Section YAE.02.14 — Initial Hearing

(a) The court must determine if the court has jurisdiction; if the parties have been provided notice of the initial hearing; and, whether probable cause exists to believe that the youth is in need of care.

(1) The court shall advise the child, the parents, guardian or custodians, of the allegations made, the possible consequences of the hearing, the right of counsel at a party's own expense, the right to confront and cross-examine witnesses, and the right to present evidence, including witnesses, and the right to peacemaking.

(2) If the court determines that the court does not have jurisdiction; notice has not been made; or probable cause does not exist to believe that youth is in need of care, the court shall dismiss the petition and the youth shall be returned to the parent, guardian, or custodian.

(3) If the court determines that the court has jurisdiction, that reasonable efforts have been made to notice the affected parties, and probable cause exists to believe that the youth is in need of care because one or more of the conditions in Section YAE.02.12(a)(1)(A) - (P), the court shall issue an order identifying:

(A) That the court has jurisdiction,

(B) Reasonable efforts have been made to notify the affected persons,

(C) Probable cause exists that the youth is need of care, as defined in Section YAE.02.12(a)(1)(A) - (P).

(D) If other Indian tribe(s) need to be noticed,

(E) The custody of the youth(s).

(F) The physical placement of the youth(s),

(G) An appointment of a guardian ad litem,

(H) The date of the Section YAE.02.15 fact finding (to be scheduled within calendar 30 days) and the date of the Section YAE.02.16 dispositional hearing,

(I) Any other special conditions, and,

(J) The signature of the judge.

(4) Notwithstanding Section YAE.02.14(a)(3), the parties may stipulate:

(A) That the youth is in need of care;

(B) to the services and counseling to be provided;

(C) to examinations such as behavioral, alcohol, or drugs;

(D) to custody and visitation of the youth;

(E) to the conditions of return;

(F) to any other special conditions;

(G) and request that the court grant an order based upon the stipulation, with a review date no longer than six (6) months from the date of entry.