Home

Back to Table of Contents

Ponca Tribe of Nebraska Tribal Code

TITLE III CHILD WELFARE 

CHAPTER 4 JUVENILE COURT
Section 3-4-1. Creation
Section 3-4-2. Proceedings in the Best Interest of the Child
Section 3-4-2(a). Telephone/Facsimile Orders
Section 3-4-2(b). Exclusion of Child from Proceedings
Section 3-4-3. Tribal Attorney to Represent the Tribe
Section 3-4-4. Preliminary Investigation 
Section 3-4-5. Court Ordered Temporary Custody
Section 3-4-6. Temporary Custody Placement 
Section 3-4-7. Options of the Court Following Temporary Custody Hearing for Abused or Neglected Child 
Section 3-4-8. Release of Child in Need of Supervision Following Temporary Custody Hearing
Section 3-4-9. Confidentiality of Records 
Section 3-4-10. Release of Information on Identity of child prohibited by Court Order
Section 3-4-11. Rights of Parents, Guardian or Custodian
Section 3-4-12. Conduct of Hearings 
Section 3-4-13. Inspection of Court Proceedings 
Section 3-4-14. Witnesses
Section 3-4-15. Examinations
Section 3-4-16. Petitions Alleging Abused or Neglected Child and Child in Need of Supervision
Section 3-4-17. Summons/Service of Process
Section 3-4-18. Publication of Summons
Section 3-4-19. Warrants Issued Against Parents, Guardian or Custodian
Section 3-4-20. Appearance and Answer/Failure as Default
Section 3-4-21. Initial Appearance/Advisory Hearing 
Section 3-4-22. Petitions Admitted to By All Parties
Section 3-4-23. Adjudicatory Hearing
Section 3-4-24. Final Order Where All Allegations Not Supported by Evidence 
Section 3-4-25. Order of Adjudication Where Allegations Supported by the Evidence 
Section 3-4-26. Exams, Reports, and Investigations of Adjudicated Child Before Final Disposition
Section 3-4-27. Continuance 
Section 3-4-28. Dispositional Hearing/Final Decree
Section 3-4-29. Order of Decree of Guardianship of Child
Section 3-4-30. Orders for Support
Section 3-4-31. Guardianship of the Estate of the Child
Section 3-4-32. Period of Continuation of Guardianship/Application for New Guardian, Restoration to Parents or Discharge of Guardianship
Section 3-4-33. Orders for Protection 
Section 3-4-34. Modification or Setting Aside Order or Decree
Section 3-4-35. Petition for Modification or Termination of Custody Decree 
Section 3-4-36. Petition for New Hearing on Grounds of New Evidence

PTN Code § 3-4-1
Section 3-4-1. Creation

There is hereby created a juvenile court which shall be known as the Ponca Tribe of Nebraska Tribal Juvenile Court and any duly appointed or elected judge of the Court when exercising jurisdiction under this Title shall be known as the Ponca Tribal Juvenile Judge.

Ponca Tribe of Nebraska Code § 3-4-1, PTN Code § 3-4-1

PTN Code § 3-4-2
Section 3-4-2. Proceedings in the Best Interest of the Child

Proceedings under this Title shall be in the best interests of the child.

Ponca Tribe of Nebraska Code § 3-4-2, PTN Code § 3-4-2

PTN Code § 3-4-2(a)
Section 3-4-2(a). Telephone/Facsimile Orders

The Court may issue orders by telephone and/or facsimile machine and such orders shall have the same force and effect as original written orders. Telephone orders shall be followed by a written order as soon thereafter as possible.

Ponca Tribe of Nebraska Code § 3-4-2(a), PTN Code § 3-4-2(a)

PTN Code § 3-4-2(b)
Section 3-4-2(b). Exclusion of Child from Proceedings

If the Court finds it is in the best interest of the child, the child may be temporarily excluded from an in-need-of-supervision hearing and during the taking of evidence on issues of need for treatment and rehabilitation in juvenile offender hearings. A child may be temporarily excluded by the Court during a hearing on dispositional issues under the same method.

