Cheyenne-Arapaho Tribes of Oklahoma [Law and Order Code]

Ordinance

Resolution

JUVENILE PROCEDURE ACT OF 1988

CHAPTER ONE - GENERAL PROVISIONS

Section 101. Juvenile Court Established

There is hereby created and established within the Tribal Court, a Juvenile Division whose powers and duties are set forth in this Act. Any
Judge of the Tribal Court nay be assigned to hear cases in the Juvenile Division of the Court by the Chief Judge.

Section 102. Jurisdiction

(A) Except as otherwise provided by law, the Juvenile Court shall have exclusive jurisdiction in proceedings:

(1) Concerning any child in need of supervision.

(2) Concerning any child who is delinquent, neglected or dependent.

(3) Concerning any transfer proceeding to or from a court of another sovereign in a children's case.

(4) To determine the legal custody of any child or to appoint a guardian of the person or legal custodian of any chi Id who comes within the Juvenile Court's jurisdiction.

(5) For the issuance of orders of support of minor Children.

(6) To determine the parentage of a child and to make an order of support in connection therewith.

(7) For the adoption of a person of any age.

(8) For judicial consent to the marriage, employment or enlistment of a child, when such consent is required by law.

(9) For the treatment of commitment of a mentally ill or developmentally disabled child who comes within the Court's jurisdiction.

(B) The Court may issue temporary orders providing for protection, support, or medical or surgical treatment as it deems in the best interest of any child concerning whom a petition has been filed prior to adjudication or disposition of his case.

(C) Nothing in this section shall deprive the Tribal District Court of jurisdiction to appoint a guardian for a child nor of jurisdiction to determine the legal custody of a child upon writ of habeas corpus or when the question of legal custody is incidental to the determination of a cause in the Tribal Court except that:

(1) If a petition involving the same child is pending in Juvenile Court or if continuous jurisdiction has been previously acquired by the Juvenile Court, the Tribal Court shall certify the question of legal custody to the Juvenile Court; and

(2) The Tribal Court at any time may request the Juvenile Court to make recommendations pertaining to guardianship or legal custody.

(D) Where a custody award has been made in the Tribal District Court in a dissolution of marriage action or another proceeding and the jurisdiction of the Tribal District Court may take jurisdiction in a case involving the same child if he is dependent or neglected or otherwise comes within the jurisdiction set forth herein.

Section 103. Indian Child Welfare Act Transfers from State Courts

(A) Pursuant to the Indian Child Welfare Act, 25 U.S.C. 1911 (b) any state court may transfer to the Juvenile Court herein any proceeding for the foster care placement of, or termination of parental rights to, any Indian child who is a member of, or eligible for membership in the Tribe, if the Juvenile Court finds that the transfer would not be detrimental to the best interests of the child.

(B) The Juvenile Court shall determine whether the transfer to the Tribe's jurisdiction would be detrimental to the best interest of the child in a transfer hearing initiated by the Tribe after the order of transfer is received by the Court Clerk. In making such determination, the Court may consider:

(1) Whether the child or its family will be in need of special services for physical or mental disease or defect which the Tribe and its resources are unable to adequately provide, and

(2) If transfer is tendered prior to adjudication, whether the witnesses necessary to adjudicate the case will be available. If the witnesses will probably not appear the Court should decline to accept the transfer until after the adjudication is completed, and

(3) Any other matters which may adversely affect the Tribe's ability to provide treatment or necessary services to the family.

(C) A Court transferring a case to the Tribe's jurisdiction under Subsection (A) of this Section shall transmit all documents and legal and social records, or certified copies thereof, to the Tribal Juvenile Court, which court shall proceed with the case as if the petition has been originally filed or the adjudication had been originally made in this Court. Transfer cases shall be assigned a Tribal Court juvenile division case number as in other cases.

Section 104. Indian Child Welfare Transfers From Tribal Courts

(A) Any Tribal Court may transfer to the Juvenile Court herein any children's case concerning any child who is a member or eligible for membership in the Tribe, or, whose parents or guardian reside within the jurisdiction of the Tribe if the Juvenile Court finds that the transfer would not be detrimental to the best interest of the child.

(B) The Juvenile Court shall determine whether the transfer to the Tribe's jurisdiction would be detrimental to the best interest of the child in a transfer hearing initiated by the Tribe after an order of transfer is received by the Court Clerk. In making such determination, the Court may consider:

(1) Whether the child or its family will be in need of special services for physically or mental disease or defect which the Tribe and its resources are unable to adequately provide, and

(2) If transfer is tendered prior to adjudication whether the witnesses necessary to adjudicate the case will be available. If the witnesses will probably not appear, the Court should decline to accept the transfer until after the adjudication is completed.

(3) Any other matters which may adversely affect the Tribe's ability to provide treatment or necessary services to the family.

(C) A Tribal Court transferring a case to the Tribe's jurisdiction under Subsection (A) of this Section shall transmit all documents and legal and social records, or certified copies thereof, pertaining to the case to the Tribal Juvenile Court, which shall proceed with the case as if a petition had been originally filed or the adjudication originally made in the Tribal Court.

Section 105. Child Welfare Transfers to Tribal or State Courts

(A) The Tribal Juvenile Court, in its discretion, is authorized to transfer any children's case arising within the Tribal jurisdiction, said child not being a member or eligible for membership in the Tribe, to the Court of the Child's Indian Tribe, or if the child is a non-Indian, to the Courts of the State where the child is a resident or domiciled, upon the petition of the Tribal Attorney General, either parent, a custodian or guardian, the Child's Tribe, or an appropriate official of the Child's state.

(B) In making such transfers the Tribal Court may consider:

(1) The best interests of the child, and

(2) Any special needs or mental or physical disease or defects of the child and family and the ability of the Tribe and the receiving jurisdiction to meet those needs, and

(3) If transfer is requested prior to adjudication, whether witnesses necessary to the adjudication can attend in the receiving jurisdiction, and

(4) Emotional, cultural, and social ties of the child and its family, and

(5) The likelihood that the same child and family would return to the Tribal jurisdiction within a reasonable time and come before the Juvenile Court again.

(C) Upon entering an order transferring a case as provided in this Section, the Court shall serve a certified copy of the Order of Transfer, the legal case file, and any social or police reports concerning the child's case to the Court clerk of the receiving jurisdiction by certified mail, return receipt requested. The Juvenile Court may retain physical custody of the child pending an order or notice of acceptance from the receiving jurisdiction, and upon receiving such order on notice, may close the case file and dismiss the case subject to any necessary order for the protection of the child until completion of physical transfer to the receiving jurisdiction.

Sections 106-109. Reserved

Section 110. Notice of Legal Rights

(A) At his first appearance before the Court, the child and his parents, guardian or other legal custodian shall be fully advised by the Court of their legal rights, including:

(1) Their right to a jury trial upon demand where available.

