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(a) Timing. The Tribal Court shall hear evidence regarding the proper disposition best serving the interests of the child and his or her Tribe. The disposition hearing may be held in conjunction with the jurisdiction hearing if that is in the best interest of the child and the parties.

(b) Evidence. The evidence shall include, but not necessarily be limited to, the social study and other reports, and such other oral and documentary facts as the parties may present.

(c) Findings and Orders.

(1) The Tribal Court shall determine:

(A) The appropriate disposition of the case and long-term plan for the child;

(B) Whether the proposed case plan reasonably addresses the problems and needs of the child and the parents, including whether or not the placement recommendation of the case plan is appropriate.

(2) The Court may find that out-of-home placement is not needed to protect the child, but may continue court intervention and supervision due to unresolved problems in the home.

(3) The Court may find that the child shall remain out of the home. The grounds for continued removal are those found in YTC 12.40.040. Any finding that the child shall remain out of the home shall be made by clear and convincing evidence. Should the Court find that the child shall remain out of the home, the Court must also find that:

(A) Continuance in the home is contrary to the child’s welfare;

(B) Temporary placement and care of the child is vested with YSS department; and

(C) Active efforts have been made to prevent removal of the child, or to return the child after the emergency removal, but said efforts have not been successful.

(D) The court shall project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption, legal guardianship, placed with a fit and willing relative, or in another planned permanent living arrangement and if the child is over 16 years of age, in another planned living arrangement,

(4) The Court may find that out-of-home placement is necessary, but with the performance of specified actions by the parent/guardian/caretaker, the child may be returned absent good cause to the contrary. The order of the Court shall specify actions, and the time frames for such actions, that the parent/ guardian/caretaker must accomplish before the child is returned. The order shall also specify the responsibilities of any support agency or personnel to be involved. The Tribal Court may order a trial home visit. The Court order must explicitly delineate the length and other parameters of the home visit.

(5) The Court may find that out-of-home placement continues to be necessary and further that the child shall not be returned to the home, absent further order of the Court. The Court shall specify what steps the parent/guardian/caretaker shall take to demonstrate their abilities to care for their child, and specify what factors the court will consider at a subsequent hearing to determine whether or not the child should be returned home.

(6) When the child is 16 years of age or older and in a planned permanent living arrangement other than return home, adoption, legal guardianship, or placement with a fit and willing relative, the Court shall do all of the following:

(A) Ask the child about his or her desired permanency outcome.

(B) Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the child.

(C) State for the record the compelling reason or reasons why it continues not to be in the best interest of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a fit and willing relative.

(7) In addition to the placement disposition alternatives, the Court may order the child, parent/guardian/caretaker to attend any of the following if the Court determines they are related to the circumstances which cause the child to come to the attention of the court, and if they are likely to promote the best interests of the child and his or her Tribe and the reunification of the child with his or her family.

(A) Parenting education classes;

(B) Alcohol or substance abuse treatment;

(C) Wellness court services;

(D) Anger abatement classes;

(E) Counseling for victims or perpetrators of domestic violence; or

(F) Any other services that the Court determines may be useful in aiding family reunification.

(8) The Court may continue the disposition hearing on its own motion or on the motion of any interested party, for a reasonable period to receive reports or for good cause. If the hearing is continued, the court shall make an appropriate order for care of the child during the continuance.

(9) In scheduling investigations and hearings, the court shall give priority to proceedings concerning children who have been removed from their homes before an order of disposition has been made. [Ord. 46A § 1703, adopted, 3/24/2016.]