Tribe: Forest County Potawatomi Community
3.14. Dispositional Hearing (A) Prior to the dispositional hearing the Indian Child Welfare Worker shall prepare a written report identifying and describing all reasonably appropriate alternative dispositions. The report shall contain: (1) A specific plan for the care of and assistance to the Child calculated to resolve the problems presented in the petition; (2) A detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the child under the proposed plan; and (3) Specific reasons for recommending the Child’s placement not to be with the Child’s parent or guardian. (B) At the dispositional hearing the Court shall consider the predisposition report and
all relevant and material evidence presented. Upon motion of the Child or the
Child’s parent or guardian, the Court shall require the person who wrote a report
or who is quoted in a written or oral report to appear as a witness and be subject to
cross-examination.
(C) After consideration of all evidence offered bearing on disposition, the Court may
order a disposition pursuant to §3.15, if the Child is adjudicated a Child in Need
of Care.
(D) The dispositional order of the Court shall set forth the findings of fact upon which
the order is based together with clear and concise reasons for the order.
(E) Upon petition of a Child or a Child’s parent or guardian who alleges a change of
circumstances relating to disposition of the Child, the Court shall conduct a hearing
to review its dispositional order. Such petitions shall state all changes in
circumstances.
(F) The Court shall review each disposition once a year after the entry of
dispositional order. The review can be changed to a hearing upon written request
of the child’s parent or guardian.
(G) A hearing to review a dispositional order shall be conducted as follows:
(1) Notice in writing of the hearing shall be given to the Child, his or her
counsel, the Child’s parent or guardian and their counsel not less than 72
hours before the hearing.
(2) The Court shall review the actions of the Child, the Child’s parent or
guardian, the Indian Child Welfare Worker, the Tribal Prosecutor, and
other persons providing assistance to the child and the child’s family.
(3) If the request for review of disposition is based upon an alleged violation
of a court order, the Court shall not modify or extend the dispositional
order unless it finds clear and convincing evidence of a violation.
(4) More frequent reviews are permitted upon motion of a party or the Court’s
own motion.