The Confederated Tribes of the Grand Ronde Community of Oregon [Ordinances]

	DATE ORIGINALLY ADOPTED: 4-11-89
	SUBJECT: INDIAN CHILD WELFARE
	RESOLUTION NUMBER: 055-93
	AMENDED: 4-11-89; 11-7-89; 7-7-93; 7-17-96, 1-15-03

INDIAN CHILD WELFARE ORDINANCE

(a) PURPOSE AND POLICY:

(1) Purpose: The purpose of this Ordinance is to assure the future of the Confederated Tribes of the Grand Ronde Community of Oregon by establishing procedures to protect the best interests of Grand Ronde children and of the Tribe and its customs and culture, as required by Article W of the Grand Ronde Constitution. Recognizing that Indian children are a tribe's most important resource and vital to the Tribe's continuing existence, the Confederated Tribes of the Grand Ronde Community of Oregon established this code as a means of protecting the health, welfare, languages, customs and traditions for all future generations.

(2) Policy: In child welfare matters, it shall be the policy of the Confederated Tribes of the Grand Ronde Community of Oregon to:

(A) Protect the best interests of Grand Ronde children by:

(i) Preventing, the unwarranted breakup of Grand Ronde families;

(ii) Maintaining the connection of Grand Ronde children to their families, the Tribe, and the Tribal Community, when appropriate, and

(iii) Promoting the stability and security of the Tribe by establishing Tribal standards for appropriately handling situations involving youth-in-need-of-care and other proceedings involving Grand Ronde children.

(A) Preserve the opportunity for Grand Ronde children to learn about their distinct and unique culture and heritage, and to become productive adult members of the Grand Ronde Tribal community, by insuring that Grand Ronde children have a meaningful opportunity to experience their culture on a permanent basis;

(B) Encourage, guide, assist, and compel if necessary, the parent, guardian, or custodian of a Grand Ronde child to provide a safe and nurturing environment for the child;

(C) Establish a judicial process whereby the Tribe is able to protect the health, welfare, and safety of Grand Ronde children, and other children within its jurisdiction, which process may include the provision of substitute care and supervision for children who are in need of such care, and provision of services to parents seeking return of their children from substitute care;

(D) Ensure Grand Ronde children reside in an adequate physical and emotional environment that will protect and promote the health, safety, and development of all Grand Ronde children;

(E) Provide child welfare services in accordance with the traditions, laws and cultural values of the Tribe, to Grand Ronde children and their families;

(F) Utilize, as applicable, the Tribe's Family Unity Model approach in efforts to prevent the unwarranted breakup of Indian families, or to reunify and otherwise assist Grand Ronde families in strengthening and preserving cultural and tribal identity.

(b) DEFINITIONS: Terms under this Ordinance shall be liberally construed so as not to limit the jurisdiction of the Court over Grand Ronde children, and to facilitate the authority of the Court to act to protect the interests of Grand Ronde children and their families. When interpreting terms not defined by this Ordinance, the Court shall take into consideration Tribal laws, customs, and traditional child-rearing practices. Unless in conflict with applicable tribal law, terms not specifically defined in this Ordinance shall be defined according to their normal usage, or as defined in the Indian Child Welfare Act (25 U.S.C. § 1901-1963); Title IV-B and Title IV-E of the Social Security Act (42 U.S.C. §620 et seq. and 42 U.S.C. §670 et seq; respectively); the Adoption and Safe Families Act (ASFA) ( P.L. 105-89); and the BIA Guidelines to the federal law; and any applicable federal law. As used in this Ordinance, the terms listed below shall have the following meaning:

(1) "Abandonment": The failure of the parent, legal guardian, or custodian, without good cause, to provide reasonable support for, and to maintain other contact with a child for a substantial period of time.

(2) "Abuse": Any of the following, taken together or separately, may constitute abuse:

(A) the infliction of physical, emotional, or mental injury on a child, including sexual abuse or sexual exploitation;

(B) failing to maintain reasonable care and treatment of a child;

(C) exploiting or overworking a child to such an extent that the child's health or well-being is endangered;

(D) subjecting the child to excessive physical discipline;

(E) failing to protect the child from abuse;

(F) failing to provide a safe environment for the child free from persons who may harm the child; or

(G) allowing a child to knowingly ride in a vehicle operated by a person whose driving abilities are impaired by alcohol or drug usage.

(3) "Adjudication": The process by which the allegations in the Petition are found to be true, or not true, by the Judge, in the course of an evidentiary hearing.

(4) "Administrative Review": In accordance with the requirements of the Social Security Act, as amended by PL 96-272 (42 U.S.C. 620 et seq.), the Community Review Board shall implement a case review system to review the case plan and the placement of each child receiving foster care maintenance payments. Case reviews shall be held at least once every six months.

(5) "Adult": A person eighteen (18) years of age or older, or a person emancipated by order of a court of competent jurisdiction, or by legal marriage.

(6) "Best Interests of the Child": The preservation of the connection, or the creation of such a connection if one does not currently exist, between a Grand Ronde child and the child's culture, family, and Tribe in a stable setting where the usual and special needs of that child may be met; where the child is secure, and safe; where the child is emotionally, physically, socially, and spiritually healthy, and academically enriched.

(7) "CASA": A Court-Appointed Special Advocate.

(8) "Case Plan": A written document for each child under the jurisdiction of the Court prepared by the ICW Program, and with the family whenever possible. The plan shall include a detailed description of the services to be provided to the family along with the duties, responsibilities and consequences regarding both the ICW program and the family The plan must be designed to reunite the family, and may contain, if appropriate, a concurrent, alternative permanent plan for the child in the event the child does not return to parental care.

(9) "Case Review" : A procedure for periodically reviewing the status of each child in foster care in accordance with the requirements of applicable law or Tribal Court order.

(10) "Child": A person who is less than eighteen (18) years old who has not been emancipated by order of a court of competent jurisdiction or by legal marriage.

(11) "Community Review Board": A board of at least three (3) Tribal Members, appointed by the Chief Judge, from a slate of Tribal Members approved by the Tribal Council, to review the cases of children in Tribal custody and to make recommendations to the ICW Program and the Court.

(12) "Contempt of Court": Any willfully disobedience of; or interference with, any order of the Court.

(13) "Custodian": Any person who has physical custody of a child under Tribal law or custom, or under state law, or to whom temporary physical care, custody, and control has been transferred by the child's parent, and who is providing food, shelter, and supervision to the child.

(14) "Dependency Case": A case in which the child is alleged to be, or has been found by the Court to be, a "Youth-in-Need-of-Care."

(15) "Dependent Child": A child who has been found by the Court to be a "Youth-in-Need-of-Care."

(16) "Disposition": The determination by the Court of a plan for the child, which plan includes, but is not limited to, legal custody, physical custody, placement, and services to the child, parents, and family.

(17) "Domicile": A person's legal home or main residence in which the person resides or to which the person intends to return. The domicile of a child is generally that of the custodial parent or legal guardian.

(18) "Extended Family": A relative or a person who is the child's co-parent not married to a parent, member of a step-family, godparent, or any other person who can establish a significant familial-type relationship to the child.

(19) "Family Unity Model": The model used by the Tribe's Social Service Department that is designed to empower families by making them an intricate part of the decision making and planning process. This model promotes self-sufficiency and positive lifestyle choices. In this process, both the family and service providers identify the needs of the family and develop a case plan that recognizes and builds on their strengths.

(20) "Father": See "Parent."

(21) "Foster Care": Substitute family care for a child who has been voluntarily or involuntarily removed from parental care.

