BEAR RIVER BAND OF THE ROHNERVILLE RANCHERIA
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BEAR RIVER BAND OF THE ROHNERVILLE RANCHERIA
CHILDREN’S CODE
Table of Contents
ARTICLE ONE: PURPOSE AND AUTHORITY ........................................................................................................................... 5
4.05.01
PURPOSE ............................................................................................................................................................ 5
4.05.02
IMPLEMENTATION AND ENFORCEMENT .................................................................................................. 5
4.05.03
APPOINTMENT OF JUDGE .............................................................................................................................. 5
ARTICLE TWO: DEFINITIONS ..................................................................................................................................................... 5
4.05.04
DEFINITIONS .................................................................................................................................................... 5
4.05.05
BEST INTERESTS OF THE CHILD STANDARD ........................................................................................... 8
ARTICLE THREE: JURISDICTION ............................................................................................................................................... 8
4.05.06
GENERAL JURISDICTION ............................................................................................................................... 8
4.05.07
PERSONS ............................................................................................................................................................ 9
4.05.08
JURISDICTION OVER EXTENDED FAMILY ................................................................................................ 9
4.05.09
ENROLLMENT .................................................................................................................................................. 9
4.05.10
INDIAN CHILD WELFARE ACT TRANSFERS .............................................................................................. 9
4.05.11
FULL FAITH AND CREDIT ............................................................................................................................ 10
ARTICLE FOUR: PROCEDURES ................................................................................................................................................ 10
4.05.12
RIGHTS OF PARTIES ...................................................................................................................................... 10
4.05.13
EXPLANATION OF RIGHTS .......................................................................................................................... 10
4.05.14
REPRESENTATION OF CHILD ..................................................................................................................... 11
4.05.15
REPRESENTATION BY THE TRIBE ............................................................................................................. 11
4.05.16
COURT RULES ................................................................................................................................................ 11
4.05.17
SOCIAL SERVICES ......................................................................................................................................... 11
4.05.18
CONTRACTS.................................................................................................................................................... 11
4.05.19
ADDITIONAL COURT PERSONNEL ............................................................................................................ 11
4.05.20
SOCIAL STUDY AND OTHER REPORTS ..................................................................................................... 12
4.05.21
FAMILY GROUP CONFERENCING .............................................................................................................. 13
4.05.22
COURT RECORDS .......................................................................................................................................... 15
4.05.23
DUTY TO REPORT CHILD ABUSE ............................................................................................................... 15
ARTICLE FIVE: INVESTIGATION, REMOVAL AND NOTICE .............................................................................................. 17
4.05.24
INVESTIGATION............................................................................................................................................. 17
4.05.25
AUTHORITY TO REMOVE AND PLACE IN TEMPORARY CUSTODY ................................................... 17
4.05.26
POWER TO REMOVE ..................................................................................................................................... 17
4.05.27
EFFORTS TO PREVENT REMOVAL ............................................................................................................. 18
4.05.28
NOTICE TO THE PARENT, GUARDIAN OR CUSTODIAN ........................................................................ 18
ARTICLE SIX: PETITION AND INITIAL HEARINGS .............................................................................................................. 18
4.05.29
CHILD PROTECTION PETITION AND PRELIMINARY INVESTIGATION: ............................................. 18
4.05.30
CONTENTS OF PETITION .............................................................................................................................. 19
4.05.31
SUMMONS, ISSUANCE, CONTENTS, SERVICE ......................................................................................... 19
ARTICLE SEVEN: ADJUDICATORY HEARING, FINDINGS, ADJUDICATION ................................................................... 21
4.05.32
TIMING ............................................................................................................................................................. 21
4.05.33
PURPOSE .......................................................................................................................................................... 21
4.05.34
OUTCOME OF HEARING ............................................................................................................................... 21
4.05.35
JURISDICTIONAL FACTS .............................................................................................................................. 21
4.05.36
ADDITIONAL MATTERS ............................................................................................................................... 21
4.05.37
AMENDMENT ................................................................................................................................................. 22
4.05.38
BURDEN OF PROOF ....................................................................................................................................... 22
4.05.39
CONTINUANCES ............................................................................................................................................ 22
ARTICLE EIGHT: DISPOSITIONAL HEARING ........................................................................................................................ 22
4.05.40
TIMING ............................................................................................................................................................. 22
4.05.41
PURPOSE.......................................................................................................................................................... 22
4.05.42
EVIDENCE ....................................................................................................................................................... 23
4.05.43
CHILD WITNESS ............................................................................................................................................. 23
4.05.44
OUTCOME OF HEARING ............................................................................................................................... 23
4.05.45
FAMILY MAINTENANCE SERVICES .......................................................................................................... 23
4.05.46
GROUNDS FOR CONTINUED REMOVAL FROM THE HOME ................................................................. 23
4.05.47
CONDITIONS SET FOR RETURN OF CHILD TO PARENT, GUARDIAN OR CUSTODIAN .................. 24
4.05.48
OUT-OF-HOME PLACEMENT ....................................................................................................................... 24
4.05.49
REHABILITATIVE AND/OR SUPPORTIVE SERVICES .............................................................................. 24
4.05.50
CONTINUANCE .............................................................................................................................................. 24
4.05.51
SCHEDULING .................................................................................................................................................. 25
4.05.52
DEFAULT ......................................................................................................................................................... 25
4.05.53
NOTICE............................................................................................................................................................. 25
4.05.54
FINDING ........................................................................................................................................................... 25
ARTICLE NINE: SIX (6) MONTH REVIEW HEARING ............................................................................................................ 25
4.05.55
REVIEW REQUIREMENT .............................................................................................................................. 25
4.05.56
RETURN TO HOME ........................................................................................................................................ 25
4.05.57
WRITTEN ORDER ........................................................................................................................................... 25
ARTICLE TEN: PLACEMENT PREFERENCES ......................................................................................................................... 26
4.05.58
LEAST RESTRICTIVE SETTING ................................................................................................................... 26
4.05.59
ORDER OF PREFERENCES............................................................................................................................ 26
ARTICLE ELEVEN: PERMANENCY PLANNING HEARING .................................................................................................. 26
4.05.60
TIMING AND MANNER ................................................................................................................................. 26
4.05.61
PURPOSE .......................................................................................................................................................... 26
4.05.62
SOCIAL STUDY REPORT .............................................................................................................................. 26
4.05.63
FINDINGS ......................................................................................................................................................... 27
4.05.64
CONTINUANCE OF HEARING ...................................................................................................................... 27
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Approved: July 22, 2025
ARTICLE TWELVE: ORDERS OF PROTECTION ..................................................................................................................... 27
4.05.65
ORDERS ........................................................................................................................................................... 27
4.05.66
SPECIFIC ORDERS.......................................................................................................................................... 27
4.05.67
REHABILITATION .......................................................................................................................................... 28
4.05.68
MODIFICATION .............................................................................................................................................. 28
4.05.69
CONTEMPT ...................................................................................................................................................... 28
4.05.70
FOREIGN PROTECTIVE ORDERS ................................................................................................................ 28
ARTICLE THIRTEEN: CUSTODIAL RIGHTS AND DUTIES ................................................................................................... 28
4.05.71
GENERAL......................................................................................................................................................... 28
4.05.72
INFORMATION AND REPORTING ............................................................................................................... 28
4.05.73
RESIDENCE ..................................................................................................................................................... 29
ARTICLE FOURTEEN: GUARDIANSHIPS ................................................................................................................................ 29
4.05.74
WHO MAY FILE .............................................................................................................................................. 29
4.05.75
CONTENTS OF GUARDIANSHIP PETITION ............................................................................................... 29
4.05.76
TYPES OF GUARDIANSHIP .......................................................................................................................... 29
4.05.77
DURATION OF GUARDIANSHIP .................................................................................................................. 31
4.05.78
REMOVAL ....................................................................................................................................................... 31
4.05.79
BACKGROUND CHECKS ............................................................................................................................... 31
4.05.80
GUARDIANSHIP REPORT ............................................................................................................................. 31
4.05.81
ANNUAL REVIEW .......................................................................................................................................... 31
4.05.82
MODIFICATION OF GUARDIANSHIP ......................................................................................................... 32
ARTICLE FIFTEEN: MODIFICATION OF PARENTAL RIGHTS ............................................................................................. 32
4.05.83
PURPOSE .......................................................................................................................................................... 32
4.05.84
MODIFICATION .............................................................................................................................................. 32
4.05.85
WHO MAY FILE MODIFICATION PETITION ............................................................................................. 32
4.05.86
CONTENTS OF MODIFICATION PETITION ................................................................................................ 33
4.05.87
NOTICE............................................................................................................................................................. 33
4.05.88
SERVICE........................................................................................................................................................... 33
4.05.89
WAIVER ........................................................................................................................................................... 33
4.05.90
PRE-MODIFICATION REPORT ..................................................................................................................... 34
4.05.91
BURDEN OF PROOF ....................................................................................................................................... 34
4.05.92
MODIFICATION ORDER ................................................................................................................................ 34
4.05.93
CHILD'S CONTINUED RIGHT TO BENEFITS ............................................................................................. 35
ARTICLE SIXTEEN: ADOPTIONS ............................................................................................................................................. 35
4.05.94
ADOPTIONS ..................................................................................................................................................... 35
4.05.95
CONSENT ......................................................................................................................................................... 35
4.05.96
WHO MAY FILE .............................................................................................................................................. 36
4.05.97
CONTENTS OF PETITION .............................................................................................................................. 36
4.05.98
NOTICE............................................................................................................................................................. 37
4.05.99
HOME STUDIES .............................................................................................................................................. 37
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4.05.100
TIMING ............................................................................................................................................................. 37
4.05.101
WITHDRAWAL OF CONSENT ...................................................................................................................... 37
4.05.102
VACATING DECREE ...................................................................................................................................... 37
4.05.103
ADOPTION PREFERENCES ........................................................................................................................... 38
4.05.104
HEARING PROCEDURES............................................................................................................................... 38
4.05.105
FACTORS COURT WILL CONSIDER AT HEARING .................................................................................. 38
4.05.106
OUTCOME OF HEARING ............................................................................................................................... 39
4.05.107
DENIAL ............................................................................................................................................................ 39
4.05.108
ADOPTION ORDERS OR DECREES ............................................................................................................. 39
4.05.109
CHANGES TO BIRTH CERTIFICATE FOLLOWING TRIBAL ADOPTION .............................................. 40
4.05.110
ADOPTIVE BIRTH CERTIFICATE ................................................................................................................ 40
4.05.111
FULL FAITH AND CREDIT ............................................................................................................................ 40
ARTICLE SEVENTEEN: AUTHORIZATION OF MEDICAL TREATMENT ........................................................................... 41
4.05.112
AUTHORIZATION........................................................................................................................................... 41
4.05.113
RELIGIOUS BELIEFS ...................................................................................................................................... 41
4.05.114
FINDINGS ......................................................................................................................................................... 41
4.05.115
ORAL AUTHORIZATION ............................................................................................................................... 41
ARTICLE EIGHTEEN: FOSTER HOME LICENSING PROCEDURES ..................................................................................... 42
4.05.116
OVERVIEW OF LICENSING REQUIREMENTS ...................................................................................... 42
4.05.117
FOSTER HOME REQUIREMENTS ................................................................................................................ 43
ARTICLE NINETEEN: TRIBAL COURT APPEALS .................................................................................................................. 45
4.05.118
APPEALS .......................................................................................................................................................... 45
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Children’s Code
Approved: July 22, 2025
ARTICLE ONE: PURPOSE AND AUTHORITY
4.05.01
PURPOSE
The purposes of this Code are as follows:
1. To provide for the welfare, care and protection of the children and families brought
before the Bear River Band Tribal Court;
2. To preserve unity of the family, preferably by separating children from their parents only
when necessary;
3. To take such actions as may be necessary and feasible to prevent the abuse, neglect or
abandonment of children;
4. To provide a continuum of services for children and their families from prevention to
residential treatment, with emphasis whenever possible on prevention, early intervention
and community-based alternatives;
5. To secure the rights of and ensure fairness to the children, parents, guardians, custodians
or other parties who come before the court;
6. To ensure that other courts can transfer Tribal children to Tribal jurisdiction pursuant to
the Indian Child Welfare Act;
7. To recognize and acknowledge Tribal customs and traditions regarding child rearing; and
8. To ensure that when a child must be removed from his or her home or family that the
child is placed in a Tribally-approved foster or protective home care which reflects the
unique values and cultures of the child and their Tribe, and each placement is approved
through the Tribal Social Services Licensing program.