Ponca Tribe of Nebraska Code § 3-4-2(b), PTN Code § 3-4-2(b)

PTN Code § 3-4-3
Section 3-4-3. Tribal Attorney to Represent the Tribe

The Tribal Attorney shall represent the Tribe in all proceedings brought under this Title.

Ponca Tribe of Nebraska Code § 3-4-3, PTN Code § 3-4-3

PTN Code § 3-4-4
Section 3-4-4. Preliminary Investigation

A preliminary investigation shall be conducted by the Tribal Attorney upon receipt of a written report from the Department of Social Services, law enforcement or another individual or entity, that a child is, or appears to be, within the purview of this Title. The Tribal Attorney shall make a determination based on the reports and investigations of law enforcement and the Department of Social Services of whether further action is warranted. On the basis of the investigation, the Tribal Attorney shall decide whether to pursue an action under this Title.

Ponca Tribe of Nebraska Code § 3-4-4, PTN Code § 3-4-4

PTN Code § 3-4-5
Section 3-4-5. Court Ordered Temporary Custody

The Court may order temporary custody of any child during any scheduled hearing. Without a scheduled hearing, the Court may immediately issue a written temporary custody order in the following instances on the receipt of an affidavit or, on receipt of sworn oral testimony communicated by telephone or other appropriate means:

(1) On application by the Tribal Attorney, regarding an apparent, alleged, or adjudicated abused or neglected child stating good cause to believe as follows:

(a) The child is abandoned or is seriously endangered by his/her environment; or

(b) There exists an imminent danger to the child's life or safety and immediate removal of the child from his/her parents, guardian or custodian appears to be necessary for the protection of the child;

(2) On application by the Tribal Attorney, respecting an alleged or adjudicated child in need of supervision stating reasonable cause pursuant to Chapter 6 to believe as follows:

(a) The child presents a serious danger to himself or there is need for protection of others from the child; or

(b) The child has run away or escaped from the child's parents, guardian or custodian.

Ponca Tribe of Nebraska Code § 3-4-5, PTN Code § 3-4-5

PTN Code § 3-4-6
Section 3-4-6. Temporary Custody Placement

An alleged abused or neglected child placed in custody by the Court under Section 3-4-5 shall be placed in the temporary custody of the Department of Social Services for foster care placement in accordance with the placement preferences set out in Section 3-5-13. An alleged child in need of supervision taken into temporary custody under Section 3-4-5 and not released to the child's parents, guardian or custodian may be placed in foster care, shelter or detention as designated by the Court to be the least restrictive alternative for the child. The Department of Social Services shall promptly notify the Tribal Attorney of the child's placement.

No child may be held in temporary custody longer than forty-eight (48) hours, excluding Saturdays, Sundays, and holidays, unless a petition has been filed and the Court orders longer custody during a scheduled hearing or a telephonic hearing.

The Court may at any time order the release of a child from temporary custody with or without restriction regarding the care and protection of an alleged child in need for supervision at a time, date and place to be determined by the Court.

Ponca Tribe of Nebraska Code § 3-4-6, PTN Code § 3-4-6

PTN Code § 3-4-7
Section 3-4-7. Options of the Court Following Temporary Custody Hearing for Abused or Neglected Child

If the child is an alleged abused or neglected child, after the temporary custody hearing the Court may:

(1) Order the release of the child from temporary custody, either with or without restriction regarding the care or protection of the child; or

(2) Continue the temporary custody under the terms and conditions for duration and placement that the Court requires, including the placement of temporary custody of the child with the Department of Social Services, in foster care or shelter. If temporary custody of the child is continued by the Court, the Court may provide for visitation of the child by the child's parents, guardian or custodian or family members in keeping with the best interests of the child.

