Statutes | Bay Mills Tribal Code, Chapter VII ยง 721 | 2019
A dispositional hearing is conducted to determine measures to be taken by the Court with respect to the child properly within its jurisdiction and, when applicable, against any adult, once the Court has determined following trial, plea of admission or no contest that the child comes within its jurisdiction.
A. The dispositional hearing may be held immediately after the adjudicatory hearing. The interval, if any, between the adjudicatory hearing and the dispositional hearing is within the discretion of the Court. When the child is in placement, the interval may not be more than 35 days except for good cause. If the dispositional hearing is not held immediately after the adjudication, notice of hearing my be given by scheduling it on the record in the presence of the parties or in accordance with Section 718 (Notice and Service of Summons).
B. Proposed Disposition (Case Plan). The Case Management Team shall present the case plan to the Court, the counsel of record, the CASA, and the tribal prosecutor at least three (3) days before the dispositional hearing.
1. The Case Management Team shall prepare a written report describing all reasonable and appropriate alternative dispositions, including reports of the involved child placement agency, if any, and protective services worker. The report shall contain a specific plan for the care of and assistance to, the child and/or the child&rsquos parent(s), guardian, or custodian designed to resolve the problems presented in the petition.
2. The report shall contain a detailed explanation of the necessity for the proposed disposition plan and its benefits to the child. The report shall include the effort to prevent removal, or to rectify conditions that caused removal, of the child from the home.
3. If the report recommends placement of the child somewhere other than with the child&rsquos parent, guardian, or custodian, it shall state the specific reasons underlying its placement recommendation.
1. Each case plan shall be reviewed by the Child Welfare Committee the Committee shall advise the Court in writing of the disposition which is recommended by vote of the members.
C. Evidence. All relevant and material evidence, including oral and written reports may be received and may be relied on to the extent of its probative value, even though such evidence may not be admissible at trial.
1. The parties shall be given an opportunity to examine and controvert written reports so received and may cross-examine individuals making reports when such individuals are reasonably available.
2. No assertion of an evidentiary privilege, other than the privilege between attorney and client, shall prevent the receipt and use, at the dispositional phase, of materials prepared pursuant to a court ordered examination, interview or course of treatment.
D. Disposition Orders. The Court shall enter an order of disposition after considering the case service plan and other evidence offered bearing on disposition. The Court shall approve a case service plan and may order compliance with all or part of the case service plan and may enter such orders as it considers necessary in the interest of the child. The order of disposition shall state whether reasonable efforts have been made to prevent the child&rsquos removal from his home or to rectify the conditions that caused the child&rsquos removal from his home.
E. Dispositional Alternatives. If a child has been found to be a child offender or a child in need of care, the Court may make the following dispositions which are listed by priority:
1. Permit the child to remain with his parents, guardian, or custodian, subject to such conditions as the Court may prescribe
2. Place the child with a relative within the primary service area of the tribe, subject to such conditions as the Court may prescribe
3. Place the child in a licensed foster home within the primary service area of the tribe, subject to such conditions as the Court may prescribe
4. Place the child in a foster home, or home of a relative, outside of the primary service area of the tribe, subject to such conditions as the Court may prescribe
5. Place the child in group home or residential care facility designated by the Court
6. Place the child in a juvenile offender facility designated by the Court
7. Direct the tribal prosecutor to file a petition to terminate parental rights under this Chapter or
8. Require any child offender and/or his parent, guardian or custodian to pay a fine commensurate with the fine which would be imposed on an adult convicted of the same offense. For those cases in which the child offender is found to have violated the provisions of Section 703(F)(3) &ndash(6), the Court may impose a civil remedial forfeiture of not more than $500 for each incident.
F. Restitution. The Court may require any child offender to pay restitution for any damage resulting from his action or inaction, which may be in the form of money or in community service. In addition, the Court may require the parent, guardian, or custodian of the child offender to pay restitution for damages caused by the offender.
G. Amended Orders. If a child remains under the jurisdiction of the Court, an order may be amended or supplemented within the authority granted to the Juvenile Division in this Chapter at any time as the Court considers it necessary and proper and in the best interests of the child.