4.05.02
IMPLEMENTATION AND ENFORCEMENT
The authority and responsibility to implement and enforce this Code shall be vested in the Bear
River Band Tribal Court, pursuant to the Act Establishing the Judiciary.
4.05.03
APPOINTMENT OF JUDGE
The Bear River Band Chief Judge shall hear and decide court actions brought under the authority
of this Code. The Bear River Band Chief Judge shall be appointed by the Bear River Band Tribal
Council, pursuant to the Act Establishing the Judiciary.
ARTICLE TWO: DEFINITIONS
4.05.04
DEFINITIONS
As used in this Code, unless the context otherwise requires:
1. Abandon/Abandonment means when a parent or caretaker has shown conscious disregard
of parental responsibilities toward the child by failing to provide reasonable support,
maintain regular contact, or provide supervision, according to the child’s age and needs.
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Children’s Code
Approved: July 22, 2025
2.
3.
4.
5.
6.
a. Custody with extended family members or the parent’s voluntary consent to
placement of the child outside their custody does not constitute abandonment
unless the care provider is no longer willing or able to provide care for the child
and either the parent’s whereabouts are unknown or the parent is currently unable
or unwilling to care for the child.
b. A custodial parent’s incarceration does not constitute abandonment if the parent is
able to make arrangements for the child’s care during the parent’s incarceration.
c. Abandonment is a form of child neglect.
Adjudicatory Hearing means a hearing to determine whether the allegations of a petition
are supported by a preponderance of the evidence.
Adult means a person eighteen years of age or over, or a person under eighteen years of
age who has been legally emancipated.
Child Abuse means any of the following:
a. Physical Abuse: is the intentional infliction of physical injury to a child by their
parent, guardian, legal custodian, or Indian custodian. Physical abuse does not
include discipline administered by a parent or other caretaker to a child provided
it is reasonable in manner and moderate in degree and otherwise does not
constitute cruelty, within applicable Bear River Tribal community standards.
b. Sexual Abuse: means any of the following:
i. Any sexual activity between a parent, guardian, legal custodian or Indian
custodian and a child.
ii. Any sexual activity of the child enticed, demanded, or forced by the
parent, guardian, legal custodian or Indian custodian including
masturbation, sexual acts with other people or animals, and/or sex
trafficking of the child.
iii. Intentionally exposing the child to pornographic materials, intentionally
exposing genitalia to a child with the motive of the sexual gratification of
the parent, guardian, legal custodian or Indian custodian, looking at a
child’s exposed buttocks, genitals or breasts for sexual gratification, taking
photos of a child in sexual poses and/or partially naked or naked for one’s
own sexual gratification or the sexual gratification of others.
c. Emotional Abuse: includes repeated intentional attempts to belittle, humiliate,
ignore, isolate, or scare a child that results in significant emotional harm to a
child. Significant emotional harm can be demonstrated by an observable and
substantial impairment in the child’s ability to function within a normal range of
behavior as determined by Bear River Tribal Cultural norms. Examples include,
but are not limited to, anxiety, depression, self-harming behavior, bullying or
other outsized aggression towards others, and significant substance abuse.
Court means the Bear River Band of the Rohnerville Rancheria Tribal Court, unless
otherwise stated (i.e a reference to a state Court or another Tribal Court).
Detention means the temporary care of a child who requires custodial care pending the
Court's determination of jurisdiction and/or disposition.
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Children’s Code
Approved: July 22, 2025
7. Dispositional Hearing means a hearing to determine what actions must be taken by the
person against whom a finding of child abuse or neglect has been made to reunify with
the child and/or show that no additional court intervention is needed to keep the child
safe from future abuse or neglect, and to decide where the child should be placed while
the issues that led to the abuse or neglect are addressed.
8. Domestic or Family Violence the definition of domestic violence in the Tribe’s Protective
Order Ordinance shall be incorporated as the definition of domestic or family violence
under this Code.
9. Extended Family means a person who is related to the child by blood or marriage, or who
is recognized by Bear River law or custom as an extended family member.
10. Guardianship of the Person means the court has granted legal and physical custody of the
child to a non-parent. The guardian has the authority to make major decisions affecting a
child including, but not limited to:
a. Where the child lives;
b. Medical decisions for the child;
c. Educational decisions for the child;
d. What cultural and/ or religious activities the child participates in;
e. The authority to represent a child in legal actions and to make other decisions of
substantial legal significance for the child; and
f. Any other decisions necessary to protect and care for the child.
11. Indian Child means an unmarried person who has not been legally emancipated who is
under the age of 18 years old and is an enrolled member of, or who is eligible to be an
enrolled member of, a federally recognized Tribe.
12. Indian Custodian means an Indian person in whose care a child is entrusted by informal
agreement between that person and the child's parent.
13. Interested Party means a relative of the child, caregiver for the child, or anyone else with
a legitimate interest in the child’s welfare and wellbeing. Whether a non-relative has a
legitimate interest in the child’s welfare and wellbeing can be established by Tribal
cultural practices and/or proof of the individual's connection to the child and involvement
in the child’s life.
14. Legal Custody means the right to the care, custody, and control of a child and the duty to
provide food, clothing, shelter, ordinary medical care, education, and discipline for a
child and, in an emergency, to authorize surgery or other extraordinary care. Legal
custody may be taken from a parent only by court action.
15. Modification of Parental Rights means a court action which limits on a long term basis a
parents legal custody or right or physical custody of a child, without complete severance
of the parent/child relationship. This is an alternative to termination of parental rights.
16. Neglect occurs when a parent, guardian, legal custodian or Indian Custodian’s failure to
act results in death, serious physical or emotional harm of a child, or creates an imminent
risk of serious harm or endangerment to a child. This includes any of the following:
a. Abandonment of a child;
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Children’s Code
Approved: July 22, 2025
b. Failure to take reasonable efforts to stop another person from abusing the child if
the abuse was known or reasonably should have been known given the
circumstances; or
c. Failure or refusal to provide necessities of life (food, clothing, shelter, medical
care) or any other necessary care for the child’s health and wellbeing including
the failure to meet any other physical needs of the child; to adequately supervise
the child; or the failure to meet the child’s emotional, social, educational, or safety
needs.
17. Parent means either a natural or adoptive parent of a child.
18. Protective Supervision means a legal status created by court order under which the child
is permitted to remain in his home or is placed with a relative or other suitable person,
and supervision and assistance is provided by the court, the Tribal child welfare
department, or other agency designated by the court.
19. Residential Treatment refers to a live-in healthcare setting where individuals receive
comprehensive care and support.
20. Transfer Proceedings means any proceeding in the Tribal Court to accept or decline
transfer from any state court or other tribal court of any court proceeding for the
determination of jurisdiction or placement, or termination of parental rights to any Indian
child.
21. Tribe means the Bear River Band of the Rohnerville Rancheria unless otherwise stated.
22. Tribal Council means the governing body of the Bear River Band of the Rohnerville
Rancheria, pursuant to Article IV of the Bear River Band Constitution.
23. Tribal Presenting Officer means a representative of the Tribe who is officially designated
to present issues on behalf of the Tribe arising under this Code.
24. Tribal Social Services Department/Worker means the Bear River Band Social Services
department, or a social worker employed by the Bear River Band of the Rohnerville
Rancheria.
4.05.05
BEST INTERESTS OF THE CHILD STANDARD
The best interests of the child are served by a living situation that best maintains a child’s
emotional growth, family, Tribal and cultural ties, health and stability, education, and physical
care.
ARTICLE THREE: JURISDICTION
4.05.06
GENERAL JURISDICTION
The jurisdiction of the Bear River Band Tribal Court shall be civil in nature and shall include the
right to issue all orders necessary to insure the safety of children who are alleged or found to
have been abused or neglected or who are in court ordered guardianships. The Tribal Court shall
have the power to issue and enforce subpoenas, protective orders, fines, contempt, out of home
placement orders, guardianship orders, and other orders as appropriate.
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Children’s Code
Approved: July 22, 2025
4.05.07
PERSONS
The Bear River Band Tribal Court shall have jurisdiction over children who have been abused or
neglected as defined in this Code and their parents, guardians, legal custodians or Indian
custodians:
1. Any child who is an enrolled member of, or eligible for enrollment in the Tribe.
2. Any child of an enrolled Tribal member.
3. Any child residing within the exterior boundaries of the Tribe's Reservation or Rancheria,
in the home of an enrolled member of the Tribe, for whatever reason, as long as the
parents, guardians, or custodians have consented to the jurisdiction of the Tribal Court.
4. Any Indian child of another Tribe, so long as the governing body of the child’s Tribe has
consented in writing by Resolution or other form to the Bear River Tribal Court's
exercise of jurisdiction and such consent has been filed with the Court.
4.05.08
JURISDICTION OVER EXTENDED FAMILY
Except as otherwise provided, where the Court asserts jurisdiction over a person under this Code,
the Court shall also have jurisdiction over the person's extended family whenever the Court
deems it appropriate. Notice and the opportunity to be heard must be provided to the specific
family members over whom the court is seeking to exercise jurisdiction.