(22) "Grand Ronde Child": Any child who is an enrolled member of; or is eligible for enrollment in, the Confederated Tribes of the Grand Ronde Community of Oregon.

(23) "Guardian": See "Legal Guardian."

(24) "Guardian ad-litem": An adult appointed by a court of competent jurisdiction to represent a child, for the protection of the best interests of the child, in any proceeding in which the child may be a party.

(25) "ICW Program": See Indian Child Welfare Program.

(26) "Incompetent": A person who has been found by a court of competent jurisdiction to be mentally or physically incapable of caring for him/herself.

(27) "Indian": Any member or person eligible for membership in a federally recognized Indian Tribe, band or community, or an Alaska Native who is a member of a regional corporation as defined in 43 U.S.C. § 1606.

(28) "Indian Child Welfare Program": The Tribe's Social Service Department charged with protecting Tribal children and serving their families.

(29) "Intervenor": A person, not the child or parent in a case, who has been allowed by the Court to intervene and has been granted certain rights.

(30) "Legal Guardian": A person, not the child's parent, who is legally vested with the power and responsibility to care for the child and/or the child's property.

(31) "Mother": See "Parent".

(32) "Neglect": Any of the following, taken together or separately, may constitute neglect: 1) failure of the parent, guardian, or custodian to provide adequate food, clothing, shelter, medical care, education, or supervision for the child's health, safety, and well-being; 2) failure of the parent, guardian, or custodian to take advantage of reasonably available public assistance and service programs designed to meet such needs when the parent, guardian, or custodian cannot meet those needs without assistance.

(33) "Parent": Includes: a biological or adoptive mother, legal or adoptive father of the child, but does not include persons whose parental rights to the child have been terminated; or an unwed father whose paternity has been legally acknowledged or who is otherwise established as a legal father. A married man cohabiting with his wife, the mother, is irrefutably presumed to be the legal father of a child conceived during the marriage, absent DNA or blood evidence to the contrary. Unless DNA testing, blood evidence or legal documents establish otherwise, children born to a married couple are presumed to be the biological off spring of the husband. A married man not cohabiting with his wife, the mother, is presumed to be the legal father of a child conceived during the marriage; but that presumption can be rebutted.

(34) "Parental Care": Care of a child by a parent, guardian, or custodian.

(35) "Party": The parent, child, or Tribe to whom certain rights accrue, including, but not limited to, with certain restrictions and limitations: the right to be notified of proceedings; to retain counsel or, in some cases, to secure Court-appointed counsel or Court-approved spokesperson; to appear and present evidence; to call, examine, and cross-examine witnesses; the unlimited or restricted right to discovery and the inspection of the records; and the right to request a hearing or appeal a final order.

(36) "Relative": Any person who is the child's parent, step-parent, grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or anyone deemed by the ICW Program to have established a significant familial-type relationship with the child.

(37) "Review": See "Case Review."

(38) "Shelter Care": A home or other living facility used as a short-term living place for a child pending return to the child's family, or placement in foster care or other out-of-home care.

(39) "Significant Familial-Type Relationship": An ongoing personal relationship with the minor child that began at least (12) twelve months before the filing of the motion to intervene, or since the birth of the child, if the child is less than (12) twelve months old, and has continued to the filing date, and in which the moving party has

(A) had physical custody of the child or has resided in the same household as the child;

(B) supplied, or otherwise made available to the child, food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline; and

(C) through interaction, companionship, interplay and mutuality, helped fulfill the child's psychological needs for a parent as well as the child's physical needs.

(40) "Spokesperson": A person approved by the Court to speak for a parent or an older child, or to speak to the best interests of a younger child.

(41) "Tribe": The Confederated Tribes of the Grand Ronde Community of Oregon.

(42) "Tribal Child": See "Grand Ronde Child."

(43) "Youth-in-Need-of-Care": A child who has been found by the Tribal Court to be abandoned, abused, or neglected, or is otherwise in need of Tribal services to prevent the break-up of the child's family.

(c) GENERAL JURISDICTION OF THE TRIBAL COURT: The jurisdiction of the Tribe shall extend to child welfare matters involving all Grand Ronde children, wherever located.

(d) DUTY TO INVESTIGATE AND REPORT ABUSE AND NEGLECT:

(1) Basis of Investigation and Report: The ICW Program, shall immediately investigate all allegations of abuse, neglect, and abandonment, and if appropriate, shall proceed according to the provisions of this Ordinance.

(2) Persons Required to Report: Persons who have reasonable cause to suspect that a child has been abused, neglected, or abandoned shall report the matter to the ICW Program or another appropriate Tribal or other governmental agency responsible for investigating allegations of abuse or neglect. Those persons required to report suspected abuse or neglect include any physician, physician's assistant, psychologist, psychiatrist, mental health counselor, nurse, nurse's aide, nurse practitioner, midwife, dentist, dental assistant, hygienist, optometrist, or any medical or mental health professional; school principal, school teacher, or other school official; social worker; child day care center worker, or other child care staff including foster parents, residential care or institutional personnel; peace officer, or other law enforcement official; judge, attorney, court counselor, clerk of the Court, or other judicial system official. The Tribal Court may issue sanctions against individuals who are required, but fail to report abuse in accordance with this ordinance.

(3) Other Persons Reporting: Any person may make a report of suspected abuse or neglect to the proper Tribal officials.

(4) Anonymity: Unless required to report by applicable law, persons reporting alleged incidents of child abuse, neglect or abandonment may remain anonymous if the Court so determines that justice will not be compromised by anonymity.

(5) Immunity from Liability: All persons or agencies reporting in good faith, and with reasonable grounds, known or suspected instances of abuse or neglect, shall not be subject to civil liability or criminal prosecution in Tribal Court.

(e) RECORDS MAINTENANCE AND PROTECTION:

(1) Court Records: A record of all hearings under this Ordinance shall be made and preserved.

(2) Secure Placement: All Court records included within this section shall be kept in a secure place by the Tribal Court Administrator, and shall be released only pursuant to procedures developed by the Chief Judge of the Court. No other release of information shall be permitted without an order of the Court.

(3) Destruction of Records: All records of the child shall be sealed, and, excepting adoption records, may be destroyed by order of the Court, absent good cause not to do so. The Court shall notify the ICW Program of its intent to destroy records, and the ICW Program shall notify the Court of its objections, if any.

(f) CONFIDENTIALITY OF COURT FILES:

(1) Confidentiality: All Court records, files, documents and other related information associated with a dependent child proceeding including, but not limited to: the acknowledgment that a case is before the Court; the release of any identifying information (i.e., the names of children, families, or witnesses involved in proceedings); and the substance of a hearing or order or Court file, are confidential and are not accessible for public inspection except as follows:

(A) By a law enforcement agency or child protective agency for the purpose of subsequent investigation of child abuse;

(B) By the attorney of record or CASA for the child, for use in a dependency proceeding involving the child;

(C) By the child, the child's parent or legal guardian, or by the attorney of record, for use in a dependency proceeding involving the child;

(D) By the ICW Program or his/her representative or legal counsel, for use in a dependency proceeding involving the child;

(E) By a physician, psychologist, therapist, counselor, or other professional engaged for the purpose of providing examination, care or treatment of a child in a dependency proceeding;

(F) By Court personnel;

(G) By a permanent foster care provider, for use in a dependency proceeding involving the child; and

(H) By Court approved intervenors.

(1) Contempt of Court: No Court records or other confidential information shall be viewed or disseminated except as provided herein. Any person who receives or views documents or other information pursuant to this provision shall maintain the confidentiality of such information. Failure to abide by this restriction shall constitute contempt of Court.

