1.25.150 Hearings for Child in Custody

(a) For any child who has been taken into custody and not released under Section 1.25.130, a hearing shall be held to determine whether the criteria exist under Section 1.25.110 to Section 1.25.140 to continue holding the child in custody. The hearing shall be held within 24 hours of the time the child is taken into custody, excluding Saturdays, Sundays, holiday, any time after 4:00 p.m. of the day preceding any such day, and any time before 9:00 a.m. of the day succeeding any such day. A petition under Section 1.25.160 shall be filed before or at the hearing. All reasonable steps shall be taken to notify the child's parents, guardian, and custodian of the hearing. If the parent, guardian, and custodian does not receive actual notice, he or she may request a rehearing by right if the child is still under the court's jurisdiction or the issue is not otherwise moot.

(b) If, within the time provided by Section 1.25.150(a), no hearing is held, or no petition is filed, the child shall be released from custody, unless the court finds either ex parte or at a post-deadline hearing that probable cause exists to believe that the child is in imminent danger to self or another, or that the child's parent, guardian, or custodian is unwilling or unable to provide adequate supervision and care, in which case one 48 hour extension may be granted during which time the child shall remain in custody pending the filing of a petition. Ex parte findings of probable cause shall be reconsidered, and an opportunity to present oral and written evidence and argument shall be provided, by right, if any affected person requests reconsideration or hearing. Hearings under this subsection may be conducted by telephone.

(c) The hearing required under this section may be waived by the child's parents, guardians, or legal custodians or, if the child is over 12, by the joint waiver of the above and of the child. If a guardian ad litem is subsequently appointed for the child, or if the parents, guardian, or legal custodians subsequently retain counsel, such waiver may be subsequently withdrawn and a hearing demanded, which shall be scheduled as soon as practicable.

(d) The petitioner shall make all practicable efforts to secure the appointment of a guardian ad litem prior to the hearing.

(e) A copy of the petition shall be given to the child's parent, guardian, or legal custodian, and to the child if 12 or older, as soon as practicable, and in no case later than the commencement of the hearing.

(f) At the commencement of the hearing, the court shall advise the child, and the parents, guardians, or custodians, of the allegations made, the possible consequences of the hearing, the right to counsel at a party's own expense, the right to confront and cross-examine witnesses, and the right to present witnesses.

(g) If the court finds that one or more of the conditions enumerated in Section 1.25.110(a) or (b) exists, it may continue custody in any of the placements enumerated in Section 1.25.140. The Court may also impose reasonable restrictions on the child's travel, association with other persons, or places of abode, and may assign the child to the supervision of the Bad River Indian Child Welfare Department. Reasonable restrictions may be placed upon the conduct of the parents, guardians, custodians, or other responsible adult as necessary to secure the safety of the child. Any order entered under this section shall be reduced to writing within ten days thereof.

(h) Any order under this section shall be subject to rehearing for good cause.