Statutes | Cherokee Code Chapter 7B Article 5 ยง 7B-506 | 2019

(a)

No child shall be held under an initial child protective custody order under this chapter for more than seven calendar days without a hearing on the merits for child protective custody. A hearing on the merits for protective custody conducted under this chapter may be continued for up to ten business days with the consent of the childs parent, guardian, custodian, or caretaker and, if appointed, the childs guardian ad litem. In addition, the Court may require the consent of additional parties or may schedule the hearing on custody despite a partys consent to a continuance.

(b)

At a hearing to determine the need for continued child protective custody, the Court shall receive testimony and shall allow the guardian ad litem, attorney advocate, or child, and the childs parent, guardian, custodian, or caretaker the right to introduce evidence, to be heard in the persons own behalf, and to examine witnesses. The petitioner shall bear the burden at every stage of the proceedings to provide clear and convincing evidence that the childs placement in custody is necessary. The Court shall not be bound by the usual rules of evidence at such hearings.

(c)

The Court shall be bound by criteria set forth in C.C. section 7B-503 in determining whether continued child protective custody is warranted. In determining whether continued child protective custody is warranted, the Court shall consider the opinion of the ICWT members assigned to the case based on initial assessments of team members conducted under C.C. section 7B-302.

(d)

If the Court determines that the child meets the criteria in C.C. section 7B-503 and should continue in custody, the Court shall issue a protective custody order to that effect. The order shall be in writing with appropriate findings of fact and shall be signed and entered within 30 days of the completion of the hearing. The findings of fact shall include the evidence relied upon in reaching the decision and purposes which continued protective custody is to achieve.

(e)

If at a hearing required under subsection (a) of this section the Court orders that the child remain in protective custody, a subsequent hearing on continued protective custody shall be held within seven business days of that hearing, excluding Saturdays, Sundays, and legal holidays when the Courthouse is closed for transactions.

(f)

Hearings conducted under subsection (e) of this section may be waived only with the consent of the childs parent, guardian, custodian, or caretaker, and, if appointed, the childs guardian ad litem attorney advocate. The Court may require the consent of additional parties or schedule a hearing despite a partys consent to waiver.

(g)

In addition to the pre-adjudication hearings required under this section, any party may schedule a hearing on the issue of placement.

(h)

At each pre-adjudication hearing to determine the need for continued child protective custody the Court shall determine the following:

(1)

Inquire as to the identity and location of any missing parent and whether paternity is at issue. The Court shall include findings as to the efforts undertaken to locate the missing parent and to serve that parent, as well as efforts undertaken to establish paternity when paternity is an issue. The order may provide for specific efforts aimed at determining the identity and location of any missing parent, as well as specific efforts aimed at establishing paternity.

(2)

Inquire about efforts made to identify and notify relatives as potential resources for placement or support and as to whether a relative of the child is willing and able to provide proper care and supervision of the child in a safe home, including provision of any specific recommended treatment services for the child recommended by the department of human services or medical and behavioral health providers. If the Court finds that the relative is willing and able to provide proper care and supervision in a safe home as described above, then the Court shall order temporary placement of the child with the relative unless the Court finds that placement with the relative would be contrary to the best interests of the child.

(3)

Inquire as to whether there are other children remaining in the home from which the child was removed and, if there are, inquire as to the specific findings of the assessment conducted under C.C. section 7B-302 and any actions taken or services provided by the director or ICWT for the protection of the other children to ensure efforts are made to provide for placement of siblings in the same home or facility.

(Ord. No. 524 , 7-17-2015)