4.05.09
ENROLLMENT
For determining who is a Tribal Member for purposes of this Code, the Bear River Band will
follow its Enrollment law and procedures. The Indian Tribe of either or both parents shall
determine who is an Indian for non-member children.
4.05.10
INDIAN CHILD WELFARE ACT TRANSFERS
1. Indian Child Welfare Transfers from State Courts:
a. The Court is authorized to accept transfer of any child abuse or neglect cases
involving an Indian child over whom this court has jurisdiction, provided the
court determines that the case transfer is not detrimental to the child’s best
interests or the interests of the child’s Tribe.
b. The transferring court may apply the policies of the Indian Child Welfare Act. 25
U.S.C. Sec. 1901-1963, where they do not conflict with the provisions of this
Code. The procedures for state courts in the Indian Child Welfare Act shall not be
binding upon the Court unless specifically provided for in this Code or the Bear
River Band Rules of Court.
c. Upon transfer of a case into the Court, the Tribal Court case shall proceed as if the
petition had been originally filed or the adjudication had been originally made in
the Court.
2. Transfer To State or Other Tribal Court:
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Children’s Code
Approved: July 22, 2025
a.
In any proceeding before the Court, the Court may transfer the proceedings to an
appropriate state or another tribal court where the state or other Tribe have a
significant interest in the child and the transfer would be in the best interests of
the child and the child's Tribe.
b. When transferring a case, the Court shall transmit all documents, legal and social
records or certified copies thereof, to the receiving court.
4.05.11
FULL FAITH AND CREDIT
1. State Court Orders
State court orders issued in child custody proceedings as defined under ICWA, involving
children over whom the Tribal Court could take jurisdiction under this Code may be
recognized by the Court only after a full independent review of such state proceedings
has determined:
a. The state court had jurisdiction over the child;
b. The provisions of the Indian Child Welfare Act were properly followed;
c. Due process was provided to all interested persons participating in the state
proceeding; and
d. The state court proceeding does not violate the public policies, customs or
common law of the Tribe.
2. Other Tribal Courts
Court orders of other Tribal courts involving children over whom the Court could take
jurisdiction under this Code shall be recognized by the Court after the court has
determined:
a. That the other tribal court exercised proper subject matter and personal
jurisdiction over the parties; and
b. Due process was accorded to all interested parties participating in the other tribal
court proceeding.
ARTICLE FOUR: PROCEDURES
4.05.12
RIGHTS OF PARTIES
All parties have a right to be represented by an advocate or attorney at their own expense in all
proceedings under this Code, to introduce evidence, to be heard on his or her own behalf, to
examine witnesses, and to be informed of possible consequences if the allegations of the petition
are found to be true. All parties shall be entitled to advance copies of court documents, including
petitions and reports, unless deemed inappropriate by the Court.
4.05.13
EXPLANATION OF RIGHTS
At the first appearance before the Court, the child and the child's parents, guardian, or other
legal custodian shall be fully advised by the Court of their legal rights, including the right to
be represented by counsel, at their own expense, at every stage of the proceedings.
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Children’s Code
Approved: July 22, 2025
4.05.14
REPRESENTATION OF CHILD
At any stage of the proceeding conducted under this Code the Tribal Court may appoint separate
counsel for the child, without affecting the right to counsel of the parents, guardians or other
legal custodians, to act as guardian ad litem representing the child's best interests.
4.05.15
REPRESENTATION BY THE TRIBE
1. The Bear River Band Social Services department is authorized to act as the Tribal
Presenting Officer and to represent the position of the Tribe proceedings arising under
this Code, and in proceedings in state courts that are subject to transfer of jurisdiction to
the Tribal Court under the Indian Child Welfare Act or in which the Tribe has a right to
intervene as a party.
2. The Bear River Band Social Services staff shall develop and maintain a file on any
proceedings in which Tribal participation is contemplated, as set forth in 1. above. The
file shall include copies of all papers filed in the proceedings, and social worker or related
assessments, whether or not filed in court.
4.05.16
COURT RULES
1. Procedures shall be governed by the Bear River Band Rules of Court, which are not in
conflict with this Code.
2. Where there is a conflict with the Rules of Court, provisions of this Code will apply.
4.05.17
SOCIAL SERVICES
The Court shall utilize social services as may be furnished by any Tribal, federal or state agency
provided that the services are in the child’s best interest and will not interfere with the child’s
connection to Tribal culture.
4.05.18
CONTRACTS
The Court may negotiate contracts with Tribal, federal, and state agencies or departments for the
care and placement of children before the Court, subject to the approval of Tribal Council.
4.05.19
ADDITIONAL COURT PERSONNEL
The Court may set qualifications and appoint additional personnel such as guardians ad litem,
court appointed advocates (CASA's), Tribal Court advocates, mediators and referees whenever
the court decides that it is appropriate to do so.
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Children’s Code
Approved: July 22, 2025
4.05.20
SOCIAL STUDY AND OTHER REPORTS
Unless waived by the Court, the Tribal Social Services department or other agency designated by
the Court shall conduct a social study and prepare a written report in all children's cases except
as stated in subsection 1. and 2. below.
1. If the allegations of a petition filed are denied, the study shall not be made until the court
has entered an order of adjudication as provided herein.
2. The study and investigation in all adoptions shall be made as provided in Article Sixteen
of this Code.
3. For the purpose of determining proper disposition of a child, written reports and other
material relating to the child's mental, physical, and social history may be received and
considered by the court along with other evidence. The person who wrote the report or
prepared the material shall be required to appear as a witness and be subject to both direct
and cross-examination upon either the request of the child, or the child’s parent or
guardian; or upon a the court’s own motion with a finding by the court that the best
interests of the child or the interests of justice so require.
4. The social study shall include the following points, and be made available to the court,
and the parties as deemed appropriate by the court at least three (3) court days prior to the
hearing at which it will be considered:
a. A summary of the problems;
b. What steps, if any, the parent, guardian, or custodian, have already taken to
correct the problems;
c. What services and support have been offered to the parent, guardian, custodian
and child by Tribal Social Services;
d. What services could be of benefit to the parent, guardian, or custodian. but are
e. not available in the community;
f. A report on how the child is doing in his/her current placement(s) since the last
hearing. If there have been any moves, the report shall contain the reason for such
moves;
g. Dates of contacts, or attempted contacts, method of contact, approximate duration
of contact and any subjects discussed during contacts with parents, guardians or
custodians and the child since the last hearing,
h. If there have been no contacts, what efforts have been made to have them;
i. An assessment of when the child is expected to return home;
j. If the child’s placement is being considered by the court:
i. A list of the child’s extended family members and a summary of contacts,
or attempted contacts, by Tribal Social Services regarding whether those
family members are interested in being a placement for the child;
ii. Any known barriers to placement in interested extended family members’
homes;
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iii. If it is for use at a dispositional or review hearing a case plan and
recommendations for the next six (6) months. Such recommendations shall
include:
1) A treatment plan for the parents, guardians or custodians who have
been found to abuse or neglected the child;
2) Present and future placement of the child; and
3) Any services recommended for the child.
4.05.21
FAMILY GROUP CONFERENCING
1. Purpose
Before conducting an adjudicatory hearing in any case, the Court shall provide the child's
family with an opportunity to establish a plan which will ensure the safety of the child
who has come before the court and thereby potentially eliminate the need for ongoing
judicial intervention. This Code recognizes a Tribal cultural preference for family
decision making as opposed to judicial intervention and adjudication when possible, and
encourages families to take seriously the issues with which they are presented.
2. Participants
The goal and purpose of the family group conference is to diminish the number of
children who must be removed from their homes and families as a result of child abuse or
neglect. The following individuals may attend and participate in the Family Group
Conference:
a. All immediate and extended members of the family; and
b. In cases where there has been domestic or family violence, any support person or
advocate who is accompanying the victim of domestic or family violence. If the
victim of domestic or family violence does not feel safe for any reason in
attending this session, the perpetrator shall not attend the family session and the
family shall work with the victim to develop a plan of safety for the child and the
victim.
3. Coordinator
The Court shall designate a mediator who is familiar with the culture and traditions of the
child’s Tribe who shall serve as coordinator of Family Group Conference.
4. Stages
Family Group Conferences shall be comprised of the following stages:
a. Introduction, during which the coordinator shall welcome all participants, explain
the purpose of the Family Group Conference, explain the manner in which the
conference will be conducted as well as the judicial and social services procedures
that will be followed with regard to the conference, and shall establish an
agreement with all of the participants regarding the role that each individual shall
play and the goal of the conference.
b. Information sharing meeting, during which time professionals involved in the
case shall present to the family facts regarding the safety issues concerning the
child and any resources available to resolve those safety issues. The coordinator
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shall provide the family with an opportunity to ask questions of the professionals
to ensure that the family is well informed before they conduct their private
conference.
c. Family meeting, during which time the family shall discuss the facts and
determine whether or not the child was either abused or neglected, and if so, what
needs to occur to ensure that the child is properly cared for and protected from
future harm.
d. Proposal of family decision and plan, if any, to the coordinator, the social worker
and other professional people involved in the case for approval.
e. Presentation of family decision and plan to Tribal Court judge.
5. Professionals
During the information sharing stage of the Family Group Conference, the following
individuals may be present:
a. Social worker who conducted the child abuse and neglect investigation;
b. All other professionals who have facts regarding the case, including law
enforcement investigators, officers, medical personnel, school counselors, school
teachers, and any other professionals who have information concerning the
allegations of abuse or neglect.
6. Family Meeting
During the family meeting everyone other than the child’s family members shall leave
the room and permit the family to discuss the information privately. The coordinator shall
inform the family that they may spend up to two 8-hour days evaluating their decision
and plan. The coordinator shall provide the family with a private room for the family
meeting, and shall ensure that the family's discussions are completely confidential. The
family may request the assistance of the coordinator in reaching agreement on and
drafting the terms of the plan, and/or may request information from Tribal Social
Services about available services.
7. Veto
Once a family reaches a decision, the social worker, coordinator and any other support
people shall return to the meeting, at which time the family shall present and explain the
plan. At this stage of the conference, the following individuals have the authority to veto
the decision reached by the family, and to request that the family continue their
discussion to reach an alternate plan:
a. Either of the child's parents;
b. Any current guardian of the child;
c. Social worker who made the initial referral; and/or
d. Child's attorney, guardian ad litem or advocate.
Anyone vetoing the proposed plan must explain the reason they believe the plan will not
keep the child safe and explain any additional terms they believe are necessary to ensure
the child’s safety.
8. Presentation
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a. Once the family; the social worker; and the child’s attorney, guardian ad litem, or
advocate (if any has been appointed) reach an agreement regarding the safety plan
for the child, the family and the social worker shall present the plan to the Tribal
Court judge who shall review the plan, listen to any argument by any of the
professionals or family members involved in the case, and shall approve or
disapprove of the plan.
b. If the judge disapproves the plan, the judge has the discretion to either send the
family back for an additional conference or set the case for adjudication hearing.
c. If the judge approves the plan, the judge may dismiss the petition. The judge must
explain to any Respondents present that the petition may be re-filed if they fail to
follow through with the family plan.
