Statutes | Mashantucket Pequot Tribal Law Title 5, Chapter 3 ยง 4 | 2018
a. If the investigation produces evidence that the Child has been neglected or abused and is in need of care, the tribal prosecutor shall file a protective care petition.
b. The petition shall set forth the following:
(1) the name, birth date, sex, residence and tribal affiliation of the Child
(2) the basis for the court's jurisdiction
(3) a plain and concise statement of the facts upon which the allegations of neglect or abuse are based, including the date, time and location at which the alleged neglect or abuse occurred
(4) the names, addresses, and tribal affiliation of the Child's parents or guardians/custodians, if available and,
(5) if the Child has been placed outside of the home, the facts necessitating the placement, the date and time of the placement, and where and with whom the Child was placed.
c. The court shall schedule a hearing on the petition within twenty (20)business days from the date the petition was filed, unless the Child was removed from the home pursuant to 5 M.P.T.L. ch.3 § 3, in which case the family court shall schedule the hearing on the petition within ten (10) business days of the filing of the petition. Upon petition or its own initiative, the court may order that a social study of the Child's home and family or an evaluation of matters relevant to the disposition of the case be made.
d. Upon the filing of the petition, the court shall cause a summons to be issued requiring the parents and any other persons necessary or proper to the proceedings to appear in court at the time and place named therein. The summons and petition shall be personally served upon the party at least ten (10) days before the scheduled hearing. If the party to be served is not within the Reservation boundaries or personal service cannot be effected, the summons and petition may be served by certified or registered mail, with a return receipt requested. The summons shall contain the following information:
(1) identify the parties and the nature of the proceedings
(2) state that the party served shall personally appear before the court and respond to the Petition at a specified date and time and,
(3) state that the party has the right to be represented by an attorney/advocate at her own expense in all proceedings under this Law, to introduce evidence, to be heard on her own behalf, to examine witnesses, and to be informed of possible consequences of the proceedings.