Tribe: Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation
2.5 Court Proceedings. (1) All petitions provided for herein shall be signed in forn of a Reservation Judge, and shall be considered civil proceedings with no record of jail time served, even if a subject is held in a jail facility, for lack of a sufficiently secure facility. (2) All court proceedings provided for herein shall be recorded by a court reporter, or an appropriate audio and/or video device. (3) All treatment placements ordered by the court shall be made to the lwast restrictive environment then available to properly treat the condition of the subject then before the court. All orders directing treatment shall direct that if during the course of ordered treatment, an appropriate, less restricitve placement opportunity becomes available, that the court hsall be informed of such, and if possible, the subject transferred to such program. (4) Proceedings Initiated Ex Parte. rt finds the danger to the health and safety of the subject of
such petition” or another, to be substantial, he/5he tnay make sucl1
fi.:1cino i~ ~riting, direct law enforcement officials to take’the sub
ject cf 2. pet’:”:ion ,into custody, and set forth a time for said sub
~cc~ :: ~~~~a~ before the court and show cause w~y such detention
5~~~ld nct be c8otinued.
(3)
Upcr. be~ng taken into custody, said subject shall be’ served
with a copy of the’ petition, a statement of his/her rights, and a
copy of the order to take him/her into custody.
If possible, said subject shall be i~~eciately brought before
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(C)
juc;~ of the Tribal Court and given an opportur.ity to challenge the
pe~i:ion.
I~ no event shall a subject be in custody l6nger than 72
heu~s beiore being given an opportunity to appear before a judge and
c~alle~ge th~ proceeding.
(D)
Wnen taken into custody, a subject shall be held in a
facility with sufficient security to properly re5~rain him/her from
leaving, while providing for the med:cal needs 0; such indiVidual.
Such facility shall be the least restrictive env:~on~ent available,
~h~:~ ~ill e~sure his/her continued presence. A jail facility shall
be used only as a last al~ernative when other fac~lities are full,
and/or insufficient to maintain a defendant’s cor:tinued presence.
(E)
If a petition has been filed without the attachment of a ~
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sta te.!ilen t from a Professional Person, the court s~all make eVery.. . ~.,.~
effort to have the subject evalua ted and/or exa.:”‘:’ned by such,” before . “‘:<
the ini tial hearing ~provided for above; provided" that such effor'ts' . :-;~*-:-:.
shall not toll the require..rnent to conduct a show cause hearing wi thin ~~~},.
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72 hours of. taking a subject into custody. If net effected prior to .-"
such hearing, an evaluation from a Professional Ferson shall be ordered
2~C s~:s::~~~ ~r:0r to the court conducting the secohd hearing pro
At tne initial show cause he2r::lSr
prov:::'ied for herein;' the
(f)
s~bj~c~ s~2l1 have an opportunity to challe~ge tt~ allegations set
forth in t~e petition. The court shall locate a~j appoint a "Friend
of Responccn t rt
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""'ho .... ·:.~l ass:st, wi. thoL:t re::Iuner~:icn L!::2.ess such is
available, the subject of a petition in ch21lenE~~g or contradictin&
the allegations of a p~t~tion. The s~~j~ct of a ~etit!on may, in
addition to the friend of Respondent appoi~ted ty the court, secure,
at h~s/her o~~ expeGse, the s~rvice~ of 2 legal represe~taL!ve. '.
?~ti~~cner(s) shall be present, and if poss~ble i~~ Professional
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r.e2.:i.n; L!;:::~ SL!C!1 time as he/she can be prese!lt; provi.ded,- orders to .!.:-:’
take SL:ch i~d!~idu2l into custody ~hall continu~ Jntil such hearing. l-‘
Such can ti:luaGce. shall not extend beyond the secc:1d hearing pray ided .~-.-:.
for in this ordinance, and may be consolidated ~~th the second hearing,’
if such beco.rnes necessary, as long as the court formally reviezs the
evidence before it at a properly noticed hearing .{G}
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If af’=.er an ini tial show cause hearing the presiding judge
finds that there is good cause to detain the subject in treatment/
evaluation, he may order that such person be detained in treatment/
evaluation for up to ten (10) calendar days. Within said ·ten {IO}
days, a second hearing. shall be scheduled for the· court to formally
review the .evi.dence to determine whether further treatment is
necessary 2~d whether to adjudge an individual as in need, of such.
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the secci1d. hearing, a finding that evidence in support of a find
ins that an i;;dividual is seriously mentally 111 shall be supported
by evidenc:e ‘:;:’eeting a “clear and convincing” standard o.f proof.
(H)
Upon entering a finding that further court-ordered treatrDe’nt
is necessary after the second hearing, a subjec’t rn:a.y be ordered. to
tre2t~ent for a period not to exceed six (6) months. Such an order
must be supported by evidence and/or reports to the court from a
?rofess:onc~ Person that such is necessary and propp-r to treat the .
