Pre-Dispositional Hearing for Juvenile Cases

8 MLBS § 136 AND 8 MLBS § 140

Tribe: Minnesota Chippewa Tribe, Minnesota - Mille Lacs Band

§ 136. Pre-Dispositional Report.
(a) The Human Resource Officer shall prepare and present a written report to the Court at least one day before a dispositional hearing.

(1) The report shall contain a place for the care and assistance to the minor or his parents, guardian or custodian which is calculated to resolve the problems presented in the petition.

(2) The report shall contain a detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the minor under the proposed plan.

(3) Preference shall be given to the dispositional alternatives which are listed in 8 MLBS § 141 and select that which is the least restrictive of the minor’s freedom and is consistent with the interests of the Band.

(4) The report shall contain specific reasons for not recommending placement of the minor with his parent, guardian or custodian.

(b) The Human Resource Officer shall present the pre-dispositional report to the Court, the person selected by the minor to represent him and the Solicitor General at least one day before the dispositional hearing. […] § 140. Evidence.
(a) At the dispositional hearing, the Court shall hear evidence on the question of proper disposition.

(b) At the dispositional hearing, the Court shall review and consider the predisposition report submitted by the Human Resource Officer and afford the parents an opportunity to controvert the factual contents and conclusions of the reports. The Court shall also consider the alternative predisposition report prepared by the minor and his attorney, if any.

Read Full Text of 8 MLBS § 136 AND 8 MLBS § 140