(g) MEDICAL EXAMINATIONS: The Court may order a medical, dental, psychological, psychiatric, or other professional examination of a child or any other party or person before the Court if it is determined pursuant to a hearing that the party's or person's medical, dental, psychological, or psychiatric health are relevant to the issues before the Court. Such examination shall be paid for by the parties if they can afford it, and if not, by the Tribe, provided; however the Tribe shall not be required to pay for such examinations and/or evaluations unless the funds have been appropriated to do so.

(h) PAYMENT OF FEES AND EXPENSES: There shall be no fee for filing a petition under this Ordinance nor shall any fee be charged by any Tribal officer for the service of process or for attendance in Court in any such proceedings. Witness fees shall be paid in accordance with the rules of this Court.

(i) PARENTAL RESPONSIBILITY:

(1) Parent as Party: The parent of a child alleged, or found to be, a Youth-in-Need-of-Care is a party to the case.

(2) Dispositions: The Court may order the parent to submit to services and other requirements, including, but not limited to: medical evaluation; psychological/psychiatric testing, assessment, and treatment; alcohol/drug assessment and treatment; visitation; cooperation with the ICW Program; compliance with a case plan and/or service agreement; and cooperation with, and participation in, any and all services in which the child is engaged, including on-site residential or institutional services.

(3) Cost of Support: If the Court determines that the parent, guardian, or custodian is financially able to do so, the Court may order him/her to pay all or part of the support or treatment costs for the child and/or parent and for the Court proceedings, if the child is found to be a Youth-in-Need-of-Care and is placed in the legal custody of the ICW Program, whether or not the child is placed out of parental care.

(j) INTERVENTION:

(1) Who May File for Intervention: Any relative, extended family member, or permanent or long term foster parent may file a motion for intervention with the Court having jurisdiction over the custody, placement, guardianship, or wardship of a child.

(2) Dismissal of Petition: A motion for intervention may be dismissed on the motion of any party or on the Court's own motion if the motion to intervene does not state a prima facie case of establishment of a significant familial-type relationship with the child. The motion to intervene must also allege facts to support that the intervention is in the best interests of the child.

(3) Granting Intervention: If the Court determines by clear and convincing evidence that a significant familial-type relationship exists, and that intervention is in the best interests of the child, the Court shall allow the motion for intervention.

(A) Rights of Intervenor: The Court will determine, in the best interests of the child, what rights similar to those of a party shall be extended to an intervenor, including, but not limited to, the rights of discovery, counsel, examination of the record and witnesses, custody, and visitation.

(B) Custody and Visitation: If the Court determines that custody, guardianship, right of visitation, or other generally recognized right of a parent, is appropriate in the case, the Court may grant such custody, guardianship, right of visitation or other right to the person, if to do so is in the best interests of the child. The Court may determine temporary custody of the child or temporary visitation rights under this paragraph pending a final order.

(4) Denying Intervention: If the Court denies intervention, but determines that an ongoing personal relationship exists and that visitation or contact rights are in the child's best interest, the Court may grant visitation or contact rights to the person having the ongoing relationship if to do so is in the best interests of the child. The Court may order temporary visitation rights under this section pending a final order.

(5) Definition of "On-Going Personal Relationship": As used in this section an "ongoing personal relationship" means a relationship with substantial continuity, through interaction, companionship, interplay, and mutuality.

(k) STANDARDS OF PROOF:

(1) Adjudicatory Hearing for Youth-in-Need-of-Care: In an adjudicatory hearing to determine if a child is a Youth-in-Need-of-Care the standard of proof shall be clear and convincing evidence.

(2) Return of Custody: In a hearing in which a parent, guardian, or custodian, seeks return of a child from a legal guardianship or permanent foster care, the standard of proof shall be clear and convincing evidence.

(3) Legal Guardianship and Adoption: In a hearing to appoint a legal guardian or approve an adoption, the standard of proof shall be clear and convincing evidence.

(4) Termination of parental Rights: In a hearing to terminate parental rights, the standard of proof shall be proof beyond a reasonable doubt.

(5) Revocation of Consent or Release and Surrender: In a hearing to revoke consent or Release and Surrender for adoption, the standard of proof shall be clear and convincing evidence.

(6) Transfer of Jurisdiction: In a hearing to determine whether or not to accept a transfer jurisdiction from state court to Tribal Court, the standard of proof shall be clear and convincing evidence.

(7) Contempt: In a hearing to determine whether or not a person is in contempt of Court, the standard of proof shall be clear and convincing evidence.

(8) Other Hearings: In all other hearings the standard of proof shall be a preponderance of the evidence.

(l) USE OF REPORTS IN JUVENILE PROCEEDINGS: For the purpose of establishing that a child is a Youth-in-Need-of-Care, determining proper disposition of a child, and/or periodically reviewing the child's and family's progress, written reports and other materials relating to the child's mental, physical, educational, and social history and condition, may be required by the Court, may be received in evidence, and may be considered by the Court along with other evidence, but the Court may require that the person who wrote the report or prepared the material appear as a witness if that person is reasonably available.

(m) CONSOLIDATION: Proceedings involving two or more children may be consolidated when the factual basis for jurisdiction is the same or similar, or for the convenience of all parties. Separate dispositional and review hearings may be held, if it is reasonable to do so.

(n) PRESENCE OF PARENT GUARDIAN CUSTODIAN OR GUARDIAN AD LITEM: The Court shall endeavor to notify parent(s), or guardian(s), or custodian(s) of the child, including foster parents, when appropriate, of all hearings. Provided, however, that any party may request the foster parent, custodian, etc. be excluded from all or any part of a hearing in which confidential or sensitive information is being presented.

(o) CONDUCT OF HEARING SUBPOENA WITNESS FEES: All Court hearings shall be held without a jury and may be continued from time to time. The hearing shall be recorded. Witnesses or other persons necessary for the conduct of a hearing may be subpoenaed. The form of the subpoena shall describe the action as a "juvenile court dependency proceeding" and the appearance as required on behalf of the Court. Witnesses subpoenaed to give testimony shall be paid according to Court rules. Witness fees shall be paid by the party who subpoenas, or requests the Court to subpoena, the witness. If the party requesting the subpoena is indigent, the Court shall pay the fee.

(p) GROUNDS FOR RE-HEARING TO VACATE RECONSIDER OR MODIFY: A child, parent, guardian, or custodian of a child who has been found to be a Youth-in-Need-of-Care, may within one year move the Court for a new evidentiary hearing on the grounds that there has been discovered new evidence which was not known, or could not with due diligence have been made available at the original hearing, and which might affect the order or judgment. If it appears to the Court that there is such new evidence which might affect its order or judgment, it shall order a new hearing and enter such order or judgment, and make such disposition of the case, as is warranted by all the facts and circumstances and the best interests of the child.

(q) GROUNDS FOR SUPPLEMENTAL PETITION: Once a child has been found to be a Youth-in-Need-of-Care, and placed in the legal custody of the ICW Program, the Program may subsequently file a Supplemental Petition alleging new charges based on current, circumstances which, if true, will substantially change the nature of the case planning. If the alleged charged are serious, the parent shall have a due process right to an evidentiary hearing. In such cases, all requirements shall be followed as though an original Petition is being filed.

(r) MODIFICATION REVOCATION OR EXTENSION OF AN ORDER: The Court, with good cause, may modify, revoke, or extend an order at any time upon the motion of any party.

(s) ATTORNEY SPOKESPERSON CASA GUARDIAN AD LITEM FOR CHILD: Any child may appear with a retained attorney. The Court, at any stage of a Youth-in-Need-of-Care proceeding, may appoint an attorney at Tribal expense, or a CASA or guardian ad litem, or approve a spokesperson for a child who has no parent, guardian or custodian appearing on behalf of the child, or whose interests conflict with the interests of parents, guardians or custodians, or when it appears to the Court that the child's best interests warrant such an appointment.