If the child is in the temporary custody of the Department of Social Services and has not been adjudicated abused or neglected, the Court shall review the child's temporary custody placement at least once every sixty (60) days. The Court shall determine, on a case-by-case basis, whether a review hearing is needed

Ponca Tribe of Nebraska Code § 3-4-7, PTN Code § 3-4-7

PTN Code § 3-4-8
Section 3-4-8. Release of Child in Need of Supervision Following Temporary Custody Hearing

In the case of an apparent, alleged or adjudicated child in need of supervision, after the temporary custody hearing the Court shall release the child from temporary custody to the child's parents, guardian or custodian, with or without condition or upon written promise of the child's parents, guardian or custodian regarding care or supervision of the child, unless the Court finds that the child should continue to be held in temporary custody for any of the following reasons:

(1) The child has failed to comply with a Court ordered program; or

(2) The child has a demonstrated propensity to run away from his/her home, from Court ordered placement outside of his/her home, or from agencies charged with providing temporary care for the child; or

(3) There are specific, articulated circumstances which justify the detention for the protection of the child from potentially immediate harm to the child's self or to others; or

(4) Any other reason that the Court deems necessary and in the best interest of the child.

Ponca Tribe of Nebraska Code § 3-4-8, PTN Code § 3-4-8

PTN Code § 3-4-9
Section 3-4-9. Confidentiality of Records

The records of law enforcement officers and tribal agencies concerning all children taken into temporary custody or issued a summons under the Chapter shall be maintained separately from the records regarding detention of adult persons. The records of children may not be inspected by or disclosed to the public except:

(1) By order of the Court; or

(2) Any child or his parent, guardian or custodian may authorize the release of records to representatives of the United States military for the purpose of enlistment into military service.

Ponca Tribe of Nebraska Code § 3-4-9, PTN Code § 3-4-9

PTN Code § 3-4-10
Section 3-4-10. Release of Information on Identity of Child Prohibited by Court Order

No fingerprints, photograph, name, address or other information concerning the identity of a child taken into temporary custody may be released or transmitted to the Federal Bureau of Investigation or any other person or agency except in the following circumstances:

(1) To the person or party specifically authorized by order of court;

(2) Information concerning children may be released, pursuant to an order of the Court, to persons or agencies who have a legitimate interest in the child, to the child's parents, guardian or custodian, or to the child's attorney.

Ponca Tribe of Nebraska Code § 3-4-10, PTN Code § 3-4-10

PTN Code § 3-4-11
Section 3-4-11. Rights of Parents, Guardian or Custodian

The Court shall advise the child's parents, guardian or custodian involved in any proceeding under this Title of their constitutional and statutory rights, including their right to be represented by an attorney pursuant to the Indian Civil Rights Act, at the first appearance of the parties before the Court.

Ponca Tribe of Nebraska Code § 3-4-11, PTN Code § 3-4-11

PTN Code § 3-4-12
Section 3-4-12. Conduct of Hearings

Hearings under this Chapter and Chapter 5 and 6 shall be conducted as follows:

(1) Adjudicatory hearings shall be conducted in accordance with the Rules of Civil Procedure under Title 2 of the Ponca Tribe of Nebraska Law and Order Code, except as otherwise provided in this Chapter;

(2) Dispositional hearings and all other hearings shall be tried to the Court and conducted and designed to inform the Court fully of the exact status of the child and to ascertain history, environment and the past and present physical, mental and moral condition of the child and of the child's parents, guardian or custodian;

(3) A verbatim record shall be taken of all hearings, except telephonic hearings; and

(4) All hearings and actions under this Chapter and Chapters 5 and 6 are closed. The Court may, in its discretion, allow extended family members to be present during hearings.

Ponca Tribe of Nebraska Code § 3-4-12, PTN Code § 3-4-12

PTN Code § 3-4-13
Section 3-4-13. Inspection of Court Proceedings

Records of Court proceedings, including reports of the Department of Social Services, records and reports of court services officers, under this Chapter and Chapters 5 and 6 shall be open to inspection by the child's parents, guardians or custodian, and by other respondent parties involved in the proceedings by order of the Court, their attorneys, the child's attorney and by any department or agency having custody of the child. The Court may place appropriate restrictions on such inspections to ensure the confidentiality of records.

