CHAPTER 6-3
ADJUDICATION

6-3-1 Court Intake.

If the social service agency determines that the interests of the child or the community requires that Court action be taken, the social service agency shall submit a written request or file a petition for adjudication. The request or petition shall be delivered and accompanied by a copy of the entire case file to the Juvenile Court.

6-3-2 Petition Contents.

The petition shall set forth plainly the facts which bring the child within the Court’s jurisdiction. The petition shall also state the name, age, and residence of the child and the names and residences of his parents, guardian, or other legal custodian or of his nearest known relative if no parent, guardian, or other legal custodian is known.

6-3-3 Summons.

Upon filing of a petition the Court Clerk shall issue a summons to the respondents and the child as in other civil cases. A summons need not issue or be served upon any respondent who appears voluntarily, or who waives service in writing before a notary public or Court clerk, or who has promised to appear at the hearing in writing upon the release of a child from emergency custody or otherwise, but any such person shall be entitled to a copy of the petition and summons upon request.

6-3-4 Service of Summons.

Summons shall be served personally, pursuant to the Rules of Civil Procedure. If the parties, guardian, or other legal custodian of the child required to be summoned cannot be found within the Tribal jurisdiction, the fact of the child’s presence within the Tribe’s jurisdiction shall confer jurisdiction on the Court as to any absent parent, guardian, or legal custodian if due notice has been given in the following manner:

(A)    When the residence of the person to be served outside the Tribe’s jurisdiction is known, a copy of the summons and petition shall be sent by certified mail with postage prepaid to such person at his place of residence with a return receipt requested. Service of summons shall be deemed complete upon return of the requested receipt.

(B)    When the person to be served has no residence within the Tribe’s jurisdiction and his place of residence is not known or when he cannot be found within the Tribe’s jurisdiction after due diligence, service may be by publication.

6-3-5 Failure to Appear.

Any person served with a summons who fails to appear without reasonable cause may be proceeded against for contempt of Court. If after reasonable effort the summons cannot be served or if the welfare of the child requires that it be brought immediately into the custody of the Court, a bench warrant may be issued for the parents, guardian, or other legal custodian or for the child. When a parent or other person who signed a written promise to appear and bring the child to Court, or who has waived or acknowledged service fails to appear with the child on the date set by the Court, a bench warrant may be issued for the parent or other person, the child, or both.

6-3-6 Appointment of Guardian Ad Litem.

The Court may appoint a guardian ad litem to protect the interest of a child in proceedings when:

(A)    No parent, guardian, legal custodian, or relative of the child appears at the first or any subsequent hearing in the case.

(B)    The Court finds that there may be a conflict of interest between the child and his parent, guardian, or other legal custodian.

(C)    The Court finds that it is in the child’s interest and necessary for his welfare, whether or not a parent, guardian, or other legal custodian is present.

6-3-7 Adjudicatory Hearing.

At the adjudicatory hearing the Juvenile Court shall consider whether the allegations of the petition are supported by a preponderance of the evidence. When it appears that the evidence presented at the hearing discloses issues not raised in the petition, the Court may proceed immediately to consider the additional or different matters raised by the evidence if the parties consent.

In such event, the Court, on the motion of any interested party or on its own motion, shall order the petition to be amended to conform to the evidence. If the amendment results in a substantial departure from the original allegations in the petition, the Court shall continue the hearing on the motion of any interested party, or the Court may grant a continuance on its own motion if it finds it to be in the best interests of the child or any other party to the proceeding.

6-3-8 Dismissal of Petition.

When the Court finds that the allegations of the petition are not supported by a preponderance of the evidence, the Court shall order the petition dismissed and the child discharged from any emergency care. The child’s parents, guardian, or legal custodian shall also be discharged from any restriction other previous temporary order.

6-3-9 Sustaining Petition.

When the Court finds that the allegations of the petition are supported by a preponderance of the evidence, the Court shall sustain the petition and make an order of adjudication setting forth whether the child is in need of care or neglected and making the child a Ward of the Court. After making an adjudication order and finding the child a Ward, the Juvenile Court shall hear evidence on the question of the proper disposition best serving the interests of the child and the Tribe at a hearing schedule for that purpose. Evidence that child abuse or non-accidental injury has occurred shall constitute prima facie evidence that such child is neglected and such evidence shall be sufficient to support an adjudication under this Section.

6-3-10 Temporary Orders.

Upon sustaining a petition, the Court shall make such dispositional orders as may be necessary to protect the child prior to the dispositional hearing which shall be held without undue delay.