12.40.180 Jurisdiction hearings.
(a) Timing. The jurisdiction hearing shall be held no later than 30 days following conclusion of the emergency custody/detention hearing but may be held in conjunction with the emergency custody hearing.
(b) Purpose. The purpose of the jurisdiction hearing is for the Court to reassess whether continuing court involvement is necessary to protect the wellbeing of the child, and to determine whether continuation in the home is contrary to the welfare of the child and whether active efforts have been made to prevent the child’s removal from the home and to safely reunify the family.
(c) Findings.
(1) The Court shall find the allegations of the petition to be true or dismiss the petition, unless the hearing shall be continued to a date certain to allow for the presentation of further evidence.
(2) Jurisdictional matters of the age and residence of the child shall be deemed admitted by or on behalf of the child, unless specifically denied prior to the jurisdiction hearing.
(3) When it appears that the evidence presented at the hearing discloses facts not alleged in the petition, the Court may proceed immediately to consider such additional or different matters raised by the evidence.
(4) In such event, the Court, on the motion of an interested party or on its own motion, shall order the petition to be amended to conform to the evidence. If the amendment results in a substantial departure from the original allegations in the petition, the court shall continue the hearing on the motion of any interested party, or on its own motion, if it finds such continuance to be in the best interests of the child or any other party to the proceedings materially prejudiced by the change in allegations.
(5) The burden of proof lies with the petitioner (the person filing the petition). The petitioner must prove that the allegations raised in the petition are more likely true than not, that is, by a preponderance of the evidence, and that the best interests of the child and the child’s Tribe will be served by continued court intervention.
(6) After making the necessary findings but before judicial ruling/determination on the petition, the Tribal Court may continue the hearing from time to time, allowing the child to remain in his or her own home or in the temporary custody of another person or agency, subject to such conditions of conduct and of visitation or supervision by YSS as the Tribal Court may order, if
(A) Consent is given by the child and his or her parent/guardian/caretaker or other legal custodian after being fully informed by the court of their rights in the proceedings, including their right to have a determination made either dismissing or sustaining the petition; and
(B) Such continuation shall extend no longer than three months without review by the court. Upon review the court may continue the case for an additional period not to exceed six months, after which the petition shall either be dismissed or sustained. [Ord. 46A § 1702, adopted, 3/24/2016.]