Statutes | Menominee Tribal Code Part II Chapter 278 Article III ยง 278-60 | 2020
A.
Hearing on petitions shall be conducted by the Court separate from other proceedings. All hearings will be without a jury. In this section, "fact-find hearing" means a hearing to determine if the allegations under the petition are proved by clear and convincing evidence.
B.
The proceedings shall be recorded. The Court shall advise the parties of their basic rights pursuant to this article.
C.
Hearings shall be closed to the general public. Only parties, their legal counsel, witnesses and other persons requested by a party and approved by the Court may be present at a closed hearing.
(1)
Witnesses may be sequestered by the Court upon motion from the parties. In addition, persons the Court finds to have a proper interest in the case may be admitted by the Court to closed hearings on the condition they respect the confidentiality of the proceedings.
(2)
Those persons or parties who intentionally divulge information in violation of this section may be ordered to pay a civil fine not to exceed $500 and may be subject to other action by the Court necessary to protect the confidentiality of the proceedings and the best interest of the juvenile.
D.
The Court may use written reports if the right to have testimony presented is voluntarily, knowingly, and intelligently waived by guardian ad litem or legal counsel for the child.
E.
If the allegations as identified in the petition are denied, the Court shall proceed to hear all of the evidence and enter into the record whether or not the juvenile is in need of protection and service. The Court shall:
F.
If the Court finds that the allegations have not been proven by clear and convincing evidence, it shall dismiss the petition with prejudice and order the juvenile to be returned to the custody of the parent(s), guardian(s) or caretaker(s) if not in their custody.
G.
If the Court finds that the juvenile is not in need of protection or services, it shall dismiss the petition with prejudice and order the juvenile to be returned to the custody of the parent(s), guardian(s) or caretaker(s) if not in their custody.
H.
If the Court finds the juvenile is not within the jurisdiction of the Court, it shall dismiss the petition with prejudice and order the juvenile to be returned to the custody of the parent(s), guardian(s) or caretaker(s) if not in their custody.
I.
If the juvenile is found to be in need of protection and services pursuant to this article, the Court shall schedule a disposition hearing. The Court may immediately proceed with a disposition hearing if all parties consent and the Court report requirements are met.