53.06.020 Treatment Hearing

(a) The Treatment Hearing, unless waived by the Respondent or the Respondent has been released as a person not requiring further treatment, must be held within fourteen (14) days, excluding weekends and holidays, of the Preliminary Hearing.

(b) The Tribal Court shall personally serve written notice of the date, time, and place of all hearings upon the Respondent. The notice shall include the alleged grounds for confinement, the standard of proof, and the Respondent's right to:

(1) Chose to hire an attorney of their choice, at their own expense;

(2) Be present at the hearings in person;

(3) Testify, present documentary evidence, call witnesses and ask questions of all witnesses; and

(4) Obtain additional examinations.

(c) The Respondent's counsel, any guardian, the Respondent's closest relative, and any person designated by the Respondent to receive notice may be served by mail, facsimile, or email with notice of hearings, motions, orders and other documents.

(d) Treatment Hearing:

(1) A Treatment hearing shall be tried as a civil matter and conducted in an informal manner;

(2) The Petitioner must prove by clear and convincing evidence that the Respondent is in need of further involuntary treatment;

(3) The Judge shall not be bound by rules of procedure or evidence applicable in other civil proceedings. The judge shall admit and consider all relevant evidence presented at the contested hearing and shall take judicial notice of the file;

(4) All efforts must be made by the Court and other involved parties to have the Respondent be physically present in the Courtroom;

(5) Petitioner and the Respondent must be afforded an opportunity to testify and to present and cross-examine witnesses;

(6) The court may receive the testimony of any other interested person;

(7) All individuals not necessary for the conduct of the proceeding must be excluded, except that the court may admit individuals having a legitimate interest in the proceeding;

(8) The Tribal Court shall have the power to issue subpoenas to compel the testimony of witnesses or the production of books, records, documents, or any other physical evidence related to the determination of the case. In the absence of justification satisfactory to the Tribal Court, a person who fails to obey a subpoena may be cited and held in contempt; and

(9) There is a presumption in favor of the Respondent, and the burden of proof in support of the petition is upon the Petitioner.

(e) If, upon completion of the hearing, the court finds that the petition has not been sustained by clear and convincing evidence, the court shall deny the petition, terminate the proceeding, and order that the Respondent be discharged if the Respondent is currently detained in a treatment facility.

(f) If, upon completion of the treatment hearing, the Tribal Court finds by clear and convicting evidence that the Respondent continues to meet either the danger to self or others or the gravely disabled standard, or both, as described Section 53.04.020 of this title, and no less restrictive alternative exist, the Tribal Court may order:

(1) Commitment to an inpatient treatment program as directed by the Court. The Order shall state that the Respondent meets the criteria for civil commitment under the laws of the Turtle Mountain Band of Chippewa Indians;

(2) Commitment to community placement with attendance at appropriate outpatient services and other court ordered requirements as recommended by the Examiner and the Turtle Mountain Rehabilitation and Counseling Board;

(3) Monitoring and supportive services as recommended by the Turtle Mountain Rehabilitation and Counseling Board;

(4) Further assessment, if necessary;

(5) Authorize the exchange of records between treatment providers and to the Court and Tribal attorney.

(g) An order for involuntary inpatient treatment may not exceed ninety (90) days and an order for involuntary outpatient treatment may not exceed one hundred and eighty (180) days. The Order must detail the basis for the Court's treatment decision. The Order must clearly state that the case will be reviewed at the end of the ninety or one hundred eighty-day treatment period.

(h) If a qualified mental health professional at the facility at which the Respondent is committed 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.