan approved by the Court; or

3. Recommend that termination proceedings be started.

B. Whenever a youth is placed in a home or facility located outside the external boundaries of the Reservation, the Court shall require the party receiving custody of the youth to sign an agreement that the youth will be returned to the Court upon its request, but the lack of such an agreement does not affect the Court’s continuing jurisdiction over the youth.

C. The dispositional orders under this section are in effect for the time period set by the Court, but no such order is effective after the youth reaches the age of 18 years.

D. A dispositional order constitutes a final order for purposes of appeal. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.160.]

6.20.170 Review hearing.

A. A review hearing shall be conducted at least once every six months after the placement of a youth removed from his or her home.

B. The hearing shall provide a review of the status of the youth, including:

1. A determination of the continuing necessity for and appropriateness of the youth’s placement, including whether the youth should be returned to his parent or other family member;

2. A discussion of the extent to which all parties have complied with any treatment plan or other provisions of the dispositional order and achieved the goals described in such plan and order;

3. A summary of progress toward alleviating or mitigating the circumstances necessitating the original placement; and

4. A target date by which the youth may be returned home or placed for adoption, legal guardianship or other permanent placement;

C. The youth caseworker shall prepare a written report containing his/her recommendations concerning the matters specified in subsection B of this section. The report shall be presented to the Court Clerk at least three days before the hearing and shall be made available for copying and inspection by the parties.

D. All parties shall be given at least 14 days notice of the date, time and place of the review hearing in accordance with CTC 6.05.160. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.170.]

6.20.180 Objection to change in placement or visitation.

A. The parent, guardian, or other custodian is entitled to written notice of any proposed change in the youth’s placement or the visitation arrangements of the parent, guardian, or other custodian.

B. The notice shall be sent by the person or agency proposing the change at least 21 days prior to the proposed change, unless the youth’s health or safety would be endangered by delaying the proposed change or if prior notice were given.

C. The notice shall include a statement of the proposed change, and a statement advising the parent, guardian, or other custodian of his or her right to request a hearing to object to the proposed change by submitting a written objection to the Court Clerk within seven days of receiving the notice of proposed change.

D. Upon receipt of a written objection, the Court Clerk shall schedule a hearing which shall be held within 14 days of receipt of the written objection, and shall notify all parties of the date, time and place of the hearing, attaching a copy of the written objection to the notice.

E. At the hearing, the Youth Court shall consider the objections raised, and may approve, deny, or modify the change.

F. The parties shall be afforded all rights prescribed in CTC 6.05.170. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.180.]