(t) ATTORNEY SPOKESPERSON FOR PARENT OR OTHER PARTY: A parent or other party may appear with a retained attorney. The Court, at any stage of a Youth-in-Need-of-Care proceeding, may appoint an attorney for an indigent parent upon request, at Tribal expense, so long as such court-appointed attorneys are available and funded. The Court may approve a spokesperson for a parent or other party upon request.

(u) TESTIMONY OF A CHILD IN CHAMBERS OR BY VIDEOTAPE: The Court, upon its own motion, or upon the motion of any party, may take testimony from any child appearing as a witness and may exclude the child's parent(s) and other persons if the Court finds such action would be likely to be in the best interests of the child. However, the Court shall not exclude the attorney, spokesperson, or CASA for a party, and the testimony shall be recorded.

(v) CONTEMPT: Any person who fails to obey a Court order or subpoena may be cited by the Court to appear and show cause why s/he should not be held in contempt of Court. If the Court finds contempt of Court, the person shall be subject to sanctions, including, but not limited to public reprimand.

(w) DAYS AND HOURS: Unless otherwise defined, reference to hours or days shall mean actual hours or days, excluding Saturdays, Sundays, and Tribal holidays.

Tribal Code § 7.11 - YOUTH-IN-NEED-OF-CARE - PRE-ADJUDICATION

(a) DEPENDENCY JURISDICTION:

(24) Bases of Dependency Jurisdiction: The Tribal Court has jurisdiction as provided in Section 7.10(c) and further has dependency jurisdiction in any case involving a Grand Ronde child who is under the age of 18 years of age, or who has been continued thereafter in the jurisdiction of the Court, and:

(Y) Whose parents, guardians, custodians, or other persons responsible for the child's care have abandoned the child, as defined under this Ordinance;

(B) Whose parents, guardians, custodians, or other persons responsible for the child's care have subjected the child to abuse as defined under this Ordinance;

(C) Whose parents, guardians, custodians, or other persons responsible for the child's care have subjected the child to neglect as defined under this Ordinance;

(D) Who has a history of serious unexplained injuries while in the care or custody of the parents, guardians, custodians, or other persons responsible for the child's care;

(E) Whose behavior is such as to endanger the welfare of him/herself or others; or

(F) Whose parent(s), guardian(s), custodian(s), is unable, through no fault of their own, to care for the child.

(2) Emancipated Child: The Court shall have no further jurisdiction under this Ordinance over any child who has been emancipated by Court order or by marriage.

(3) Treatment By Prayer or Spiritual Means: The practice of a parent who chooses for the child treatment by prayer or spiritual means in place of medical care shall not, by and of itself, be construed as a failure to provide physical care within the meaning of this Ordinance, but shall not prevent the Court from exercising jurisdiction under this section of the Ordinance.

(b) COMMENCEMENT OF DEPENDENCY PROCEEDINGS:

(5) Scope of Investigation and Written Report: The ICW Program shall initiate an investigation when an allegation is made that a child has been abused, abandoned, or neglected, or that the child presents a danger to self or others. In the course and scope of the investigation, the ICW Program shall, as reasonable:

(A) Attempt to contact and interview all relevant parties, including the parents and children, as well as, if appropriate, caretakers, relatives, extended family members, neighbors, teachers, and treatment personnel;

(B) Attempt to visit the home and/or place where the child is residing;

(C) Address the child's current circumstances, including home environment, family and parental history, parent's current circumstances, including financial information if relevant, the nature of the reported charges, and the information supporting or contravening those charges;

(D) Determine if the child can remain safely in the home with services provided, and assist in providing those services;

(E) Seek out relatives, extended family members, or others with whom the children are familiar, and with whom the children can be placed, if necessary, pending further investigation;

(F) Make tentative conclusions as to what is in the best interests of the child, and how best to protect the child's health and safety until further investigation can be concluded; and

(G) Information gained in the investigation shall be presented in the Petition or presented at the Preliminary Inquiry Hearing.

(1) Commencement of proceeding: A dependency case commences when:

(A) A child is taken into emergency custody as permitted under this Ordinance; and/or

(B) A Petition is filed alleging that the child is a Youth-in-Need-of-Care, as set forth in this Ordinance.

(2) Time Lines:

(A) The ICW Program shall review and investigate all complaints in a timely manner. If the Program has probable cause to believe that the Court has jurisdiction over the child, the Program may file a Petition with the Court.

(B) Whenever reasonable, the Program shall file a Petition prior to the emergency removal of a child from parental custody.

(C) When a child is removed from parental custody prior to the filing of a Petition, a Petition shall be filed prior to the Preliminary Inquiry Hearing.

(3) Who May File a Petition: The ICW Program may file a Petition alleging that a child named in the Petition is within the dependency jurisdiction of the Court as provided in this Ordinance.

(4) Caption of the Petition: The Petition and all subsequent Court documents in the proceeding shall be entitled: "In the Matter of (Child's Name),    (Date of Birth), a minor child."

(5) Contents of the Petition: The Petition shall set forth, in ordinary and concise language, the following facts as are known, and indicate any which are not known:

(A) The full name, residence, date and place of birth, sex of child, with attached documentary proof of the date and place of the birth of the child;

(F) The names of the persons with whom the child has lived, the residences at which the child has lived, for the previous year, and the length of time the child has lived with each person and at each residence;

(G) The names and residences of the child's legal parents, guardians, or custodians. In addition, the names and residences of putative fathers or step-parents, if any;

(H) Documentary proof of the child's membership status in the Tribe;

(I) The facts upon which the allegations are based, and which, if true, would bring the child within the jurisdiction of the Court as set forth in this Ordinance. Such recitation shall include, but not be limited to, the date, time, and location where the alleged facts occurred, and the names of any alleged witnesses, as well as all other information upon which the Petitioner relies to form a belief that the child is within the jurisdiction of the Court;

(J) Whether there is a custody proceeding involving the child pending in another court;

(K) Whether any person other than a parent has or claims to have physical custody of the child and, if so, the name and the residence of that person;

(L) A citation to the specific section of this Ordinance upon which Petitioner relies in alleging Court jurisdiction over the child;

(M) If the child is in shelter care, or other placement out of parental care, the time and date the child was placed, the location of the child if not confidential, and the reasons the child has been placed out parental care, and the reasonable efforts made by ICW Program to prevent or negate the need for removal of the child; and

(N) If appropriate, a request that the parents or legal guardians be ordered to pay court costs, program fees and such other reasonable costs associated with these proceedings.

(7) Verification of Petition: The statements in the Petition may be made upon information and belief. The Petition shall be prepared, notarized, and signed, by the ICW Program.

(8) Summons: The parties to a Petition shall be served as provided by law with a certified copy of the Petition; and with a summons that shall contain the following:

(A) A statement indicating that the rights of the legal custodian, guardian, parent or parents may be affected in the proceeding and that if the legal custodian, guardian, parent or parents fail to appear at the time and place specified in the summons, the Court may take legal custody of the child from the parent, guardian, or custodian, make the child a ward of the Court, and take any other action that is authorized by law; and

(B) A statement advising the parent or parents that they have the right to an attorney, and that if they cannot afford an attorney one may be appointed at the Tribe's expense upon their request and the Court's determination of indigency.

(9) Dismissal of the Petition: The Court may dismiss a Petition at any stage of the proceedings with good cause shown and stated.

