Tribe: Confederated Salish and Kootenai Tribes of the Flathead Reservation
3-2-404. Informal Adjustment Conference. (1) It shall be the duty of Tribal Social Services Department (TSSD), the Tribal Advocates, and the Tribal Court to encourage satisfactory, out-of-court solutions to cases under this Code prior to the final disposition hearing.
(2) Any party to a proceeding may request an informal adjustment conference. The request shall be granted one time as a matter of right and thereafter at the discretion of the court. The request may be made at any time, after the filing of a petition, up to the court’s issuance of the order following final disposition hearing.
(3) Such parties may be present at the conference as the court may direct. The Judge may be present. Alternatives to further proceedings may be discussed.
(4) Any disposition of the case pursuant to such a conference must be voluntarily agreed to by all parties to the proceedings. If such disposition is agreed to, the court shall enter a conference agreement, and this shall have the effect of a court order.
(a) The conference agreement must address whether TSSD Social Service made reasonable efforts to reunify the family and whether it is contrary to the welfare/best interests of the child to remain in or return to the family home.
(b) The conference agreement may include the following dispositions:
(i) release of the child to the parent or guardian with no further action, and dismiss the case;
(ii) suspend the proceedings for a specified time, releasing the child to the parent, guardian, or other person as the court may direct, with appropriate remedial conditions; or
(iii) order final disposition of the case.
(5) The informal adjustment conference granted as a matter of right must occur within ten (10) working days of the request for the conference and an informal adjustment conference granted at the discretion of the court must both occur within ten (10) working days of the court’s decision to allow the conference.
(6) An informal adjustment conference granted by the court (as a matter of right or in the court’s discretion), or a conference agreement entered by the court shall not postpone or otherwise delay the permanency hearing as provided for in Section 3-2-701.