Ponca Tribe of Nebraska Code § 3-4-13, PTN Code § 3-4-13

PTN Code § 3-4-14
Section 3-4-14. Witnesses

A parent or guardian shall be entitled to the issuance of compulsory process for the attendance of witnesses on his/her own behalf or on behalf of the child. Upon application to the Court, compulsory process shall be issued for the attendance of witnesses on the behalf of the child.

The name, picture, place of residence or identify of any person appearing as a witness in proceedings under this Chapter or Chapters 5 and 6 may not be published or broadcast in any news media or given any other publicity.

Ponca Tribe of Nebraska Code § 3-4-14, PTN Code § 3-4-14

PTN Code § 3-4-15
Section 3-4-15. Examinations

The Court may require an apparent, alleged or adjudicated abused or neglected child or child in need of supervision to be examined by a physician or qualified mental health professional. Referrals for such examinations will be to the Tribal Health Department. The Court may direct that an examination or evaluation report be submitted to the Court and such report may be considered by the Court at an adjudicatory or dispositional hearing. Unless otherwise ordered by the Court, the Tribal Health Department shall bear the costs of the examination(s).

Ponca Tribe of Nebraska Code § 3-4-15, PTN Code § 3-4-15

 

PTN Code § 3-4-16
Section 3-4-16. Petitions Alleging Abused or Neglected Child and Child in Need of Supervision

The Tribal Attorney, or in the absence of the Tribal Attorney, the Department of Social Services, may file with the Tribal Court Administrator a written petition alleging a child to be an abused or neglected child or a child in need of supervision or a delinquent child, as defined by this Chapter and Chapters 5 and 6.

The petition shall include the following:

(1) The child's name, date of birth and residence;

(2) The names and residences of the child's parents, guardians, or, if not known, of the child's nearest known relative;

(3) A statement of the facts which bring the child within the Court's jurisdiction; and

(4) A request that the Court adjudicate the child to be an abused or neglected child, a child in need of supervision or a delinquent child, according to applicable statutory definition and that appropriate proceedings be conducted regarding adjudication and disposition.

Two (2) or more children having one (1) or more common parent, guardian or custodian and a common home environment may be included in the same petition.

If the petition alleges a child to be an abused or neglected child, the petition shall recite that the action is brought by the Tribe on behalf of the child. Petitions filed regarding an alleged child in need of supervision shall be brought on behalf of the Tribe.

Affidavits of social workers of the Department of Social Services, law enforcement officers or court service officers may be incorporated by reference as part of the petition.

The child's parents, guardian or custodian, as applicable, shall be included as named respondents in the petition.

PTN Code § 3-4-17
Section 3-4-17. Summons/Service of Process

Upon the filing of a petition, the Court or the Tribal Attorney shall issue a summons stating the time, date, and place for the hearing on the petition that is directed to the child's parents, guardian or custodian, if any. If the petition declares the parties are unknown, then to “All Whom it May Concern” shall be sufficient to authorize the Court to hear and determine the action as though the parties had been described by their proper names. The summons shall:

(1) Require the persons named in it to appear, at a stated time, date and place and to respond to the petition and shall advise the persons named that failure to appear is an admission to the allegations contained in the petition;

(2) State that the persons named and the child who is the subject of the petition have the right to an attorney, pursuant to the Indian Civil Rights Act, at all stages in the proceedings;

(3) If the petition alleges the child to be an abused or neglected child, include a statement that termination of parental rights is a possible remedy under the proceedings;

(4) If the petition alleges the child to be a child in need of supervision, require the parents of the party having custody of the child to appear with the child at the time, date and place stated in the summons.

The summons shall be served in the same manner as personal service of summons according to Tribal Rules of Civil Procedure or by publication as provided in this Title not less than thirty (30) days before the date of the hearing on the petition and shall be served as follows:

(1) On the child if the child is an alleged child in need of supervision or is a child who is apparently emancipated or is living independently and not residing with a parent, guardian or custodian; and

(2) On the child's parents, guardian or custodian if the child is an alleged abused or neglected child.