(2) Their right to be represented by an attorney, at their own expense, at every state of the proceeding.

(3) Their right to see, hear, and cross-examine all witnesses against them.

(4) Their right to call witnesses on their own behalf and to have court process compel the attendance of witnesses for them.

(5) In juvenile delinquency proceedings, the right of the child not to be compelled to testify against himself.

(B) If the child or his parents, guardian, or other legal custodian requests an attorney and is found to be without sufficient financial means, counsel , to the extent such are available at no fee, shall be appointed by the Court in proceedings wherein the Tribe is a party, and termination of the parent-child legal relationship is stated as a possible remedy in the summons.

(C) The Court may appoint counsel without such request if it deems representation by counsel necessary to protect the interest of the child or other parties.

(D) If the child and his parents, guardian, or other legal custodian were not represented by counsel, the Court shall inform them at the conclusion of the proceedings that they have the right to file a notion for a new trial and that if such motion is denied, they have the right to appeal.

Section 111. Tribal Attorney General Duties

The Tribal Attorney General shall represent the Tribe in the interest of the child in all proceedings subject to this Act in which the Tribe is a party. In proceedings subject to this Act in which the Tribe is not a party, the Tribal Attorney General, upon request of the Court, shall intervene on behalf of the Tribe in the interest of the child and, thereafter, shall act as the guardian ad litem of the child.

Section 112. Jury Trials

(A) A child, his parent or guardian, or any interested party may demand a trial by a jury of not more than six or the Court on its own motion may order such a jury to try and case:

(1) In adjudicatory hearings concerning an alleged delinquent, neglected, or deprived child, or child in need of supervision, where termination is stated as a possible disposition in the petition.

(2) In determining the parentage of a child under this Act.

(B) Unless a jury is demanded, it shall be deemed to be waived.

Sections 113-119. Reserved

Section 120. Procedure

(A) The rules of juvenile procedure herein set forth shall apply in all proceedings under this Act. To the extent that any procedure is not specifically set forth herein, the general rules of civil procedure shall apply.

(B) In cases involving an allegation of delinquency by means of commission of an offense, the adjudicatory hearing shall be held in conformity with the rules of criminal procedure, and the child shall be entitled to all the rights, privileges, and immunities of an accused in a criminal case.

(C) The Tribal Court shall have the authority by written Court rule not inconsistent with this Act or the Rules of Civil Procedure and filed of record in the Court Clerk's office and Tribal Secretary's office to provide for any procedure or form necessary for the efficient, orderly, and just resolution of cases under this Act.

Section 121. Hearings

(A) Hearings shall be held before the Court without a jury, except as provided in Section 112, and may be conducted in an informal manner, except in proceedings brought concerning an alleged delinquent. The general public shall be excluded unless the Court determines that it is in the best interest of the child to allow the general public, to attend. The Court shall admit only such persons as have an interest in the case or the work of the Court, including persons whom the parents or guardian wish to be present unless an order has been entered authorizing the general public to attend. Hearings may be continued from time to time as ordered by Court.

(B) A verbatim record shall be taken of all proceedings which might result in the deprivation of custody. A verbatim record shall be made in all other hearings, including any hearing conducted by a referee, unless waived by the parties in the proceeding and so ordered by the Judge or referee.

(C) When more than one child is named in a petition alleging delinquency, need of supervision, or neglect or dependency, the hearings may be consolidated; or heard separately at any stage of the proceeding in the Court's discretion.

(D) Children's cases shall be heard separately from adult's cases, and the child or his parents, guardian, or other custodian may be heard separately when deemed necessary by the Court.

(E) The name, picture, place of residence, or identity of any child, parent, guardian, other custodian, or person appearing as a witness in children's proceedings under this Act shall not be published in any newspaper or in any other publication nor given any other publicity unless for good cause it is specifically permitted by order of the Court. Any person who violates the provisions of this Subsection (6) is guilty of a misdemeanor and, upon conviction, thereof, shall be punished by a fine or not more than Five Hundred Dollars ($500.00), or by imprisonment in the Tribal jail for not more than thirty days, or by both such fine and imprisonment.

Section 122. Social Study and Other Reports

(A) Unless waived by the Court, the Tribal Social Services Department or other agency designated by the Court shall make a social study and report in writing in all children's cases, except:

(1) If the allegations of a petition filed under Section 102 are denied, the study shall not be made until the Court has entered an order of adjudication; and

(2) The study and investigation in all adoptions shall be made as provided in the provisions relating to adoptions.

(B) For the purpose of determining proper disposition of a child the general rules of evidence shall not apply, and written reports and other material relating to the child's mental , physical , and social history may be received and considered by the Court along with other evidence. However, the Court, if so requested by the child, his parent or guardian, or other interested party, shall require that the person who wrote the report or prepared the material, if available, appear as a witness and be subject to both direct and cross examination. In the absence of such request, the Court may order the person who prepared the report or other material to appear if it finds that the interest of the child, his parent or guardian, or other party to the proceedings so requires.

(C) The Court shall inform the child, his parent or legal guardian, or other interested party of the right of cross examination concerning any written report or other material as specified in Subsection (B) of this Section.

Section 123. Effect of Proceedings

(A) No adjudication or disposition in proceedings under Section 102 shall impose any civil disability upon a child or disqualify him from any Tribal personnel system or military service application or appointment or from holding Tribal office.

(B) No adjudication, disposition, or evidence given in proceedings brought under this Act shall be admissible against a child in any criminal or other action or proceedings, except in subsequent proceedings under this Act concerning the same child.

Sections 123-129. Reserved

Section 130. Referees - Qualifications - Duties

(A) The Juvenile Court may appoint one or more referees to hear any case or matter under the Court's jurisdiction, except where a jury trial has been requested and in transfer hearings. Referees shall serve at the pleasure of the Court, unless otherwise provided by law.

(B) Referees shall conduct hearings in the manner provided for the hearing of cases by the Court. Prior to any hearing, except those at which the child is advised of his rights and either admits or denies the allegations of the petition, the referee shall inform the parties that they have the right to a hearing before the juvenile Judge in the first instance and that they may waive that right, but, that by waiving that right, they are bound by the findings and recommendations of the referee, except as provided in Subsection (D) of this Section. If a request is made for a hearing before a juvenile Judge in the first instance, the referee shall terminate the hearing and transmit the case to the appointing Judge.

(C) At the conclusion of a hearing, the referee shall:

(1) Transmit promptly to the juvenile Judge all papers relating to the case together with his findings and recommendations in writing;

(2) Advise the parties before him of his findings and recommendations ; and

(3) Advise the parties of their right to review of the findings and recommendations by the juvenile Judge.

