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  • 20.1(i). COMMENCEMENT OF ACTION:

    Statutes | Indian Child Welfare Code Chapter 20 § 20.1, 20.1(i)

    (I) Petition or Emergency Petition Except as otherwise provided below, proceedings in cases under this Code are begun by Petition or by stipulation of the parties in the form of a Co-Petition and Affidavit.   (2) Exceptions to Petition In the case of violations of motor vehicle or boating laws...

  • 20.1(q). TESTIMONY BY VIDEOTAPE:

    Statutes | Welfare Code Chapter 20 § 20.1, 20.1(q)

    At the discretion ofthe Court, and where necessary to protect the best interests of the child, the Court may permit minors to testify by videotape, or take other steps necessary to protect the child in proceedings under this code.

  • 20.2(j). INVESTIGATION AND RECOMENDATIONS BY THE CASEWORKER:

    Statutes | Indian Child Welfare Code Chapter 20 § 20.2, 20.2(j)

    (1) Investigation The caseworker shall further investigate the allegations in the Petition after the preliminary inquiry or release of the minor to determine whether the interests of the minor and the Tribe require that further action be taken.   (2) Recommendation. Upon completion of the...

  • 20.2(l). ADJUDICATORY PROCESS:

    Statutes | Indian Child Welfare Code Chapter 20 § 20.2, 20.2(l)

    (1) Petition The petition can be amended pursuant to the Rules of the Court or   (2) Notice of a hearing on the petition, or on any matter related to the petition or the minor, shall be given to the parties as required by the Rules of the Court.   (3) Sununons on the petition shall be...

  • 20.2(k). INFORMAL ADJUSTMENT PROCESS:

    Statutes | Indian Child Welfare Code Chapter 20 § 20.2, 20.2(k)

    (1) Informal Conference. After the preliminary inquiry, the caseworker may hold an informal conference with the minor and the minors parent, guardian, custodian or legal representative to discuss alternatives to the Adjudicatory Hearing:         (A) The admitted facts bring...

  • 20.1(h). RESPONSIBILITIES OF ADULTS:

    Statutes | Indian Child Welfare Code Chapter 20 § 20.1, 20.1(h)

    (1) Parental Responsibility.        (A) Parent as Party. The parent of a child within the jurisdiction of the tribal court may be made a party to a petition if the child is alleged to be a youth-in-need of-care, or a juvenile offender.        (B)...

  • 20.1(g). PAYMENT OF FEES AND EXPENSES:

    Statutes | Indian Child Welfare Code Chapter 20 § 20.1, 20.1(g)

     There shall be no fee for filing a petition under this Code nor shall any fee be charged by any tribal officer for the service of process or for attendance in Court in any such proceedings. Witness fees shall be payable in accordance with the rules of this Court. Such fees and expenses, cost...

  • 20.1(f). MEDICAL EXAMINATIONS:

    Statutes | Indian Child Welfare Code Chapter 20 § 20.1, 20.1(f)

    The Court may order a medical and/or psychological examination for a minor or any other party before the Court if it is determined after a hearing that the partys medical or psychological health are relevant to the issues before the Court and such examination shall be paid for by the parents if...

  • 20.1(e). RECORDS MAINTENANCE AND PROTECTION; CONFIDENTIALITY:

    Statutes | Indian Child Welfare Code Chapter 20 § 20.1, 20.1(e)

    (I) Court Records. A record of all hearings under this code shall be made and preserved until the jurisdiction of the court has ended.   (2) Confidentiality. All court records are confidential and shall not be open to inspection other than by court personnel or by any person except for the...

  • 20.1(d). DUTY TO INVESTIGATE AND REPORT ABUSE AND NEGLECT:

    Statutes | Indian Child Welfare Code Chapter 20 § 20.1, 20.1(d)

    (1) Basis of Investigation and Report Persons who have a reasonable cause to suspect that a minor has been abused or neglected shall report the suspected abuse or neglect to a tribal agency responsible for investigating allegations of abuse or neglect. TFAP, or a tribal law enforcement agency after...