Statutes | Coquille Juveile Code Chapter 641 Part 6 ยง 641.350 | 2019
(1) No adjudicatory hearing shall be held unless proper notice was provided to all necessary parties pursuant to CITC 641.310 at least 10 days prior to the hearing. An adjudicatory hearing must be held within 90 days after a petition is filed, unless the court expressly makes the finding that holding the hearing within 90 days would be contrary to the interests of justice.
(2) Any party to a proceeding shall have the right of compulsory process of any witness necessary for the hearing. Such subpoena shall be in the form prescribed by and served in compliance with the Coquille Rules of Civil Procedure.
(3) Any party has the rights of due process and shall be allowed to cross-examine any witness except as set out in subsection (5) of this section. The rules of evidence of the Coquille Evidence Code shall apply.
(4) No juvenile dependency shall be tried to a jury.
(5) The court may exclude witnesses on the motion of a party. The court, on its own motion or on motion of a party, may take testimony from a child or determine that it is not in the best interest of the child to testify due to age or mental capacity. If the court determines that a child under 13 years of age should testify, the court may take steps to ensure that the testimony is taken in a manner that protects the child&rsquos best interests including an in chamber interview with the judge that excludes the parent or custodian or video testimony. If a child&rsquos testimony is taken by a process that excludes a party, the party&rsquos representative shall be allowed to hear the testimony. A recording of the testimony shall be made available to the parties and made a part of the record.
(6) A record of the proceeding shall be made by stenographic or electronic means.
(7) In order for the court to take wardship over the child, the court must find that:
(a) the party seeking to remove the child from the custody of the parent or custodian has satisfied the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the removal of the child or to allow a return of the child from protective custody, and that these efforts have proven unsuccessful and
(b) the facts, as alleged, are proven by a preponderance of the evidence that the continued custody of the child by the parent or custodian is likely to result in physical damage or emotional harm to the child, or that the child will endanger or harm others.
In the absence of such proof, the petition must be dismissed.
(8) When a judge heard a matter in a hearing not subject to the rules of evidence, the judge should carefully consider if it is appropriate to hear the adjudicatory proceeding. When more than one judge is available to hear matters, and one judge has never heard the matter set for adjudication, that judge shall hear the adjudication.
(9) The applicable provisions of the Coquille Tribal Constitution and the Indian Civil Rights Act may not be invoked by parents or custodians in juvenile proceedings as a privilege against giving testimony against their interest regarding a juvenile proceeding, provided that parents or custodians may invoke these provisions to prevent them from testifying to facts that would or could incriminate them relevant to a criminal proceeding.