Tribe: Mashantucket Pequot Indian Tribe
§ 5. Hearing
The purpose of the hearing is to determine whether or not court intervention
and Protective Supervision are necessary to protect the best interests of the
Child.
a. The hearing proceedings shall be on the record, but shall be closed to the
general public. The Mashantucket Pequot Rules of Evidence and Civil Procedure
shall not apply. Specifically,
(1) Any privilege against the disclosure of communications between spouses
shall not apply and either party may testify as to any relevant matter.
(2) Evidence that the Child has been neglected or abused or has sustained a
non-accidental injury shall constitute prima facie evidence that shall be
sufficient to support an adjudication that such Child is in need of Protective
Supervision.
b. The Child shall be represented by a Guardian Ad Litem (“GAL”) appointed by
the family court to speak on behalf of the best interests of the Child. The
GAL shall be knowledgeable about the protective, social, and medical needs of
the Child and the Child’s family. The GAL’s fee shall be paid by the parents
or guardian/custodian, or if such they are unable to pay, by the court, which
may seek reimbursement according to tribal law.
c. Whenever any party intends to call the Child as a witness, it shall notify
the court no later than five days before the hearing, unless good cause is shown for short notice to the court. Upon receipt of the notice, the court may
direct the Child to be evaluated by an Expert Witness to determine whether
testifying in person would cause trauma to the Child.
(1) The Child may be allowed to testify if such testimony will not cause
serious emotional or psychological harm to the Child.
(2) If the court determines that such testimony, if given in person, may cause
serious emotional or psychological harm to the Child, the Child may testify by
means of a videotape deposition or other appropriate method. If the court
allows these methods to be utilized, the court shall specifically set out the
reasons for this determination on the record.
c. The court shall hear testimony from the parties and make specific findings
as to whether or not the allegations of the petition are supported by the
evidence and whether or not the best interests of the Child will be served by
court intervention, Protective Supervision, or by removal from her home.
(1) Whenever removal and foster care placement of a Child is recommended, the
court must be satisfied that active efforts have been made to provide remedial
and rehabilitation services designed to prevent the breakup of the family and
that these efforts have proved unsuccessful.
(2) Whenever it appears from the allegations of the petition, supported by a
preponderance of the evidence, including the testimony of a qualified Expert
Witness and, if available, the testimony of the parents or guardian/custodian,
that the Child’s condition or the circumstances surrounding her care require
that her custody be assumed to safeguard her welfare, the court shall vest in
CPS or a qualified person the Child’s temporary care and custody.