(D) A request for review shall be filed within five days after the conclusion of the hearing and shall clearly set forth the grounds relied upon. Such review shall be solely upon the record of the hearing before the referee. If review is not requested, the findings and recommendations of the referee shall become the decree of the Court when confirmed by order of the juvenile Judge. The Judge may, on his motion, order a hearing of any case before a referee.

Sections 131-139. Reserved

Section 140. Inspection of Court Records

(A) Records of court proceedings shall be open to inspection by the parents or guardian, attorneys and other parties in proceedings before the Court, and to any agency to which legal custody of the child has been transferred, except records of court proceedings in formal adoption and formal relinquishment shall be confidential and open to inspection only by Court order.

(B) With consent of the Court, records of court proceedings may be inspected by the child, by persons having a legitimate interest in the proceedings, and by persons conducting pertinent research studies, except in formal relinquishment and formal adoption proceedings.

(C) Probation counselors' records and all other reports of social and clinical studies shall not be open to inspection, except by consent of Court.

Section 141. Expungement of Records

(A) Any person who has been adjudicated delinquent or in need of supervision, who was taken into custody on an allegation of delinquency or need of supervision, or who was the subject of a petition for delinquency or need of supervision later may petition the Court for the expungement of his record and shall be so informed at the time of adjudication, or the Court, on its own motion may initiate expungement proceedings concerning the record of any child who has been under the jurisdiction of the Court. Such petition shall be filed or such court order entered no sooner than two years after the date of termination of the Court's jurisdiction over the person. Only by stipulation of all parties involved may expungement be applied for prior to the expiration of two years from the date of termination of the Court's jurisdiction or termination of the Court's supervision under an informal adjustment

(B) Upon the filing of a petition for expungement or entering of a court order, the Court shall set a date for a hearing and shall notify the Tribal Attorney General and anyone else whom the Court has reason to believe may have relevant information related to the expungement of the record, including all agencies or officials known to have relevant files relating to the individual.

(C) The Court shall order sealed all records in the petitioner's case in the custody of the Court and any records in the custody of any other agency or official , if at the hearing the Court finds that:

(1) The subject of the hearing has not been convicted of a felony, an offense, punishable by banishment or of a misdemeanor involving moral turpitude and has not been adjudicated under this Act since the termination of the Court's jurisdiction;

(2) No proceeding concerning a felony, an offense punishable by banishment, a misdemeanor involving moral turpitude, or a petition under this Act is pending or being instituted against him; and

(3) The rehabilitation of the person has been attained to the satisfaction of the Court.

(D) Upon the entry of an order to seal the records, the proceedings in the case shall be deemed never to have occurred, and all index references shall be deleted, and the person, every agency, and the Court may properly reply that no record exists with respect to such person upon any inquiry in the matter.

(E) Copies of the order shall be sent to each agency or official named therein.

(F) Inspection of the records included in the order may thereafter be permitted by the Court only upon petition by the person who is the subject of such records and only to those persons named in such Petition.

(G) In any proceeding alleging delinquency or need-of-supervision in which the Court orders the petition dismissed on the merits at adjudication, the Court may order the records expunged. Such order of expungement may be entered without delay upon petition of the child or any party or upon the Court's own motion.

Section 142. Law Enforcement Records

(A) The records of law enforcement officers concerning all children's cases or children taken into temporary custody or issued a summons under the provisions of this Act shall be maintained separately from the records of arrest and may not be inspected by or disclosed to the public, including the names of children taken into temporary custody or issued a summons, except:

(1) To the victim in each case when the child is found guilty of a delinquent act;

(2) When the child has escaped from an institution to which he has been committed;

(3) By order of the Court;

(4) When the Court orders the child to be held for criminal proceedings; or

(5) When there has been a criminal conviction and a presentence investigation is being made on an application for probation.

(6) When the disclosure is to a Tribal, federal, or state officer, employee, or agency in their official capacity who show a bonafide need for the information requested to assist in apprehension, to conduct a current investigation, or as otherwise provided by Tribal law.

Section 143. Social Service Department Records

The records of the Social Service Department concerning all children's cases under the provisions of this Act may not be inspected or disclosed to the public, including the names of children taken into temporary custody or issued a summons, except:

(A) To the victim in each case when the child is found guilty of a delinquent act;

(B) When the child has escaped from an institution to which he has been committed;

(C) By order of the Court

(D) When the Court orders the child to be held for criminal proceedings; or

(E) When there has been a criminal conviction and a presentence investigation is being made on an application for probation;

(F) When the disclosure is to a Tribal, federal, or state officer, employee, or agency in their official capacity who show a bonafide need for the information requested to assist in apprehension, to conduct a current investigation, or as otherwise provided by Tribal law.

Section 144. Identify Confidential

No fingerprint, photograph, name, address, or other information concerning identity of a child taken into temporary custody or issued a summons under the provisions of this article may be transmitted to the Federal Bureau of Investigation or any other person or agency except a local law enforcement agency when necessary to assist in apprehension or to conduct a current investigation, or when the Court orders the child to be held for criminal proceedings.

Sections 145-149. Reserved

Section 150. Search Warrants for the Protection of Children

(A) A search warrant may be issued by the Juvenile Court to search any place for the recovery of any child within the territorial jurisdiction of the Court believed to be a delinquent child, a child in need of supervision, or a neglected or dependent child.

(B) Such warrant shall be issued only on the conditions that the application for the warrant shall:

(1) Be in writing and supported by affidavit sworn to or affirmed before the Court;

(2) Name or describe with particularity the child sought;

(3) State that the child is believed to be a delinquent child, a child in need of supervision, or a neglected or dependent child and the reasons upon which such belief is based;

(4) State the address or legal description of the place to be searched;

(5) State the reasons why it is necessary to proceed pursuant to this Section instead of proceeding by issuance of a summons.

Section 151. Issuance and Return of Search Warrant

(A) If the Court is satisfied that grounds for the application exist or that there is probably cause to believe that they exist, it shall issue a search warrant identifying by name or describing with particularity the child sought and the place to be searched for the child.

(B) The search warrant shall be directed to any law enforcement officer authorized by law to execute it wherein the place to be searched is located.

(C) The warrant shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. And shall be issued in form substantially similar to other search warrants.

(D) The warrant shall be served in the daytime unless the application for the warrant alleges that is necessary to conduct the search at some other time, in which case the Court may so direct.

(E) A copy of the warrant, the application therefore, and the supporting affidavit shall be served upon the person in possession of the place to be searched and where the child is to be sought, or if no one be home, a copy shall be left in plain sight within the place searched.

(F) If the child is found, the child shall be taken into custody, transported to and placed in the detention or shelter facility subject to the conditions of Section 210 (C)(D).