4.05.22
COURT RECORDS
1. Oral
The oral portion of all court proceedings shall be recorded verbatim.
2. Files
The contents of all court files, including transcripts of oral proceedings shall be kept
confidential, and shall be open to inspection only by the parents or guardian, attorneys,
and other parties in proceedings before the court, and to any agency to which legal
custody of the child has been transferred; except records of court proceedings in adoption
and relinquishment shall be confidential and open to inspection only by court order.
3. Inspection
Upon order of the Tribal Court, records of the court proceedings may be inspected by the
child, by persons having a legitimate interest in the proceedings, and by persons
conducting pertinent research studies. Probation, wellness court, mental health and all
medical records shall not be open to inspection, except by order of court.
4.05.23
DUTY TO REPORT CHILD ABUSE
1. Duty
Any person who has a reasonable cause to suspect that a child has been abused, neglected
or abandoned shall immediately report the abuse, neglect or abandonment to the Tribal
Social Services department.
2. Mandatory Reporters
Those persons who are mandated to report suspected abuse or neglect include any
physician, nurse, dentist, optometrist, or any other medical or health professional; school
principle, 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; counselor; court visitation monitor, peace officer or other law enforcement
official.
3. Cause to Report
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4.
5.
6.
7.
8.
9.
Any person who has a reasonable cause to suspect that a child has been abused, neglected
or abandoned shall report the abuse, neglect or abandonment. Those persons reporting,
except those specified in subsection 2. above, may remain anonymous.
Immunity
All persons or agencies reporting, in good faith, known or suspected instances of abuse or
neglect shall be immune from civil liability and criminal prosecution.
Failure to Report
Those persons mandated to report a case of known or suspected abuse or neglect who
knowingly fail to do so or willfully prevent someone else from doing so shall be subject
to a civil cause of action proceeding in Tribal Court. Consequences for a Mandated
Reporter failing to report may include a fine of up to $1000 fine and/or adverse
employment consequences for Tribal employees ranging from a written warning to
possible termination depending on the severity of the abuse that has gone unreported and
the level of knowledge the employee had of the alleged abuse.
Oral reports
Those persons mandated to report shall promptly make an oral report to the Tribal Social
Services department and then follow with a written report as soon thereafter as possible if
required by Social Services.
Written Reports
The following shall be included in the written report:
a. Names, addresses, and Tribal affiliation of the child and his or her parents,
guardians or custodian;
b. The child's age;
c. The nature and content of the child's abuse or neglect;
d. Previous abuse or neglect of the child or his or her siblings, if known;
e. The name, age, and address of the person alleged to be responsible for the child's
abuse or neglect, if known; and
f. The name and address of the person or agency making the report.
Photographs and X-Rays
Persons reporting suspected abuse or neglect may photograph or cause x-rays to be taken
of the child suspected of being abused, and such photographs or x-rays may be
introduced into evidence at a hearing.
Registry
The Tribal Social Services shall maintain a central registry of reports, investigations and
evaluations made under this Code. The registry shall contain the information furnished by
Tribal personnel throughout the Rancheria, including protective service workers,
probation officers, caseworkers and Indian Child Welfare Program employees. Data shall
be kept in the central registry until the child concerned reaches the age of eighteen (18)
years (unless the Tribal Court orders that individual records shall be kept on file beyond
that date in order to protect other siblings). Data and information in the central registry
shall be confidential and shall be made available only with the approval of the director of
the department to the Tribal Court, Social Services agencies, public health and law
enforcement agencies, licensed health practitioners, and health and educational
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institutions licensed or regulated by the Tribe. A request for the release of information
must be submitted in writing, and such request and its approval shall be made part of the
child's file.
10. Hearings
All hearings shall be as informal in nature as possible. Interested parties may present
evidence relating to the situation. The general public shall be excluded from the
proceedings. Only the parties, their counsel, witnesses, the child's extended family and
other persons determined to be appropriate by the court shall be admitted. The Court may
exclude persons from hearings for good cause including but not limited to the individual
being disruptive, the individual being a witness, or sensitive matters such as specific
details of sexual abuse being discussed at hearing.
11. Evidence
The Rules of Court shall be followed. However, hearsay evidence shall be admissible,
except that a finding of fact cannot be supported by hearsay alone. The Tribal Court may
subpoena witnesses on its own motion, or on the motion of a party.
ARTICLE FIVE: INVESTIGATION, REMOVAL AND NOTICE
4.05.24
INVESTIGATION
All reports of alleged child abuse or neglect shall be investigated by the Tribal social services
department or other appropriate agency in a manner that proves to be timely and diligent unless
the Tribal Court directs otherwise
4.05.25
AUTHORITY TO REMOVE AND PLACE IN TEMPORARY CUSTODY
If the Tribal social worker investigating a report of child abuse or neglect finds that any of the
following grounds for removal have been met, the social worker shall remove the child from the
home in which the child is residing and place the child in a temporary receiving home, or other
appropriate placement without order from the Court:
1. When there are reasonable grounds to believe the child is in immediate risk of being
abused or neglected;
2. When the child is abandoned, lost, or seriously endangered in their surroundings and
immediate removal appears to be necessary for the child's protection; or
3. When there are reasonable grounds to believe that the child has run away or escaped from
his parents, guardian, or legal custodian due to abuse or neglect.
4.05.26
POWER TO REMOVE
1. Basis for Removal
Tribal Social Workers shall have the power to remove a child pursuant to this Section
provided that:
a. Reasonable grounds existed at the time of the removal to believe the removal was
necessary;
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b. Tribal Social Services ensures the safety and well-being of the child, until such
time as the Court assumes control of the matter; and
c. Tribal Social Services complies with the notice provisions contained in this Code.
2. Placement Preferences
Whenever Tribal Social Workers remove a child from their home, they shall follow the
placement preferences explained in Article Ten of this Code
4.05.27
EFFORTS TO PREVENT REMOVAL
Before taking a child into custody, a social worker shall consider whether the child can remain
safely in his or her residence. The consideration of whether the child can remain safely at home
shall include, but shall not be limited to, the following factors:
1. Whether there are any reasonable services available to the worker which, if provided to
the child’s parent, guardian, caretaker, or to the minor, would eliminate the need to
remove the child from the custody of his or her parent, guardian, or caretaker.
2. Whether a referral to public assistance would eliminate the need to take custody of the
child. If those services are available, they shall be utilized.
3. Whether a non-offending caretaker can provide for and protect the child from abuse and
neglect and whether the alleged perpetrator voluntarily agrees to withdraw from the
residence, withdraws from the residence, and is likely to remain withdrawn from the
residence.
4.05.28
NOTICE TO THE PARENT, GUARDIAN OR CUSTODIAN
Tribal Social Services shall make all reasonable efforts to notify the parents, guardian or
custodian, within twelve (12) hours of the department removing the child. Reasonable efforts
shall include personal, telephone and written contacts at their residence, place of employment, or
other location where the parent, guardian or custodian is known to frequent with regularity. If the
parent, guardian or custodian cannot be found, notice shall be given to members of the extended
family of the parent, guardian or custodian and/or the extended family of the child.
ARTICLE SIX: PETITION AND INITIAL HEARINGS
4.05.29
CHILD PROTECTION PETITION AND PRELIMINARY
INVESTIGATION:
1. Authorization
Formal child protection proceedings shall be instituted by a Child Protection Petition
filed by Tribal Social Services on behalf of the Tribe when the department believes that
abuse or neglect of a child has occurred and judicial intervention is necessary to prevent
further incidents of abuse or neglect.
2. Removal
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If the child has been removed from their home, a Child Protection Petition shall be filed
with the Tribal Court no later than 12:00 p.m. (noon) of the second court working day
following the removal.
4.05.30
CONTENTS OF PETITION
The child protection petition shall set forth the following with specificity:
1.
2.
3.
4.
The name, birth date, gender, residence and Tribal affiliation of the child;
The basis for the court's jurisdiction;
The specific allegations of abuse, neglect or abandonment;
A plain and concise statement of the facts upon which the allegations of abuse, neglect or
abandonment are based, including the date, time and location at which the alleged facts
occurred;
5. The names, residences and Tribal affiliation of the child's parents, guardians or
custodians, if known;
6. The names, relationships and residences of all known members of the child's extended
family and all former care givers, if known; and
7. If the child is placed outside of the home, where the child is placed, the facts
necessitating the placement, and the date and time of the placement.
4.05.31
SUMMONS, ISSUANCE, CONTENTS, SERVICE
1. Summons
After a Petition has been filed, the court clerk shall promptly issue a summons requiring
the Respondents to appear at the initial hearing and informing any named Respondents of
the following:
a. A Child Protection Petition has been filed on behalf of the child;
b. The consequences of the case can include the temporary or long term removal of
the child from the Respondents’ custody and the potential modification of
parental rights;
c. A Summary of the Respondent(s) legal rights; and
d. The Tribal Court may appoint a Tribal elder, attorney, guardian ad litem, CASA
or other advocate on the child's behalf.
2. Production of Child
The summons may require the person or persons having the physical custody of the child
bring the child to the initial hearing. If the person or persons so summoned are not the
parents or guardian of the child, the summons shall also be issued to the parents or
guardian, or both, notifying them of the pendency of the case and of the time and place
set for the hearing.
3. Joinder
The Tribal Court, on its own motion or on the motion of any party may join as a
Respondent any person it deems necessary to the action and authorize the issuance of a
summons directed to such person.
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4. Taking Custody of Child
If it appears that the welfare of the child or of the Tribe requires that the child be taken
into custody, the court may, by endorsement upon the summons, direct that the person
serving the summons take the child into custody at once.
5. Service
a. Personal
The Summons shall be served personally. It shall be sufficient to confer
jurisdiction if service is effected not less than two (2) days before the time fixed
in the summons for the appearance of the person served.
b. Other
If the parents, guardian, or other legal custodian of the child required to be
summoned cannot be found within the Tribal jurisdiction, the fact of the child's
presence within the Tribe's jurisdiction shall confer jurisdiction on the Tribal
Court as to any absent parent, guardian, or legal custodian, if notice has been
given as required by the Rules of Court when personal service is required but not
practicable.
6. Contempt
Any person summoned or required to appear who has acknowledged service and fails to
appear without reasonable cause may be proceeded against for contempt of court.
