53.06.050 Status Review Hearings

(a) The Tribal Court shall conduct a Status Review Hearing of the Respondent's case at least every ninety (90) days.

(b) The Tribal Court shall cause the notice of hearing to be served personally on the Respondent at least fourteen (14) days prior to the Status Review Hearing. Counsel for the Respondent and any guardian may be served by mail, facsimile, or email.

(c) The Respondent shall have the right:

(1) To be present at any hearing;

(2) To be represented by counsel;

(3) To call and cross-examine witnesses;

(4) To petition the court for release;

(5) To request an independent evaluation.

(d) The Respondent shall be present at the Status Review Hearing by either telephone, or in person.

(e) The Tribal Court shall require a report from the treatment facility, as well as an Examiner on the status of the Respondent and the need for continuing treatment.

(f) If, at the conclusion of the Status Review Hearing, the Court does not find that there is probable cause to believe that the Respondent is an individual requiring treatment, the Respondent must be immediately discharged.

(g) If, at the conclusion of the Status Review Hearing, the Court finds that there is probable cause to believe that the Respondent is an individual requiring treatment, the Court may order additional treatment for up to ninety (90) days. The Court must order the least restrictive treatment available to ensure the continued well-being of the Respondent and others placed at risk by the Respondent's condition.

(h) If a qualified mental health professional at the facility at which the Respondent is committed determines that the Respondent no longer requires commitment to the facility before the end of the ordered period, he or she must notify the Court and request review of the Respondent's case.