(G) The warrant shall be returned to the issuing court, immediately upon service, and the officer shall subscribe on the warrant his name, the date and time of service, the place where the child was delivered by him and his fees. A copy shall be delivered to the Tribal Attorney General. If the child was not found, such information should be subscribed on the warrant.

Section 152. Expiration of Search Warrant

A search warrant for the protection of a child shall be null and void if not served within ten days of the date of issuance and a void warrant should be returned with the reason for non-service subscribed thereon.

Sections 153-159. Reserved

Section 160. Exclusion of Certain Statements by Alleged Delinquent

(A) No statements or admissions of a child made as a result of interrogation of the child by a law enforcement official concerning acts alleged to have been committed by the child which would constitute a crime if committed by an adult shall be admissible in evidence against that child unless a parent, guardian, or legal custodian of the child was present at such interrogation and the child and his parent, guardian, or legal custodian of the child was present at such interrogation and the child and his parent, guardian, or legal custodian were advised of the child's right to remain silent, that any statements made may be used against him in a court of law, the right of the presence of an attorney during such interrogation, and the right to have counsel appointed if so requested at the time of the interrogation if available at no fee except that, if, to the extent such counsel is available for appointment at no fee, legal counsel representing the child is present at such interrogation, such statements or admissions may be admissible in evidence even though the child's parent, guardian, or legal custodian was not present.

(B) Notwithstanding the provisions of Subsection (A) of this Section, statements or admissions of a child shall not be inadmissible in evidence by reason of the absence of a parent, guardian, or legal custodian if the child is emancipated from the parent, guardian, or legal custodian or if the child is a runaway from outside the Court's jurisdiction and is of sufficient age and understanding.

Sections 161-189. Reserved

Section 190. Appeals

(A) An appeal may be taken from any order, decree, or judgment of the Court in the same manner as other civil appeals are taken. Initials shall appear on the record on appeal in place of the name of the child and respondents. Appeals shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time.

(B) The Tribe shall have the same right to appeal questions of law in delinquency cases as exists in criminal cases.

Section 191. Voluntary Foster Care Authorized

In order to provide better treatment for a family problem and to better protect children, the Department is authorized to accept a child for foster care when:

(A) The parent, guardian, or other physical or legal custodian has consented to such foster care in writing before a Judge of a court of competent jurisdiction by the Judge's certificate that the terms and conditions, and consequences of such consent were fully explained in detail and fully understood in English, or that it was interpreted into a language which was understood.

(B) A consent to foster care placement may be withdrawn by the person giving same, the parent or other legal guardian having legal custody, or a traditional custodian at any time and the child shall be returned to the authorized person requesting the child's release within forty-eight (48) hours.

CHAPTER TWO - EMERGENCY CUSTODY

Section 201. Taking Children Into Custody

(A) A child may be taken into temporary custody by a law enforcement officer without order of the Court when there are reasonable grounds to believe that:

(1) He has committed an act which would be a major crime, misdemeanor, or Tribal ordinance violation if committed by an adult; except that wildlife, parks, outdoor recreation, and traffic violations shall be handled as otherwise provided by law;

(2) He is abandoned, lost, or seriously endangered in his surroundings or seriously endanger others and immediate removal appears to be necessary for his protection or the protection of others; or

(3) He has run away or escaped from his parents, guardian, or legal custodian.

(4) He has violated the conditions of probation and he is under the continuing jurisdiction of the Juvenile Court.

(B) A child may be detained temporarily without an order of the Court by an adult other than a law enforcement officer if the child has committed or is committing an act in the presence of such adult which would be a violation of any federal or Tribal law, other than a violation of traffic and game and fish laws or regulations, if committed by an adult. Any person detaining a child shall notify, without unnecessary delay, a law enforcement officer, who shall assume custody of said child.

(C) A medical doctor, physician, or similar licensed practitioner of medicine may temporarily detain without an order of the Court a child brought before him for treatment whom he reasonably suspects to be the victim of child abuse. Any person detaining a child due to possible child abuse shall notify, without unnecessary delay, a law enforcement officer who shall assume custody of the child. The law enforcement officer assuming custody shall have the authority to consent to the admission of the child to a medical facility and to consent to emergency medical treatment necessary to protect the life or health of the child from danger of imminent harm. The opinion of two or more licensed medical doctors that treatment for a condition could not reasonably be delayed for a period long enough to contact a Judge for an emergency medical treatment order shall create a presumption that the law enforcement officer properly gave his consent to treatment of the child.

(D) In all other cases, a child may be taken into custody only upon an order of the Court.

(E) The taking of a child into temporary custody under this Section is not an arrest nor does it constitute a police record.

Section 202. Notification of Parents

When a child is taken into temporary custody, the officer shall notify a parent, guardian, or legal custodian without unnecessary delay and inform him that, if the child is placed in detention, all parties have a right to a prompt hearing to determine whether the child is to be detained further. Such notification may be made to a person with whom the child is residing if a parent, guardian, or legal custodian cannot be located. If the officer taking the child into custody is unable to make such notification, it may be made by any other law enforcement officer, probation counselor, detention center counselor, or jailor in whose physical custody the child is placed.

Section 203. Notification of Court Officers

Whenever an officer or other person takes a child to a detention or shelter facility, or admits a child to a medical facility pursuant to Section 201(C), and determines not to release said child pursuant to Section 210(B), the officer or other person who took the child to a detention or shelter facility shall notify the Tribal district attorney, the Tribal Social Services Department, and any agency or persons so designated by the Court at the earliest opportunity that the child has been taken into custody and where he has been taken. He shall also promptly file a brief written report with the Tribal district attorney, the Tribal Social Services Department, and any agency or person so designated by the Court stating the facts which led to the child being taken into custody and the reason why the child was not released. This report shall be filed within twenty-four hours excluding Saturdays, Sundays, and legal holidays.

Sections 204-209. Reserved

Section 210. Release of Detained Child

(A) Except as provided in paragraph (B) of this section, a child shall not be detained by law enforcement officials any longer than is reasonably necessary to obtain his name, age, residence and other necessary information and to contact his parents, guardian, or legal custodian.

(B) The child shall be released to the care of his parents or other responsible adult, unless his immediate welfare or the protection of the community requires that he be detained. The parent or other person to whom the child is released may be required to sign a written promise, on forms supplied by the Court, to bring the child to the court at a time set or to be set by the Court.

(C) If he is not released as provided in Subsection (B) of this Section, he shall be taken directly to the Court or to the place of detention or shelter approved by the department and designated by the Court without unnecessary delay unless admitted to a facility for medical treatment pursuant to Section 201(C) of this Act.

(D) No child shall be detained pursuant to Subsection (B) for a period exceeding seventy-two hours exclusive of Saturdays, Sundays, and legal holidays without an order of the Court. If no Court order is issued within such time, the child must be released.

