3-7-36 Disposition Orders - Review

  1. At least once per month, the Children’s Court shall conduct a hearing for the purpose of reviewing any disposition orders entered pursuant to the provisions of RSTLOC 3-7-33, and determining:
    1. whether the Wakanyeja and the Wakanyeja parent, guardian or custodian are in compliance with those disposition orders;
    2. the extent to which those disposition orders have accomplished their intended purposes;
    3. whether those disposition orders should:
      1. continue in effect without modification or extension;
      2. be terminated in accordance with the provisions of RSTLOC 3-7-36(b); or
      3. be modified or extended in accordance with the provisions of RSTLOC 3-7-38;
      4. At any review hearing conducted pursuant to the provisions of this section:
        1. the Wakanyeja shall bear the burden of showing, by a preponderance of the evidence, compliance with any affirmative requirement set forth in the disposition orders entered by the Children’s Court; and
        2. the Tribe shall bear the burden of showing, by a preponderance of the evidence, that the Wakanyeja or the Wakanyeja parent, guardian or custodian has engaged in any conduct prohibited by the disposition orders entered by the Children’s Court.
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