Ponca Tribe of Nebraska Code § 3-4-17, PTN Code § 3-4-17

PTN Code § 3-4-18
Section 3-4-18. Publication of Summons

When a petition or an affidavit of the Tribal Attorney discloses that any person or party to be served with the summons is outside the jurisdiction of the Tribal Court, or upon due diligence cannot be found, or is concealed, or whose mail at the last known address has been returned, or whose location is unknown, or is affected by the designation “All Whom It May Concern” the summons, modified to declare the initials of the child in lieu of the name of the child, shall be published once in a newspaper of general circulation published in the county in which the child or the parents reside or in another newspaper designated by the Court as most likely to give notice to the party to be served. Publication of the summons shall be made not less than thirty (30) days before the date of the hearing on the petition. Notice given by the publication is the only required notice to the concerned parties to be served who are described in this Section.

Ponca Tribe of Nebraska Code § 3-4-18, PTN Code § 3-4-18

PTN Code § 3-4-19
Section 3-4-19. Warrants Issued Against Parents, Guardian or Custodian

If the summons is not served on the child's parents, guardian or custodian, or if any party fails to obey the summons, or if it is made apparent to the Court by affidavit of the Tribal Attorney, which may be on information and belief, that a summons will be ineffective to secure the required presence of the child, a warrant may be issued by the Court against the parents, guardian or custodian of the child requiring that the party or the party and the child be brought before the Court. If the Court requires the presence of any child, a warrant may be issued by the Court against the child directing the child to appear before the Court.

When a warrant is issued, a law enforcement officer shall take the child into custody and bring the child before the Court. In lieu of taking custody of the child, the Court or any officer processing the warrant may accept the verbal or written promise of the child's parents, guardian or custodian served with summons to be personally responsible for bringing the child before the Court as required by the summons or the warrant.

Ponca Tribe of Nebraska Code § 3-4-19, PTN Code § 3-4-19

PTN Code § 3-4-20
Section 3-4-20. Appearance and Answer/Failure as Default

Every person or party to whom notice is given by summons and all other interested parties affected by the designation “All Whom It May Concern” may appear, either in person or by attorney, pursuant to summons, and answer, either in writing or orally in open court, in response to the petition. If any party fails to appear pursuant to summons or fails to answer or appear pursuant to summons or fails to answer or otherwise respond to the petition, the party shall be deemed by the Court to be in default and the petition shall be taken as admitted to by the party.

Ponca Tribe of Nebraska Code § 3-4-20, PTN Code § 3-4-20

PTN Code § 3-4-21
Section 3-4-21. Initial Appearance/Advisory Hearing

Upon the initial appearance of the parties pursuant to summons or at any adjournment or continuance on an appearance, the Court shall conduct an advisory hearing before the adjudicatory hearing on the petition as follows:

(1) The Court shall first:

(a) Ascertain the need for any joinder or deletion of parties, determine true names and addresses of parties and their relationship to the child, and determine the true name, date and place of birth, address and custodial status of the child;

(b) Advise the parties of the nature of the proceedings, the allegations contained in the petition, the burden of proof of the Tribe, and constitutional and statutory rights of the parties; and

(c) Advise the parties of their right to be represented by an attorney at their own cost; and

(2) The Court shall then receive the answer, response, denial or admission of the parties and the child as follows:

(a) If the petition alleges the child to be abused or neglected, the parents, guardian or custodian of the child may admit the allegations contained in the petition and the Court may accept the admissions if the Court is satisfied there is a factual basis for them;

(b) If the petition alleges the child to be in need of supervision, the parents, guardian or custodian of the child and the child may admit the allegations contained in the petition and the Court may accept the admission if the Court is satisfied there is a factual basis for them.

