Statutes | Makah Tribal Law and Order Code Title 6 Chapter 8 ยง 6.8.03 | 2020

At the hearing on a guardianship petition, all parties have the right to present evidence and to cross~examine witnesses. In addition, all rights afforded the parties, including the minor child, in proceedings brought under Chapter 6.7 of this Code shall be fully applicable. A guardianship may be established if the Court finds by a preponderance of the evidence that:

    1. the child has been found to be a minor-in-need-of-care pursuant to Chapter 6.7 of this Code

    2. a dispositional order has been entered pursuant to Chapter 6.7 of this Code

    3. the child has been removed or will have been, at the time of the hearing, removed from the custody of the parent(s) for a period of at least six (6) months pursuant to a finding of dependency under Chapter 6.7 of this Code

    4. any services offered by the Juvenile Court have been offered or provided and all necessary services, reasonably available and capable of correcting parental deficiencies within the foreseeable future have been offered or provided

    5. there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future and

    6. a guardianship rather than termination of the parent child relationship or continuation of the childs current minor-in-need-of-care status would be in the best interest of the family and the child.