3-4-14. ADJUDICATION HEARING - AMENDMENT

1. Purpose. The court will schedule an adjudication hearing to held within thirty (30) days following the initial hearing. At the adjudication hearing, the Tribe will have the burden of proving by a preponderance of the evidence the allegations set forth in the petition. If the court finds that the Tribe has not proven the allegations in the petition will be dismissed and full legal and physical custody of the child will be returned to the parent. If the court finds that the Tribe has proven the allegations in the Petition and rules that the child is a minor in need of care or a child in need of supervision, the court will schedule a disposition hearing. Pending the disposition hearing, the Court will enter appropriate orders concerning temporary custody of the child.
2. Hearing Procedure. The adjudicatory hearing shall be an evidentiary hearing, governed by the Federal Rules of Evidence, except as otherwise set forth in this chapter.
3. Time Limitations.
   1. If the Tribe is not ready to proceed with a scheduled adjudication hearing within thirty (30) days of the filing of the petition, and the court grants a motion by the Tribe for a continuance of the hearing, custody of the child will be returned to the parent, unless the court finds good cause prevented the Tribe from proceeding with the hearing. The Court may re-schedule the hearing for a date not more than thirty (30) days from the original date of the adjudication hearing. Absent an express finding by the court of extraordinary circumstances, if the Tribe is not ready to proceed with a hearing on the next adjourned date, then the Court must order that full legal and physical custody of the children be returned to the parent or guardian and the petition be dismissed.
   2. For purposes of calculating time, the next calendar day following the date of the initial hearing will be counted as the first day.
4. Waiver by parent or guardian. A respondent’s willful failure to appear at the adjudication , after receiving actual notice, will be deemed to be a waiver of the Respondent’s right to be present and to participate in the hearing, and, on the Court’s discretion, the hearing may proceed in the absence of the Respondent.
5. Admissibility. The records of the initial hearing shall not be admissible at the adjudication hearing. This shall not be construed to prevent the admissibility of any evidence that was presented at the hearing which would normally be admissible under the court’s rules of evidence.
6. Closed Hearing. The general public shall be excluded from the proceedings. Only the parties, their counsel, witnesses, the child’s extended family, and other persons determined to be appropriate by the court shall be admitted.
7. Advice of Rights. During the hearing, the court shall advise the party(s) of the reason for the hearing and of their basic rights as provided for in this chapter of the Juvenile Code.
8. Child Witnesses. If the court determines that it is in the best interests of the child and does not violate the right of a party, the court may allow the child to testify by means of a videotape deposition, closed circuit television or other appropriate method.
9. Burden of Proof. The burden of proof lies with the petitioner. In order to prevail, the petitioner must prove that the allegations raised in the child/family protection petition are more likely true than not-that is by the preponderance of the evidence, and that the best interests of the child will be served by continued court intervention.
10. Outcome of Hearing. The court will either find the allegations of the child and family protection petition to be proven or dismiss the petition, unless the hearing shall be continued to a date certain to allow for the presentation of further evidence. If the court finds that the allegations in the petition have been proven, the court may then proceed to a disposition hearing or schedule a disposition hearing within thirty (30) days.