DMR.1.5.060 Dispositional Hearing

(a) At any stage of a proceeding under this ordinance the Children's Court may order a temporary disposition for the child. Such an order may include any disposition authorized by Section DMR.1.5.060(e), below.

(b) Upon entry of an adjudication order, the Children's Court shall determine the disposition appropriate for the child. The Child Welfare Director or the Assistant Child Welfare Director and the petitioning party if other than the Child Welfare Director or the Assistant Child Welfare Director, shall submit reports to the Children's 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. 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 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.

(c) Any party requesting out-of-home placement of a child shall submit to the Children's Court, and distribute as provided in Section DMR.1.5.060(b), above, a report enumerating 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.

(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 Child Welfare Director or the Assistant Child Welfare 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) Return the child to the custody of a parent, guardian, custodian, or other responsible relative in the child's home, with supervision of the child by the Child Welfare Director or the Assistant Child Welfare Director and subject to such limitations and conditions in the conduct of the child and the parent, guardian, custodian, or other responsible relative, as the Court may prescribe.

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

(3) Restitution in any reasonable amount for acts of the child resulting in damage to property or injury to any person or the Tribe.

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

(5) Removal of the child from the home and/or placement with a member of the child's extended family, a tribal member licensed foster home, a licensed Indian foster home, an institution for children approved by the Tribe, or any other foster home, subject to such limitations and conditions as the Children's Court may prescribe.

(6) Out-patient or inpatient alcohol, drug, or mental health treatment for specified purposes for a specified period of time.

(7) Allow a child 16 years of age or older to live independently, either alone or with friends or relatives, under such supervision or guardianship as the Children's Court deems appropriate.

(8) Appoint a guardian for a child.

(9) Transfer jurisdiction to another Indian Tribe upon a showing that the child is eligible for membership in that Tribe and has more significant contacts with that tribe than with the Lac Courte Oreilles Tribe, or upon a showing that the child is a ward of another tribe or the subject of a proceeding in another tribal court.

(10) Recommend that termination or suspension of parental rights proceedings begin.

(11) Visitation by parties or extended family members as appropriate.

(12) Authority to assign attributes of guardianship. Unless otherwise ordered by the Children's Court, the parent or parents with legal custody of a child retain the right to exercise all attributes of guardianship, subject to any foster parent's right to control the day-to-day activities of the child, and to execute consents for daily school activities, not including overnight activities. The Child Welfare Director or the Assistant Child Welfare Director may be granted specific attributes of guardianship, including but not limited to, the right to consent to medical treatment and educational services.

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

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

(g) When a child has been found to be in need of care under Section DMR.1.5.010(n) [school truancy] or Section DMR.1.5.010(p) and Section DMR.1.5.010(q) [violation of state, federal, or tribal law] of this ordinance, the Children's Court may in its discretion order disclosure of such facts in the matter as it deems appropriate to the community or to the victim, and may order the child to perform such activities for, with, or on behalf of the community or victim, as appropriate, that may promote rehabilitation of the child or reconciliation of the child with the community or victim.

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

(i) 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.

(j) In any out-of-home placement of a child, the Children's Court shall require testimony and make findings that services designed to prevent the necessity of out-of-home placement are appropriate and available and have been offered. The Court may, upon request of the petitioning party, accept a report describing the services available and offered in lieu of testimony.

(k) In any out-of-home placement of a child, the Children's Court shall consider and make findings that reasonable efforts were made to prevent out-of-home placement and that continuance of the child in the child's home would be contrary to the child's welfare, and shall further make findings on the availability or appropriateness of custodial care within the child's extended family or with tribal members before ordering a placement in any other home or facility.

(l) Whenever the Children's Court orders a child to be placed outside the home, the Court shall orally inform the parents who appear in Court, and shall include in the written order a statement, of any ground for termination or separation of parental rights under Subchapter DMR.1.6 that may be applicable.

(m) Whenever the Children's Court orders a child to be placed outside the home, the Children's Court shall order reasonable efforts, as appropriate, to be made to return the child home.

(n) 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.

(o) 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.