Ponca Tribe of Nebraska Code § 3-4-21, PTN Code § 3-4-21

PTN Code § 3-4-22
Section 3-4-22. Petitions Admitted to By All Parties

When all parties admit the allegations contained in the petition and the Court accepts the admission, the Court may find, conclude and make a decision as to adjudication of the child under the applicable provisions of Chapters 5 and 6. The Court may then proceed with the dispositional phase of the proceedings without conducting a formal adjudicatory hearing on the petition. The Court shall set a later time and date for the dispositional hearing. The Court shall then determine interim dispositional arrangements concerning the child and the parties.

If the petition is not admitted by all parties, including the child, if appropriate, or if the petition is denied by any necessary party or the child, if appropriate, the Court shall proceed with the adjudicatory hearing on the petition or schedule the adjudicatory hearing for a later time and date.

If the advisory hearing is adjourned and continued to a later date or if the advisory hearing is completed and the adjudicatory hearing on the petition is scheduled for a later time and date, the Court shall make an interim order regarding temporary custody of the child.

Ponca Tribe of Nebraska Code § 3-4-22, PTN Code § 3-4-22

PTN Code § 3-4-23
Section 3-4-23. Adjudicatory Hearing

Following an advisory hearing on a petition, the Court shall conduct an adjudicatory hearing. The Court shall consider whether the allegations of the petition are supported by clear and convincing evidence concerning an alleged abused or neglected child or whether the allegations of the petition are supported by evidence beyond a reasonable doubt concerning an alleged child in need of supervision. In cases concerning abused or neglected children, evidence that child abuse has occurred is prima facie evidence that the child is an abused or neglected child regardless of allegations contained in the petition, and such evidence is sufficient to support an adjudication of the child as an abused or neglected child.

Written reports and other material and information relating to the child's mental, physical and social history may be received and considered by the Court at the hearing together with other evidence relating to allegations of the petition or circumstances then affecting the child. If requested by the child or the child's parents, guardian or custodian or other interested party appearing as a respondent in the action, the Court shall require the party who prepared the reports or material to appear as a witness and be subject to both direct and cross-examination. In the absence of a request regarding the appearance of the party, the Court shall require the party preparing reports or material to appear and testify if the Court finds that interests of the child or the child's parents, guardian or custodian or any other respondent to the proceedings so require.

Ponca Tribe of Nebraska Code § 3-4-23, PTN Code § 3-4-23

PTN Code § 3-4-24
Section 3-4-24. Final Order Where All Allegations Not Supported by Evidence

If the Court finds that the allegations of a petition are not supported by clear and convincing evidence in cases concerning an alleged abused or neglected child or are not supported by evidence beyond a reasonable doubt in cases concerning alleged children in need of supervision, the Court shall enter a final order accordingly and the action shall be terminated. In the case of an alleged abused or neglected child, the Court shall enter findings and conclusions in addition to the final order. On termination of the action, the child, the child's parents, guardian or custodian and other respondent parties shall be released from any restriction or temporary order previously issued by the Court and from the jurisdiction of the Court. The final order terminating the action is a final order for purposes of appeal by the Tribe or by an alleged abused or neglected child or any party respondent not in agreement with the non-adjudication of the alleged abused or neglected child and resulting termination of the action.

Ponca Tribe of Nebraska Code § 3-4-24, PTN Code § 3-4-24

PTN Code § 3-4-25
Section 3-4-25. Order of Adjudication Where Allegations Supported by the Evidence

If the Court finds the allegations of the petition are supported by clear and convincing evidence in cases concerning an alleged abused or neglected child or are supported by evidence beyond a reasonable doubt in cases concerning an alleged child in need of supervision, the Court shall adjudicate the child accordingly and shall issue findings of fact, conclusions of law and an order of adjudication stating the child to be an abused or neglected child, or a child in need of supervision. The order of adjudication is a final order and is subject to appeal according to the tribal rules governing civil appeals.

The Court shall proceed with the dispositional phase of the proceedings and shall issue an order setting the time, date and place of the dispositional hearing and prescribing notice of the hearing.

