Forms – Child Protection Rick A. Garcia, Esquire Director – AVCP Tribal Justice
Emergency Custody Petition & Order Emergency Custody Petitions/Orders (ex parte) Emergency custody petitions are used when someone is requesting the Tribal Court hear a child custody case on an expedited basis to ensure the best interests of the child are met Emergency custody orders are short-term orders given for a short- period of time (up to 20 days). Emergency custody require notice to all parties involved (parents, guardians, relatives) and due process considerations must be protected However, if an emergency protective order is granted, a hearing that provides all parties due process and an opportunity to be heard must be held prior to the entry of a long-term or permanent order of protection Emergency Custody Petition & Order
Emergency Custody Petition & Order Who can file an emergency custody petition? 1. Parents 2. Relatives 3. Others? Emergency Custody Petition & Order
Emergency Custody Petition Who can file an emergency custody petition? 1. Parents 2. Relatives 3. Others? Emergency Custody Petition
Emergency Custody Petition
Emergency Custody Petition
Emergency Custody Order * An emergency custody order should be granted for a short-period of time to ensure the safety and best interests of the child. * Generally, if an emergency custody order is granted, a long-term hearing on the matter must be scheduled Emergency Custody Order
Emergency Custody Order * An emergency custody order should be granted for a short-period of time to ensure the safety and best interests of the child. * Generally, if an emergency custody order is granted, a long-term hearing on the matter must be scheduled Emergency Custody Order
Emergency Custody Order
Emergency Custody Order
Emergency Custody Order
NOTICE OF HEARING Notice of Hearing Legal document that advises parties of the date, time, and location of a court case hearing. Notice of hearing should be sent to all parties involved: (1) The Court Clerk, (2) The Plaintiff (petitioner), and (3) The Defendant (respondent)
NOTICE OF HEARING Notice of Hearing How soon should a hearing be scheduled? We want to ensure that a hearing is scheduled in enough time to give participants time to make accommodations with work, school, and family life
NOTICE OF HEARING Notice of Hearing Generally, 14 calendar days from the date that the Notice of Hearing is mailed is considered “reasonable” time for a hearing. For example, if a Notice of Hearing is being sent on October 1st, the ideal hearing date would be after October 15th.
Notice of Hearing
Long Term (Permanent) Guardianship * A guardianship is when a court orders someone other than the child’s parent to (1) have custody of the child, or (2) manage the child’s property, or (3) both Long Term (Permanent) Guardianship
Long Term (Permanent) Guardianship Who can file for guardianship? 1. Parents 2. Relatives 3. Others? 4. Anyone with an interest Long Term (Permanent) Guardianship
Guardianship Petition
Guardianship Petition
Guardianship Petition
Long Term (Permanent) Guardianship Order Considerations: Special instructions/orders Include information regarding annual reports Other important information Long Term (Permanent) Guardianship Order
Guardianship Order
Guardianship Order
Guardianship Order
Guardianship Order
CERTIFICATE OF SERVICE Certificate of Service Certificate of Service is filled out by the Court Clerk when mailing documents to all parties in the case. Certificate of service ALWAYS should accompany notices, orders, or other court documents to prove service was completed
CERTIFICATE OF SERVICE
STATEMENT OF MAILING Statement of Mailing Similar to a Certificate of Service Used by the Tribal Court Clerk to record that documents were sent to parties to a case
STATEMENT OF MAILING
Questions? Questions?