(1) The address and telephone number of the parent or child be kept confidential in the proceedings;

(2) An exchange of the child to occur in a protected setting;

(3) Visitation be supervised by another person or agency with any conditions of visitation stated specifically within the order. The perpetrator may be ordered to pay a fee to defray the costs of supervised visitation;

(4) The perpetrator of family violence attend and complete a family violence batterer’s program and/or counseling;

(5) Prohibit overnight visitation;

(6) Require a bond from the perpetrator of family violence for the return and safety of the minor child;

(7) Order that the perpetrator of family violence cannot remove the child from “on or near Tribal lands” as defined in KTC 10.10.030 during visitation.

(1) The person administering the test must notify the testing parent immediately of the results, and must notify the other parent by phone or in person as soon as possible if the results are positive. It will be the responsibility of each parent to ensure that the Court and the testing agency have current contact information.

(2) A positive drug screen will automatically cancel the visitation.

(3) The results of this testing are confidential, and must be placed as a sealed record in the Court file, and may not be released to any person except the Court, the parties, their attorneys, and any person to whom the Court expressly grants access by written order made after prior notice to all parties. Any person who has access to the test results may not distribute copies or disclose information about the test results to any person other than a person who is authorized to receive the test results pursuant to this section. Any breach of the confidentiality of test results may be punishable by civil sanctions not to exceed three hundred dollars ($300).

(4) Any person ordered to drug test under this section has a right to a hearing, if requested, to challenge a positive result. The request must be made at the time the person is initially told of the positive result.

(5) Any person ordered to drug test under this section may request a retest of the sample, at their own expense, to challenge a positive result. The request must be made at the time the person is initially told of the positive result.

(6) The results of testing may not be used for any purpose, including any criminal, civil, or administrative proceeding, except to assist the Court in determining for purpose of any order determining custody or visitation in the best interest of the child pursuant to subsection (A) of this section.

(1) To provide for the child’s physical care and to maintain the child’s emotional stability;

(2) To provide for the child’s changing needs as the child grows;

(3) To promote and preserve the child’s Indian heritage and to provide for the maintenance of the child’s Tribal affiliation;

(4) To set forth the authority and responsibilities of each parent consistent with the restrictions noted in subsection (H) of this section;

(5) To minimize the child’s exposure to harmful parental conflict;

(6) To encourage parents to meet their responsibilities through the parenting plan rather than by relying on Tribal Court intervention; and

(7) To otherwise protect the best interests of the child consistent with the policy expressed in subsection (A) of this section.

(1) A process for resolving disputes, other than Tribal Court action, shall be provided unless it is beyond the financial means of the parties, or precluded or limited by the Tribal Court as provided herein. The dispute resolution process may include counseling, mediation, peacemaking, family unity, arbitration or other method agreed upon by the parties. In the dispute resolution process:

(2) The parenting plan shall allocate decision-making authority to one (1) or both parents regarding the children’s education, health care, and religious or spiritual upbringing. The plan shall state that:

(3) The residential schedule shall designate in which parent’s home each child shall reside on given days of the year, including provisions for holidays, birthdays, vacations and other special occasions.

(1) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions;

(2) Physical, sexual or a pattern of emotional abuse of a child;

(3) A history of acts of family violence;

(4) An assault or sexual assault that causes grievous bodily harm or the reasonable fear of such harm;

(5) Neglect or substantial nonperformance of parenting functions;

(6) Long-term emotional or physical impairment that interferes with the parent’s performance of parenting functions;

(7) Long-term impairment resulting from drug, alcohol or other substance abuse that interferes with the performance of parenting functions;

(8) Abusive use of conflict by the parent that creates the danger of serious damage to the child’s psychological development;

(9) Withholding from the other parent access to the child for a protracted period without good cause; or

(10) Such other factors as the Tribal Court expressly finds adverse to the best interests of the child.

(1) If the Court makes a finding of abuse, neglect, family violence, or substance abuse by either or both parents, the Court may recommend that the parties seek appropriate treatment, services or training. The success of any remedial or rehabilitative efforts will be reviewed under subsection (J) of this section.

(1) Interview the child in chambers to ascertain the child’s needs and desires. The Tribal Court may permit counsel to be present at the interview. The Tribal Court shall cause a record of the interview to be made and to be made part of the record in the case; and/or

(2) Seek the advice of the Tribe’s Department of Human Services. Human Services shall evaluate the parents’ ability to provide adequate food, clothing, shelter, medical care, love and emotional support, and day-to-day supervision. The evaluation should also report on circumstances indicating any conduct outlined in subsection (I) of this section. The advice given shall be in writing and shall be made available by the Tribal Court to counsel upon request. Counsel may call for cross-examination of any persons consulted by the Tribal Court.