7. Initial Hearing
The initial hearing regarding the removal or detention of a child shall be held before the
end of the fourth working day following the filing of the child protection petition.
a. Purpose. The purpose of the initial hearing is to determine whether it is
reasonable to believe that continuing absence from the home is necessary to
protect the wellbeing of the child. During the hearing, the Court shall advise the
parties of the reason for the hearing and of their basic rights described in
subsection c. below.
b. Reports. Any agency reports, including Tribal Social Service reports, shall be
received.
c. Explanation of Rights. The court shall explain to the parties their basic rights
listed in Article Four.
d. Admission of Denial of Allegations. The Court must explain the allegations to any
Respondents present at hearing. After the Court’s explanation, the Respondents
shall admit or deny the allegations in the petition.
e. Parties. Missing parties and relatives shall be noted and notice to the parties shall
be reviewed.
f. Findings. The Court shall specify why continuation of the child in the home
would be contrary to the child's welfare.
g. Prevention. The Court shall specify whether reasonable efforts have been made to
prevent the child’s out of home placement.
h. Visitation. The Court shall specify the terms of any visitation between the child
and any caretakers from whose custody the child was removed, minor siblings
with whom the child is not residing, as well as any relatives or other significant
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Children’s Code
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people in the child’s life who are requesting visitation. The Court shall only grant
visitation if it is in the child’s best interests to do so.
8. Possible Outcomes of Initial Hearing
a. The Child Protection Petition may be dismissed and the child returned to home
with direction to the parties concerning future parental conduct and the provision
of services to the child and parents; or
b. The child may be returned to the home of the parents, guardian or custodian under
the supervision of the Court, pending the adjudicatory hearing or a family group
conference.
ARTICLE SEVEN: ADJUDICATORY HEARING, FINDINGS, ADJUDICATION
4.05.32
TIMING
The adjudicatory hearing shall be held no later than thirty (30) days following conclusion of the
initial hearing or family group conference, whichever occurs later.
4.05.33
PURPOSE
The purposes of this hearing are:
1. To determine whether the allegations in the petition are true;
2. To reassess whether continuing court intervention is necessary to protect the well-being
of the child; and
3. To determine whether the child can safely be returned to or remain in the home of the
person who is found to have committed abuse or neglect.
4.05.34
OUTCOME OF HEARING
The Tribal Court shall find the allegations of the petition to be true or dismiss the petition, unless
the hearing shall be continued to a date certain to allow for the presentation of further evidence.
4.05.35
JURISDICTIONAL FACTS
Jurisdictional matters of the age and residence of shall be deemed admitted by or on behalf of the
child, unless specifically denied prior to the adjudicatory hearing.
4.05.36
ADDITIONAL MATTERS
When it appears that the evidence presented at the hearing discloses facts not alleged in the
petition, the Tribal Court may proceed immediately to consider such additional or different
matters raised by the evidence.
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4.05.37
AMENDMENT
When new allegations or evidence are revealed at hearing, the Tribal Court, on the motion of an
interested party or on its own motion, shall order the petition to be amended to conform to the
evidence. If the amendment results in a substantial departure from the original allegations in the
petition, the court shall continue the hearing on the motion of any interested party, or on its own
motion, if it finds it to be in the best interests of the child or any other party to the proceedings.
4.05.38
BURDEN OF PROOF
The burden of proof lies with Tribal Social Services in cases alleging child abuse or neglect.
Tribal Social Services must prove that the allegations raised in the petition are more likely true
than not, that is, by a preponderance of the evidence, and that the best interests of the child and
the child's Tribe will be served by continued court intervention.
4.05.39
CONTINUANCES
After making a finding that the court has personal jurisdiction over the parties, but before making
adjudication whether abuse or neglect occurred, the Tribal Court may continue the hearing from
time to time, allowing the child to remain in their own home or in the temporary custody of
another person or agency, subject to such conditions of conduct and of visitation or supervision
by the Tribal Social Services department as the Tribal Court may prescribe, if:
1. Consent is given by the child and their parent, guardian, or other legal custodian after
being fully informed by the court of their rights in the proceedings, including their right
to have an adjudication made either dismissing or sustaining the petition; and
2. Such continuation shall extend no longer than six (6) months without review by the court.
Upon review the court may continue the case for an additional period not to exceed six
(6) months, after which the petition shall either be dismissed or sustained.
ARTICLE EIGHT: DISPOSITIONAL HEARING
4.05.40
TIMING
The Dispositional Hearing shall be held no later than thirty (30) days after making an order of
adjudication.
4.05.41
PURPOSE
The purpose of the hearing is for the court to determine the terms of the case plan including
where the child will live and what services will be offered or required to address the issues that
lead to the abuse or neglect.
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4.05.42
EVIDENCE
The evidence shall include, but not necessarily be limited to the social study and other reports,
and such other oral and documentary facts as the parties may present.
4.05.43
CHILD WITNESS
If the Court determines that it is in the best interests of the child and does not violate the rights of
a party, the Court may allow the child to testify by means of a videotape deposition, closed
circuit television or other appropriate method. If the Court does allow these methods to be
utilized, the Court shall specifically set out the reasons for this determination on the record.
4.05.44
OUTCOME OF HEARING
The court shall determine:
1. The terms of the case plan, including rehabilitative and/or supportive services that are
required for the person(s) who have been found to have committed abuse or neglect, and
any supportive services for the child;
2. Where the child should be placed while the case plan is in effect;
3. Whether the plan proposed by Social Services reasonably address the problems and needs
of the child and parent; and
4. Whether Social Services has made reasonable efforts to eliminate or prevent the need for
placement.
4.05.45
FAMILY MAINTENANCE SERVICES
The Tribal Court may find that out-of-home placement is not needed to protect the child, but
continue Court intervention and supervision due to unresolved problems in the home.
4.05.46
GROUNDS FOR CONTINUED REMOVAL FROM THE HOME
The Court may find that the child shall remain out of the home. The grounds for continued
removal are:
1. The child has no parent, guardian or custodian available, willing and capable to care for
the child;
2. The child has suffered, or is likely to suffer a physical injury inflicted upon them by other
than accidental means, which creates a substantial risk of death, disfigurement or
impairment of bodily functions;
3. The child has not been provided with adequate food, clothing, shelter, medical care,
education or supervision by his/her parent, guardian or custodian, which is necessary for
the child's health and wellbeing;
4. The child has been sexually abused or sexually exploited; and/or
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Children’s Code
Approved: July 22, 2025
5. The child, as a result of emotional abuse or neglect, has suffered, or is likely to suffer,
emotional damage which causes or creates a substantial risk of impaired development.
4.05.47
CONDITIONS SET FOR RETURN OF CHILD TO PARENT, GUARDIAN
OR CUSTODIAN
Court may find that out-of-home placement is necessary, but with the accomplishment of
specified actions by the parent, guardian or custodian, the child may be returned absent good
cause to the contrary. The order of the court shall specify actions, and the time frames for such
actions, that parents, guardians, or custodians must accomplish before the child is returned. The
order shall also specify the responsibilities of any support agency or personnel to be involved.
4.05.48
OUT-OF-HOME PLACEMENT
The Court may find that out-of-home placement continues to be necessary and further that the
child shall not be returned to the home, absent further order of the court. The Court shall specify
what steps the parents, guardians or custodians shall take to demonstrate their abilities to care for
their child, and specify what factors the Court will consider at a subsequent hearing to determine
whether or not the child should be returned.
4.05.49
REHABILITATIVE AND/OR SUPPORTIVE SERVICES
The Court may order the child, parents, custodians or guardians to attend any of the following, if
the court determines they are related to the circumstances which caused the child to come to the
attention of the Court; they are likely to promote the best interests of the child; they are will aid
the family in reunifying and/or eliminating the need for continued court intervention; and/or they
support the child’s ongoing connection to their Tribal culture and community:
1.
2.
3.
4.
5.
6.
4.05.50
Parenting education classes;
Alcohol or substance abuse treatment;
Mental Health Counseling;
Counseling for victims or perpetrators of domestic violence; or
Specific Tribal cultural activities
Any other services that the court determines may be useful in aiding family reunification.
CONTINUANCE
The Court may continue the dispositional hearing, on its own motion or on the motion of any
interested party, for a reasonable period to receive reports or for good cause. If the hearing is
continued, the court shall make an appropriate order for care of the child during the continuance.
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4.05.51
SCHEDULING
In scheduling investigations and hearings, the Court shall give priority to proceedings concerning
a child who has otherwise been removed from their home before an order of disposition has been
made.
4.05.52
DEFAULT
If a parent, guardian or custodian fails to appear for the hearing, the Court may find such parent,
guardian or custodian in default, and enter any orders it could otherwise enter.
4.05.53
NOTICE
Prior to finding a parent, guardian or custodian in default, the Court must be satisfied actual
notice has been given or that all reasonable possible steps have been taken to provide such
notice.
4.05.54
FINDING
If the parent, guardian or custodian is found in default, the Court shall specify the facts, grounds
and Code Sections upon which it relied to make such finding.
ARTICLE NINE: SIX (6) MONTH REVIEW HEARING
4.05.55
REVIEW REQUIREMENT
The status of all children shall be reviewed by the Court at least every six (6) months at a hearing
to determine whether court supervision shall continue; except that the first review following
issuance of dispositional orders shall be held within ninety (90) days thereafter.
4.05.56
RETURN TO HOME
A child shall be returned home at the review hearing unless the Court finds that a reason for
removal as set forth above in this Code still exists. The Court may, due to unresolved problems
in the home, continue court intervention, services, and supervision as appropriate for children
who are returned home.
4.05.57
WRITTEN ORDER
If continued court intervention is determined to be necessary, the Court shall set forth the
following in a written order:
1. What services have been provided or offered to the parent, guardian, or custodian, to help
correct the underlying problem;
2. The extent to which the parent, guardian or custodian is compliant with the Court ordered
family plan;
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Children’s Code
Approved: July 22, 2025
3. Whether the parent, guardian or custodian is ordered to participate in any additional
programs to help correct the underlying problem(s);
4. The extent to which the parent, guardian or custodian has visited or contacted the child,
any reason why such visitation and/or contact has been infrequent or not otherwise
occurred; and
5. When the Permanency Planning hearing will occur.
ARTICLE TEN: PLACEMENT PREFERENCES
4.05.58
LEAST RESTRICTIVE SETTING
If a child cannot be returned home, the child shall be placed in the least restrictive setting which
most approximates a family and in which his or her special needs, if any, can most likely be met.
The child shall also be placed within reasonable proximity to their home. Taking into account
any special needs of the child. The placement restrictions set forth in this Code shall be followed.
4.05.59
ORDER OF PREFERENCES
Whenever appropriate, a child shall be placed in a home with the following characteristics,
which shall be given preference in the following order:
1.
2.
3.
4.
5.
Members of the extended family;
An Indian family of the same Tribe as the child;
People who have a relationship with the child, but who are not related to the child;
An Indian family; or
Any other family which can provide a suitable home for the child.
ARTICLE ELEVEN: PERMANENCY PLANNING HEARING
4.05.60
TIMING AND MANNER
Permanency Planning Hearings shall be held no sooner than twelve (12) months and no later
than eighteen (18) months after issuance of the orders of disposition, and periodically thereafter.
