53.05.020 Preliminary Court Proceedings

(a) Upon receiving the Petition, and, when applicable, the supporting investigatory report under Section 53.05.010(c), the Tribal Court Judge shall examine the petition to determine whether it complies with the requirements of Section 53.05.010(a) and whether it establishes probable cause to believe that Respondent is a person requiring treatment. Probable cause shall exist if, based on the Petition and, if applicable, the supporting investigatory report, the Court determines the Respondent meets the standards described in Chapter 53.04.

(b) If probable cause has not been so established, the petition must be dismissed, unless an amendment would cure the defect.

(c) If probable cause has been established, the Tribal Court may:

(1) Enter an emergency ex-parte order for immediate apprehension and detention of the Respondent in a Treatment Facility, if the Court determines the Respondent presents an immediate safety concern to himself or others; or

(2) Enter an ex parte order for the Respondent to remain in the community and co-operate with all procedures and services related to the matter.

(d) If the court issues an emergency order for apprehension and detention of the Respondent under subsection (c)(1), a law enforcement officer, or other designated tribal official, shall personally serve the Respondent with:

(1) a copy of the petition and supporting documentation;

(2) a copy of the detention order;

(3) a notice of the Respondent's right to a preliminary and a treatment hearing;

(4) the right to be present at the hearings; a written statement of the Respondent's right to an attorney at any hearings or court ordered examination;

(5) the right to an independent evaluation; and

(6) a copy of the notification of Respondent's rights as described in Section 53.04.040(c).

The law enforcement officer shall orally inform the Respondent that they are being taken into custody as a result of the petition. The Court shall also cause for a copy to be served upon the Respondent's counsel, any guardian, the Respondent's closest relative, and any person designated by the Respondent to receive notice.

(e) If the court issues an order for the Respondent to remain in the community and co-operate with all procedures and services, a law enforcement officer, or other designated tribal official, shall personally serve the Respondent with:

(1) a copy of the petition and supporting documentation;

(2) a notice informing the Respondent of all procedures required by this chapter;

(3) a notice of the Respondent's right to a preliminary and treatment hearing;

(4) the right to be present at the hearings and any court ordered examination;

(5) a written statement of the Respondent's right to an attorney at any hearings or court ordered examination;

(6) the right to an independent evaluation; and

(7) a copy of the notification of Respondent's rights as described in Section 53.04.040(c).

The Court shall also cause for a copy to be served upon the Respondent's counsel, any guardian, the Respondent's closest relative, and any person designated by the Respondent to receive notice.