Tribe: Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan / Gun Lake Tribe
§ 5.1-22 Disposition hearings.
A.
Purpose. The purpose of a disposition hearing is to determine what measures should be taken with respect to a child found to be a child in need of protection.
B.
Timing and notice. A disposition hearing may be held immediately after the adjudication if a case service plan has been served on the parties. The interval, if any, between the adjudication and the disposition is within the discretion of the Gun Lake Tribal Court; provided, however, that when the child is in a placement outside the home, the interval may not be more than 35 days from the date of the adjudication hearing except for good cause. If the disposition hearing is not held immediately after the adjudication hearing, a notice of hearing may be deemed given and received by scheduling the hearing on the record in the presence of the parties or in accordance with § 5.1-12C.
C.
Proposed case service plan. The Health and Human Services Department must prepare or must cause the responsible state or state-authorized agency to prepare a written report (“case service plan”) describing all reasonable and appropriate alternative dispositions. The case service plan must contain:
(1)
A specific plan for the care of, and services to, the child, the child’s parents, guardian, or custodian to resolve the problems presented in the petition;
(2)
A detailed explanation of the necessity for the proposed case service plan and its benefits to the child; and
(3)
If the case service plan recommends placement of the child somewhere other than with the child’s parents, guardian, or custodian, it must state with specific reasons for the placement recommendation and provide an explanation of good cause for any deviation from the placement preferences defined in § 5.1-14, including all efforts undertaken to comply with those requirements.
D.
Service of case service plan. Except as provided otherwise by a Gun Lake Tribal Court order, the responsible agency must file the case service plan with the Gun Lake Tribal Court and must serve copies of the case service plan on all parties and other persons entitled to a notice of hearing under § 5.1-12C and in compliance with the requirements for service stated in § 5.1-12C.
E.
Disposition orders.
(1)
Issuance. The Gun Lake Tribal Court must issue a disposition order within seven days of the date of the disposition hearing and after considering the proposed case service plan and other evidence, testimony, and arguments offered at the hearing. The Gun Lake Tribal Court will adopt a case service plan and may enter such further orders as it considers necessary in the best interests of the child, the best interests of the extended family, and the best interests of the Tribe or other Indian tribe with whom such child is affiliated.
(2)
Placement preferences. The disposition order must comply with the placement preferences in § 5.1-14 or must include findings of fact supported by evidence in the record establishing good cause for any deviation from the placement preferences.
(3)
Removal compliance. The disposition order must comply with the removal requirements of § 5.1-15 to the extent applicable and must also include a judicial determination with findings of fact supported by evidence in the record that placement of the child outside his or her home continues to be necessary and appropriate, including the likely harm to the child if the child is returned to his or her parent, guardian, or custodian.
F.
Reimbursement for care. Parents, custodians, or guardians may be ordered by the Gun Lake Tribal Court to reimburse tribal, state agencies, or state-authorized agencies for the cost of care and placement of the child.
G.
Child support. Parents, custodians, or guardians may be ordered by the Gun Lake Tribal Court to make child support payments for children who are placed with persons who are not eligible for foster care payments or when the foster care payments will not cover the reasonable cost of caring for the children.
H.
Post-adjudication evaluations and assessments. The Gun Lake Tribal Court may, at any time after conducting a disposition hearing, order the parent(s), guardian(s), custodian(s) or any member of the child’s household to undergo a physical, mental, psychological, or substance abuse evaluation or assessment by a qualified professional as part of the case service plan. The parties may consent to such evaluations at any time before the entrance of a dispositional order, or as part of a consent decree.