This will not be a routine hearing and is intended to keep a child from drifting in foster care
placements.
4.05.61
PURPOSE
The purpose of the hearing is to determine whether or not the child will be reunified with the
caretaker who was found to have abused or neglected them, and if not, where the child shall live
on a long term basis.
4.05.62
SOCIAL STUDY REPORT
A social study report meeting the requirements of Section 4.05.20 of this Code shall be prepared.
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4.05.63
FINDINGS
The Court shall make specific findings as to whether:
1.
2.
3.
4.
4.05.64
The child is to be returned home on a specific date;
The child will be placed with a legal guardian;
Placed with a fit and willing relative;
Placed in another planned living arrangement. This option can only be ordered if the
Court can find there is a compelling reason that none of the prior options are in the
child’s best interests.
CONTINUANCE OF HEARING
If a parent has made substantial progress on their case plan, and the Court finds that they will
likely successfully complete their case plan if they are given additional time to do so, the Court
may continue the permanent plan hearing for up to six (6) months.
ARTICLE TWELVE: ORDERS OF PROTECTION
4.05.65
ORDERS
The Court may make an order of protection in assistance of, or as a condition of any order of
disposition. The order of protection may set forth reasonable conditions of behavior to be
observed for a specified period by the parent, guardian, or any other person who is a party to a
proceeding.
4.05.66
SPECIFIC ORDERS
The order of protection may require any restrained person:
1. To stay away from a child and their residence.
2. To permit a parent to visit a child at stated periods and at stated places, and under stated
conditions.
3. To abstain from offensive conduct against a child, his or her parent(s), guardian, or any
other person to whom custody of a child has been given.
4. To ensure the home is clean enough and has food and necessary utilities available to keep
a child safe and comfortable.
5. To cooperate in good faith with an agency:
a. Which has been given legal custody of a child;
b. Which is providing services to, or protective supervision of, a child by Court
Order; or
c. To which the child has been referred by the Court.
6. To refrain from actions that tend to make a home an unsafe place for a child.
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4.05.67
REHABILITATION
When an order of protection is made applicable to a parent, guardian or custodian, it may
specifically require his or her active participation in the rehabilitation process and may impose
specific requirements upon them, subject to the penalty of contempt for failure to comply with
such order without good cause.
4.05.68
MODIFICATION
After notice and opportunity for a hearing is given to a person subject to an order of protection,
this order may be terminated, modified, or extended for a specified period of time if the Court
finds that the best interests of the child and the Tribe will be served thereby.
4.05.69
CONTEMPT
A person failing to comply with an order of protection without good cause may be found in
contempt of court.
4.05.70
FOREIGN PROTECTIVE ORDERS
The Tribal Court shall give full and faith and credit to any protective order issued by any other
court that affects any party to an action before the Court or any person within Tribal jurisdiction.
ARTICLE THIRTEEN: CUSTODIAL RIGHTS AND DUTIES
4.05.71
GENERAL
Any individual, agency, or institution vested by the Court with legal custody of a child shall have
the rights and duties of a parent; except the right to consent to the adoption of the child, unless
that right has been expressly given him by order of the Court.
4.05.72
INFORMATION AND REPORTING
1. When legal custody or guardianship of the person is vested in any individual, agency or
institution, the Court shall transmit, with the Court Order, copies of any information
contained in the social studies, clinical reports, and other documents in the Court's file,
concerning the care and treatment of the child if the individual has not already received a
copy of these documents.
2. Any individual, agency, or institution having legal custody or guardianship of the person
shall provide the Court with any reports or other information concerning the care and
treatment of the child at any time when required to do so by the Court.
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4.05.73
RESIDENCE
1. Any individual, agency or institutions vested by the Court with legal custody of a child
shall have the right, subject to the approval of the Court, to determine where and with
whom the child shall live;
2. No person vested by the Court with legal custody of a child shall remove the child from
the state of California for more than thirty (30) days without prior Court approval.
ARTICLE FOURTEEN: GUARDIANSHIPS
4.05.74
WHO MAY FILE
Any person may file a petition for guardianship. The petition shall be initiated either by the
proposed guardian or by the child if at least fourteen (14) years of age.
4.05.75
CONTENTS OF GUARDIANSHIP PETITION
The petition for guardianship shall be signed under penalty of perjury by all Petitioners and
include the following, to the best information and belief of the Petitioner(s):
1. The full name, address and Tribal affiliation of the Petitioner;
2. The full name, gender, date and place of birth, residence and Tribal affiliation of the
proposed ward;
3. The basis for Petitioner's belief that a guardianship is necessary;
4. The relationship of the proposed guardian to the proposed ward;
5. The name and address of the person or agency having legal or temporary custody of the
proposed ward;
6. The type of guardianship requested; and
7. If a guardianship of property is requested, a full description and statement of value of all
property owned, possessed or in which the proposed ward has an interest.
4.05.76
TYPES OF GUARDIANSHIP
The types of guardianship shall include guardianship of property and/or guardianship of the
person. The Court may appoint a guardian for the child under such terms and conditions as the
Court sets forth in the written order.
1. Guardianship of the Person.
The Court may appoint a guardian to be responsible for the care and custody of a child.
a. The guardian shall have legal and physical custody of the child, however, shall
not have control over the child’s property unless a guardianship of property is also
granted.
b. Guardianship provides for custody of a child to someone other than the parent(s),
although there is no modification of the parental rights of the parents.
c. The guardian has the same responsibilities to care for the child as a parent would.
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d. The guardian has full legal and physical custody of the child and can make all the
decisions about the physical care of the child that a parent would make.
e. The guardian is responsible for supervision of the child and may be liable for any
intentional damage the child may cause.
f. The guardian is responsible for the child’s care, including the child’s:
i. Food, clothing and shelter;
ii. Safety and protection;
iii. Physical and emotional growth;
iv. Medical and dental care; and
v. Education and any special needs.
2. Guardianship of Property
The Court may appoint a guardian over the property of a child if necessary, and under
such terms and conditions, as the Court deems appropriate.
a. The guardian shall not have the authority, without express written consent of the
Court, to dispose of any real or personal property of the child in any manner,
including, but not limited to, the child’s individual Indian money account.
b. The terms and conditions of the guardianship over a child’s property shall be set
forth in the Court’s written order.
c. Possible terms of the guardianship include:
a. The guardian may be required to post a bond in the amount set by the
Court;
b. The guardian must complete an inventory of any of the child’s property or
money received and return the property at the time ordered by the Court;
c. The guardian must dispose of and manage the estate according to laws and
for the best interests of the child;
d. The guardian must faithfully discharge their duties in relation to the
child’s best interests, and in relation to the care, custody and education of
the child;
e. The guardian must render an account of the child’s property and money,
all the proceeds or interests derived from the property and money, and of
the management and disposition of the same, within three (3) months after
the appointment, and at such other times as the Court directs;
f. At the expiration of the guardianship, the guardian must settle all accounts
with the Court or judge or with the child if they are of full age, or the legal
representative, and to pay over all of the child’s funds and turn over all of
the child’s property;
g. The guardian may use the child’s funds solely for the support and
education of the child and the funds shall only be expended by the
guardian in a reasonable manner according to the circumstances and
station in life of such child, and in such manner as can reasonably be
afforded according to the income and estate of said child; and/or
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h. The child’s property may not be used for the child’s care, but rather is to
be managed for the child until they reach the age of eighteen (18) or are
emancipated by the Court.
4.05.77
DURATION OF GUARDIANSHIP
Unless the Court specifies that a guardianship is temporary, the guardian appointed by the Court
shall have custody and care of the child and/or management of the child’s property, depending
on the type of guardianship, until the child reaches the age of eighteen (18) unless any or the
following occurs before the child’s 18th birthday: the child marries, is emancipated by the Court,
dies, or the guardianship is modified or terminated by the Court. There shall be a presumption of
continued permanent guardianship in order to provide stability for the child.
4.05.78
REMOVAL
No legal custodian or guardian of the person may be removed without their consent until given
notice and an opportunity to be heard by the Court.
4.05.79
BACKGROUND CHECKS
Upon the filing of a guardianship petition, the Court shall request that Tribal Social Services
complete a fingerprint FBI criminal background check and child abuse central registry check on
all adults in the proposed guardian’s home. The results of the background checks must be
provided to the Court prior to the initial hearing whenever possible, and no later than two (2)
weeks from the Court’s request unless good cause exists for the Court to extend that time frame.
4.05.80
GUARDIANSHIP REPORT
1. Upon the filing of a guardianship petition, the Court shall request that Tribal Social
Services conduct a guardianship report on the proposed guardian and the child. The
guardianship report shall contain all pertinent information necessary to assist the Court in
determining the best interests of the child including factors that weigh for or against the
proposed guardian’s home being the best option of all currently available living situations
for the child. The report must include an assessment of whether and how the proposed
guardianship supports the child’s emotional growth, family, Tribal and cultural ties,
health and stability, education, and physical care.
2. No determination of guardianship, other than temporary guardianship, can be made until
a guardianship report has been completed and considered by the Court. The guardianship
report shall be submitted to the Court no later than ten (10) days before the hearing. The
Court may order additional reports, as it deems necessary.
4.05.81
ANNUAL REVIEW
The Court shall review all guardianships at least once a year. This review may be accomplished
through the guardian submitting written reports. The Court must set a review hearing if no
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written report is submitted or if the Court has questions based on the contents of the written
report. The Court may in its discretion set a review hearing in any case.
4.05.82
MODIFICATION OF GUARDIANSHIP
Any party or interested person may petition the Court to terminate or otherwise modify the terms
of a guardianship upon a showing of good cause or a material change in circumstances. The
Court shall only modify the guardianship if the modification is in the child’s best interests based
on either the good cause shown or the proven material change in circumstances.
ARTICLE FIFTEEN: MODIFICATION OF PARENTAL RIGHTS
4.05.83
PURPOSE
The purpose of this Article is to clarify that termination of parental rights is not consistent with
Bear River culture and values. The family unit is of most value to the Tribal community and
individual family members when that unit remains united and together. Termination of parental
rights and the breaking up of Native families was a tool used systemically against Native people
to try to eradicate Native people and culture. For these reasons, the Court shall not terminate
parental rights.
4.05.84
MODIFICATION
Modification of parental rights shall only occur when necessary and if the modification is in the
child’s best interest. Modification of parental rights is not necessary for guardianship.
Modification is not required for adoption if the parent consents to the adoption, their parental
rights have been terminated by another court, or their parental rights have been voluntarily
relinquished in another court.
4.05.85
WHO MAY FILE MODIFICATION PETITION
A petition may be filed by:
1.
2.
3.
4.
5.
Either parent when modification is sought with respect to the other parent.
A Tribal presenting officer or Tribal social worker.
Any other person possessing a legitimate interest in the matter.
A parent may file a petition for the voluntary modification of his or her parental rights.
