§ 24. Proceedings.

Statutes | 4 HCC § 3 Chapter VI § 24

a. Proceedings in children&rsquos cases shall be regarded as civil proceedings.   b. A record shall be made for all proceedings. Upon a motion, an interested party may obtain a copy of the record at their own expense.   c. If necessary, the Court may designate or appoint an attorney or...

§ 72. Guardianship Duties and Powers.

Statutes | 4 HCC § 3 Chapter XIII § 72

a. Traditional Ways and Cultural Ties.  Any appointment under this Act shall encourage a child to maintain cultural ties with the Nation, to be informed of the tradition and customs of the Nation, and to have the opportunity to learn the Hocak language.   b. Guardianship Duties.  A...

§ 23. Court Reports.

Statutes | 4 HCC § 3 Chapter VI § 23

The Court shall accept the filing of the various court reports no later than three (3) days prior to a hearing. These reports shall include, but are not limited to:   a. "Home Study Report" means the report that covers the potential placement familys or guardians home environment to...

§ 73. Limitations Placed on the Guardian.

Statutes | 4 HCC § 3 Chapter XIII § 73

When a guardian(s) has been appointed by the Court for a child, the Court may grant legal custody and care of the child and management of his property until such child arrives at the age of eighteen (18), marries, is emancipated by the Court under this Act, or until the guardian is legally...

§ 74. Initiating an Action.

Statutes | 4 HCC § 3 Chapter XIII § 74

a. Petition for Guardianship.   (1) Who May File. A petition for guardianship may be filed by the proposed guardian, the child if at least sixteen (16) years of age, or CFS.   (2) Contents of Petition. The petition for guardianship shall include the following:   (a) The full...

§ 75. Additional Guardianship Procedures.

Statutes | 4 HCC § 3 Chapter XIII § 75

a. Appointment of a Guardian Ad Litem.  The Court shall appoint a Guardian Ad Litem to protect the best interests of the child.   (1) The Guardian Ad Litem, in addition to the other duties laid out in the Ho-Chunk Nation Rules for Guardian Ad Litem, shall:  (a) Interview the...

§ 79. Management of Property.

Statutes | 4 HCC § 3 Chapter XIII § 79

a. In the event that any guardian receives any property, money, or funds of any child while acting as guardian, before taking and receiving into custody such money or funds, the Court may require of such person a bond with sufficient surety to be approved by the Court and in such sum as the Court...

§ 77. Disposition of Petition.

Statutes | 4 HCC § 3 Chapter XIII § 77

a. Denial of Petition.    (1) If the Court finds that the guardianship will not be in the child&rsquos best interest, or that all of the requirements of this Act have not been met, it may deny the petition and enter any other Order it deems necessary for the care and custody of...

§ 76. Guardianship Hearing Procedures.

Statutes | 4 HCC § 3 Chapter XIII § 76

a. Time of Hearing.  A Guardianship Hearing shall be held within forty-five (45) days of filing of a Guardianship Petition.   b. Purpose of Hearing.  The Court shall conduct the hearing to determine if it is in the best interests of the child to be placed with the proposed...

§ 78. Guardianship Orders Generally.

Statutes | 4 HCC § 3 Chapter XIII § 78

a. The Court shall set forth, in the written Guardianship Order, the findings of fact that supports the decision of the Court.  b. In accordance with the best interests of the minor child, the Court shall set forth, in the written Guardianship Order, which powers from Section 72 will be granted...