3-4-13. INITIAL HEARING - AMENDMENT

1. Hearing Date.
   1. If a child has been removed from the custody of a parent or guardian, an initial hearing shall be held within seventy-two (72) hours after the emergency removal, except as provided above in Section II (7).
2. Notice of Initial Hearing. The court and the Tribe shall make all reasonable efforts to advise the parents, guardians or custodian of the time and place of the initial hearing. The court shall order that the parent, guardian or custodian be present for the hearing. Reasonable efforts shall include personal, telephone and written contacts at their residence, place of employment or other location where the person is known to frequent with regularity. If the court is unable to contact the parent, guardian or custodian, notice shall be given to members of the extended family of the parent, guardian or custodian and/or the extended family of the child.
3. Purpose of Initial Hearing.
   1. At the initial hearing, the Tribe will serve the Petition on the parent or guardian, who will be referred to as respondent in the Petition. The Respondent will have an opportunity to answer the Petition by entering an admission or denial to the facts and allegations in the Petition. If the Respondent enters a denial to the Petition, the court will schedule an adjudication hearing. If the Respondent enters an admission to the Petition, the court will proceed to disposition or schedule a dispositional hearing.
   2. If a child has been removed from the custody of the parent or guardian, the Court will determine if good cause existed at the time of the removal to warrant taking the child into emergency custody; and the Court will further determine whether continued removal from the home is necessary to insure safety, health, and well-being of the child.
4. Notice of Rights. During the initial hearing, the court shall advise the parties of the reason for the hearing and of their basic rights as provided for in this code. The court will inform the parties that all parties have a right to be represented by an advocate or attorney at their own expense in all proceedings under this code, to introduce evidence, to be heard on his or her own behalf, to examine witnesses, and to be informed of possible consequences if the allegations of the petition are found to be true. All parties shall be entitled to advance copies of court documents, including petitions and reports, unless deemed inappropriate by the court.
5. Nature of Hearing. The initial hearing shall be informal in nature. Concerned parties may present evidence relating to the situation. The general public shall be excluded from the proceedings. Only the parties, their counsel, witnesses, the child’s extended family and other appropriate persons, as determined by the court, shall be admitted.
6. Possible Outcomes of the Initial Hearing.
   1. The child and family protection petition may be dismissed and the child returned to the home;
   2. The child may be returned to the home of the parents, guardian or custodian under the supervision of the court, pending the adjudicatory hearing, which shall be ordered to be held within thirty (30) days;
   3. The child may be continued in the child’s out-of-home placement. The court can give temporary legal and/or physical custody of the child to a responsible relative, or, if none is available, to a child protection agency.
7. Waiver of Rights. A party may waive any rights provided in this chapter of the Juvenile Code, if such waiver is made knowingly and voluntarily. Willful failure to appear at the initial hearing, after receiving notice, will be deemed to be a waiver of the Respondent’s right to be present and to participate in the hearing; and the hearing will proceed in the absence of the parent or guardian.