53.06.010 Preliminary Hearing

(a) Upon receiving a Section 53.05.010 Petition, the Tribal Court shall schedule a Preliminary Hearing. The Preliminary Hearing shall address the allegations of the Petition and Examiner's report and shall determine the Respondent's need for detainment, additional psychological examination, or involuntary psychological or other treatment services. A Preliminary Hearing must be scheduled either:

(1) Within four days of being detained or forty-eight (48) hours, excluding weekends and holidays, of receiving the Expert report specified in Section 53.05.030(f), whichever is sooner, if the Respondent is detained under Section 53.05.020(d); or

(2) Within seven (7) days of receiving the expert report specified in Section 53.05.030(f), excluding weekends and holidays, if the Respondent is not detained.

(b) During the Preliminary Hearing:

(1) The Petitioner and the Respondent must be afforded an opportunity to testify;

(2) The Petitioner and Respondent must be afforded the opportunity to present and cross-examine witnesses; and

(3) The Tribal Court may receive the testimony of any other interested person.

(c) If, at the conclusion of the Preliminary Hearing, the Tribal Court does not find probable cause to believe that the individual is a person requiring treatment, the petition must be dismissed and, if the individual has been detained, the individual must be ordered discharged.

(d) If, at the conclusion of the Preliminary Hearing, the court finds probable cause continues to exist for the Petition, the court may:

(1) Order the Respondent detained for up to fourteen days in an involuntary treatment facility; or

(2) Order the Respondent undergo up to fourteen days in a less restrictive treatment alternative (e.g. follow medical advice, begin a treatment program, etc.).

The Court shall order the least restrictive treatment necessary to ensure the continued well-being of the Respondent and others who are likely to be affected by the Respondent's condition.

(e) The court shall specifically state to the Respondent and give written notice that if involuntary treatment beyond fourteen (14) days is to be sought, the Respondent will have the right to a Treatment Hearing as described Section 53.06.020 below.

(f) If a qualified mental health professional at the facility at which the Respondent is receiving treatment determines that the Respondent no longer requires commitment to the facility before the end of the ordered period, he or she must notify the Court and request review of the Respondent's case.