(c) EMERGENCY CUSTODY:

(1) Who is Authorized to Take a Child into Emergency Custody: A child may be taken into emergency custody by an authorized law enforcement officer or a representative of the ICW Program.

(2) When Emergency Custody Authorized: Emergency custody of the child is authorized if:

(A) There is reasonable grounds to believe that the child is within the jurisdiction of the Court and is in immediate jeopardy in her/his surroundings, and that removal is necessary to protect the child's health or safety; and/or

(B) The Court has ordered that the child be taken into emergency custody.

(3) Dependency Jurisdiction Attaches at Time of Custody: The Court's dependency jurisdiction shall attach at the time the child is taken into emergency custody, with or without Court order.

(4) Notification to Parent Guardian or Custodian: At the time the child is taken into custody, or as soon thereafter as practicable, the person taking the child into custody shall notify the child's parent(s), guardian(s), or custodian(s). The notice shall inform the parent(s), guardian(s), or custodian(s) of the action taken and of the date and time of the Preliminary Inquiry Hearing.

(5) Release of Child Taken into Emergency Custody: The person taking the child into emergency custody shall release the child to the physical custody of the child's parent or other responsible person if:

(A) Safeguards are in place which make it reasonable to believe that the child is no longer in immediate risk of harm while in the parent's, guardian's, or custodian's physical custody; and/or

(B) The parent, guardian, or custodian is not the person from whom the child was removed, and there is reasonable cause to believe that the child is not at risk of harm while in the parent's, guardian's, or custodian's physical custody.

(6) Child Remains in Emergency Custody: Notwithstanding placement in the physical custody of the parent, guardian, or custodian, the child remains in the emergency custody of the Tribe pending the Preliminary Inquiry Hearing.

(7) Petition Filed Within Twenty-Four (24) Hours: When the ICW Program continues to retain emergency custody of the child, whether or not a Tribal representative releases the child to the physical custody of a parent, guardian, or custodian under this section, a Petition shall be filed within twenty-four (24) hours of the taking of emergency custody.

(8) Termination of Emergency Custody: Emergency custody of the child under this section shall terminate in twenty-four (24) hours unless a Petition has been filed and the Court has issued an order granting emergency custody of the child to the Tribe.

(9) Placement of the Child When Not Released: A child who cannot be released to a parent, guardian, or custodian shall be placed, pending the Preliminary Inquiry Hearing, according to the placement provisions set forth in this Ordinance.

(10) No Child to be Detained in Jail: No child under this Ordinance shall be detained at any time in a jail, prison, police station, or other place where adults are detained, except that a child may be detained in a police station for up to five (5) hours if necessary to determine the child's name, age, residence, and other identifying information.

(d) EMERGENCY CUSTODY ORDER:

(6) Basis for Emergency Custody Order: The Court shall issue an emergency custody order if the Court finds probable cause to believe that a child within the Court's jurisdiction is a Youth-in-Need-of-Care, and one or more of the following exists:

(A) The child is suffering from an illness or injury, and no parent, guardian, or custodian responsible for the child is able or willing to provide adequate treatment for the child;

(B) The child is in immediate danger from her/his surroundings, and removal is necessary for the protection of the child;

(C) The child's health is in immediate risk of harm, and removal is necessary for the protection of the child;

(D) The child will be subject to injury or abuse by others or by her/himself if not placed in custody;

(E) The child has been abandoned by her/his parents, guardians, custodians, or other persons responsible for the care of the child;

(F) No parent, guardian, or custodian, is able or willing to provide adequate care and supervision for the child; or

(G) The child will run away, or be taken from the area, and will be unavailable for further proceedings.

(e) PRELIMINARY INQUIRY HEARING:

(1) Speedy Hearing Required: Absent a Court order to the contrary, no child shall be held in the emergency custody of the Tribe longer than twenty-four (24) hours, excluding Tribal holidays, and weekends, without a hearing, regardless of where the child is placed pending the hearing. A Preliminary Inquiry Hearing may be postponed by order of the Court for good cause or by stipulation of the parties.

(2) Hearing: All Preliminary Inquiry Hearings shall be set for 1:30 p.m. the next judicial day following the removal of the child, unless continued by Court order.

(3) Determination by the Court: At the conclusion of the Preliminary Inquiry Hearing, the Court shall make written findings as to:

(A) Whether or not probable cause exists to believe that the child is a Youth-in-Need-of-Care as alleged in the Petition, or as otherwise determined;

(B) Whether continued emergency custody is necessary for the protection of the child pending the Adjudicatory Hearing and, if so, whether the child should remain in the physical custody of a parent, guardian, or custodian, or be placed in shelter, or other, care pending the Adjudicatory Hearing; and

(C) Whether additional Preliminary Inquiry Hearings are warranted.

(4) Reasonable Services to Prevent Removal: In determining whether a child shall be removed or continued out of parental care, the Court shall consider whether the provision of reasonable and available services can prevent the removal, and make it possible for the child to remain in parental care pending the Adjudicatory Hearing.

(5) Reasonable Efforts Made by the ICW Program: The Court shall further make written findings as to whether or not the ICW Program made reasonable efforts to prevent the removal of the child from the parent, guardian, or custodian considering the circumstances of the child and parent, guardian, or custodian, and, if removal could not have been prevented, whether the ICW Program has made reasonable efforts to reunite the family once separated and eliminate the need for removal.

(6) Removal In Best Interest of the Child: In cases where the child has been removed prior to the Preliminary Inquiry Hearing, or where the Court orders the removal, or the continued removal, of the child from the parent, guardian, or custodian, the Court shall further make written findings that removal was and/or is in the best interests of the child, and that placement in the care of the parent, guardian, or custodian would have been and/or would be contrary to the child's health, safety, and welfare.

(7) Attendance of parent Guardian or Custodian: If the child's parent, guardian, or custodian are not present at the Preliminary Inquiry Hearing, the Court shall determine what efforts have been made to notify them and obtain their presence. If reasonable efforts have been made, the Court may proceed with the hearing in their absence.

(8) Right to an Attorney or Spokesperson: The Court shall advise the parties of the right to a retain an attorney, or request a Spokesperson, or to a court-appointed attorney, or CASA, if applicable.

(9) Right to Present Evidence: A parent, lawyer for a parent, child over the age of (12) twelve, or lawyer for a child of any age, shall be given the opportunity to present evidence to the Court at the Preliminary Inquiry Hearing, which evidence may include evidence that the child can be returned to parental care pending the Adjudicatory Hearing without further jeopardy to the child's health or safety, without endangering the health or safety of others, or without fear of removal of the child from the area.

(10) Disposition on Finding of Probable Cause: If the Court determines there is probable cause to believe the child is a Youth-in-Need-of-Care, the Court may:

(G) Continue the Petition, grant emergency custody of the child to the Tribe, and place the child in the physical custody of the parent, guardian, or custodian pending the Adjudicatory Hearing; and set an Adjudicatory Hearing; or

(H) Continue the Petition, grant emergency custody of the child to the Tribe, and place the child in the physical custody of another appropriate person, or in shelter or foster care as approved by the ICW Program; and set an Adjudicatory Hearing; or

(I) Affirm any other reasonable plan supported by the evidence, including but not limited to the postponement of proceedings, a Family Reunification Agreement, mediation, or a plan stipulated to by the parties; and

(J) Order such restrictions on contact or visitation that the Court deems appropriate; and

(K) Set additional Preliminary Inquiry Hearings or other hearings as necessary.

(11) Setting of Adjudicatory Hearing: The Court shall set the date for the Adjudicatory Hearing and shall issue a summons to be served upon the parent(s), guardian(s), or custodian(s). If the parent(s), guardian(s), or custodian(s) is not present at the Preliminary Inquiry Hearing, the summons shall be served upon the parent(s), guardian(s), or custodian(s) as required by law.

