Statutes | MLBSA Title 8 Chapter 13 Subchapter 3 ยง 3151 | 2018
(a) Time Limitation. The formal trial on the issues will be set for no later than ninety (90) days following the filing of the child / family protection petition.
(b) Admissibility. The records of the initial hearing and the thirty (30) day hearing shall not be admissible at the formal trial. This shall not be construed to prevent the admissibility of any evidence that was presented at these hearing(s) which would be admissible under the court's rules of evidence.
(c) Closed Hearing. The general public shall be excluded from the proceedings. Only the parties, their counsel, witnesses, the child's family, and other persons determined to be appropriate by the court shall be admitted.
(d) Advice of Rights. At the beginning of the hearing, the court shall advise the party(s) of the reason for the hearing and of their basic rights as provided for in section 3149 of this chapter.
(e) Child Witnesses. If the court determines that it is in the best interests of the child and does not violate the rights of a party, the court may allow the child to testify by means of a videotape deposition, closed circuit television or other appropriate method. If the court does allow these methods to be utilized, the court shall specifically set out the reasons for this determination on the record.
(f) Burden of Proof. The burden of proof lies with the petitioner. The petitioner must prove that the allegations raised in the child / family protection petition are more likely true than not, that is, by the preponderance of the evidence, and that the best interests of the child will be served by continued court intervention.
(g) Outcome of Hearing. The court will either find the allegations of the child / family protection petition to be true or dismiss the child / family protection petition, unless the hearing shall be continued to a date certain to allow for the presentation of further evidence.
(h) Return to Home. The court may find the allegations of the child / family protection petition to be true, but that out of home placement is not needed to protect the child. The court may, however, due to unresolved problems in the home, continue court intervention and supervision as appropriate.
(i) Grounds for Continuing Removal From the Home. The court may find the allegations of the child / family protection petition to be true and order that the child remain out of the home. The grounds for continuing removal from the home of a parent, guardian or custodian are:
(1) A child has no parent, guardian or custodian available, willing and capable to care for the child.
(2) The child has suffered, or is likely to suffer, a physical injury inflicted upon him by other than accidental means, which causes or creates a substantial risk of death, disfigurement or impairment or of bodily functions.
(3) The child has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his / her parent, guardian or custodian, which is necessary for the child's health and well being, and the parent or guardian is incapable of continuing to provide the child with adequate food and care.
(4) The child has been sexually abused or sexually exploited. (5) The child has committed juvenile offenses as a result of parental pressure, guidance or approval. (6) The child has been emotionally abused or neglected.
(7) The child has suffered, or is likely to suffer, emotional damage which causes or creates a substantial risk of impaired development.
(j) Court Order for Continuing Removal. The court shall specify in its order the necessary intervention and appropriate steps, if any, the parent, guardian or custodian must follow to correct the underlying problem. The court shall make particularized findings as to the grounds for continuing removal of the child from the home.
(k) Return of Child to Parent, Guardian or Custodian. The court may find the allegations of the child / family protection petition to be true and out-of-home placement necessary, but with the performance of specified actions by the parent, guardian or custodian, the child may be returned absent good cause to the contrary. The order of the court will specify actions, and the time frames for such actions, that parents, guardians, or custodians must accomplish before the child is returned. The order will also specify the responsibilities of any support agency or personnel to be involved.
(l) Out-Of-Home Placement. The court may find the allegations of the child / family protection petition to be true and that out-of-home placement continues to be necessary and further that the child may not be returned to the home, absent specific order of this court. The court shall specify what steps the parents shall take to demonstrate their abilities to care for their child, and specify to the parties what factors the court will consider at a subsequent hearing to determine whether or not the child should be returned. (m) Written Order. The court shall specify in writing the facts, grounds, and statutory sections upon which it relied to make its decisions.
Historical and Statutory Notes
Source: Band Ordinance 01-96, § 16.