Statutes | Coquille Juveile Code Chapter 641 Part 6 ยง 641.300 | 2019
(1) Only a tribal prosecutor or Social Services may file a petition alleging a child named therein is a dependent child within the jurisdiction of the Court. Such petition may be filed based upon information and belief.
(2) The petition shall be filed prior to the shelter hearing unless good cause exists for not filing the petition. In any case, a petition shall be filed within 2 days after the emergency removal or ex parte application for a removal order.
(3) The petition shall be entitled "In the Matter of ___________, a Tribal child" and shall set forth with particularity:
(a) the name, age, sex, and residence of the child, and whom the child has resided with in the last 6 months and
(b) the tribal affiliations of the child, parent and custodian by heritage and, if known, their enrollment status and
(c) a plain and concise statement of the facts including the date, time and location of the conditions or occurrences which bring the child within the jurisdiction of the court and the specific code sections that give the court jurisdiction and
(d) the name, age and residence of the parent or custodian, and when there is no parent or custodian, the name, age and address of the nearest relative and
(e) whether there is any custody or other proceeding involving the same child or subject matter pending in any court and the nature of such a proceeding. Provided, that if one or more of the above required facts is not known, the petition shall specifically state that such fact is not known.
(4) The court, on motion of an interested party or on its own motion, may at any time prior to the adjudicatory hearing direct that the petition be amended. If the amendment substantially departs from the facts originally alleged, the court shall grant the parties such additional time to prepare for the adjudicatory hearing as may be required to ensure a full and fair hearing. A court may amend the petition at the end of an adjudicatory hearing to conform to the evidence presented if such an amendment does not prejudice the parties by substantially departing from the original allegations.