(12) Dismissal of the Petition: If the Court determines there is no probable cause to believe the child is a Youth-in-Need-of-Care, the Petition shall be dismissed without prejudice, and the child released from emergency custody.

(f) PRE-ADJUDICATORY PROCEDURES AND SERVICES:

(1) Scope of Continued Investigation and Provision of Services by the ICW Program; Pending the Adjudicatory Hearing, the ICW Program shall continue its investigation and shall continue to offer appropriate services to the parent, guardian, or custodian and the child, and shall make reasonable efforts to prevent the removal of the child from the care of the parent, guardian or custodian, and to eliminate the need for continued removal. In the course and scope of the continuing investigation, the ICW Program shall, to the extent possible:

(A) Contact and interview all relevant parties, including the parents and children, as well as, if appropriate, caretakers, relatives, extended family members, neighbors, teachers, and treatment personnel;

(B) Visit the home and/or place where the child was residing and/or is now residing;

(C) Address the child's past and current circumstances, including home environment, family and parental history, parent's current circumstances, including financial information if relevant, the nature of the reported charges, and the information supporting or contravening those charges;

(D) Determine if the child can remain safely in parental care with services provided, and assist in providing those services;

(E) Determine what services are necessary to facilitate return of the child to parental care, with or without continuing supervision; locate and offer, and refer the parent to, those services;

(F) Seek out relatives, extended family members, or others with whom the child is familiar, and with whom the child can be placed if return home is not possible; and

(G) Draw conclusions as to what is in the best interests of the child, and how best to protect the child's health and safety to prevent removal or make return to parental care possible.

(2) Case Plan Pending Adjudicatory Hearing: After the Preliminary Inquiry Hearing, and prior to the Adjudicatory Hearing, the ICW Program shall hold a conference with the parents, guardians, or custodians, and all attorneys and/or Spokespersons, and the child, if appropriate, and any other persons who may provide helpful participation, as approved by the ICW Program. For each child and parent, guardian, or custodian, willing to work cooperatively with the ICW Program pending the Adjudicatory Hearing, the ICW Program shall, with the participation of the family in a meeting using the Family Unity Model, develop an appropriate case plan, designed to protect the child's health and safety and to reunify the family. The plan will be detailed and specific as to:

(A) The areas in which the family needs assistance;

(B) The services required to address those needs;

(C) Who will provide those services;

(D) The time lines to which the family and the ICW Program will be held for completion of services; and

(E) How the family's progress, or lack of progress, will be measured.

(3) Family Reunification Agreement: At a conference, or at another appropriate time and place, an alternative to the Adjudicatory Hearing - a Family Reunification Agreement - may be discussed. If such an agreement is satisfactory to all parties, it will be presented to the Court.

(A) Written Agreement: The Family Reunification Agreement shall be reduced to writing and signed by the parties and shall state the conclusions reached as a result of the conference, specify in detail what is expected of the ICW Program and the parties entering into the agreement. Each party will receive a copy of the signed agreement which should include a statement that the agreement has been read to the parties and that they understand the requirements and consequence of the agreement.

(B) Admissions Under Oath: Forfeit of right to an Adjudicatory Hearing: The parties entering into the agreement shall admit, under oath, the allegations in the Petition, which allegations may be amended as agreed upon by the parties so long as the parties admit to facts which support a finding by the Court that the child is a Youth-in-Need-of-Care. By these admissions the parties give up their right to an Adjudicatory Hearing.

(C) Court Order: The Court shall enter an order continuing the Petition and adopting the Family Reunification Agreement.

(D) Court Postponement of Findings: Upon acceptance of the admissions of the parties and the written Family Reunification Agreement, the Court will continue emergency custody of the child, but will postpone entering adjudicatory findings, and will postpone making the child a ward of the Court.

(E) Time Limit: The Family Reunification Agreement will be in effect no longer than six (6) months, except upon order of the Court.

(F) Review Continuation Dismissal Adjudication or Extension: The ICW Program shall, with the family if possible, review the family's progress at least every thirty (30) days. If, at any time after the initial thirty (30) day period, but before the expiration of six (6) months, the ICW Program concludes that the party entering into the agreement is fully compliant, and it is in the best interests of the child, the ICW Program may move the Court for dismissal of the case. If, at any time after the initial thirty (30) day period, but before the expiration of six-months, the ICW Program concludes that the party entering into the agreement is non-compliant, and that continuing the agreement is not in the best interests of the child, the ICW Program may move the Court for termination of the Family Reunification Agreement and an adjudicatory order. If good cause is shown, the agreement can be extended, but no longer than an additional ninety (90) days.

(G) Dismissal of the Petition: If the party entering into the Family Reunification Agreement successfully completes the agreement, the ICW Program will notify the Court, and the Court may dismiss the Petition, without prejudice, as to that party. The Court may do so without a hearing.

(H) Court Resolution of Disputes: If there is a dispute as to whether or not the agreement has been successfully completed, a hearing may set prior to the expiration of the agreement and the Court will determine the matter.

(I) Right of a Party to Request an Adjudicatory Hearing: A party who chooses not to enter into a Family Reunification Agreement has a right to an Adjudicatory Hearing as to her/himself, regardless of whether another party has entered into a Family Reunification Agreement on her/his own behalf.

Tribal Code § 7.12 - YOUTH-IN-NEED-OF-CARE - ADJUDICATION

(a) ADJUDICATORY HEARING:

(1) When Hearing Must be Held: Continuation: Except as provided in §7.11(f)(3)(D) above, or by order of the Court for good cause shown, the Court shall hold a hearing on a Petition alleging the child is within the jurisdiction of the Court no later than forty-five (45) days after the Petition has been filed.

(2) Dismissal of the Petition: The Court may, at any time, on the Court's own motion, or the motion of any party, dismiss the Petition. If the Court dismisses the Petition, the Court will set forth in a written order relevant findings in support of the dismissal.

(b) DISCLOSURES:

(1) Pre-Adjudicatory Disclosures: Prior to adjudication on the Petition, each party, including the ICW Program, shall disclose to each other party the following information and material within the possession or under the control of the party, and upon which they intend to rely at the hearing:

(A) The names, and addresses if appropriate, of all persons the party intends to call as witnesses at the hearing, together with any relevant written or recorded statements or memoranda and the subject of their testimony.

(B) Any written or recorded statements or memoranda of any oral statements made by either parent or by the child to any other party or agent for any other party;

(C) Any reports or statements of experts made in connection with the particular case, including the results of any physical or mental examinations; and

(D) Any books, papers, documents, or photographs that were obtained from or belong to any other party.

(2) Time of Disclosure: Disclosure shall be made as soon as practicable following the filing of a Petition. The Court may supervise the exercise of discovery to the extent necessary to ensure that it proceeds properly and expeditiously. The obligation to disclose is an ongoing obligation and if a party finds, either before or during the hearing, additional material or information that is subject to disclosure, it shall be promptly disclosed.

(3) Information that Need not be Disclosed:

(A) The following material and information need not be disclosed: attorney work product, legal research, records, correspondence, reports or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorneys or their agents or any other privileged attorney-client communications.

(B) When some parts of certain material are subject to disclosure and other parts are not, only those parts which are subject to disclosure need to be disclosed.

(C) Privileged or confidential medical information including, the results of physical or mental exams, may be disclosed only by Court order. The Court may restrict disclosure to the party's attorney, spokesperson and/or CASA who shall be prohibited from copying said material, but shall be allowed to read or summarize it to the client. If the parent or child is pro se, the Court may restrict disclosure to the ICW Program, or other appropriate person, who may be required to read or summarize the document to the parent or child.