(E) Notwithstanding the provisions of Subsection (D) of this Section, a child who is alleged to be a runaway from another Tribal jurisdiction or a state may be held in a detention facility or jail up to seven days, during which time arrangements shall be made for returning the child to his parent, or legal custodian.

Section 211. Special Release Rule for Major Offenses

(A) No child taken to a detention or shelter facility without a court order as the result of an allegedly delinquent act which would constitute a major crime or offense punishable by banishment if committed by an adult shall be released from such facility if in writing a law enforcement agency has requested that a detention hearing be held to determine whether the child's immediate welfare or the protection of the community requires that he be detained. No such child shall thereafter be released from detention except after a hearing, reasonable advanced notice of which has been given to the Tribal district attorney, alleging new circumstances concerning the further detention of the child.

(B) When, following a detention hearing as provided for by Subsection (A) of this Section, the Court orders further detention of a child, a petition alleging the child to be delinquent shall be filed with the Court without unnecessary delay if one has not been previously filed, and the child shall be held in detention pending a hearing on the petition.

(C) Nothing herein shall be construed as depriving a child of the right to bail under the same circumstances as an adult.

Section 212. Court Ordered Release

At any time prior to the filing of a petition and entry of an emergency custody order on that petition, the Court may order the release of any child, except children being held pursuant to Section 205 of this Act from detention or shelter care without holding a hearing, either without restriction or upon written promise of the parent, guardian, or legal custodian to bring the child to the Court at a time set or to be set by the Court.

Section 213. Extension of Detention Period

For good cause shown the Court may extend the time period during which a child may be detained without a petition and court order for a period not exceeding five working days. Such extension shall be in writing or may be made verbally and reduced to writing within twenty-four hours.

Sections 214-219. Reserved

Section 220. Detention and Shelter

(A) A child who must be taken from his home but who does not require physical restriction shall be given temporary care in a shelter facility approved by the Department and designated by the Court or the Tribal or Bureau of Indian Affairs Department of Social Services and shall not be placed in detention.

(B) No child under the age of fourteen and, except upon the order of the Court, no child fourteen years of age or older and under sixteen years of age shall be detained in a jail, lockup, or other place used for confinement of adult offenders or persons charged with crime. The exception shall be used by the Court only if no other suitable place of confinement is available.

(C) A child fourteen years of age or older shall be detained separately from adult offenders or persons charged with crime, including any child ordered by the Court to be held for criminal proceedings.

(D) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the Court and Tribal district attorney immediately when a child who is or appears to be under the age eighteen is received at the facility, except for a child ordered by the Court to be held for criminal proceedings.

Section 221. Emergency Shelter in Child's Home

(A) Upon application of a Tribal or Bureau of Social Services Department, the Court may find that it is not necessary to remove a child from his home to a temporary shelter facility and may provide temporary shelter in the child's home by authorizing a representative of the Tribal or Bureau of Indian Affairs Vs Department of Social Services, which has emergency caretaker services available, to remain in the child's home with the child until a parent, or legal guardian, or relative of the child enters the home and expresses willingness and has the apparent ability, as determined by the Tribal or Bureau of Indian Affairs Department of Social Services, to resume charge of the child, but in no event shall such period of time exceed seventy-two hours. In the case of a relative, the relative is to assume charge of the child until a parent or legal guardian enters the home and expresses willingness and has the apparent ability, as determined by the Tribal or Bureau of Indian Affairs Department of Social Services, to resume charge of the child.

(B) The director of the Tribal or Bureau of Indian Affairs Department of Social Services shall designate in writing the representatives of these departments authorized to perform such duties.

(C) The court order allowing emergency shelter in the child's home may be written or oral, provided, that if consent is given verbally, the Judge shall reduce the consent given to writing within twenty-four hours.

Sections 222-229. Reserved

Section 230. Court Ordered Medical Treatment

(A) At any time after a child is taken into custody with or without a court order and prior to adjudication on the merits:

(1) When the Court finds that emergency medical, surgical, or dental treatment is required for a child in Tribal custody it may authorize such treatment or care if the parents, guardian, or legal custodian are not immediately available to give their consent or to show cause why such treatment should not be ordered. The power to consent to emergency medical care may be delegated by the Court to the agency or person having physical custody of the child pursuant to this Act or pursuant to court order.

(2) After making a reasonable effort to obtain the consent of the parent, guardian, or other legal custodian, and after a hearing on notice the Court may authorize or consent to non- emergency medical, surgical, or dental treatment or care for a child in Tribal custody.

CHAPTER THREE - ADJUDICATION

Section 301. Court Intake

(A) Whenever it appears to a law enforcement officer or any other person that. a child is or appears to be within the Court's jurisdiction, by reason of delinquency, need of supervision, neglect, or deprivation, the law enforcement officer or other person in may refer the matter conferring or appearing to confer jurisdiction to the Tribal Department, Child Welfare Officer, who shall determine whether the interests of the child or of the community requires that further action be taken.

(B) If the Child Welfare Officer determines that the interests of the child or of the community require that court action be taken, he shall request in writing the Tribal Attorney General to file a petition and deliver a copy of the entire case file to the Attorney General.

(C) If the Child Welfare Officer is unable to determine whether the interests of the child or of the Tribe require that court action be taken from information available to him, he may refer the matter to the Tribal or Bureau of Indian Affairs Department of Social Services, a Tribal or Bureau of Indian Affairs law enforcement agency or other agency designated by the Court for a preliminary investigation and recommendations as to filing a petition or as to initiating an informal adjustment pursuant to this Act.

(D) If the Child Welfare Officer determines that the interests of the child or of the Tribe do not require court action, the Department may offer such social services and make such referrals to other agencies as may be feasible to help the family with any problems they may have.

Section 302. Attorney General Intake

(A) Upon receiving a request to file a petition and the accompanying reports and files from the Child Welfare Officer, the Attorney General shall review the case file, reports, and any witness statements to determine if there is sufficient evidence which will be admissible under the Tribal Rules of Evidence to establish the jurisdiction of the Tribal Juvenile Court over the child.

(B) If the Attorney General determines that there is not sufficient evidence available to establish the jurisdiction of the Tribal Juvenile Court over the child, he shall, in writing, refuse to file the requested petition, or, in his discretion, may request the Tribal or Bureau of Indian Affairs Social Services Department or law enforcement agency to conduct a further investigation into the matter.

(C) If the Attorney General determines that sufficient evidence is available to establish the jurisdiction of the Tribal Juvenile Court over the child, he shall file a petition concerning the child.

Section 303. Diversion by Contract

(A) Prior to the filing of a Petition, either the Child Welfare Officer, or the Attorney General with the consent of the Child Welfare Officer may divert any children's case, except a case subject to Section 211 or Section 306 of this Act from the court process.

