3-3-20. INVESTIGATION AND HEARINGS.

1. Social Investigations: Whenever practicable, the Court shall require that a social investigation be made and a report be submitted to the Court in writing in all cases under Section 3-1-4 of this Code in which a petition has been filed, except violation of traffic, fish and game and boating laws and ordinances.
2. Social Investigations-Scope: The investigation shall cover the child’s home environment, history, and associations, the present condition of the child and family, and recommendations as to the child’s future care. In cases involving the duty of support, the study shall include such matters as earnings, assets, financial obligations and employment. Investigations shall be made by qualified expert witnesses, as determined by the Court.
3. Proceedings-Civil in Nature: Proceedings in children’s cases shall be regarded as civil proceedings, with the Court exercising equitable power. Children’s cases under Section 3-1-4 of this Code shall be handled separate from adult cases under 3-1-4F hereof.
4. Conduct of Hearings-Informal in Manner: Hearings in children’s cases shall be before the Court without a jury and may be conducted in an informal manner. The general public shall be excluded and only such persons shall be admitted whom the Judge finds have a direct and legitimate interest in the case of work of the Court. The child or one of his parents may be separately interviewed at any time at the discretion of the Court. The hearings may be continued from time to time, at a date specified by the Court.
5. Hearings-Record: A verbatim record by either stenographic or electrical or mechanical recording device shall be taken in all cases processed through the Juvenile Court. The Court may dispense with such record at its discretion, but no sooner than sixty (60) days after the time for appeal has expired. In no event shall a record be dispensed with if a case is to be further reviewed by the Court.
6. Records-Use in Other Courts: Neither the record in the Tribal Juvenile Court nor any evidence given therein shall be released for use in any proceedings in any other Court. No child shall be charged with any crime nor be convicted in any other Tribal Court, except as provided in Section 3-1-4D of this Code.
7. Hearings-Guardian Ad Litem: The Court may, if in the best interests of the child, appoint a Guardian Ad Litem who shall represent the Tribe in the interests of a child in any proceedings in a child’s care, or within another Court’s jurisdiction.
8. Hearings-Evidence: For the purpose of determining proper disposition of the child, and for the purpose of establishing the fact of neglect or dependency, written reports and other material relating to the child’s mental, physical, and social history and condition must be received in evidence; and must be considered by the Court along with other evidence, but the Court may require that the person who wrote the report or prepared the material appear as a witness if he is reasonably available.
9. Consolidation of Procedures: When more than one child is involved in a home situation which may be found to constitute neglect, dependency, or when more than one child is alleged to be involved in the same law violation, the proceeding may be consolidated, except that separate hearings may be held with respect to disposition.
10. Amendments of Pleadings-Continuances: When it appears, during the course of any proceeding in a child’s case that the evidence presented points to the material facts not alleged in the Petition, the Court may proceed to consider forthwith the additional or different matters raised by the evidence. In such event, the Court, on motion of any interested party, or on its own motion, shall direct that the Petition be amended to conform to the evidence. The Court shall grant such continuances as justice may require.
11. Special Rules of Procedures-Traffic, Fish and Game, and Boating Ordinances: The Court may adopt special rules of procedure to govern proceedings involving violations by children of traffic laws or ordinances and violations of fish and game, and boating laws and ordinances.
12. Presence of Parents-Protection of Child: The Court shall endeavor to insure the presence at the hearing, of one or both parents, or of the guardian of the child. If neither is present, the Court may appoint a Guardian Ad Litem to protect the interests of the child. A Guardian Ad Litem may also be appointed whenever necessary for the welfare of the child; whether or not a parent or guardian is present.
13. Grounds for Re-Hearing: A parent, guardian, custodian, relative or friend of any child whose status has been adjudicated under this Code, or any adult affected by a decree in a child’s proceeding hereunder, may, at any time, petition the Court for a new hearing on the ground that new evidence which was not known or could not, with due diligence, have been made available at the original hearing, and which might affect the decree, has been discovered. If it appears to the Court that there is such evidence which might affect the decree, it shall order a new hearing and enter such decree and make such disposition of the case as is warranted by all the facts and circumstances and the best interests of the child.
14. Maintenance of Order During Hearing: Upon request of the Court, the Chief of the Tribal Police or his Deputy or other Officer shall aid the Court in maintaining order during any hearing.