The Court shall issue an interim dispositional decree governing custody, placement, care, shelter or detention of the child pending the dispositional hearing.

Ponca Tribe of Nebraska Code § 3-4-25, PTN Code § 3-4-25

PTN Code § 3-4-26
Section 3-4-26. Exams, Reports, and Investigations of Adjudicated Child Before Final Disposition

After adjudication of a child as an abused or neglected child, or a child in need of supervision and before the final disposition of the case, the Court may require the following examinations and investigations and reports of them:

(1) The Court may order the child's parents, guardian, custodian or relative of the child who might be considered as a potential caretaker of the child on disposition to submit to psychological, psychiatric or mental examination and evaluation by a qualified mental health professional or physicians and submit the report to the Court. The order may be issued by the Court on motion of the Tribe, the child, any interested party, or on the Court's own motion. The order directing the examination and evaluation shall state the time, place, manner, conditions and scope of the examination and evaluation to be made and the person or persons by whom it is to be made.

(2) The Court may order homestudy investigations and reports of the investigations concerning the child's parents, guardian, custodian, any other party respondent or a relative of the child who may be a potential caretaker of the child on disposition. The order for a homestudy investigation and a report of the investigation shall state the conditions and scope of the investigation. Reports received by the Court pursuant to this section may be released by the Court to attorneys of record for the parties and may be received by the Court as evidence in the dispositional phase of the proceedings.

Ponca Tribe of Nebraska Code § 3-4-26, PTN Code § 3-4-26

PTN Code § 3-4-27
Section 3-4-27. Continuance

At any time after filing of the petition and before final disposition of the case, the Court may continue the case where the circumstances of the case require the need for continuance. The Court shall issue an order to continue custody of any child for up to but no longer than three (3) months.

Ponca Tribe of Nebraska Code § 3-4-27, PTN Code § 3-4-27

PTN Code § 3-4-28
Section 3-4-28. Dispositional Hearing/Final Decree

After adjudication, the Court shall conduct dispositional hearings in accordance with Chapters 5 and 6, and consider evidence regarding proper disposition of the child according to the least restrictive alternative and commensurate with the best interests of the child with due regard to the rights and interests of the child's parents, guardians, custodians, other party respondents, and the Tribe. Dispositional evidence may include social study reports, mental and medical examinations and evaluation reports, homestudy investigation report and any other evidence related to appropriate disposition of the child.

The Court shall issue findings of fact, conclusions of law and a final decree of disposition. The decree shall be the final order of the Court for the purpose of an appeal by any party according to the rules governing civil appeals.

Notice of entry of an order of adjudication or final decree of disposition in any case shall be served on the parties to the action.

Ponca Tribe of Nebraska Code § 3-4-28, PTN Code § 3-4-28

PTN Code § 3-4-29
Section 3-4-29. Order of Decree of Guardianship of Child

Any child adjudicated to be an abused or neglected child, or child in need of supervision, and awarded by the Court to a guardian or institution, shall be held by the guardian or institution by virtue of the order or decree entered of record in the case. The Court may consult with the abused or neglected child, in an age-appropriate manner, regarding his or her permanency planning. The Court shall order a decree as proof of the authority of the guardian or institution over the child.

Ponca Tribe of Nebraska Code § 3-4-29, PTN Code § 3-4-29

PTN Code § 3-4-30
Section 3-4-30. Orders for Support

Upon adjudication and removal of the child from the custody of the child's parents, guardian or custodian, the Court may order the child's parent, guardian or custodian to contribute to the financial support of the child where it appears the child's parents, guardian or custodian is financially able to do so.

