Section YAE.02.16 — Disposition.

(a) Pre-dispositional Report: The Indian Child Welfare, in consultation with the Child Protective Board and (Tribal professional staff or County Social Services staff if necessary), shall prepare a written report summarizing the circumstances leading to the petition, the court's fact finding hearing, the child's personal history, the resources available that are suitable to the child and family, the recommended disposition and the rationale for the recommended disposition.

(b) Placement Recommendations: If placement with someone other than the youth's parent, guardian or custodian is recommended by the ICW, the report shall contain specific reasons for not recommending placement of the youth with his/her parent, guardian or custodian.

(c) Pre-dispositional Report - Service: The ICW shall file with the court and mail the Pre-dispositional to all affected parties and the guardian ad litem, at least five (5) business days before the dispositional hearing.

(d) Additional Reports: Any affected party may file a Pre-dispositional report with the court and the party must mail or otherwise serve the report to the other affected parties.

(e) Dispositional Hearing - Time: If the dispositional hearing is separate from the Fact Finding Hearing, it shall take place within 35 calendar days of the Fact Finding Hearing.

(f) Conduct of Dispositional Hearing: If disputed, the court may hear testimony to determine the proper disposition for the youth. All parties shall be given the opportunity to contest the factual contents and conclusions of Pre-dispositional , but not the merits or procedure of the fact-finding hearing.

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

(1) Special physical, intellectual, or emotional needs of the youth.

(2) Social, cultural or religious traditions of the youth, the youth's family, or the Tribe.

(3) Availability of resources, not limited to financial resources, within the youth's extended family.

(4) The youth's preference, if the child is 12 years old or older.

(5) The recommendation of the ICW, the guardian ad litem, professionals, or any other affected person.

(6) Other factors related to meet the best interests of the youth.

(h) Dispositional Alternatives for Youths in Need of Care: If a youth has been determined to be in need of care, the Court may take any of the following dispositions which are listed by priority:

(1) Permit the youth to remain with his or her parent, guardian or custodian, subject to any such limitations and conditions the court may order;

(2) Place the youth with an extended family member subject to any limitations and conditions the court may prescribe;

(3) Place the youth in a foster home which has been licensed or approved by the Tribe, subject to any limitations and conditions the court may order;

(4) Place the youth in a professional care facility approved by the Tribe;

(5) Transfer legal custody to an agency responsible for youths in need of care, qualified to receive and care for the youth; and/or,

(6) Recommend that parental termination proceedings begin.

(i) Other Services: The court may also order:

(1) That the youth and/or family member submit in drug counseling or alcohol testing.

(2) That the youth and/or family member(s) be subject to random drug tests.

(3) That the youth and/or family member(s) participate in specified counseling, treatment, or educational programs.

(4) Out-patient or in-patient alcohol, drug, or mental health treatment for specified purposes for a specified period of time.

(5) Appropriate releases of information for the court and/or ICW.

(6) Who is financially responsible for the costs of treatment or counseling.

(7) Restitution for the acts of the youth, if the youth has caused damage to property, injury to a person, or if the acts have cost the Tribe financially.

(8) Appoint a guardian for the youth.

(9) Transfer jurisdiction to another Indian tribe upon a showing that the youth is eligible for membership in that Tribe, and a petition has been filed requesting transfer, or upon a showing that the youth is subject to a proceeding in another court, provided that the judges discuss appropriate jurisdiction via the Tribal court established Teague protocol.

(10) Visitation by parties or extended family members as appropriate.

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

(j) Dispositional Order Is Final: The dispositional order constitutes a final order for purposes of appeal.