No parental rights may be modified unless a petition has first been filed, notice has been
given, and a hearing held in accordance with the provisions of this Article.
6. Modification of parental rights may be filed and heard at the same time as a petition for
adoption.
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4.05.86
CONTENTS OF MODIFICATION PETITION
The petition for modification of parental rights shall include the following to the best information
and belief of the Petitioner:
1. The name, place of residence, Petitioner’s relationship to child, Tribal affiliation of the
Petitioner (if other than a Tribal presenting officer);
2. The full name, gender, date and place of birth, residence and Tribal affiliation of the
child;
3. The names, addresses, Tribal affiliation, and dates of birth of the child's parents;
4. If the child's parent is a minor, the names and addresses of the parents' parents or
guardian; and if such parent has no parent or guardian, the members of the parent's
extended family;
5. The name and address of the person or agency having legal or temporary custody of the
child;
6. The basis for the Court’s jurisdiction;
7. An explanation of why modification of parental rights is necessary and in the child’s best
interests;
8. An explanation of which of the parental rights are being modified and how those rights
are being modified;
9. An explanation of whether and how the proposed modification will impact the child’s
connection to the Tribe; and
10. When any of the facts required by this Section are unknown, the petition shall so state.
11. The Petitioner shall sign and date the petition.
4.05.87
NOTICE
After a petition for the modification of parental rights has been filed, the Court shall set the time
and place for hearing and shall cause notice thereof to be given to the Petitioner, the parents of
the child, any guardian of the person of the child, the person having legal or temporary custody
of the child, and the child's extended family as determined by the Court. If the child's parent is a
minor, notice shall also be given to that parent's parents or guardian of the person unless the
Court is satisfied, in exercise of its discretion that such notice is not in the best interest of the
parent and that it would serve no useful purpose.
4.05.88
SERVICE
Notice shall be given by personal service. If service cannot be made personally, the Court may
authorize service by certified mail return receipt requested or publication as allowed in the Rules
of Court.
4.05.89
WAIVER
Notice and appearance may be waived by a parent in writing before the Court, or in the presence
of and witnessed by a Clerk of the Court, provided that such parent has been appraised of the
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meaning and consequences of the modification action. Any parent who has executed such a
waiver shall not be required to appear at the hearing. Where the parent is a minor, the waiver
shall be effective only upon approval by the Court.
4.05.90
PRE-MODIFICATION REPORT
The Court may request that social services complete a pre-modification report. The report shall
include the circumstances that led to the filing of the petition, a description of the outcome of the
social services investigation regarding whether modification of the parent’s rights is in the
child’s best interests, the present condition of the child and parents, proposed plans for the child,
and other such facts as may be pertinent to the parent and child relationship. The report shall
include a recommendation and the reasons therefore as to whether or not the parent and child
relationship should be modified.
1. Timeline for filing Report. The report shall be submitted to the Court no later than ten
(10) days before the hearing with copies given to the parents.
2. Additional Reports. The Court may request additional reports where it deems necessary
4.05.91
BURDEN OF PROOF
The burden of proof lies with the Petitioner to prove that the best interests of the child will be
served by modification of parental rights. Pre-modification reports shall be received in evidence
so long as the preparer is available to be cross-examined.
4.05.92
MODIFICATION ORDER
1. Basis for Ordering Modification
The Court shall make formal findings of fact and conclusions of law as a basis for the
written order modifying the parent-child relationship.
2. Explanation of Modified Parental Rights
The Court’s order must state which rights and responsibilities of the parent have been
modified. Examples of rights that may be modified include, but are not limited to: the
parent’s rights to custody of the child, decision making authority for the child, access
school and medical records of the child, visitation with the child, to request benefits on
behalf of the child and to inherit from the child. Responsibilities of the parent that may be
modified include, but are not limited to:
a. Child support obligations or legal liability for the child’s actions.
b. Any child support owed prior to the effective date of the order modifying parental
rights shall not be eliminated due to the modification of parental rights unless
specifically ordered by the Court that currently has jurisdiction over the support
case.
c. Modification of the rights of one parent shall not affect the rights of the other
parent. A Modification order shall not prevent a child from inheriting property or
interest from the parent whose rights were modified.
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4.05.93
CHILD'S CONTINUED RIGHT TO BENEFITS
An order modifying the parent- child relationship shall not disentitle a child to any benefit due
the child from any third person, agencies, state or the United States, nor shall any action under
this Code be deemed to affect any rights and benefits that the child derives from the child's
descent from a member of a federally recognized Indian Tribe.
ARTICLE SIXTEEN: ADOPTIONS
4.05.94
ADOPTIONS
Adoptions shall be based on Tribal culture, custom and practice. Tribal culture, custom and
practice does not recognize completely severing children from their connections to, or
knowledge of, their biological parents, or extended Indian family. For these reasons, all of the
following are true in Tribal adoptions:
1. Tribal adoptions shall be open adoptions in which the identities of the biological parents
shall be known and a relationship between the child and biological family members shall
be encouraged unless the safety or wellbeing of the child would be put at risk by those
relationships.
2. The adoptive child shall have an absolute right, absent a convincing and compelling
reason to the contrary, to information and knowledge about his or her natural family and
Tribal heritage.
3. Parental rights shall not be terminated in Tribal adoptions, though they may be modified
as necessary to allow the adoptive parents sole decision making authority and right of
custody of the child. The natural parents’ responsibilities, including child support
obligations, shall be terminated.
4.05.95
CONSENT
1. The parents’ written consent to an adoption is not required if:
a. The parent has abandoned the child;
b. The parent's rights have been terminated by other courts;
c. The parent’s rights have been modified by the Tribal Court so that they no longer
have a right to consent to adoption.
d. The parent has relinquished parental rights; or
e. The parent has been declared incompetent.
2. Written consent to an adoption is required from the following people:
a. The biological mother, unless an exception listed in subsection 1. above applies;
b. The biological or acknowledged father, unless an exception listed in subsection 1.
above applies;
c. The child’s legal custodian, if empowered to consent;
d. The Court, if the legal custodian is not empowered to consent; and
e. The child, if over twelve (12) years of age.
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3. Written consent to an adoption shall be executed and acknowledged before the Court.
Consent shall not be accepted or acknowledged by the Court prior to ten (10) days after
the birth of the child. An interpreter shall be provided if the person consenting to the
adoption does not understand English. Consent of a child over the age of twelve (12)
years shall be made orally either in open court, or in chambers with only the judge and
any other person(s) he or she deems necessary, and the child present.
4.05.96
WHO MAY FILE
Any person may file a petition for Tribal adoption. The petition shall be initiated by the person
proposing to adopt. In the case of married persons maintaining a home together, the petition shall
be the joint petition of husband and wife, except that if one of the spouses is the natural or
adopted parent of the proposed adoptee, said parent shall not be required to join in the petition.
4.05.97
CONTENTS OF PETITION
1. Required Information
The petition for Tribal adoption shall include the following, to the best information and
belief of the Petitioner:
a. The full name, address, and Tribal affiliation of the Petitioner;
b. The full name, gender, residence, date and place of birth, and Tribal affiliation of
the proposed adoptee;
c. The name by which the proposed adoptee shall be known if the petition is
granted;
d. The basis for the Court’s jurisdiction;
e. If the proposed adoptee is a child, a full description and statement of value of all
property owned, possessed or in which the child has an interest;
f. The relationship of the Petitioner to the proposed adoptee, and;
g. The names and addresses of any person or agency whose consent to aid adoption
is necessary.
h. A description of how the proposed adoptive parents would ensure the child will
be able to participate in Tribal cultural activities and remain connected to the
Tribal community.
2. Multiple Adoptees
Where there is more than one proposed adoptee, and these proposed adoptees are
siblings, only one petition shall be required for the Tribal adoption of all or any
combination of the siblings, provided that each sibling proposed to be adopted be named
in the petition.
3. Signature Requirements
All petitions must be signed under penalty of perjury and dated by the Petitioner.
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4.05.98
NOTICE
Notice shall be provided in accordance with the notice procedures set forth in this Code except
that the Court may determine that it is unnecessary to give notice to specific individuals,
including a parent whose parental rights have been terminated or modified.
4.05.99
HOME STUDIES
When a petition for the Tribal adoption of a child is filed with the Court, the Court shall
immediately request that the Social Services Department or other qualified agency conduct a
home study on the Petitioner and report on the child. The home study or report shall not be
required where the proposed adoptee is an adult. The home study and report shall:
1. Describe the conditions of the Petitioner’s home including all persons living in the home;
2. Assess the Petitioner’s ability, both physical and mental, to assume the responsibilities of
a parent to the child;
3. Include a background check on all adults residing in the home;
4. Assess whether or not the home most closely resembles that of the child's culture,
identity, and where applicable, his or her Tribal affiliation;
5. Assess the Petitioner’s understanding of the importance of the child’s connection to
Tribal culture and willingness to foster the child’s ongoing connection the Tribal
community; and
6. Any other pertinent information designed to assist the Court in determining the best
placement for the child.
4.05.100
TIMING
No determination can be made on a petition for adoption until the home study has been
completed and submitted to and considered by the Court. The home study shall be submitted to
the Court no later than ten (10) days before the hearing. The Court may order additional home
studies or reports as it deems necessary.
4.05.101
WITHDRAWAL OF CONSENT
Any consent given under the provisions of this Article may be withdrawn by the person or
agency which gave the consent at any time prior to the entry of a final Tribal decree of adoption.
No reason need be stated and no hearing need be held on such a withdrawal. All withdrawals
must be in writing, with the original being filed with the Court.
4.05.102
VACATING DECREE
Within two (2) years after the entry of a decree of Tribal adoption, said decree may be vacated
upon a petition being filed and a showing that the consent which made the Tribal adoption
possible was obtained through fraud or duress. Upon such a showing the Court shall vacate the
decree and return the adopted person to that status he or she had prior to the entry of the decree.
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4.05.103
ADOPTION PREFERENCES
The preference of placement in adoption shall be in the following order unless the Court
determines that the child's best interests require deviation from the preferences:
1.
2.
3.
4.
Extended family member;
A Tribal member or person eligible for Tribal membership of the child's Tribe;
Other Indian person(s); and
If this order of preference cannot be met, then the placement may be made with any
person who has some knowledge of the child's Tribal affiliation and special needs.
4.05.104
HEARING PROCEDURES
1. Timing
An adoption hearing shall be held within ninety (90) days of receipt of an adoption
petition from the prospective parent(s).
2. Best Interests Standard
The Court shall examine all parties to determine if it is in the best interests of the child to
be adopted by the Petitioners. In determining the best interests of the child, the Court
shall examine:
a. Validity of written consent;
b. Whether the biological parents’ parental rights have been terminated or modified;
c. Length of time of the child's dependency by the Court;
d. Special conditions of the child;
e. Parental communication with the child;
f. Minor's consent to adoption, if over twelve (12) years of age;
g. Home studies or other reports; and
h. Order of preference of placement.
