3-4-11. THE MINOR IN NEED OF CARE / CHILD IN NEED OF SUPERVISION PETITION - AMENDMENT

1. Authorization to File Petition.
   1. Child and family protection proceedings in the Children’s Court will be commenced by the filing of a Petition. The Tribe’s Juvenile Presenting Officer will file the Petition on behalf of the Tribe and in the best interests of the child.
   2. For purposes of this chapter, child and family protection proceeding shall include any proceedings in the Children’s Court in which a child is alleged to be a Minor in Need of Care or Child in Need of Supervision.
2. Contents of Petition. The child and family protection Petition shall set forth the following with specificity;
   1. The name, birth date, sex, residence and tribal affiliation of the child;
   2. The basis for the court’s jurisdiction;
   3. The specific allegations of abuse, neglect or abandonment and the specific Code statutes relied upon;
   4. A plain and concise statement of the facts upon which the Petition is based, including the date, time and location at which the alleged facts occurred;
   5. The names and residence of the child’s parents, guardians or custodians, if known;
   6. If the child is placed outside the home, the Petition shall state where the child is placed, the facts necessitating the placement and the date and time of the placement. A copy of the police officer’s report, setting forth the facts and circumstances of the removal, shall be attached to the Petition.
3. Prior Notice and Initial Hearing on the Petition Required in Non-Emergency Cases. If the Tribe has probable cause to believe that a child is a minor in need of care or a child in need of supervision, but circumstances do not pose an immediate threat to the safety of the child or others, then an emergency removal will not be justified. In such non-emergency circumstances, the Tribe will apply for an order to remove legal and/or physical custody of a child from its parent or guardian by filing a Petition in the Children’s Court and by giving prior notice to the parent or guardian of the date, time, and place of the initial hearing on the Petition.