12.40.200 Status review hearings.
(a) Timing. The status of all children shall be reviewed by the Tribal Court at least every 90 days at a hearing to determine whether court supervision shall continue. In no event shall the first status review hearing for a child placed in foster care or another out of home arrangement be made more than six months after the date the child is considered to have entered foster care. The date that the child enters foster care shall be the earlier of the first judicial finding of child abuse or neglect (the jurisdiction finding) or 60 days after the child is physically removed from the home of the parent(s), guardian(s), or caretaker(s).
(b) Purpose and Findings.
(1) A child shall be returned home at the status review hearing unless the Tribal Court finds that a reason for removal as set forth above in this children’s code still exists. The Court may, however, due to unresolved problems in the home, continue court intervention, services and supervision as appropriate.
(A) If appropriate, the Court may refer the matter to the Tribe’s peacemaker mediation forum or for family unity conferencing.
(B) At the status review hearing, the court will determine:
(i) The safety of the child, the continuing need for and appropriateness of the child’s placement;
(ii) The extent of compliance by all parties with the case plan;
(iii) The extent of progress the parent has made toward alleviating or mitigating the causes necessitating the placement and whether sufficient progress is being made to consider return home in the near future;
(iv) Consider whether the services provided to the family have been appropriate, accessible and provided in a timely manner;
(v) Whether YSS can reasonably provide additional services which will facilitate the return of the child to parental care;
(vi) Assess YSS’s concurrent case planning and efforts to effect an alternative permanent plan in the event there is insufficient progress to restore custody;
(vii) Whether active efforts have been made by the YSS to alleviate the need for removal and/or whatever steps are necessary to finalize a permanent placement for the child;
(viii) Project a likely date when the child will be returned and safely maintained at home or when an alternative permanent plan will be put into effect;
(ix) If the child is placed out of state, whether the out-of-state placement continues to be appropriate and in the best interest of the child; and
(x) In the case of a child who has attained age 16, the services needed to assist the child to make the transition from foster care to independent living.
(C) If the Court finds that the child should not be returned home, the Court shall make the following findings:
(i) The child’s out of home placement continues to be necessary and appropriate;
(ii) Clear and convincing evidence shows that YSS has complied with the case plan by making active efforts to make it possible for the child to safely return home and to complete whatever steps are necessary to finalize a permanent placement for the child;
(iii) The extent of progress which has been made by the parent toward alleviating or mitigating the causes necessitating placement has been (1) minimal; (2) moderate; or (3) substantial; and family reunification services should be continued or terminated. This finding may result in differing levels of progress for each parent.
(iv) The likely date by which the child may be returned to and safely maintained in the home or placed for adoption, appointed a legal guardian, placed permanently with a relative or placed in another planned, permanent living arrangement. [Ord. 46A § 1704, adopted, 3/24/2016.]