Tribe: Native Village of Fort Yukon
SECTION 3.06.05
Formal Trail on the Issues
A. Time Limitations
The formal trial on the issues will be set for no later than ninety (90) days following the
filing of the Child/Family in Need of Aid Petition.
B. Admissibility
The records of the initial hearing and ninety day hearing shall not be admissible at the
formal trial. This shall not be construed to prevent the admissibility of any evidence that,
was presented at these hearings which would normally be admissible under the Court’s
rules of evidence.
C. Closed Hearing
The general public shall be excluded from the proceedings. Only the parties, their
counsel, witnesses, the child’s extended family, and other persons determined to be
appropriate by the Court shall be admitted.
D. 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.
E. Child Witness
If the court determines that it is in the best interest of the child and does not violate the
rights of the party(s), the Court may allow the child to testify by means of a videotape
deposition, closed circuit television, or other appropriate method. If the Court does allow these methods to be utilized, the court shall specifically set out the reason for this
determination on the record.
F. Burden of Proof
The burden of proof lies with the petitioner. The petitioner must prove that the allegations
raised in the protection petition are more likely true than not; that is, by the
preponderance of the evidence, and that the best interests of the child will be served by
continued court intervention.
G. Outcome of Hearing
The court will either find the allegations of the Protection Order to be true or dismiss the
Protection Petition, unless the hearing shall be continued to a date certain to allow for the
presentation of further evidence.
H. Return to Home
The Court may find the allegations of the Protection Petition to be true, but that out of
home placement is not needed to protect the child. The Court may, however, due to
unresolved problems in the home, continue Court intervention and supervision as
appropriate.
I. Grounds for Continuing Removal From the Home
The Court may find the allegations of the child/family protection Petition to be true and
order that the child remain out of the home. The grounds for continuing removal from
the home of a parent, guardian or custodian are that:
1. A child has no parent, guardian, or custodian available, willing and capable to
care for the child.
2. The child has suffered, or is likely to suffer, a physical injury inflicted upon
him by other than accidental means, which causes or creates a substantial risk of
death, disfiguration, or impairment of bodily functions.
3. The child has not been sexually abused or sexually exploited.
4. The child has not been provided with adequate food, clothing, shelter, medical
care, education or supervision by his/her parents, guardian, or custodian; which is
necessary for the child’s health and well-being.
5. The child has committed juvenile offenses as a result of parental pressure,
guidance, or approval.
6. The child has been emotionally abused or neglected.
7. The child has suffered or is likely to suffer, emotional damage which causes or
creates a substantial risk of impaired development. J. Court Order for Continuing Removal
The Court shall specify in its Order the necessary intervention and appropriate steps, if
any, the parent, guardian, or custodian must follow to correct the underlying problems.
The Court may order specific directives that may include by not limited to directing the
child’s parents, guardian or custodian to take educational classes; alcohol and drug
assessments, and follow the recommendations of the assessments; psychological or
psychiatric assessments and treatment; or such other treatment or programs as it feel are
appropriate and are likely to result in the best interest of the child and reunification of the
child with the family.
K. Return of Child to Parent, Guardian, or Custodian
The Court may find the allegations of the child/family protection petition to be true and
out of home placement necessary, but with the accomplishment of specified actions by
the parent, guardian, or custodian, the child may be returned absent good cause to the
contrary. The Order of the Court will specify actions, and the time frames for such
actions, that parents, guardians or custodians must accomplish before the child is
returned. The Order will also specify the responsibilities of any support agency or
personnel to be involved.
L. Out of Home Placement
The Court may find the allegations of the Protection Petition to be true and that out of
home placement continues to be necessary and further that the child may not be returned
to the home, absent specific order of this Court. The Court shall specify what steps the
parents shall take to demonstrate their abilities to care for their child, and specify to the
parities what factors the Court will consider at a subsequent hearing to determine whether
or not the child should be returned.
M. Written Order
The Court shall specify in writing the facts, grounds and code sections upon which it
relied to make its decisions. […] SECTION 3.06.08
Six Month Review
A. Review Requirement
The status of all children subject to a protection code shall be reviewed by the Court at
least every six (6) months at a hearing to determine whether court supervision shall
continue, except that the first review following a formal trial on the issues shall be held
within ninety (90) days of the formal trial on the issues.
B. Return to Home
A child shall be returned home at the review hearing unless the Court feels that reason for
removal was set forth in Title 5, Section 12-14-I of this Code still exists. The Court may
however, due to unresolved problems in the home, continue court intervention and
supervision as appropriate.
C. Written Order
If continued Court Intervention is determined to be necessary, the Court shall set forth the
following, in a written order:
1. What services have been provided or offered to the parent, guardian or custodian to
help correct the underlying problem(s).
2. The extent to which the parent, guardian, or custodian has visited or contacted the
child, any reason why such visitation and/or contact has been infrequent or not
otherwise occurred. 3. Whether the parent, guardian, or custodian is cooperative with the Court.
4. Whether additional services should be offered to the parent, guardian, custodian.
5. Whether the parent, guardian or custodian should be required to participate in any
additional programs to help correct the underlying problem(s).
6. When the return of the child can be expected.
D. Additional Steps
The Court at the review hearing may order that a petition to terminate the parent/child
relationship be filed, or that a guardianship petition be filed.