~ondition of the subject.
(I)
Sho~ld the court find tha t the record lacks sufficient evi
de~ce to meet the clear and convincing evidence standardr it may
either dismiss the action, or if it is reasonably believed that such
proof exists and a continuanCe would effect the presentation or such
evidence, may continue the hearing [or a period no longer than five
(5) days. D:e subject of the petition shall be relpase.d during such
continuance, unless the court is convinced that said suhject will not
return for further proceedings or will be a danger to him/herself or
others.
(5)
Proceed:ngs Initiated After Notice.
(A)
If the court, after reviewing a filed verif::ed peti ton·~·: ~._;’ . .:-,:?~~ ..
.determines that the issuance of an ex parte order taking the subject , … ‘
into custody is inappropria te, may issue a su:..mons demanding the
presence of the subject at a hearing, or if it is found that good
cause is lack:ng, the pe ti tioD may be dismissed. Failure to appear
C:” c:.:-:e;-·”,·:’,:,:c res;::onc after tl-,p
receipt of 2 51;..’:;:”‘:C;-,;..$ !!<2:.y.: b.e. treated
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(3)
hne~ a su~~ons is dee~ed appropriate, it sr~ll d:rect the
subject to c~pe2r a t a show cause hear':ng to be set w.ithin- seven (7)
dcys, of the filing of the peti tion, to deter.nine ~nether further
action is necessary. A copy of the petit':on, a2.c~g ~:'th 2 st.ate.rnent
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of the subject's righ ts shall acco:np2!iY the SU;:-.:ri0!15, and be person-. :~'~~f.:·
'ally Served thereon by a pol::'ce offiCer or 2uthor,:zE:'d process server, ::;c .•..
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or if ~uch ccr;r;ot be ~ffec tee:, by cert:fied mail ~
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:::e i.ni.tial she",'. cause hecr:nb , prov'::e~ fa:f)' he.rein,. the
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c.vc.ilc.ble$ t:-:e subject of a petition :;: challenE;:D’ti or contrcdicting ‘:’
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upon entering a finding of such in open court, roay postpone said
hearing’ until such ti!ne as he/she can be present; provided, ‘orders’
to’ take such individual i~to custody, if any, shall continue until
such hearing. Such continuance shall not extend beyond the second
hearing prav.:ced for i..”J:. this code, and may be consolidated with the
second he2r:r~, if such. becomes necessary, as long as the court for
G2.11y rev::’e).,”s t:::e ev;ide!lce: before ita t a properly noticed hearing.
(D)
If after an initial sho.l cause hearir.g the presiding judge’
finds that there is good cause to detain the subject in treatment/
evaluation, he !T12y order that such person be detained in treat..rnent/
e’/aluation for up to ten calendar (10) days. Within said ten (lO)
cays, a sec~nd hearing- shall be scheduled for the court to formally
rev:ew the ev’:”dence to deter.:nine w’he ther further trea trnen t is neces
sc.ry and ).,”het[‘:e:- to adjudge an individual as in need of such. At
the second he~:-ing, the standard of proof necessary to support a
finding that further court-ordered treatment is necessary shall be
a IIclear and convincing” evidence standard.
(F)
Upon enterip.g a find~ng that further court-ordered treatment
:s necessary after the second hearing, a subject ~2y be ordered to
t:-eaL~ent [or a period not to exceed six (6) months. Such an order
must be suppo:-ted by evidence and/or reports to the court from a Pro
fessiol)al Person that such is necessary and proper to trea t the con- .
dition of the subject. The court may order treat!r.ent beyond the six
(6) month period, provided ‘that the standard of proof required at
the second he2ring is met at each subsequent hearing, and hearings on
such individual are he1.dat. least’ every six (6) months.
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(G)
Should the court find that the record 1~ sufficient evi
dence to meet the clear and conVincing evidence standard, it may
e: ther dis:.Jiss the action, or if it is reasonably believed that such !;~;’;:”
~’;’:’:::~ ~X’:’2:3 c;.c a. CO[7.t:£…n:u.~;;.c.e ~ould e:fect t::e presentat::on cf such
e~~:e~c~1 ~~! c~~ticce t~~ b~aring for a per~od no longer than five
(5) d2YS. T;-;e subject 01 th~’ pet’:ti6n shall be r·e2.eased dur’:’ng. such
cc·;)tinuance~ unless the court is convir£2d tha t said subject will not
re:ur;-: IGr furtr..er proceedin&s or ..’i11 be a danger to him/herself or
others.
(6)
The ti~e limits provided for here’:n after tt~ ::nitial sho~ cause
~~ hearin~ may be specifically ~aiv2d in ~rit’:~~ by the ~~bject of a petitio~’
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or his/her authorized represent2tive, prov:~2j th~ cc~~t is convinced that . -‘said i:ldividual is: capable of understafiding the effec:.s of such .;a:’,2r.
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