Statutes | MLBSA Title 8 Chapter 13 Subchapter 3 ยง 3148 | 2018
(a) Hearing Date. An initial hearing shall be held regarding the removal of a child before the end of the second working day following the filing of the child / family protection petition.
(b) Purpose. The purpose of the initial hearing is to determine whether it is reasonable to believe that continuing absence from the home is necessary to protect the well-being of the child.
(c) Advice of Rights. During 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.
(d) Nature of Hearing. The hearing shall be informal in nature. Concerned parties may present evidence relating to the situation. Hearsay evidence will not be excluded at this hearing as long as it is otherwise admissible. The general public shall be excluded from the proceedings. Only the parties, their counsel, witnesses, Social Services, the child's extended family and any other person as determined appropriate by the court shall be admitted.
(e) Possible Outcomes of the Initial Hearing:
(1) The child / family protection petition may be dismissed and the child returned to the home.
(2) The child may be returned to the home of the parents, guardians or custodians 204 under the supervision of the court and another hearing held within thirty (30) days.
(3) The child may continue in the child's out-of-home placement and a thirty (30) day hearing will be held.
(f) Notice of Initial Hearing. The court shall make all reasonable efforts to advise the parents, guardians or custodian of the time and place of the initial hearing. The court shall request that the parent, guardian or custodian be present for the hearing. Reasonable efforts shall include personal, telephone and written contacts at their residence, place of employment or other location where the person is known to frequent with regularity. If the court is unable to contact the parent, guardian or custodian, notice shall be given to members of the extended family of the child.
(g) Unresolved Issues. If the problems are not resolved at the initial hearing or the thirty (30) day hearing, the Court will set a date for a formal hearing on the issues. Such date will be no later than ninety (90) days after the filing of the child / family protection petition.
Historical and Statutory Notes
Source: Band Ordinance 01-96, § 13.