25 CFR 11.1110 - Minor-in-need-of-care adjudicatory hearing.

Code of Federal Regulations - Title 25: Indians

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Title 25: Indians

CHAPTER I: BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER B: LAW AND ORDER

PART 11: COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE

Subpart K: Minor-in-Need-of-Care Procedure

11.1110 - Minor-in-need-of-care adjudicatory hearing.

(a) The children's court shall conduct the adjudicatory hearing for the sole purpose of determining whether the minor is a minor-in-need-of-care. The hearing shall be private and closed.

(b) All the rights listed in ? 11.906 of this part shall be afforded the parties in the adjudicatory hearing, except that the court may not appoint counsel if the parties cannot afford one. The notice requirements of ? 11.906(a) are met by a summons issued pursuant to ? 11.1109.

(c) The children's court shall hear testimony concerning the circumstances which gave rise to the complaint.

(d) If the circumstances of the petition are sustained by clear and convincing evidence, the children's court shall find the minor to be a minor-in-need-of-care and proceed to the dispositional hearing.

(e) A finding that a minor is a minor-in-need-of-care constitutes a final order for purposes of appeal.

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