Tribe: Crow Tribe of Montana
9-3-111. Initial Hearing.
(1) Within ten (10) days of the filing of the petition, an initial hearing shall be conducted
unless another time has been set for/good cause. All hearings under this Section shall be in closed Court, including
only officers of the Court, the child, parents, custodians, social services person net, and such other persons who, in
the discretion of the Court, may aid in the proceedings or have sufficient interest in the case. Upon the request of a
parent, custodian, or the child, the hearing may be open to the public if the Court determines that the benefit of
public hearing outweighs the right of privacy of the parties involved in the proceedings.
(a) The parents or custodians of the child shall be advised of:
(I) The nature of the charges;
(ii) The factual allegations therefor;
(iii) The present custodial situation;
(iv) The relief requested by Tribal Social Services;
(v) The right to be represented by legal counsel at their own expense and the right to request a Tribal Advocate
appointed at the Tribe’s expense if the parent or custodian cannot afford representation and if an advocate is
available;
(vi) The right to request an informal adjustment conference. If an informal adjustment conference is requested and
consented to in accordance with Subsection 9-3-112 of this part, the Court may suspend further proceeding pending
the conference and diversion period.
(b) The parent or custodian will be allowed to admit or deny the allegations in the petition.
(c) Unless the allegations are admitted, the Tribal Social Services Advocate shall have the burden of proving by a
preponderance of evidence that the child is a Youth in Need of Care if permanent or long-term custody and care is
petitioned for. However, the Tribal Social Services Advocate may request further time with which to prepare its case following a denial of the allegations in the petition, and the Court may continue the proceedings for such time as the
Court determines necessary for further investigation and preparation by the Tribal Social Services.
(2) If temporary custody is requested, the Tribal Social Services Advocate shall have the burden of proving, by clear
and convincing evidence, that such relief is necessary for the protection of the child.
(3) Upon the conclusion of the hearing, .the Court shall issue a temporary order, including the following:
(a) Its jurisdiction over the case;
(b) Whether it has been proven that the child is a Youth in Need of Care. If the Court does not so find, the petition
be dismissed..
(c} If temporary custody is requested, whether such is necessary for the protection of the child. If the Court does not
so find, the custody of the child shall remain with or be returned to the parent or custodian.
{d) The date of the dispositional hearing upon the petition. The dispositional hearing shall determine the further
custody or placement of the child, and such hearing shall be set no later than ninety (90) days after initial hearing.
(4) In addition, the Order may direct:
(a) That notice of the proceedings be given to additional interested parties;
(b) That the child, parents, or custodians undergo medical or psychological examinations and that reports be
submitted to the Court;
(c) That further investigation be conducted by Tribal Social Services or other agencies;
( d) That the family or the child participate in such counseling, advice, or other program as the Court may deem
beneficial; and
(e) That such other actions consistent with the purposes of this Code be taken.
(5) The initial hearing shall be held in two (2) parts: The adjudicatory hearing and the temporary disposition hearing.
Such hearings shall be conducted according to the Rules of Civil Procedure and the Rules of Evidence of the Tribal
Court, and consistent with all due process and other rights afforded the parties by the Indian Civil Rights Act. The
burden of proof on all matters shall be upon Tribal Social Services. The adjudicatory hearing shall be conducted
solely to determine whether the Tribal child is a Youth in Need of Care. For good cause, the adjudicatory hearing
and the temporary dispositional hearing may be bifurcated and held in two (2) proceedings. Either the adjudicatory
hearing phase of the proceedings may be transferred to another Court of competent jurisdiction for proceedings and
determinations consistent with this Code.