Section YAE.03.02 — Guardianship Hearing.

(a) Setting the Hearing: When the Court receives the petition it shall set a hearing date, which shall not be more than thirty-five (35) calendar days after the Court receives the petition.

(b) Notice of Hearing: Notice of hearing shall be served on all parties in the manner specified under Section YAE.01.12 of Chapter YAE.01. Notice shall be served at least twenty (20) days prior to the date of the hearing. The notice shall include: the name of the court; the date of the hearing; the time and place of the hearing; the purpose of the hearing; and a copy of the petition. Notice shall be served on:

(1) The proposed ward;

(2) The youth's parent(s), if the proposed ward is under 18 years of age;

(3) The Presenting Officer or Tribe's Legal Office, if the proposed ward is under 18 years of age;

(4) Any person the Court deems necessary for proper adjudication; and

(5) Any person the parties believe necessary for the hearing.

(1) Proposed ward over 18 years of age:

(A) The Tribal Court shall appoint or approve a guardian ad litem. The guardian ad litem shall prepare a report regarding the proposed guardianship, and serve the report to the Court and to all interested parties 5 calendar days prior to the hearing. The guardian ad litem shall consult with the petitioner, other family members as appropriate, health and social service personnel who have had prior professional contacts with the proposed ward to determine whether appointment of a guardian would be in the best interests of the proposed ward. The guardianship report shall be in writing and contain the professional opinions of all personnel consulted.

(B) The Court may alternatively use the services of a licensed social worker to perform the duties of the guardian ad litem.

(2) Proposed ward under 18 years of age.

(A) The Indian Child Welfare Worker shall prepare a guardianship report. The Indian Child Welfare Worker shall serve the report to the Court and to all interested parties 5 calendar days prior to the hearing. In preparing the report, the Indian Child Welfare Worker shall conduct a complete home study and shall consult with the youth's parent(s), all health, education and social service personnel who have had prior professional contacts with the youth, and with the petitioner(s) to determine whether appointment of a guardian would be in the best interests of the youth. The Indian Child Welfare Worker may also review the child's previous court record, if any. In addition, the Indian Child Welfare Worker must obtain the recommendation, if any, of the Stockbridge-Munsee Community Tribal Council as to the disposition and any other relevant issues. The guardianship report shall be in writing and contain the professional opinions of all personnel consulted.

(B) The Court may alternatively use the services of a licensed social worker to perform the duties of the Indian Child Welfare worker.

(d) Additional Reports: Any party may file a report which shall include his or her recommendations for consideration by the Court.

(e) Guardianship Hearing - Purpose: The Court shall conduct the hearing to determine whether appointment of a guardian is in the best interest of the proposed youth.

(f) Guardianship Hearing - Conduct: In the cases of the proposed ward being under the age of 18 years old, the hearing shall be private and closed. The following procedural rules apply, Section YAE.02.08, (F)-(O) of Chapter YAE.02.

(1) Testimony and evidence shall be presented to determine whether guardianship is in the best interest of the proposed youth. The Court shall consider all guardianship reports submitted for review.

(2) All parties shall be given the opportunity to contest the factual contents and conclusions of the guardianship reports and other medical reports.