3-7-28 Predisposition Examinations and Investigations

  1. Following an adjudication hearing at which the Wakanyeja is found to be a truant, and prior to the entry of any disposition orders, the Children’s Court may enter a written order:
    1. requiring the Wakanyeja undergo educational, medical, psychological, or psychiatric examination; or
    2. directing the Rosebud Sioux Tribal Education Department:
      1. to investigate any matter relevant to the disposition of the case, including but not limited to any matter described in RSTLOC 3-7-25(a); and
      2. to address the results of that investigation in the predisposition report or, where the predisposition report has already been submitted, in a supplemental report.
  2. Where the results of any examination or investigation ordered by the Children’s Court pursuant to the provisions of this section are not available at the disposition hearing:
    1. the Children’s Court may enter such orders on disposition as the Children’s Court finds appropriate, considering the evidence before it at the disposition hearing; and
    2. upon receiving the results of any such examination or investigation, the Children’s Court:
      1. may, upon the Children’s Court’s own motion, conduct a hearing to review its disposition orders in accordance with the provisions of RSTLOC 3-7-35; and
      2. shall, upon the motion of any party, conduct a hearing to review its disposition orders in accordance with the provisions of RSTLOC 3-7-35.
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