(D) Upon a showing of good cause the Court may at any time order that specified disclosure be denied, restricted or deferred or make such other order as is appropriate; a good cause showing may be made in camera, recorded, and/or sealed, if appropriate.

(E) Notwithstanding the above, attorney-client privileged communications shall not be subject to disclosure.

(4) When Depositions Authorized: After the filing of a Petition, a party may move the Court for an order allowing a deposition to be taken to perpetuate the testimony of a witness who is outside the jurisdiction of; or otherwise not subject to the process of; the Court; or who is unable to attend because of age, sickness, infirmity, imprisonment, or undue hardship, and who is unable to appear by telephone. The affidavit in support of the motion must set out the proposed date and time of deposition. If granted, the Court, in its discretion, may set restrictions.

(c) FINAL ORDER: An Adjudicatory Order is a final order for purposes of appeal.

Tribal Code § 7.13 - YOUTH-IN-NEED-OF-CARE - DISPOSITION; PLACEMENT

(a) DISPOSITIONAL HEARING:

(1) Disposition Required Time Evidence: At the termination of the Adjudicatory Hearing the Court shall enter an appropriate order directing the disposition to be made in the case. The Dispositional Hearing may be held immediately, or within twenty (20) days of the Adjudicatory Hearing, except upon order of the Court for good cause shown.

(2) Notice: All parties, including children over twelve (12) years of age and foster parents, shall be notified of their right to appear and be heard at the hearing.

(3) Pre-Dispositional Reports Dispositional Recommendations by ICW Program: The ICW Program shall prepare, and any other party or person may prepare, a report to the Court for the disposition of a child who has been found by the Court to be a Youth-in-Need-of-Care. The pre-dispositional reports shall be filed, and copies shall be given to all parties or sent to a place calculated to assure receipt, no later than five (5) days before the dispositional hearing, except by order of the Court. The Program's report shall be detailed, including dates, case activity, persons contacted, and information secured, and shall:

(A) Set out all information secured in the course of the continuing investigation as relevant and necessary to the dispositional recommendations, including, but not limited to:

(i) A chronology of events relevant to the case;

(ii) Contacts and interviews with all relevant parties, including the child, parents, and, if appropriate, caretakers, relatives, extended family members, neighbors, teachers, and treatment personnel;

(iii) Details of visits to the parent's and child's past or current homes;

(iv) A list of all places the child has lived, while in Tribal custody, and with whom and in what kind of placement;

(v) Information regarding the nature of the reported charges, and the information supporting or contravening those charges; and

(vi) Any other information gathered in the course of the investigation and pre-adjudicatory service to the family; and

(B) Describe the ICW Program's assessment of services needed to prevent or eliminate the need for removal of the child from parental care, and a description of all the ICW Program's efforts to locate, secure, offer, and refer the family to those services;

(C) Describe all reasonable efforts made to prevent the removal of the child from the care of the parent, guardian, or custodian, and to eliminate the need for removal;

(D) Set out recommendations for placement, reasons for choosing that placement, assurance that the placement is the least restrictive, most family-like setting available to meet the child's needs and is in close proximity to the parent and, if the child is not to be placed with a relative, extended family member, or a familiar person, reasons why not;

(E) Specify, if necessary, the identified concurrent, alternative permanent plan for the child, in the event reunification does not occur, either because of parental non-compliance or because it is determined not to be in the best interests of the child, the family, and/or the Tribe. This concurrent plan shall be designed to achieve other appropriate permanent placement goals that are in the best interests of the child, the family, and/or the Tribe. Specify what efforts have been made to make that placement available if necessary;

(F) Draw conclusions and make recommendations as to what is in the best interests of the child, and how best to protect the child's health and safety to prevent removal or make return to parental care possible or, if that is not possible, to effect a different permanent plan. Specify what reasonable efforts have been made to prevent or eliminate removal, and what future reasonable efforts are needed to continue progress towards reunification;

(G) Include, if applicable, all information required by Title IV-B and Title IV-E of the Social Security Act (42 U.S.C. §620 et seq. And 42 U.S.C. §670 et seq; respectively); the Adoption and Safe Families Act (ASFA) ( P.L. 105-89); and the Adoption Assistance and Child Welfare Act of 1980, (known as PL 96-272), and any other relevant laws for case plans where the child is receiving foster care maintenance payments from federal or state funds; and

(H) Make recommendations to the Court regarding disposition.

(4) Case Plan: In every case in which a child is found to be within the jurisdiction of the Court, the ICW Program shall prepare and submit a case plan to the Court at the Dispositional Hearing. The case plan shall be consistent with the best interests and special needs of the child, and shall:

(A) Be developed by the ICW Program with the assistance and involvement of the family, relatives, extended family, and other relevant participants, whenever possible, under a Family Unity Model approach. The report shall name the participants and their relationship to the case;

(B) Provide a detailed and specific plan for care of, and assistance to, the child and family, which plan is calculated to prevent or eliminate the need for removal of the child from parental care, and resolve the problems adjudicated in the Petition. The plan shall include, but not be limited to:

(i) Description of the family's needs;

(ii) Description of services which will be required to address those needs;

(iii) Designation of who will provide those services, when, and how;

(iv) Timelines to which the family and the ICW Program will be held for completion of services;

(v) Description of how the family's progress, or lack of progress, will be measured; and

(C) If the child is placed out of parental care, set out in detail the visitation which the ICW Program will provide between the child and parent, guardian, or custodian, and relatives, if appropriate.

(5) Ward of the Court Duration of Wardship: If the Court finds that the child is a Youth-in-Need of-Care, the Court may make the child a Ward of the Court. The Court's wardship over the child continues, and the child is subject to the Court's jurisdiction, until one of the following occurs:

(A) The Court dismisses the case concerning the child, or enters an order terminating wardship and temporary custody;

(B) The child becomes 18 years old, and has not been thereafter continued in the jurisdiction of the Court;

(C) The child is emancipated by marriage or Court order; or

(D) A Decree of Adoption of the child is entered by a Court.

(6) Temporary Physical Custody Conditions That May Be Imposed: When a child who is a Ward of the Court is placed in the temporary legal custody of the ICW Program, or another custodian, as set forth above, the Court may direct that the child be placed in the temporary physical custody of someone other than the legal custodian, for supervision by the legal custodian. Temporary physical custody may be placed in a parent, a foster parent, a relative, an extended family member, a child or youth care center, or a similarly appropriate custodian. The Court may impose such conditions and restrictions on the temporary physical custodian as necessary to protect the health, safety, and welfare of the child, and as are in the child's best interests.