(B) Diversion shall be made by entering into a contract with the child's parents, guardian, or other custodian whereby the parent, guardian or other custodian agrees to undergo specified treatment for the condition noticed, including an agreement to do or refrain from doing certain acts and the Child Welfare Officer or Attorney General on behalf of the Tribe agrees not to file a petition in the case so long as the parent, guardian, or other custodian comply with the contract.

(C) Each such contract shall contain the following:

(1) The specific facts or allegations, including dates, which gave rise to the condition addressed by the contract.

(2) The specific treatment programs the parents, guardian, or custodian agree to successfully complete and their duration.

(3) The specific facts which the parents, guardian, or custodian agree to do or to refrain from doing.

(4) The specific treatment or other social services to be offered by the Tribe or the Bureau of Indian Affairs and accepted by the family.

(5) A fixed, limited time for the contract to run not exceeding one year.

(6) That the Tribe will not file a petition on the subject of the contract for the facts or allegations stated if the parents, guardian, or custodian comply with the contract terms for the full term of the contract.

(7) That each party has received a copy of the contract.

(D) No diversion contract may place physical custody in any person or agency other than the parents, guardian, or other legal custodian unless it bears the approval in writing of a Judge or the Juvenile Court.

Section 304. Diversion Contract Inadmissible

The diversion contract and any statements or admissions of the parties made in negotiating or fulfilling the terms of the contract are inadmissible as evidence, except, that the parents, guardian, or custodian may prove the contract and show their compliance with the terms thereof as a defense to a petition filed concerning the matter of the contract. Upon a showing of compliance with the terms of the contract the Court shall dismiss the petition unless it determines by evidence beyond a reasonable doubt that the child is in imminent danger of severe physical or mental harm. Proof of the contract shall not be an admission of the parents, guardian, or custodian of any of the facts alleged therein.

Section 305. Diversion by Consent Decree

(A) After filing of a petition, the Attorney General with the consent of the Child Welfare Officer, may divert any children's case, except a case subject to Section 211 or Section 306 of this Act from the adjudicatory process with the consent of the respondents and the Court by obtaining Consent Decree if:

(1) The Court has informed the child and his parents, guardian, or legal custodian of their rights to:

(a) deny the allegations of the petition and require the Tribe to prove each allegation by admissible evidence.

(b) confront and cross-examine the witnesses against them and to call witnesses on their own behalf.

(c) refuse to testify against themselves or each other in delinquency cases.

(d) a trial by a jury of six persons at the adjudicatory state, where a jury trial is available.

(e) be represented by counsel at their own expense at each stage of the proceedings, and, to the extent counsel is available at no fee, to have counsel appointed for them if they cannot afford private counsel.

(f) and the Court believed they understand their rights.

(2) Written consent to the decree is obtained from the parents, guardian, or legal custodian and the child is of sufficient age and understanding. The consent given for a Consent Decree does not constitute an admission for purposes of adjudication.

(3) The Tribal or Bureau of Indian Affairs Social Service Department has prepared a treatment plan for the family to be incorporated into the Consent Decree which distinctly states:

(a) the specific treatment programs the parents, guardian, or custodian, or child agree to successfully complete and their duration.

(b) the specific treatment or other social services to be offered by the Tribe or the Bureau of Indian Affairs and accepted by the family.

(c) the specific acts which the parents, guardian, or custodian or child agree to do or to refrain from doing.

(d) the person or agency to be vested with custody of the child if the child cannot remain in its own home, the specific provisions of (a), (b), and (c) above which must be completed or accomplished for a specific duration before the child is returned to its own home, and the period of supervision of the child in its own home.

(B) After all parties have consented, the Court shall review the Treatment Plan and if the Court agrees that the plan is satisfactory, shall order all parties by the Consent Decree to abide by the provisions of the Treatment Plan. The Consent Decree shall be monitored and modified as in other dispositions, provided, that if the family fails to comply with the treatment plan, the Court, on motion of the Attorney General shall proceed with the adjudication.

(C) A Consent Decree shall remain in effect for not exceeding one year, provided, that upon notice of hearing the Court may extend the force of the decree for an additional term of one year with the consent of the parties. The adjudication shall be continued during the term of the Consent Decree and thereafter dismissed if the Decree is complied with.

Section 306. Limitation on Diversions

No child shall be handled by informal adjustment where the child referred to the Court by any person has had any sustained petition for delinquency in the preceding twelve months or has been handled by informal adjustment for a delinquent act in the preceding twelve months.

Sections 307-309. Reserved

Section 310. Petition Form

The Tribal Attorney General shall sign and file all child welfare petitioners alleging a child to be delinquent, in-need-of-supervision, or deprived, or neglected. Such petitioners and all subsequent court documents in such proceedings shall contain a heading and title in substantially the following form:

IN THE TRIBAL DISTRICT COURT

JUVENILE DIVISION

CHEYENNE-ARAPAHO

The CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA In The Interest Of:                                                                                                       An Alleged                                                    Child, And Concerning                                                                                                                                                                                                           Respondent(s)

) ) ) )Case No. JFJ- ) ) ) ) ) ) ) ) )

 

Section 311. Petition Form

(A) The petition shall set forth plainly the facts which bring the child within the Court's jurisdiction. If the petition alleges that the child is delinquent, it shall cite the law which the child is alleged to have violated. The petition shall also state the name, age, and residence of the child and the names and residences of his parents, guardian, or other legal custodian or of his nearest known relative if no parent, guardian, or other legal custodian is known.

(B) All petitions filed alleging the dependency or neglect of a child may include the following statement: Termination of the parent - child legal relationship is a possible remedy available if this petition is sustained. Unless such statement is contained in the petition, no termination of parental rights can be obtained unless, upon the occurrence of new facts after the filing of the petition an amended petition be filed based upon the new facts and containing the above required statement.

Sections 312-319. Reserved

Section 320. Summons

Upon filing of a petition the Court Clerk shall issue a summons to the respondents and the child as in other civil cases. The summons shall be in substantially the following form:

IN THE TRIBAL DISTRICT COURT

JUVENILE DIVISION

CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA

The CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA In The Interest Of:                                                                                                       An Alleged                                                    Child, And Concerning                                                                                                                                                                                                           Respondent(s)

) ) ) )Case No. JFJ- ) ) ) ) ) ) ) ) )

SUMMONS

THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA to:

, Respondents.

YOU ARE HEREBY NOTIFIED, that a petition has been filed in the Juvenile Court alleging that the above named                                is a (delinquent) (deprived or neglected) child (in-need-of-supervision) and that as the (parent) (guardian) (legal custodian) of said child you have been named as the Respondent, all as more fully set out in the attached petition.