Ponca Tribe of Nebraska Code § 3-4-30, PTN Code § 3-4-30

PTN Code § 3-4-31
Section 3-4-31. Guardianship of the Estate of the Child

Unless otherwise specifically ordered by the Court in its order or decree, nothing in this Chapter or any other Chapter of this Title gives the guardianship of the estate of the child to any guardian appointed, or changes the age of minority of a child for any purpose unless the child is a person under age twenty-one (21) years who is under the continuing jurisdiction of the Court. The Court may appoint a guardian of the estate of the child who is under the age of eighteen (18) years if the child is within the jurisdiction of the Court and the Court specifically finds that appointment of a guardian of the estate is necessary and appropriate under the circumstances and is in the best interests of the child.

Ponca Tribe of Nebraska Code § 3-4-31, PTN Code § 3-4-31

PTN Code § 3-4-32
Section 3-4-32. Period of Continuation of Guardianship/Application for New Guardian, Restoration to Parents or Discharge of Guardianship

Guardianship of the person or of the estate of the child shall continue until the Court orders otherwise, but not after the child has attained the age of majority. The child or representative of the child, or any interested party may from time to time, upon a proper showing, apply to the Court for the appointment of a new guardian, for restoration of the child to the custody of the child's parents, if parental rights have not been terminated, or for the discharge of the guardian appointed by the Court at the final disposition of the child.

Ponca Tribe of Nebraska Code § 3-4-32, PTN Code § 3-4-32

PTN Code § 3-4-33
Section 3-4-33. Orders for Protection

The Court may enter an order of protection in addition to, or as condition of, any decree of disposition authorized by this Chapter. The order of protection shall set forth reasonable conditions of behavior to be observed for a specified period by any person who is a party to such proceedings.

The order of protection may require any person or party:

(1) To stay away from the child or the child's home;

(2) To permit a parent or other person to visit a child at stated periods and places, with or without supervision;

(3) To abstain from offensive conduct against a child or the child's parents, guardian, custodian or other person having custody or temporary care of the child;

(4) To give proper care and maintenance of the child's home;

(5) To refrain from any acts that tend to make a home an improper place for a child;

(6) To cooperate with and participate in any physical or mental examination and evaluation, counseling, treatment, therapy or childcare or parenting classes considered necessary by the court for the benefit of the child.

After notice and a hearing is given to any person or party subject to an order for protection, the order may be terminated, modified or extended for a specified period of time if the Court finds it in the best interests of the child.

Ponca Tribe of Nebraska Code § 3-4-33, PTN Code § 3-4-33

PTN Code § 3-4-34
Section 3-4-34. Modification or Setting Aside Order or Decree

The Court may modify or set aside any order or degree. Modification of a prior order or decree shall not be made without a hearing under either of the following circumstances:

(1) Upon violation of the terms of probation governing a child in need of supervision; or

(2) The effect of modifying or setting aside the order or decree would be to deprive a parent of custody of the child or make a change in custody.

Ponca Tribe of Nebraska Code § 3-4-34, PTN Code § 3-4-34

PTN Code § 3-4-35
Section 3-4-35. Petition for Modification or Termination of Custody Decree

After placement of custody of a child by the Court with an individual, institution or agency, a parent whose parental rights have not been terminated, or a former guardian or custodian of the child may petition the Court for restoration of custody or other modification or termination of the prior custodial order or decree on the grounds that a change of circumstance has occurred which requires the modification or termination in the best interests of the child and the Tribe.

Ponca Tribe of Nebraska Code § 3-4-35, PTN Code § 3-4-35

PTN Code § 3-4-36
Section 3-4-36. Petition for New Hearing on Grounds of New Evidence

A child and/or a representative of the child or a child's parents, guardian or custodian may petition the Court for a new hearing, related to adjudication or disposition, on the ground of newly discovered evidence which was not known and could not, with due diligence, have been available at the original adjudicatory or dispositional hearing. A hearing on the petition shall be conducted and, upon a finding by the Court that new evidence exists which might affect the original order or decree, the Court shall order a new hearing, limited to consideration of newly discovered evidence, and shall proceed with a revised determination of the case as warranted by the evidence. In all cases, the decision to hold a new hearing shall be discretionary with the Court.

Ponca Tribe of Nebraska Code § 3-4-36, PTN Code § 3-4-36

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map