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A. After receipt of the guardianship petition, the Department of Social Services shall prepare a home safety report and after the initial hearing, the Department of Social Services shall prepare a guardianship report, criminal history report, and good standing report.

B. The home safety report shall be filed with the Tribal Court within five (5) calendar days of the Department of Social Services receipt of the guardianship petition, unless extended by the Tribal Court. The home safety report shall focus on the safety of the protected individual in staying in their current home during the duration of the guardianship case, and shall contain the following information:

1. The date of the Department of Social Services’ visit to the protected individual’s home;

2. Contact information for the Department of Social Services’ employees that visited the protected individual’s home;

3. The names, ages, and contact information of all people residing in the protected individual’s home;

4. A general description of the protected individual’s home;

5. An explanation of any safety concerns for the protected individual to temporarily stay in the home;

6. Any recommendations to cure the safety concerns, if applicable.

C. The guardianship report shall be filed with the Tribal Court within thirty (30) calendar days after the initial hearing, unless extended by the Tribal Court. The guardianship report shall focus on investigating and interviewing each potential guardian to determine if the potential guardians are fit to serve as a guardian, and shall contain the following information:

1. The date that each potential guardian was interviewed;

2. The qualifications and moral character of each potential guardian;

3. The wishes of the protected individual, with consideration of the protected individual’s age and mental capacity;

4. The wishes of all interested parties, with consideration of any concerns with respect to age, mental capacity, or alternative motivations;

5. The placement of the protected individual’s siblings, if the protected individual is a child;

6. The ability of the potential guardians to fulfill the requirements and responsibilities of becoming a guardian, including, but not limited to, the ability to provide for housing, necessities of life, a stable environment, and medical and financial needs; to assist with schooling; to exercise proper care and control of individuals; to comply with court orders; to facilitate visitations with parents or relatives; and to facilitate participation in the individual’s culture;

7. Any preexisting relationships between the protected individual and the potential guardians; and

8. Recommendations on the best placement for the protected individual.

D. The criminal history report shall be filed with the Tribal Court within five (5) calendar days of the Department of Social Services’ receipt of the reports obtained pursuant to subsections (D)(1) and (D)(2) of this section, unless extended by the Tribal Court.

1. The Department of Social Services shall secure the criminal history information from the FBI for all potential guardians and any adult living in the potential guardian’s home.

2. The Department of Social Services shall obtain, from the Clerk of the Court, a report of all violations of the Peace and Security Act of 2020, and any other similarly situated tribal law, for all potential guardians and any adult living in the potential guardian’s home.

E. The good standing report shall be filed with the Tribal Court within thirty (30) calendar days after the Initial Hearing, unless extended by the Tribal Court. The good standing report shall:

1. Designate whether each potential guardian and the adults living in each potential guardian’s home are in good standing with the Tribe;

2. Provide a statement for any potential guardian that is not in good standing with the Tribe on whether their good standing status may be restored prior to appointment of a guardian; and

3. Provide a statement for any adult living in a potential guardian’s home that is not in good standing with the Tribe on whether the adult intends to remain in the potential guardian’s home and whether the adult’s good standing status may be restored prior to appointment of a guardian.

F. The Chairperson may contract with third parties for the investigation and/or creation of any report required under this section. Any third party providing services pursuant to this section shall ensure the timely completion of the applicable report. (Res. 2023-60)