YOU ARE THEREFORE ORDERED TO APPEAR at the Courtroom of the Tribal District Court, (Address of Court) , on the                 day of ,                               , 19        , at the hour of                                o'clock ___ .m. and to there remain subject to the call of the Court until discharged so that you may be advised of the allegations contained in the petition and may answer that you admit or deny the allegations of the petition.

YOU ARE FURTHER ORDERED, if the above named child is in your physical custody or subject to your control, to bring the child to Court with you.

You may seek the advice of an attorney on any matter relating to this action at your own expense.

(Seal)	Court Clerk
	(Return as in other civil cases)

Section 321. When Summons Unnecessary

A summons need not issue or be served upon any respondent who appears voluntarily, or who waives service in writing before a notary public or Court Clerk, or who has promised to appear at the hearing in writing upon the release of a child from emergency custody or otherwise, but any such person shall be entitled to a copy of the petition and summons upon request.

Section 322. Additional Parties to be Summoned

The Court on its own motion or on the motion of any party may join in as a respondent or require the appearance of any person it deems necessary to the action and authorize the issuance of a summons directed to such person.

Section 323. Service of Summons

(A) Summons shall be served personally, pursuant to the Tribal rules of civil procedure.

(B) If the parties, guardian, or other legal custodian of the child required to be summoned cannot be found within the Tribal jurisdiction, the fact of the child's presence within the Tribe's jurisdiction shall confer jurisdiction on the Court as to any absent parent, guardian, or legal custodian if due notice has been given in the following manner:

(1) When the residence of the person to be served outside the Tribe's jurisdiction is known, a copy of the summons and petition shall be sent by certified mail with postage prepaid to such person at his place of residence with a return receipt requested. Service of summons shall be deemed complete upon return of the requested receipt.

(2) When the person to be served has no residence within the Tribe's jurisdiction and his place of residence is not known or when he cannot be found within the Tribe's jurisdiction after due diligence, service may be by publication.

Section 324. Failure to Appear

(A) Any person served with a summons who fails to appear without reasonable cause may be proceeded against for contempt of court and a bench warrant may issue.

(B) If after reasonable effort the summons cannot be served or if the welfare of the child requires that he be brought immediately into the custody of the Court, a bench warrant may be issued for the parents, guardian, or other legal custodian or for the child, or a search warrant may issue for the child as provided by law.

(C) When a parent or other person who signed a written promise to appear and bring the child to court, or who has waived or acknowledged service fails to appear with the child on the date set by the Court, a bench warrant may be issued for the parent or other person, the child, or both.

Sections 325-329. Reserved

Section 330. Appointment of Guardian Ad Litem

(A) The Court may appoint a guardian ad litem to protect the interest of a child in proceedings pursuant to Section 310 of this Chapter when:

(1) No parent, guardian, legal custodian, or relative of the child appears at the first or any subsequent hearing in the case; or

(2) The Court finds that there may be a conflict of interest between the child and his parent, guardian, or other legal custodian; or

(3) The Court finds that it is in the child's interest and necessary for his welfare, whether or not a parent, guardian, or other legal custodian is present.

(B) The Court may appoint a guardian ad litem for any parent in proceedings pursuant to Section 310 of this Act who has been determined to be mentally ill by a Court of competent jurisdiction or is developmentally disabled; except that, if a conservator has been appointed, the conservator may serve as the guardian ad litem. If the conservator does not serve as guardian ad litem, he shall be informed that a guardian ad litem has been appointed.

(C) At the time any child first appears in court, if it is determined that he has no guardian of his person, the Court shall appoint a guardian of the person of the child before proceeding with the matter.

(D) In all proceedings brought for the protection of a child suffering from abuse or nonaccidental injury, a guardian ad litem shall be appointed for said child. Said guardian shall have the power to represent the child in the legal proceedings.

(E) All guardian ad litems shall, whenever practical, be required to personally visit the place of residence of the child.

Sections 331-339. Reserved

Section 340. Adjudicatory Hearing

(A) At the adjudicatory hearing, which shall be conducted as provided in the rules of civil procedure, except that the rules of criminal procedure shall apply in delinquency cases, the Court shall consider whether the allegations of the petition are supported by evidence beyond a reasonable doubt in cases concerning delinquent children or children in need of supervision or by a preponderance of the evidence in cases concerning neglected or dependent children; except that jurisdictional matters of the age and residence of the child shall be deemed admitted by or on behalf of the child unless specifically denied prior to the adjudicatory hearing.

(B) When it appears that the evidence presented at the hearing discloses issues not raised in the petition, the Court may proceed immediately to consider the additional or different matters raised by the evidence if the parties consent.

(C) In such event, the Court, on the motion of any interested party or on its own motion, shall order the petition to be amended to conform to the evidence.

(D) If the amendment results in a substantial departure from the original allegations in the petition, the Court shall continue the hearing on the motion of any interested party, or the Court may grant a continuance on its own motion if it finds it to be in the best interests of the child or any other party to the proceeding.

Section 341. Mentally Ill and Developmentally Disabled Children

(A) If it appears from the evidence presented at an adjudicatory hearing or otherwise that the child may be mentally ill or developmentally disabled, as these terms are defined in this Section, the Court shall order that the child be examined by a physician, psychiatrist, or psychologist and may place the child in a hospital or other suitable facility for the purpose of examination for a period not to exceed thirty days.

(B) A suitable facility for the purpose of examination shall be a facility designated by the Court for treatment and evaluation, but neither a Tribal, city or county jail nor a detention facility shall be considered d suitable facility under my circumstances.

(C) If the report of the examination made pursuant to Subsection (A) of this Section states that the child is mentally ill to the extent that hospitalization or institutional confinement and treatment is required, the Court may order such hospitalization, institutional confinement, or treatment prior to or after adjudication.

(D) The Court may dismiss the original petition when a child who has been ordered to receive treatment is no longer receiving treatment.

(E) The Court shall set a time for resuming the hearing on the original petition when:

(1) The report of the examination made pursuant to Subsection (A) of this Section states that the child is not mentally ill to the extent that hospitalization or institutional confinement and treatment are required:

(2) The child is found not to be mentally ill;

(3) The report of the examination made pursuant to Subsection (A) of this Section states that the child is developmentally disabled but not mentally ill.

(F) "Mentally ill person" means a person who is of such mental condition that he is in need of supervision, treatment, care, or restraint.

(G) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or a neurological impairment, which nay have originated during the first eighteen years of life which can be expected to continue indefinitely, and which constitutes a substantial handicap.

(H) "Mentally retarded person" means a person whose intellectual functions have been deficient since birth or whose intellectual development has been arrested or impaired by disease or physical injury to such an extent that he lacks sufficient control, judgment, and discretion to manage his property or affairs or who, by reason of this deficiency and for his own welfare or the welfare or safety of others, requires protection supervision, guidance, training, control, or care.

