Section YAE.04.01 — Starting An Action For Termination Of Parental Rights.

(a) Petition: A proceeding to terminate parental rights shall be initiated by filing a petition with the Court. The petition shall include:

(1) The name, birth date, residence, and tribal status of the youth who is the subject of the petition;

(2) The name, birth date, residence, and tribal status, if known, of the Youth's parent(s), guardian or custodian;

(3) If the youth is residing with someone other than a parent, the location and length at that location; and

(4) A concise statement of the facts and reasons supporting request that parental rights be terminated.

(b) Setting the Hearing: When the Court receives the petition, it shall set a date for the termination hearing, which shall not be more than sixty (60) days after the Court receives the petition.

(c) 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. Service shall be executed by tribal law enforcement, the court clerk or other person designated to perform this duty. 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 youth;

(2) The youth's parent(s), guardian or custodian;

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

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

(d) Pre-termination Report - Preparation: The Indian Child Welfare Worker, in consultation with the Social Services Staff and/or Child Protective Board, shall prepare a pre-termination report. In preparing the report the Indian Child Welfare Worker shall consult with the Youth╒s parents, guardian, or custodian and all social services, health, law enforcement and education personnel who have had prior professional contacts with the youth and his or her parent(s), guardian or custodian to determine whether termination of parental rights would be in the best interest of the youth. The Indian Child Welfare Worker may also review any pertinent court record. In addition, the Indian Child Welfare Worker must obtain from the Stockbridge-Munsee Tribal Council any recommendation it may have as to disposition and any other relevant issues. The pre-termination report shall be in writing and contain the professional opinion of all personnel consulted.

(e) Pre-termination Report - Service: The Indian Child Welfare Worker shall mail the pre-termination report to the Court and all parties to the proceeding, at least ten (10) days before the hearing.

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

(g) Termination Hearing - Purpose: The Court shall conduct the termination hearing to determine whether termination of parental rights is in the best interest of the youth.

(h) Termination Hearing - Conduct: The hearing shall be private and closed. The following procedural rules apply, Subsections YAE.02.16(f) - (j) of Chapter YAE.02.

(1) The Court shall hear testimony to determine whether termination of parental rights is in the best interest of the youth. The Court shall consider all pre-termination reports submitted for review.

(2) All parties shall be given the opportunity to contest the factual contents and conclusions of the pre-termination reports.