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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 3. Child and Family Protection

3-12. Initial Hearing

LLOjibwe JCT3 CFC § 3-12

3-12. Initial Hearing

A. Hearing Date

An initial hearing shall be held regarding the removal of a child before the end of the second court working day following the filing of the child/family protection petition.

B. Purpose

The purpose of the initial hearing is to determine whether it is reasonable to believe that continuing absence form the home is necessary to protect the will being of the child.

C. Advise of Rights

During the hearing, the Court shall advise the party(s) of the reason for the hearing and of their basic rights as provided for the Chapter 3-14 of this Code.

D. Nature of Hearing

The hearing shall be informal in nature. Concerned parties may present evidence relating to the situation. Hearsay evidence will not be excluded at this hearing as long as it is relevant and material to the issues. The general public shall be excluded from the proceedings. Only the parties, their counsel, witnesses, the child's extended family and another persons determined to be appropriate by the Court shall be admitted.

E. Possible Outcomes of the Initial Hearing

1. The child/family protection petition may be dismissed and the child returned to the home.

2. The child may be returned to the home of the parents, guardian or custodian under the supervision of the Court and a hearing shall be held within thirty (30) days.

3. The child may be continued in the child's out-of-home placement and a hearing will be held within thirty (30) days.

F. Notice of Initial Hearing

The petitioner shall make all reasonable efforts to advise the parents, guardian or custodian of the time and place of the initial hearing and shall request that the parent, guardian or custodian be present for the hearing. Reasonable efforts shall include personal, telephone and written contacts at their residence, place of employment or other location where the person is known to frequent with regularity. If the petitioner is unable to contact the parent, guardian or custodian, notice shall be given to the members of the extended family of the parent, guardian or custodian and/or the extended family of the child.

G. Unresolved Issues

If the problems are not resolved at the initial hearing or the thirty (30) day hearing, the Court will set a date for a formal hearing on the issues. Such date will be no later than ninety (90) days after the filing of the child/family protection petition.

Resolution No. 03-62, presented and acted upon on December 23, 2002.

Leech Lake Ojibwe Jud. Code, T. 3, Child & Fam. Protect. Code § 3-12, LLOjibwe JCT3 CFC § 3-12

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