DMR.1.10.090 Dispositional Hearing

(a) If no party contests the allegations of the petition or upon entry of an adjudication order, the Children's Court shall set a date for a dispositional hearing no later than thirty (30) days from the date of the initial hearing or the adjudication order.

(b) The Children's Court shall determine the disposition appropriate for the child at the Dispositional Hearing. The Behavioral Health Director or his or her designee and the petitioning party shall submit reports to the Court summarizing the child's personal history, the circumstances leading to the petition, the resources available and suitable to the child and family, the disposition recommended, and the rationale for the disposition. The report shall specify how the disposition is related to the circumstances leading to the petition and the role each affected person is expected to play in the removal of such circumstances in the future. Any other party may submit such a report. If a party requests an out-of-home placement for the child, the report shall enumerate the attempts made to prevent an out-of-home placement, and a statement describing the efforts that will be made to make it possible for the child to return home.

(c) All such reports shall be filed with the Children's Court no later than four (4) days prior to the dispositional hearing, unless all parties waive such time limit. The Clerk of Court shall provide copies to the child's guardian ad litem (if any) and counsel for any party, or directly to any party not represented by counsel, together with a notice requiring the recipient to bring the copy of the report to the dispositional hearing, and prohibiting the recipient from copying or allowing any copies of the report to be made. No additional copies shall be made.

(d) In considering an appropriate disposition, the Children's Court may consider any or all of the following factors:

(1) Special physical, intellectual, or emotional needs of the child;

(2) Social, cultural, or religious tradition of the child, the child's family, or the Tribe;

(3) Availability of resources within the child's extended family;

(4) The child's preference, if the child is over 12 years of age, and the recommendation of any guardian ad litem;

(5) The recommendation of the Behavioral Health Director or any person with an interest in the child;

(6) Recommendations of professionals experienced in services to children;

(7) Other factors calculated to meet the needs of the individual child and purposes of this chapter.

(e) The Children's Court may order disposition in any or all of the following ways:

(1) Participation of the child in a specified counseling, treatment, or educational program, which may include the use of traditional or culturally appropriate services or activities.

(2) Participation of the parent or custodian in a specified counseling, treatment, or educational program, which may include the use of traditional or culturally appropriate services or activities.

(3) Community service appropriate to the needs or abilities of the child.

(4) Out-patient alcohol, drug, or mental health treatment for the parent or child for specified purposes for a specified period of time.

(5) Inpatient AODA treatment for the child for specified purposes for a specified period of time.

(6) Any other disposition calculated to provide for physical, mental, emotional, or developmental needs of the child.

(7) Supervision of the child by the Behavioral Health Department.

(f) A dispositional order may be in effect for no longer than one (1) year.

(g) Any party to a proceeding under this chapter may seek and the Children's Court on its own motion may direct the Behavioral Health Director to seek enforcement of any Court order in any other appropriate Court.

(h) The Children's Court on its own motion may waive, and any party to a proceeding under this chapter may, by motion and for good cause shown, seek a waiver of, continuing jurisdiction over a child and refer a case to any other Court having jurisdiction in such a case.

(i) In any out-of-home placement of a child, the Court shall require testimony, or upon request of the petitioning party, accept a report describing the services available in lieu of testimony, and make the following findings:

(1) Reasonable and active efforts designed to prevent the necessity of out-of-home placement are appropriate and available and have been offered;

(2) The out of home placement is the least restrictive to meet the child's needs;

(3) Continued placement in the home would be contrary to the welfare of the child to remain; and

(4) The Behavioral Health Department will have placement and care responsibility of the child in question.

(j) Whenever the Children's Court orders a child to be placed outside the home, the Children's Court may make the referral described under Section DMR.1.3.120(b) of this ordinance.

(k) Whenever the Children's Court determines the child or the child's family needs Court ordered services beyond those stated in this subchapter, the Children's Court may make a referral to the Indian Child Welfare Department to initiate a Minor in Need of Care Petition under Subchapter DMR.1.5 of this ordinance.

(l) Whenever the Children's Court orders a child placed outside the home, legal custody of the child shall be retained by the parent or parents with legal custody unless the Court specifically orders otherwise, subject to the conditions and limitations imposed by the terms of the dispositional order.