Section 342. Consent Decree

At any time during the adjudicatory process, but prior to the entry of an order sustaining the petition or provided in Section 344 of this Act, a consent decree may be entered as provided in Section 305 of this Act.

Section 343. Dismissal of Petition

When the Court finds that the allegations of the petition are not supported by evidence beyond a reasonable doubt in cases concerning delinquent children or children in need of supervision or by a preponderance of the evidence in cases concerning neglected or dependent children, the Court shall order the petition dismissed and the child discharged from any detention or restriction previously ordered. His parents, guardian, or other legal custodian shall also be discharged from any restriction other previous temporary order.

Section 344. Sustaining Petition

When the Court finds that the allegations of the petition are supported by evidence beyond a reasonable doubt in cases concerning delinquent children or children in need of supervision or by a preponderance of the evidence in cases concerning neglected or dependent children, the Court shall sustain the petition and make an order of adjudication setting forth whether the child is delinquent, in need of supervision, or neglected or dependent and making the child a ward of the Court. In cases concerning neglected or dependent children, evidence that child abuse or nonaccidental injury has occurred shall constitute prima facie evidence that such child is neglected or dependent and such evidence shall be sufficient to support an adjudication under this Section.

Section 345. Temporary Orders

Upon sustaining a petition the Court shall make such dispositional orders as may be necessary to protect the child prior to the dispositional hearing which shall be held without undue delay.

CHAPTER FOUR - DISPOSITION

Section 401. Dispositional Hearing

After making an order of adjudication, finding the child to be a ward of the Court, the Court shall hear evidence on the question of the proper disposition best serving the interests of the child and the Tribe at a hear- mg scheduled for that purpose.

Section 402. Social Studies and Reports

(A) The Court may order any agency within its jurisdiction a request any other agency to prepare and submit to the Court after the adjudication and prior to disposition a social study, home study, family or medical history or other reports which may be helpful in determining proper treatment and disposition for the family.

(B) After adjudication the Court may order or request, as appropriate, any agency to submit and preadjudicatory social studies or reports helpful in determining proper treatment and disposition for the family.

(C) Such reports shall be filed with the Court and a copy delivered to the parties or their attorney at least five days prior to the dispositional hearing.

Section 403. Treatment Plan

(A) In every case the Court shall order the Tribal Department and/or the Bureau of Indian Affairs Social Services Department to prepare a detailed treatment plan for the treatment and disposition of the problems identified in the adjudication.

(B) The treatment plan shall contain at a minimum

(1) A brief social and family history

(2) A brief statement of the causes of the Court exercises its jurisdiction.

(3) The specific treatment programs the family should be required to complete, their duration, and what is expected to be accomplished.

(4) The specific actions the parents, guardian, legal custodian or child should be ordered to do or refrain from doing and the reasons therefore

(5) The specific treatment or other social services offered by the Tribe or Bureau of Indian Affairs which the family should be required to accept

(6) The person or agency to be vested with custody of the child if the child cannot remain in its own home, and a detailed plan describing how and when the child will be retained to its home under supervision and when court supervision should cease.

(C) The treatment plan shall be filed with the Court and a copy delivered to the parties or their attorney at least five days prior to the dispositional hearing.

Section 404. Medical Examination

The Court may have the cild examined by a physician, psychiatrist, or psychologist, and the Court may place the child in a hospital or other suitable facility for this purpose.

Section 405. Hearing Purpose

The purpose of the dispositional hearing is for the Court to determine the treatment which should be ordered to attempt to correct the problems which led to the adjudication and to provide for the health, welfare, and safety of the child during the treatment period or, if treatment cannot or does not correct the problems after actual attempts have been made to do so, to provide for the long term health, welfare, and safety of the child.

Section 406. Hearing Informal

The dispositional hearing shall be informed and the general rules of procedure and evidence shall not apply so that all pertinent information may be considered in determining treatment and disposition. However, when feasible, the Court shall order the writer of any report or study to appear and answer questions regarding that report if it be challenged by any party.

Section 407. Continuance

(A) The Court may continue the dispositional hearing, either on its own notion or on the motion of any interested party, for a reasonable period to receive reports or other evidence, but the Court shall continue the hearing for good cause on the motion of any interested part in any case where the termination of the parent-child legal relationship is a possible remedy.

(B) If the hearing is continued, the Court shall make an appropriate order for detention of the child or for his release in the custody of his parents, guardian, or other responsible person or agency under such conditions of supervision as the Court may impose during the continuance.

(C) In scheduling investigations and hearings, the Court shall give priority to proceedings concerning a child who is in detention or who has otherwise been removed from his home before an order of disposition has been made.

Section 408. Order of Protection

(A) The Court may make an order of protection in assistance of, or as a condition of, any decree of disposition authorized by this Chapter. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by the parent, guardian, or any other person who is party to the proceeding.

(B) The order of protection may require any such person:

(1) To stay away from a child or his residence;

(2) To permit a parent to visit a child at stated periods;

(3) To abstain from offensive conduct against a child, his parent or parents, guardian, or any other person to whom legal custody of a child has been given:

(4) To give proper attention to the care of the home;

(5) To cooperate in good faith when an agency:

(a) which has been given legal custody of a child;

(b) which is providing protective supervision of a child by court order; or

(c) to which the child has been referred by the Court;

(6) To refrain from acts of commission or omission that tend to make a home an improper place for a child; or

(7) To perform any legal obligation of support.

(C) When such an order of protection is made applicable to a parent or guardian, it may specifically require his active participation in the re habitation process and may impose specific requirements upon such parent or guardian, subject to the penalty of contempt for failure to comply with such order without good cause, as provided in subsection (e) of this section.

(D) After notice and opportunity for hearing is given to a person subject to an order of protection, the order may be terminated, modified, or extended for a specified period of time if the Court finds that the best interests of the child and the Tribe will be served thereby.

(E) A person failing to comply with an order of protection without good cause may be found in contempt of court.

Section 409. Reserved

Section 410. Placement Preferences

(A) In making a placement of or committing legal custody of a child to some person in the disposition process whether for foster care or adoption, the Court shall place the child in the following descending order of preference:

(1) The natural parents, adoptive parents, or stepparents as the case may be

(2) A traditional custodian who is a member of the Tribe and their spouse.

(3) A traditional custodian who is a member of another Indian Tribe and their spouse.

(4) A member of the Tribe over eighteen years of age who is the child's grandparent, aunt or uncle, brother or sister, brother- in-law or sister-in-law, niece or nephew, first or second cousin, and their spouse.

(5) A member of another Indian Tribe over eighteen years of age who is the child's grandparent, aunt or uncle