Tribe: Absentee-Shawnee Tribe of Indians of Oklahoma
§533. Dispositional Hearing
After making an order of adjudication, finding the child to be a ward of the Court, the Court
shall hear evidence on the question of the proper disposition best serving the interests of the child
and the Tribe at a hearing scheduled for that purpose.
§534. Social Studies and Reports
(a) The Court may order any agency within its jurisdiction and/or request any other agency
to prepare and submit to the Court at any point in the proceedings a social study, home
study, family or medical history or other reports which may be helpful in determining
proper treatment and disposition for the family.
(b) Such reports shall be filed with the Court and a copy delivered to the parties or their
attorney at the earliest opportunity.
§535. Case Plan/Service Plan
(a) In every case the Court shall order Indian Child Welfare to prepare a detailed case plan
for the treatment and disposition of the problems identified in the adjudication.
(b) The case plan shall contain:
(1) A brief social and family history.
(2) A brief statement of the causes of the Court exercising its jurisdiction.
(3) Identification of the specific services to be provided to the child to remediate or
alleviate the conditions that led to the adjudication, including but not limited to
educational, medical, drug or alcohol abuse treatment, or counseling or other
treatment services.
(4) Identification of the services to be provided to the parent, legal guardian,
custodian, stepparent, other adult person living in the home or other family
members, to remediate or alleviate the conditions that led to the adjudication,
including services needed to assist the family to provide proper care and
supervision of the child. If the child is placed outside the home, the service plan
shall include the services to be provided during and after any such placement.
(5) If the child is placed outside the home the service plan shall state the reasons for
such placement and a statement as to the unavailability or in appropriateness of
local placement, or other good cause, for any placement more than forty (40)
miles from the home of the child.
(6) If the child is placed outside the home the service plan shall state the services to
be provided to the child while in such placement and the projected date of
discharge.
(7) If the child is placed outside the home the service plan shall state the services
necessary to assist the child to reintegrate with the child’s family or other
community-based placement.
(8) If the child is placed outside the home the service plan shall state, if the child is
age sixteen (16) or older, the services necessary to make the transition from
community placement to independent living.
(9) What the performance criteria will measure to insure progress for the child and
family toward completion of the plan.
(10) A projected date for completion of the service plan.
(c) The case plan shall be filed with the Court and a copy delivered to the parties or their
attorney at the earliest opportunity.
(1) The case plan must contain reasonable goals that can be accomplished. Innovative
plans shall be utilized in order to gain a higher prospective degree of success.
§536. Medical Examination
The Court may have the child examined by a physician, psychiatrist, or psychologist, and
the Court may place the child in a hospital or other suitable facility for this purpose.
§537. Hearing Purpose
The purpose of the dispositional hearing is for the Court to determine the treatment which
should be ordered to attempt to correct the problems which led to the adjudication, and to
provide for the health, welfare, and safety of the child during the treatment period or, if treatment
cannot or does not correct the problems after actual attempts have been made to do so, to provide
for the long term health, welfare, and safety of the child.
§538. Hearing Informal
The dispositional hearing shall be informal and the general rules of procedure and evidence
shall not apply so that all pertinent information may be considered in determining treatment and
disposition. However, when feasible, the Court shall order the writer of any report or study to
appear and answer questions regarding that report if it be challenged by any party.