§ 3153. Default Judgement

(a) When Appropriate. If the parent, guardian or custodian fail to appear for the formal trial, the court may find the parent, guardian or custodian in default, and enter a default order of child / family protection and order necessary intervention and appropriate steps the parents, guardian or custodian must follow to correct the problem.

(b) Notice Determination. Prior to finding a parent, guardian, or custodian in default, the court must be satisfied actual notice has been given or that all reasonable steps have been taken to provide notice of the formal trial to the parent, guardian or custodian. The court must also find that the petitioner can prove the elements of the child / family protection petition.

(c) Written Order. If the parent, guardian or custodian is found in default, the court shall specify the facts, grounds, and statutory provisions upon which it relied to make the decision.

                                                                           Historical and Statutory Notes

Source: Band Ordinance 01-96, § 18.