Tribe: Burns Paiute Tribe
5.2.293 Dispositional Alternatives.
(1) If a child has been found to be a juvenile in need of care, the Juvenile Court may
make any of the following dispositions:
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(c) Place conditions or restrictions upon the child, the child’s parent, guardian, or
custodian, or any other person designed to improve the circumstances of the child.
Such conditions or restrictions include but are not limited to ordering:
(i) Cooperation with the Social Services Department;
(ii) Compliance with a case plan / service agreement;
(iii) Participation in Social Services Department case planning meetings;
(iv) Medical, psychological, or psychiatric evaluation and treatment;
(v) Individual and/or family counseling and/or prescriptive therapy;
(vi) Alcohol and/or drug evaluation and treatment;
(vii) Sex offender evaluation and treatment;
(viii) Domestic violence counseling, anger management classes, parenting
classes, and/or other services;
(ix) Mediation to resolve family or other disputes;
(x) Visitation with the child, with or without restrictions;
(xi) Attendance at child’s school, other functions, and/or Tribally-sponsored
activities;
(xii) Restrictions on contact, associations, or travel;
(xiii) Payment of support or other necessary costs; and/or
(xiv) Cooperation with and participation in all services in which the child is
engaged, including on-site residential or institutional service
2) The Court shall enter specific findings setting out, in detail, the reasons for the
terms and conditions imposed in the order.
(3) If the Juvenile Court enters an order removing a child from the legal custody of a
parent, guardian, or custodian, the Court’s written findings shall include:
(a) Whether the removal of the child from the legal custody of the parent, guardian, or
custodian was, and continues to be, in the best interests of the child, and whether the
out-of-home placement of the child was and continues to be in the best interests of the
child, given the child’s health, safety, and welfare needs;
(b) Whether the Social Services Department has made reasonable efforts, considering
the circumstances of the child and parents, to prevent or eliminate the need for removal
of the child from parental care and to make it possible to reunify the family;
(i) In support of its determination of whether or not reasonable efforts have been
made by the Social Services Department, the Court shall enter a description of
what preventive and reunification efforts were made and why further efforts
could or could not have prevented or shortened the separation of the family;
(ii) Where the initial contacts with the family have occurred during an emergency
in which the child could not safely remain in parental care, even with
reasonable services being provided, the Social Services Department shall be
considered to have made reasonable efforts to prevent or eliminate the need
for removal of the child;
(iii) Where the Court finds that reasonable preventive or reunification efforts have
not been made, but that such efforts, even if made, could not have prevented
the need for the removal of the child, the Social Services Department shall be
considered to have made reasonable efforts to prevent or eliminate the need
for removal of the child;
(c) Whether the case plan / service agreement is designed to make reunification of the
family likely, and what efforts the Social Services Department is making to implement
that plan; and
(d) Where an alternative permanent plan for the child is necessary, whether the case
plan / service agreement reflects a concurrent, alternative permanent plan for the child,
and what efforts the Social Services Department is making to develop and implement
that plan in the event the child cannot be returned to parental care.
(4) If the Juvenile Court determines that the child cannot remain safely in the home
despite services the Social Services Department has or could have provided and must
be removed, the Social Services Department shall have a duty to make reasonable
efforts to make it possible for the child to return home, largely through providing the
parents with services designed to alter the situation that led to the removal.