Statutes | Mashantucket Pequot Tribal Law Title 5, Chapter 3 ยง 5 | 2018
The purpose of the hearing is to determine whether or not court intervention and Protective Supervision are necessary to protect the best interests of the Child.
a. The hearing proceedings shall be on the record, but shall be closed to the general public. The Mashantucket Pequot Rules of Evidence and Civil Procedure shall not apply. Specifically,
(1) Any privilege against the disclosure of communications between spouses shall not apply and either party may testify as to any relevant matter.
(2) Evidence that the Child has been neglected or abused or has sustained a non-accidental injury shall constitute prima facie evidence that shall be sufficient to support an adjudication that such Child is in need of Protective Supervision.
b. The Child shall be represented by a Guardian Ad Litem ("GAL") appointed by the family court to speak on behalf of the best interests of the Child. The GAL shall be knowledgeable about the protective, social, and medical needs of the Child and the Child's family. The GAL's fee shall be paid by the parents or guardian/custodian, or if such they are unable to pay, by the court, which may seek reimbursement according to tribal law.
c. Whenever any party intends to call the Child as a witness, it shall notify the court no later than five days before the hearing, unless good cause is shown for short notice to the court. Upon receipt of the notice, the court may direct the Child to be evaluated by an Expert Witness to determine whether testifying in person would cause trauma to the Child.
(1) The Child may be allowed to testify if such testimony will not cause serious emotional or psychological harm to the Child.
(2) If the court determines that such testimony, if given in person, may cause serious emotional or psychological harm to the Child, the Child may testify by means of a videotape deposition or other appropriate method. If the court allows these methods to be utilized, the court shall specifically set out the reasons for this determination on the record.
c. The court shall hear testimony from the parties and make specific findings as to whether or not the allegations of the petition are supported by the evidence and whether or not the best interests of the Child will be served by court intervention, Protective Supervision, or by removal from her home.
(1) Whenever removal and foster care placement of a Child is recommended, the court must be satisfied that active efforts have been made to provide remedial and rehabilitation services designed to prevent the breakup of the family and that these efforts have proved unsuccessful.
(2) Whenever it appears from the allegations of the petition, supported by a preponderance of the evidence, including the testimony of a qualified Expert Witness and, if available, the testimony of the parents or guardian/custodian, that the Child's condition or the circumstances surrounding her care require that her custody be assumed to safeguard her welfare, the court shall vest in CPS or a qualified person the Child's temporary care and custody.