Statutes | Menominee Tribal Code Part II Chapter 278 Article IV ยง 278-73 | 2020
If the suspension or termination of the parent-child relationship is contested, a fact-finding hearing shall be conducted as follows:
A.
Hearings on petitions shall be conducted by the Court separate from other proceedings. The proceedings shall be recorded. The Court shall advise the parties of their basic rights pursuant to this article.
B.
All hearings shall be closed to the general public. Only the parties, their legal counsel, witnesses and other persons requested by a party and approved by the Court may be present at a closed hearing, and on the condition that they respect the confidentiality of the proceedings.
C.
Those persons or parties who intentionally divulge information in violation of Subsection B of this section shall be guilty of an offense. Persons found guilty of violating the provisions of this section shall be subject to pay a civil fine not to exceed $500.
D.
The Court, after hearing all of the evidence, shall make and record its findings on whether or not:
(1)
Grounds exist for the suspension or termination of parental rights
(2)
Whether reliable or credible information showing that continued custody of the child or Indian child by the childs parent or Indian custodian is likely to result in serious emotional or physical damage to the child and reliable and credible information showing that active efforts have been made to prevent the breakup of the childs family and that those efforts have proven unsuccessful.
E.
The Court may only decide whether any grounds for the suspension or termination of parental rights have been proved and whether the allegations have been proved in cases involving the involuntary suspension or termination of parental rights. The Court shall decide what disposition is in the best interest of the child after those findings.
F.
If grounds for the suspension or termination of parental rights are found by the Court, the Court shall find the parent unfit. A finding of unfitness shall not preclude a dismissal of a petition. The Court shall then proceed immediately to hear evidence and motions related to disposition. The Court may delay making the disposition and set a date for a dispositional hearing no later than 45 days after the fact-finding hearing if any of the following apply:
(1)
All the parties to the proceeding agree.
(2)
The Court has not yet received a report to the Court on the history of the child and the Court now orders an agency to file that report with the Court, or the Court now orders that agency or requests the tribal child welfare department of the Indian childs tribe to file such a report before the Court makes the disposition on the petition.
G.
If the Court delays making a permanent disposition, it may transfer temporary custody of the child to an agency for placement of the child until the dispositional hearing, in accordance with the order of placement preference.