Statutes | Kenaitze Indian Domestic Relations Code Chapter 2 ยง 12 | 2020
A. Notification and Hearing within 30 days: After the Court has taken a child into tribal custody under emergency circumstances, the Court shall hold a temporary custody hearing within 30 days. The Court shall issue a Notice to Appear in Tribal Court to the parent(s), custodian, and/or guardian of the child, within a reasonable length of time before the hearing.
B. Failure to Appear in Court: After reasonable notification has been given, the Court may proceed with the hearing even if parents, custodians, and/or guardians fail to appear in Court.
C. Witnesses: At the temporary custody hearing, the parent(s), custodian, and/or guardian shall have the right to call their own witnesses and to question witnesses called by any other party. Judges may question all witnesses.
D. Advisors/Attorneys: The parents or custodians of the child have the right to have an Elder or other traditional advisor with them at a temporary custody hearing. (See Kenaitze Tribal Court Code, Chapter 2, Section 23). The parents or custodians of the child also have the right to bring attorneys or other counsel with them to the temporary custody hearing. The hiring and payment of counsel shall be the sole responsibility of the parent. (Please refer to Kenaitze Tribal Court Code, Chapter 2, Section 24 for further laws regarding Attorneys and Other Counsel).
E. Decision of the Court: After determining jurisdiction, reviewing the Petition, and hearing the case, the Court shall issue an Order based on the childs best interest as defined in Chapter 1, Section 4 of this Code. The Courts options include, but are not limited to, the following:
1. If the Court decides that the child is not a "child in need of aid," the Court may return legal and physical custody to the parents, custodian, or guardian and dismiss the case or
2. If the Court decides that the child is a "child in need of aid," the Court may retain legal custody of the child for a period not to exceed one year. If the Court retains legal custody, it can either:
a. Place the child with the childs parents, custodian, or guardian with specific directives to participate in family-oriented services, as described in subsection 3, below or
b. Place the child in an appropriate foster care placement based on the preferences of Chapter 1, Section 5 of this Code and, in addition, direct the parents to participate in family-oriented services as described in subsection 3, below
3. Family Services. If the Court finds that a child is a "child in need of aid," it may order the child, parent(s), custodian, or guardian to participate in any of the following services:
a. Educational classes, including but not limited, to parent education
b. Alcohol and/or drug assessments and any recommended treatment
c. Psychological or psychiatric assessments and treatment
d. A Family Receiving Home as described in Chapter 1, Section 6 of this Code and/or
e. Any other treatment or programs the Court feels are appropriate, are in the childs best interest, and are likely to result in reunification of the child with the family.
4. Monitoring and Progress Reports: The Court may designate specific persons or entities to oversee the execution of the Kenaitze Tribal Court Order and monitor the familys progress and report such progress to the Court.