A. The name, marital status, and residence of the parent, guardian, or custodian, or person
with whom the juvenile is residing, so far as is known to the petitioner.
B. If not known, the petition shall so state.
(c) The basis of the Court's jurisdiction.
(d) An allegation that the youth is an Indian youth in need of care, and a plain statement of facts
supporting this allegation;
(e) A statement of any relief requested, including termination of any parental or custodial rights or
appointment of a substitute custodian.
6-3.08 Indian Child Welfare Advocate. Upon the filing of a petition, the clerk of the Tribal Court shall
immediately notify the Indian Child Welfare Advocate and the Indian Child Welfare Committee Chairperson.
(a) The Indian Child Welfare Advocate will be the advocate who will represent the alleged youth in
need in the proceedings upon the petition.
(b) If there is no Indian Child Welfare Advocate, the Court shall appoint one and provide him or her
with a copy of the petition and access to other materials involving the child.
6-3.09 Notice. Written notice of any hearing, except an emergency hearing, held under this section shall be
given at least 5 days prior to hearing date, to all parents and legal custodians of the child and to other
persons as the Court may direct.
(a) A copy of the petition shall also be provided to such parties with the notice of the hearing.
(b) Service of such notice and petition shall be by personal service if the whereabouts of the parents
are known, otherwise, service shall be as ordered by the Court.
6-3.10 Intervention. Intervention will be allowed at any point in the proceeding by the Indian custodian or
parent of the child and/or the child's Tribe.
6-3.11 Initial Hearing. Within 14 days, or as soon as possible, after the filing of the petition, there shall be
an initial hearing.
(a) The general public shall be excluded from the hearings under this section and only such persons
who are found by the Court to have a direct interest in the case or the work of the Court shall
be admitted to the proceedings.
(b) Where applicable, the Court shall follow the traditions and customs of the child's Tribe regarding
involvement of interested persons.
(c) At the time of the hearing, the parents or custodians of the youth shall be advised of:
(1) The nature of the charges;
(2) The factual allegations;
(3) The present custodial situation;
(4) The relief requested by the Reservation social service worker.
(d) The parent or custodian will be allowed to admit or deny the allegations in the petition.
(e) Unless the allegations are admitted, the Tribal Advocate shall have the burden of proving, by
clear and convincing evidence, that the child is a youth in need of care. If temporary custody is
requested, the Tribe shall have the burden of proving, by clear and convincing evidence, that
such relief is necessary for the protection of the child.
(f) Upon the conclusion of the hearing the Court shall issue a temporary order, including a
statement concerning the following:
(1) Its jurisdiction over the case;
(2) Whether it has been proven by clear and convincing evidence that the child is a youth in
need of care. If the Court does not so find, the petition shall be dismissed;
(3) If temporary custody is requested, whether it has been proven by clear and convincing
evidence that such temporary custody is necessary for the protection of the child;
(4) The date of the final disposition hearing upon the petition to determine the custody or
placement of the child. Such hearing may be no later than 6 months after the initial hearing
date.
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Revised Spokane Law & Order Code, 5/14/2013