3-4-15. DISPOSITION HEARING - AMENDMENT

1. Purpose of Disposition Hearing. In the disposition hearing, the court will enter an order concerning the case and custody of the child, including the actions to be taken by the parties to accomplish the goal of re-unification of the family, and any other issues relevant to the best interests of the child. The primary goal of the dispositional proceedings shall be to bring about the re-unification of the child with his or her family, unless the court makes an express finding that re-unification would not be in the best interests of the child.
2. Requirements of a Social Service Report. To aid the court in its decision, a social services report consisting of a written evaluation of matters relevant to the disposition of the case shall be made by a person or agencies filing the petition, or by the social service agency having custody of the child. The social service report shall be filed with the court and served upon the parties three (3) days prior to a disposition hearing. Service may be made by certified mail, personal service, or service upon the attorney of record.
3. Contents of a Social Service Report. The social service report shall include the following points:
   1. A summary of the problem(s);
   2. What steps, have the parent, guardian, custodian, or social services personnel already taken to correct the problem(s);
   3. What service could be of benefit to the parent, guardian or custodian, but are not available in the community;
   4. A report on how the child is doing in his/her current placement(s) since the last hearing. If there have been any moves, the report will contain the reason for such moves;
   5. Dates of contacts with parent, guardian, or custodian and the child since the first hearing was held, method of contact, duration and subjects discussed;
   6. If there have been no contacts with the parent, guardian or custodian or social worker, what efforts have been made to contact such parties;
   7. An assessment of when the child is expected to return home;
   8. A list of who the extended family members are and list of contacts, or attempts to contact such family members regarding placement of child;
   9. The social services personnel shall develop a written case plan and shall make recommendations for the next six (6) months. Such recommendation will include:
      1. A treatment plan for the parents;
      2. Future placement of the child;
      3. What services should be provided for the child, if services are needed.
   10. If the social services agency that has legal custody of the child recommends placement of the child in a setting away from the Rosebud Sioux Indian Reservation, the report will set forth in detail the reasons for such placement, the efforts made to place the child on the reservation, and a statement as to why off-reservation placement would be in the best interests of the child.
4. Return to Home. The court may find the allegations of the child and family protection petition to be true, but that out-of-home placement is not needed to protect the child. The court may, however, due to unresolved problems in the home, continue intervention and supervision as appropriate.
5. Court Order for Continuing Removal. The court shall specify in its order the necessary intervention and appropriate steps, if any, the parent, guardian or custodian must follow to correct the underlying problem.
6. Return of Child to Parent, Guardian or Custodian. The court may find the allegations of the child/family protection petition to be true and out-of-home placement necessary, but with the accomplishment of specified actions by the parent, guardian or custodian, the child may be returned absent good cause to the contrary. The order of the court shall specify actions, and the time frames for such actions, that parent, guardian, or custodian must accomplish before the child is returned. The order will also specify the responsibilities of any support agency or personnel to be involved.
7. Out-of-Home Placement and Duty to Make Reasonable Efforts to Re-unify Families. The court may find out-of-home placement to be necessary and that the child should not be returned to the home. The court shall specify what steps the parent shall take to demonstrate their abilities to care for their child, and shall specify to the parties what factors the court will consider at a subsequent hearing to determine whether or not the child should be returned. Whenever a child has been removed from the custody of a parent or guardian, re-unification of the family shall be the goal of the child/family protection proceeding throughout every stage of the proceedings. If the court grants temporary legal and/or physical custody of the child to a child protective agency, that agency will work to re-unify the family, unless the court makes an express finding, after an evidentiary hearing, that further efforts at re-unification would not be in the interests of the child. At the dispositional hearing and at each review hearing, the child protective agency that has legal custody of the child shall make a written report to the court that shall set forth the specific actions taken by that agency to accomplish the goal of re-unification.
8. Written Order. The Court shall specify in writing its findings of facts and conclusions of law.