Tribe: Native Village of Fort Yukon
SECTION 3.06.03
Initial Hearing
A. Hearing Date
An initial hearing shall be held regarding the removal of a child before the end of the
second working day following the filing of the child/family in need of aid petition.
B. Purpose
The purpose of the initial hearing is to determine whether it is reasonable to believe that
continuing absence from the home is necessary to protect the well-being of the child.
C. Advise of Rights
During the hearing, the Court shall advise the party(s) of the reason for the hearing and of
their basic rights as provided for in this code.
D. Nature of Hearing
The hearings shall be informal in nature. Concerned parties may present evidence
relating to the situation. Hearsay evidence will not be excluded at this hearing as long as
it is otherwise admissible. The general public shall be excluded from the proceedings.
Only the parties, their counsel, witnesses, the child’s extended family and another
persons determined to be appropriate by the Court shall be admitted.
E. Possible Outcome of Initial Hearing
1. The child/family in need of aid petition may be dismissed and the child
returned to the home.
2. The child may be returned to the home of the parents, guardian or custodian
under the supervision of the Court and other hearing held within thirty (30) days.
3. The child may be continued in the child’s out-of-home placement and a thirty
day (30) hearing will be held.
F. Notice of Initial Hearing
The Court shall make al reasonable efforts to advise the parents, guardians, or custodian
of the time and place of the initial hearing. The Court shall request that the parent,
guardian, custodian be present for the hearing. Reasonable efforts shall include personal,
telephone, and written contacts at their residence, place of employment or other location
where the person is known to frequent with regularity. If the Court is unable to contact
the parent, guardian or custodian, notice shall be given to members of the extended
family of the child.
G. Unresolved Issues
If the problems are not resolved at he initial hearing or the thirty (30) day hearing, the
Court will set a date for a formal hearing on the issues. Such date will be no later than
ninety (90) days after the filing of the child/family in need of aid petition. H. Notification of Rights
All parties have a right to be represented by an advocate/attorney at their own expense in
al proceedings under this Code, to introduce evidence, to be heard on his or her own
behalf, to examine witnesses, and to be informed of possible consequences if the
allegations of the petition are found to be true. All parties shall be entitled to advance
copies of court documents, including petitions and reports, unless deemed inappropriate
by the Court.