IN THE FAMILY COURT OF THE NAVAJO NATION
______JUDICIAL DISTRICT
IN THE MATTER OF:No. ______
Jane Doe, DOB
John Doe, DOB
Minor Children
AND CONCERNINGORDER FOR TEMPORARY CUSTODY AND SETTING OF DEPENDENCY HEARING
Paul Doe
PennyDoe
Parents,
THE NAVAJO NATION
Petitioner,No. ______
______
THIS MATTER comes before the Court upon the Navajo Nation’s “Motion For Temporary Custody” and a dependency petition. The Court heard testimony on the motion on ______day of ______20__.
FINDINGS
The Court FINDS that, based upon the testimonial evidence, continuation of the child in the home would be contrary to the welfare of the child and it would be in the best interest of the child to make the Jane Doe and John Doe wards of the court and that temporary and legal and physical custody awarded to the Navajo Division of Social Serves (“NDSS”). This finding is supported by the following facts: {in this section list incidents of abuse and neglect by the present care givers}.
THE COURT FURTHER FINDS: That reasonable efforts to prevent removal of the child from the family or that it is reasonable to make no efforts to prevent removal of the child from the family. This finding is supported by the following facts: {in this section of the order if reasonable efforts were made such as counseling, parenting classes, efforts to locate parents etc. list them. A finding of active efforts under ICWA will be more than sufficient since the reasonable efforts standard under IV-E only requires a lesser effort. If a finding that “no efforts need to be taken” needs to be supported, you need to show abuse of the child or previous children by the caregiver such as verbal and physical abuse. Additionally, under the federal IV-E requirements you will need to schedule a hearing within 30 days on whether parental rights need to be terminated. Thus, it is usually better to make a finding that reasonable efforts were taken, if evidence exists to support that conclusion}.
THE COURT FURTHER FINDS: There exists no parent or legal guardian capable of providing the necessary environment for the child.{support finding with deficiency of any non-custodial parent}.
THE COURT FURTHER FINDS: That the children’s current placement is the least restrictive consistent with the needs of the children. (if possible also add that the placement is in close proximity to parents. “Least restrictive” is a requirement of IV-E, as is proximity, but Arizonastate orders omit proximity and the state has not suffered adverse consequences).
ORDER:
Based on the above findings, it is ordered that pending the hearing on the dependency petition, ______, {list children’s names, do not use et al} are made temporary wards of the Court, committed to the care, custody and control of the Navajo Division of Social Services (“NDSS”).
IT IS FURTHER ORDERED, that a Guardian ad litem be appointed for the minor child.
IT IS FURTHER ORDERED that the Foster Care Review Board review this matter within the six months thereafter as long as the child remains in out-of-home care to determine what efforts have been made by the NDSS to carry out the plan for permanent placement. The review period for out-of-home placement includes time the above-named child has been in voluntarily out-of-home placement. The Foster Care Review Board shall share their finding with the parties to this action and this Court.
IT IS FURTHER ORDERED that no person shall remove or cause the removal of the child from Indian Country without the prior written approval of NDSS.
IT IS FURTHER ORDERED that NDSS is authorized to consent for the child to leave the jurisdiction of the court for travel within the United States for a period not to exceed thirty days.
IT IS FURTHER ORDERED that the NDSS that the NDSS is hereby authorized to consent to all medical treatment, dental procedures, psychological/psychiatric evaluations, therapy and all social and educational activities for the child.
IT IS FURTHERED ORDERED regarding the receipt, use and disclosure of protected health information of a child in the NDSS legal custody, consistent with the implementing regulations, 45 C.F.R. 164.502 (g) (3) of the Health Insurance Portability and Accounting Act (HIPPA) and the Navajo Nation Privacy Act, 2 N.N.C. § 81et seq. and in furtherance of the NPSS mandate to obtain and share information under 42 U.S.C. 675 to obtain and share information of a child. This Court designates NDSS as a personal representative of ______(children’s names). NDSS and its attorney may obtain and share this information as authorized by law without further authorization of the parent or this Court.
IT IS FURTHER ORDERED that the Court sets a Preliminary Hearing for the ______th day of______2007 at ______a.m. to be held at ______. (name court and location) {please note that a finding must be made that reasonable efforts were made to reunite family within 60 days After child’s removal. Thus if not made pursuant to motion for temp custody needs to be made at preliminary hearing within 60 days}.
IT IS FURTHER ORDERED that the Court sets a Shelter Care Hearing ______th day of ______2007 at ______a.m. to be held at ______. (name court and location ).
IT IS FURTHER ORDERED that the Court sets an adjudicatory Hearing ______th day of ______2007 at ______a.m. to be held at ______. (name court and location ).
SO ORDERED this _____day of______, 20____.
______
NAVAJO NATION FAMILY COURT JUDGE
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