1.25.190 Disposition

(a) At any stage of a proceeding under this chapter the court may order interim disposition for the child. Such an order may include any disposition authorized by Section 1.25.190(d).

(b) Upon entry of an adjudication order, the court shall determine the disposition appropriate for the child. The child welfare coordinator and the petitioning party if other than the child welfare coordinator, shall submit reports to the court summarizing the child's personal history, the circumstances leading to the petition, the resources available and suitable to the child and family, the disposition recommended, and the rationale for the disposition. The report shall specify how the disposition is related to the circumstances leading to the petition and the role each affected person is expected to play in the removal of such circumstances in the future. Any other party may submit such a report. All such reports shall be filed with the court no later than four (4) days prior to the dispositional hearing. Copies shall be provided to the child's guardian ad litem and counsel for any party, or directly to any party not represented by counsel. No additional copies shall be made. All copies shall be returned to the court at the close of the dispositional hearing.

(c) Any party requesting out-of-home placement of a child shall submit to the court, and distribute as provided in subSection 1.25.190(b), above, a report enumerating the attempts made to prevent an out-of-home placement, and a statement describing the efforts that will be made to make it possible for the child to return home.

(d) In considering an appropriate disposition, the court may consider any or all of the following factors:

(1) Special physical or emotional needs of the child.

(2) Social, cultural, or religious tradition of the child, the child's family, or the Tribe,

(3) Availability of resources within the child's extended family,

(4) The child's preference, if the child is over 12 years of age, and the recommendation of the guardian ad litem,

(5) The recommendation of the child welfare coordinator or any person with an interest in the child,

(6) Recommendations of professionals experienced in services to children,

(7) Other factors calculated to meet the needs of the individual child and purposes of this chapter.

(e) The Court may order disposition in any or all of the following ways:

(1) Counsel the child or the parent, guardian, or custodian.

(2) Remand the child to the custody of a parent, guardian, custodian, or other responsible relative in the child's home, with supervision of the child by the child welfare coordinator and reasonable rules of conduct by the child and the parent, guardian, custodian, or other responsible relative.

(3) Participation of the child and/or parent or custodian in a specified counseling, treatment, or educational program, which may include use of traditional or culturally appropriate services or activities.

(4) Restitution in any reasonable amount for acts of the child resulting in damage or injury to any person or the Tribe.

(5) Community service appropriate to the needs or abilities of the child.

(6) Removal of the child from the home and/or placement with a member of the child's extended family, a tribal member licensed foster home, a licensed Indian foster home, an institution for children approved by the Tribe, or any other foster home.

(7) Inpatient alcohol, drug, or mental health treatment for specified purposes for a specified period of time.

(8) Any other disposition calculated to provide for physical, mental, emotional, or developmental needs of the child.

(9) Such order may also provide for visitation by parties or extended family members as appropriate.

(f) Any party to a proceeding under this chapter may seek and the Court of its own motion may direct the child welfare coordinator to seek enforcement of any court order in any other appropriate court.

(g) The Court on its own motion may waive, and any party to a proceeding under this chapter may seek by motion and for good cause shown a waiver of, continuing jurisdiction over a child and refer a case to any other court having, in such a case, jurisdiction.

(h) In any dispositional placement of a child, the court shall require testimony and make findings that services designed to prevent the necessity of out-of-home placement are appropriate and available and have been offered. This shall not require any petitioning party to prove that services that are either not appropriate or not available through or from the Tribe have been offered, attempted, or rejected.

(i) In any out-of-home placement, the court shall consider and make findings about the attempts made to prevent out-of-home placement and availability or appropriateness of custodial care within the child's extended family or with tribal members before ordering a placement in any other home or facility.

(j) Whenever the court orders a child to be placed outside the home, the court shall orally inform the parents who appear in court, and shall include in the written order a statement, of any ground for termination of parental rights under Section 1.25.230 that may be applicable.