Tribe: Mississippi Band of Choctaw Indians
§11-4-13 Disposition; Electronic Hearing. (1) The Youth Court shall hear evidence and other relevant information as to proper disposition and a
description of all reasonable and appropriate alternatives available. CFS shall make a dispositional
recommendation as follows: (a) a case plan for the parent(s)/guardian(s)/custodian(s) calculated to resolve the problems
presented in the Complaint; (b) an explanation showing the necessity for the proposed case plan and the benefits to the
minor(s) and parent(s)/guardian(s)/custodian(s); and (c) the
available
resources and alternatives and goals recommended for the
parent(s)/guardian(s)/custodian(s) to achieve reunification of the family. (2) The Youth Court may make any of the following dispositions as to placement and custody which are
listed by priority: (a) permit the minor(s) to remain with his parents, guardians or custodians, subject to such
limitations and conditions as the court may prescribe; (b) place the minor(s) with a relative within the boundaries of the Choctaw Indian Reservation
subject to such limitations and conditions as the court may prescribe; (c) place the minor(s) in an approved foster home within the boundaries of the Choctaw Indian
Reservation subject to such limitations and conditions as the court may prescribe; (d) place the minor(s) in shelter care facilities designated by the Court; (e) place the minor(s) in a foster home or relative’s home outside of the external boundaries of
the Choctaw Indian Reservation, subject to such limitations and conditions as the Court may
prescribe; or (f) accept recommendations that termination proceedings be initiated. (3) Pursuant to 25 C.F.R. Ch. 1, §20.510, a plan for permanency placement must be submitted to the
Court within six (6) months of a minor(s) being taken into custody, and a permanency hearing must
be held within twelve (12) months from a minor(s) being taken into custody, which results in the
legal custody of the minor(s) being made with an approved placement when reunification is no longer
viable. (4) Dispositional orders are to be in effect for the time limit set by the Youth Court, but no order shall
continue after the minor reaches t twenty-one (21) years of age. (5) Dispositional orders are to be reviewed at the Youth Court’s discretion, but at least once every six
(6) months pursuant to 25 C.F.R. Ch. 1, §20.510. (6) The Court shall have the discretion to order the parties to comply with alcohol and/or drug testing
and to require that the parties bear the costs of such testing. (7) The Court shall have the discretion to order the parties to provide necessities for the minor(s) while
in the legal custody of CFS, including but not limited to child support, clothing, hygiene items,
medications, school supplies, school fees, and extracurricular activity fees.(8) The Court shall have the discretion to order the parties to participate and complete such programs
that have been recommended by Choctaw Behavioral Health or such other mental health providers. (9) Recommendations for the parties to participate in programs that are made available to the Tribe
through grant-funded programs may be utilized as resources toward reunification, as part of a
comprehensive service plan. (10) Recommendations for the parties to participate in culturally-sensitive, traditional programs, whether
formal or informal, may be utilized as resources toward reunification, as part of a comprehensive
case plan. (11) Failure of the parties to abide by the orders of the Youth Court may result in sanctions of civil
contempt with penalties that may include a fine, detention, community service, or any combination
thereof to deter further and future contempt. (12) The dispositional order constitutes a final order for purposes of appeal. (13) The hearing may be held by electronic means in the discretion of the Judge.