Section YAE.05.03 — Adoption Hearing.

(a) Setting the Hearing: When the Court receives the petition for adoption, it shall set a date for the adoption hearing, which shall not be more than sixty (60) days after the Court receives the petition, unless extended for good cause shown.

(b) Notice of Hearing: Notice of hearing shall be served on all parties in the manner specified under Subsections YAE.02.16(f) - (j) of Chapter YAE.02. 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 petitioner(s);

(2) The youth;

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

(4) The Presenting Officer;

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

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

(c) Pre-Adoption Report: The Indian Child Welfare Worker, in consultation with the Social Services Staff, shall prepare a pre-adoption report. In preparing the report, the Indian Child Welfare Worker shall conduct a complete home study including all information reasonably available concerning:

(1) The physical and mental condition of the youth, the petitioner(s) and the petitioner(s)' family;

(2) The parent(s) of the youth;

(3) The home environment, family life, health facilities and resources of the petitioner(s);

(4) The youth's cultural heritage and tribal status;

(5) The marital status of the petitioner(s), if married, and divorce, if any. The names and ages of other children, both natural and adopted, of the petitioner(s);

(6) The recommendation, if any, of the Stockbridge-Munsee Community Tribal Council regarding the adoption; and

(7) Any other facts and circumstances relating to the propriety and advisability of the adoption as may be required by the Court.

When the petitioner(s) is a member of the youth's extended family, the Court, in its discretion, may waive the formal written requirements for the pre-adoptive report and require only such oral information from the Indian Child Welfare Worker and Social Services Staff as the Court deems necessary.

(d) Pre-Adoption Report - Service: The Indian Child Welfare Worker shall mail the pre-adoption report to the Court and all parties to the proceedings at least ten (10) days before the hearing.

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

(f) Adoption Hearing - Purpose: The Court shall conduct the adoption hearing to determine whether adoption is in the best interest of the youth.

(g) Adoption Hearing - Conduct: The hearing shall be private and closed. The following procedural rules apply, Section 8.8 (F)-(O) of Chapter YAE.02.