10.10.550 Findings/orders.
(A) If the Court determines that it is in the best interests of the child and does not violate the rights of a party, the Court may allow the child to testify by means of a videotape deposition, closed circuit television or other appropriate method. If the Court does allow these methods to be utilized, the Court shall specifically set out the reasons for this determination on the record.
(B) The Tribal Court shall determine:
(1) The appropriate disposition of the case and long-term plan for the child;
(2) Where the child should be placed;
(3) Whether the proposed case plan reasonably addresses the problems and needs of the child and parent;
(4) Whether reasonable efforts were made to reunify.
(C) The Court may find that out-of-home placement is not needed to protect the child, but may continue Court intervention and supervision due to unresolved problems in the home.
(D) The Court may find that the child shall remain out of the home. The grounds for continued removal are:
(1) The child has no parent, guardian or custodian available, willing and capable to safely care for the child;
(2) The child is likely to suffer serious emotional or physical injury inflicted upon them by other than accidental means;
(3) The child has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his/her parent, guardian or custodian, which is necessary for the child’s health and well-being;
(4) The child has been sexually abused or sexually exploited; or
(5) The child has suffered, or is likely to suffer, emotional damage, as a result of severe emotional abuse or neglect, which causes or creates a substantial risk of impaired development.
(E) The Court may find that out-of-home placement is necessary, but with the performance of specified actions by the parent, guardian, or custodian, the child may be returned absent good cause to the contrary. The order of the Court shall specify actions, and the time frames for such actions, that the parents, guardians or custodians must accomplish before the child is returned. The order shall also specify the responsibilities of any support agency or personnel to be involved.
(F) The Tribal Court may order a trial home visit, for no more than six (6) months, unless the Court authorizes them for a longer period. The Court order must explicitly extend the trial home visit. During such trial home visits, KCWS retains the responsibility for the placement and care of the child and may remove the child from the home for any of the reasons set forth in Article XIV of this chapter, without having to file a new youth in need of care petition.
(1) While the child is on a trial home visit, the months during which a child is on a trial home visit do not count towards the child being in foster care when counting whether the child has been out of the home for fifteen (15) of the last twenty-two (22) months. Of the most recent twenty-two (22) months (all months are counted, whether the child is in foster care or at home), if the child has been in foster care for fifteen (15) or more of those months, KCWS shall file a petition to terminate parental rights as set forth in Article XXI of this chapter.
(G) The Court may find that out-of-home placement continues to be necessary and further that the child shall not be returned to the home, absent further order of the Court. The Court shall specify what steps the parents, guardians, or custodians shall take to demonstrate their abilities to care for their child, and specify what factors the Court will consider at a subsequent hearing to determine whether the child should be returned home.
(H) In addition to the placement disposition alternatives, the Court may order the child, parents, custodians or guardians to attend any of the following, if the Court determines they are related to the circumstances which caused the child to come to the attention of the Court, and if they are likely to promote the best interests of the child and his or her Tribe and the reunification of the child with his or her family:
(1) Parenting education classes;
(2) Alcohol or substance abuse treatment;
(3) Counseling for victims or perpetrators of domestic violence; or
(4) Any other services that the Court determines may be useful in aiding family reunification.
(I) The Court may continue the placement and services hearing, on its own motion or on the motion of any interested party, for a reasonable period to receive reports or for good cause. If the hearing is continued, the Court shall make an appropriate order for care of the child during the continuance.
(J) For a child fourteen (14) years or older, the Court shall find whether the services set forth in the independent living plan include those needed to assist the child to make the transition from foster care to independent living.
(K) For a child who will turn eighteen (18) years old in the next ninety (90) days and intends to enter extended foster care, the Court shall find whether the child’s transitional independent living plan includes a plan for the child to satisfy one (1) of the requirements specified in KTC 10.10.980 to remain under Tribal Court jurisdiction as a youth in need of care.
(L) For a child who will turn eighteen (18) within the next ninety (90) days, the Court shall find whether the child’s transitional independent living plan includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services.
(M) If the child was removed and placed in a short-term residential treatment program the Court shall make the findings outlined in KTC 10.10.1000(B) and state in writing the factual basis.
(N) The Court may issue any other orders it deems necessary.
(O) In scheduling investigations and hearings, the Court shall give priority to proceedings concerning children who have been removed from their homes before an order of disposition has been made.
(P) If a parent, guardian, or custodian fails to appear for the hearing, the Court may find such parent, guardian, or custodian in default, and enter any orders it could otherwise enter.
(Q) Before finding a parent, guardian, or custodian in default, the Court must be satisfied that actual notice has been given or that all reasonable possible steps have been taken to provide such notice.
(R) If the parent, guardian, or custodian is found in default, the Court shall specify the facts, grounds, and sections of the Children and Family Code (this title) upon which it relied to make such finding. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § (17)(C), 4/30/2009. Formerly 10.10.420.]