(7) Required Findings Reasonable Efforts Concurrent Planning: When the Court enters an order removing a child from the legal custody of a parent, guardian, or custodian, and placing the child in the temporary legal custody of the ICW Program or placing the child in the temporary physical custody of the parent, or other custodian, or when the Court enters an order continuing temporary legal custody in the ICW Program; the Court shall set forth written findings, including:

(A) Whether removal of the child from the legal custody of the parent, guardian, or custodian was, and continues to be, in the best interests of the child; whether placement of the child out of parental care was and continues to be in the best interests of the child. The Court will consider the child's health, safety, and welfare needs;

(B) Whether reasonable efforts, considering the circumstances of the child and parents, have or have not been made by the ICW Program to prevent or eliminate the need for removal of the child from parental care and to make it possible to reunify the family;

(C) In support of its determination of whether or not reasonable efforts have been made by the ICW Program, the Court shall enter a description of what preventive and reunification efforts were made and why further efforts could or could not have prevented or shortened the separation of the family;

(D) Where the initial contacts with the family have occurred during an emergency in which the child could not safely remain in parental care, even with reasonable services being provided, the ICW Program shall be considered to have made reasonable efforts to prevent or eliminate the need for removal of the child;

(E) Where the Court finds that reasonable preventive or reunification efforts have not been made, but that such efforts, even if made, could not have prevented the removal of the child for the child's health, safety, and welfare, the ICW Program shall be considered to have made reasonable efforts to prevent or eliminate the need for removal of the child;

(F) Where the Court finds that further preventive or rehabilitative services could prevent or eliminate the need for removal of the child, the Court may authorize or continue the removal of the child; however, the Court shall enumerate the efforts which must be made to support a future finding that the ICW Program has made reasonable efforts to prevent or eliminate the need for removal of the child;

(G) Whether the case plan is designed to make reunification of the family likely, and what efforts the ICW Program is making to implement that plan;

(H) If necessary at the time, whether the case reflects a concurrent, alternative permanent plan for the child, and what efforts the ICW Program is making to develop and implement that plan, in the event the child cannot be returned to parental care;

(I) Reasonable efforts are not required, but may be offered at the discretion of the ICW Program, and with approval of the Court, where:

(i) the parent has been convicted of involvement in the murder or voluntary manslaughter of any child;

(ii) the parent has been convicted of felony assault that resulted in serious bodily injury to the child or another child, or step-child of the parent, or to any child of a partner with whom the parent is cohabiting or is in a cohabiting-type relationship; or

(iii) the Court, or a court of competent jurisdiction, has determined that the parent has subjected the child to aggravated circumstances including, but not limited to, torture, chronic sexual abuse, and/or chronic physical abuse.

(8) Conditions Set by the Court: The conditions or restrictions which the Court may set upon a child, parent, guardian, custodian, or any other person, shall be designed to improve the circumstances of the child.

(A) Such conditions or restrictions include, but are not limited to: cooperation with the ICW Program; compliance with case plan and/or service agreement; participation in ICW Program Family Unity meetings for the purpose of case planning; medical, psychological or psychiatric evaluation and treatment; individual and/or family counseling; prescriptive therapy; alcohol/drug evaluation and treatment; sex offender evaluation and treatment; domestic violence counseling; anger management classes; parenting classes; mediation to resolve family or other disputes; visitation with the child with or without restrictions; attendance at child's school functions; participation in Tribally-sponsored activities; restrictions on contact, associations, or travel; payment of support or other necessary costs; and cooperation with and participation in all services in which the child is engaged, including on-site residential or institutional services.

(B) The Court shall enter specific findings setting out in detail the reasons for the conditions imposed in the order.

(b) PLACEMENT PROVISIONS:

(1) Placement Priorities: When a Youth-in-Need-of-Care has been placed in the temporary legal custody of the ICW Program, and cannot be released to a parent, guardian, or custodian, the Program shall, whenever possible, considering foremost the best interests of the child and the child's health, safety, and welfare, place the child in the temporary physical custody of one of the following, in order of preference and priority:

(A) Relatives or extended family members;

(B) Private Tribal home, licensed or approved by the ICW Program, close to the parental home;

(C) Private Native home, licensed or approved by the ICW Program, close to the parental home;

(D) Private non-native home, licensed or approved by the ICW Program, close to the parental home; or

(E) Tribal Youth Shelter. The Tribal Youth Shelter may be preferred over other placement options at the discretion of the ICW Program.

(2) Other Placement: Notwithstanding the above, the ICW Program, with good cause shown, shall have the discretion to place the child in a placement that serves the best interests of the child.

(3) Siblings: Siblings shall be placed together whenever possible, if it is in their best interests to do so.

(4) Least Restrictive Placement: A child shall be placed in the least restrictive placement available to meet the child's treatment needs.

(5) Proximity to Parent: A child shall be placed in as close proximity to the parent as possible, to facilitate and encourage visitation and reunification.

(6) Agreements with Service Providers: Whenever a child is placed out of parental care in the care of a foster parent, a facility, or other custodian, or whenever a child receives services from a professional, such as a counselor, the Court shall require, as a prerequisite, that the custodian and/or service provider to be notified in writing by the ICW Program that their presence in Court may be required upon occasion for the giving of testimony, or that a written report to the Court may be required. Agreement thereafter to foster, treat, or serve the child will be deemed to be consent to so participate in Court proceedings.

(c) FINAL ORDER: A Dispositional Order is a final order for purposes of appeal.

Tribal Code § 7.14 - YOUTH-IN-NEED-OF-CARE - STATUS REVIEW HEARINGS; PERMANENT PLAN
HEARING; COMMUNITY REVIEW BOARD

(a) WHO MAY REQUEST REVIEW HEARINGS: Any party, including but not limited to the custodian, may request a review hearing at any time. Upon receiving a motion or request for review, the Court will examine the substance of the request, and may set a hearing at the Court's discretion if there appears to be a justiciable reason to do so.


(b) STATUS REVIEW HEARINGS:

(1) Status Review Hearings Required: Within ninety (90) days of the original dispositional hearing, and at least every six (6) months thereafter so long as a child remains within the jurisdiction and a permanent plan for the child has not yet been established by Court order, the status of the child will be reviewed to:

(A) Determine the continuing need for, and appropriateness of; Court jurisdiction and of the child's placement;

(B) Determine the extent of compliance by all parties with the case plan;

(C) Determine the extent of progress the parent has made toward eliminating the need for removal of the child from parental care, including, but not limited to, the efforts at compliance with required services, and whether sufficient progress is being made to consider return home likely in the near future;

(D) Consider whether the services provided to the family have been appropriate, accessible, and provided in a timely manner; further consider whether the ICW Program can reasonably provide additional services which will facilitate the return of the child to parental care;

(E) Assess the ICW Program's concurrent case planning, if any, and the Program's efforts to effect an alternative permanent plan for the child in the event there is insufficient progress to restore custody;

(F) Determine whether reasonable efforts are being made by the ICW Program to alleviate the need for removal of the child from parental care; and

(G) Project a likely date when the child will be returned to parental care or when an alternative permanent plan will be put into effect.

(2) Notice: All parties, including children over twelve (12) years of age and foster parents, shall be notified of their right to appear and be heard at the hearing.

(3) Status Review Reports: The ICW Program shall prepare, and any other party or person may prepare, a report to the Court for the hearing. These reports shall be filed, and copies shall be given to all parties or sent to a place calculated to assure receipt, no later than five (5) calendar days before the hearing, except by order of the Court. The Program's report shall provide supportive documentation if appropriate, and shall:

(A) Summarize the history of the case and efforts made to offer services to the child and family;

(B) Detail the child's and family's circumstances, including the case management and casework by the ICW Program, since the prior Court hearing;

(C) Detail the compliance made or not made by the parent, guardian, or custodian and the ICW Program; and

(D) Detail the efforts made to develop a concurrent plan to be implemented in the event the family cannot be reunified, or why a concurrent plan is not practical at this time, and efforts made to implement that concurrent permanent plan.

(4) Presumption in Favor of Return to Parent: The Court shall return a child to the physical custody of the parent, guardian, or custodian, unless the ICW Program shows good cause why returning the child would not be in the child's best interests.

(5) Administrative Review: The requirements of a Status Review Hearing may be met by a Community Review Board Hearing. The Court may determine if the Status Review Hearing may be conducted formally or by some other method, such as by administrative review.

(c) PERMANENT PLAN HEARING:

(1) Permanent Plan Hearing Required: Within twelve (12) months of the date the child is removed from parental care, or the date of the adjudicatory order making the child a Ward of the Court, whichever co