Section YAE.02.15 — Fact Finding Hearing

(a) The Court must determine if there is clear and convincing evidence to support a finding that a youth is in need of care.

(b) Testimony: The Court shall hear testimony concerning the circumstances which gave rise to the petition. Before testifying at a Court hearing, every witness shall first take an oath swearing to tell the truth.

(c) Rules of Evidence - Purpose: The purpose of these rules of evidence is to ensure that the Court is able to determine the truth of a matter with a minimum of delay, confusion and uncertainty.

(d) Rules of Evidence - Reliability: The rules of evidence used in state and federal courts shall not apply to hearings before the Stockbridge-Munsee Youth Court. Where there is more than one kind of evidence about the same subject, the Court should hear the most reliable kind of evidence. In oral testimony, persons who testify from personal knowledge, such as first-hand observation of or participation in the event described, shall be preferred as witnesses to persons who have second-hand knowledge of the event.

(e) Rules of Evidence - Relevance: Evidence submitted during Court hearings must be related either to the issues before the Court or to the weight and credibility which should be given to other evidence. When questioned by the Court or another party, the party who wishes to present certain evidence shall explain why he or she thinks the evidence is relevant.

(f) Rules of Evidence - Ruling by Court: When the relevance or reliability of evidence is challenged and the Court decides whether or not to use the evidence, it shall explain the decision.

(g) Admissibility of Statements Made at the Preliminary Inquiry: All statements made at the Preliminary Inquiry are part of the court record and are admissible in the Fact Finding Hearing unless ruled to be inadmissible by the court.

(h) Questioning Witnesses - Order Called: The Court shall determine the order in which parties or their representatives shall be allowed to question witnesses. The Court shall protect the witnesses from harassment or unnecessarily repetitive questioning. The Court itself may call and question any witnesses.

(i) Questioning Witnesses - Leading Questions: When questioning a witness, the Court and parties or their representatives shall not ask questions in such a way as to suggest the answer desired unless the witness is being cross-examined or is clearly hostile to the person asking questions.

(j) Rules for Discovery: The rules for discovery shall be the same as those rules established by the Stockbridge-Munsee Community Court.

(k) If the court determines by clear and convincing evidence 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) exists, the court shall issue an order identifying:

(1) The youth is need of care,

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

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

(4) The date of the dispositional hearing (to be scheduled within 35 calendar days),

(5) Any other special conditions, and,

(6) The signature of the judge.

(l) Notwithstanding Section YAE.02.15(k), the parties may stipulate:

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

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

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

(4) to custody and visitation of the youth;

(5) to the conditions of return;

(6) to any other terms or conditions;

(7) 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.