3. Personal Appearance Required
The Petitioner and the proposed adoptee shall appear personally at the hearing.
4. Advisement of Rights
During the hearing the Court shall advise the party(s) of their basic rights as provided in
Article Four of this Code.
4.05.105
FACTORS COURT WILL CONSIDER AT HEARING
The factors to be considered in the determination on whether to grant the Tribal adoption shall
include, but not be limited to, the following:
1. Whether the proposed adoption is in the child’s best interests;
2. Whether there is a method to maintain the child’s connection to family, culture,
community and Tribal enrollment status if the adoption is granted; and
3. Whether the proposed adoptive parent(s) is/are available and willing to assume the role of
parent for the child.
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4.05.106
OUTCOME OF HEARING
The Court may:
1. Continue the hearing if necessary to allow the parties additional time to present relevant
information;
2. Continue the hearing and place the child in the home of the prospective adoptive parent
for a period not to exceed six (6) months;
3. Enter a final decree of adoption; or
4. Deny the petition.
4.05.107
DENIAL
If the Court finds that the adoption will not be in the child's best interest, or that all of the
requirements of this Article have not been met, it may deny the petition and make any other
order it deems necessary for the care and custody of the child not inconsistent with this Code.
4.05.108
ADOPTION ORDERS OR DECREES
The final Tribal adoption order or decree shall address the following:
1. That the child is eligible and suitable for adoption.
2. That the adoptive parent is capable of providing proper care for the child.
3. That the child is entitled to the same rights as a biological child of the adoptive parents
and that adoptive parents and the adoptive child shall be treated under the law as if the
relationship was that of a natural child and parent, except as set forth herein.
4. Changes to the rights and responsibilities of the natural parents. There shall be a
conclusive presumption that any parental rights or obligations not specified as remaining
with the natural parents shall vest in the Tribal adoptive parents.
5. Visitation, if any, of the parties or others. The adoptive child and members of the child's
natural extended family (including parents) shall have a right of reasonable visitation
with each other, subject to reasonable controls of the adoptive parents.
6. The specifics of how the child’s Cultural and Tribal connections will be preserved under
the adoption. This must be specific to the child(ren) being adopted and shall not be
standard boilerplate language.
7. That the adoptive parents have no authority to relinquish the child’s membership in the
Tribe.
8. Where the adoption includes a signed agreement between the adoptive parent(s) (or
protective parent) and the biological parent(s), the Court shall incorporate the agreement
into its Order to provide judicial review in the event of noncompliance.
9. That the Court will facilitate the change of the child’s last name to that of the adoptive
parent if it finds that it is in the best interest of the minor to change the last name. The
Court will take into consideration the preference of the minor, if appropriate, in
determining whether to change the child’s last name.
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10. The child’s inheritance rights:
a. Adoption shall not serve to prevent an adopted child from inheriting from their
biological parent in the same manner as any other natural child.
b. The natural parents shall not be entitled to inherit from an adopted child in the
same manner as parents would otherwise be entitled to inherit.
c. An adoptive child shall be entitled to inherit from adoptive parents, and vice
versa, in the same manner as if natural parents and child.
11. The effective date of the order of adoption.
4.05.109
CHANGES TO BIRTH CERTIFICATE FOLLOWING TRIBAL
ADOPTION
The Court will issue an order of adoption and the Court Clerk will coordinate the amendment of
the minor’s birth certificate if necessary, according to the following procedures:
1. The Court Clerk will issue a completed Court Report of Adoption Form to the state of
California in order to facilitate a new birth certificate. Upon receipt of the Court Report
of Adoption Form, the California Department of Public Health Vital Records will be able
to issue the new birth certificate.
2. The information provided in the Court Report of Adoption is used to locate and seal the
original birth record of the adopted child and to prepare the new birth certificate. The
Court Report of Adoption contains the child’s original birth name, sex, date and place of
birth, physician’s or attendant’s name, and the natural parents’ names, as well as the
child’s new name and information about the adoptive parents.
4.05.110
ADOPTIVE BIRTH CERTIFICATE
Within ten (10) days of the issuance of the order of adoption, the Court shall mail the Order of
Adoption Form to the California Department of Public Health Vital Records. The Order of
Adoption Form shall set forth the full name, sex, date and place of birth, and names of biological
parents, in order that a new record of birth in the child’s new name and with the name of the
adoptive parents may be recorded.
4.05.111
FULL FAITH AND CREDIT
This Court has the authority to give full faith and credit to adoptions granted under the laws of
another Tribe, state, or nation having jurisdiction over the parties and the subject matter
including a California Tribal Customary Adoption granted pursuant to California Welfare and
Institutions Code § 366.24.
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ARTICLE SEVENTEEN: AUTHORIZATION OF MEDICAL TREATMENT
4.05.112
AUTHORIZATION
At any time, whether or not the child is under the authority of the Court, the Court may authorize
medical or surgical care for a child when:
1. A parent, legal guardian or custodian is not immediately available and cannot be found
after reasonable effort in the circumstances of the case; or
2. A physician informs the Court orally or in writing that in his professional opinion, the life
of the child would be greatly endangered without certain treatment and the parent,
guardian or custodian refuses or fails to consent. If time allows in a situation of this type,
the Court shall cause every effort to be made to grant the parent(s), guardian, or custodian
an immediate informal hearing, but this hearing shall not be allowed to further jeopardize
the child's life.
4.05.113
RELIGIOUS BELIEFS
In making its order the Court shall give due consideration to any treatment being given the child
by prayer through spiritual means alone or through the other methods approved by Tribal
customs or traditions or religions, if the child or his or her parent, guardian or legal custodian are
adherents of a bona fide religious denomination that relies exclusively on this form of treatment
in lieu of medical treatment, or practices in fact the Tribal customs or traditions or religion upon
which is relied for such treatment of the child.
4.05.114
FINDINGS
After entering any authorization under this Section, the Court shall state in writing the
circumstances; findings and authorization in writing and order that a copy of authorization be
given to the physician or hospital, or both, that was involved.
4.05.115
ORAL AUTHORIZATION
Oral authorization by the Court is sufficient for care or treatment to be given and shall be
accepted by any physician or hospital. The physician or hospital need not wait for the written
findings and order when time is of the essence regarding the child’s condition. No physician or
hospital nor any nurse, technician, or other person under the direction of such physician or
hospital shall be subject to criminal or civil liability in the Court for performance of care or
treatment in reliance on the Court's authorization, to any function performed thereunder shall be
guarded as if it were performed with the child's and the parent's authorization.
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ARTICLE EIGHTEEN: FOSTER HOME LICENSING PROCEDURES
4.05.116
OVERVIEW OF LICENSING REQUIREMENTS
The Bear River Band of the Rohnerville Rancheria, Social Services Department (Department),
Naghŭndaŧ Licensing Program Policies and Procedures were established by the Social Services
Department to set forth the home approval standards and procedures for foster homes in which
children in out of home care may be placed. The goal of the Program is to create safe, childcentered foster care homes for Bear River children and youth requiring temporary out-of-home
placement due to an active child welfare or ICWA case. “Naghŭndaŧ” means “You are going
home” in the language of the people of the Eel River Basin.
The Bear River Band of the Rohnerville Rancheria Social Services Department may approve
homes for licensure that are located within the counties of Humboldt, Mendocino, Trinity, and
Del Norte. Applicants do not have to be enrolled members of the Tribe, but placement with a
family licensed by the Tribe will only be recommended for children and youth that are enrolled
in the Tribe or eligible for enrollment.
1. A Naghŭndaŧ Family must meet the following requirements to be approved by the Bear
River Band of the Rohnerville Rancheria Social Services Department (Department):
a. Complete an application to be approved as a Naghŭndaŧ Caregiver.
b. Complete a criminal record, child abuse, and other background clearances for
each Naghŭndaŧ Family applicant and all adults residing in, or regularly present in
the home.
c. Complete a drug test for each Naghŭndaŧ applicant.
d. Meet home health and safety standards and caregiver requirements as documented
in a Home Assessment Report.
e. Complete all training requirements.
f. Sign a Caregiver Agreement, which includes a cultural contract.
g. Complete a Child and Family Risk and Compatibility Study for each child/sibling
group proposed to be placed in the Naghŭndaŧ Family’s care.
2. All Naghŭndaŧ Families must meet the following caregiver requirements:
a. Be aged 18 or older.
b. Ability within the household to ensure the stability and financial security of the
family.
c. Ability and commitment to support the Bear River child’s connection to the tribal
community and culture.
d. Ability and commitment to communicate and collaborate consistently with the
Department to provide for the child’s mental, physical, emotional, educational,
and developmental needs.
e. Ability and commitment to collaborate with the Department to support the child’s
connection with their family, including supporting visitation with siblings and
other family members.
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f. Commitment to maintain the confidentiality of the child and their family in regard
to any court case.
g. Be in good health as necessary to provide appropriate care for a child.
h. Ability and commitment to provide safe and proper care for a child including
using reasonable and prudent decision making that allows the child to participate
in developmentally and culturally appropriate life activities.
i. Commitment to use appropriate discipline that does not include corporal or
emotional punishment.
j. Ability to provide adequate food, clothing, and shelter for a child in their care.
k. Ability to provide appropriate supervision for a child in their care.
l. Commitment to not use drugs, abuse alcohol or marijuana, or smoke in a home or
vehicle while caring for a child.
m. Commitment to allow the child to communicate with the Department and their
family as court ordered.
n. An ability to cultivate nurturing and supportive relationships, open
communication and creative problem-solving.
o. Commitment to communicate with the Department prior to traveling out of state
or country with a child placed in the Naghŭndaŧ Family’s home.
p. Commitment to communicate with the Department about any significant
emergencies that may impact the child.
q. Commitment to communicate with the Department about any household changes
including immediate reporting of the addition or removal of any household
members, change in residence, criminal activity, or the like.
r. Ability and commitment to comply with Naghŭndaŧ Program licensing
requirements, including ongoing training requirements and completing all
relicensing requirements every three years.
4.05.117
FOSTER HOME REQUIREMENTS
1. Foster home regulations and processes refer to the Bear River Band of the Rohnerville
Rancheria Social Services Department and the Naghŭndaŧ Licensing Program Policies
and Procedures for official Tribal Home Approval (TAH) standards and foster care
guidelines. All Naghŭndaŧ Family applicants will be required to have a home health and
safety assessment completed. The home health and safety assessment shall be completed
using the Home Health and Safety Guidelines and Checklist in the Tribe’s licensing
policy. It shall be signed by the applicant(s) and they will be provided with a copy. The
signed Home and Health Safety Checklist shall be included in the final Home
Assessment Report.
2. Any home health and safety standard can be waived on a case-by-case basis so long as it
will not endanger the health and safety of the child and the Department Director has
approved the waiver.
3. The Department may be able to assist an applicant in purchasing items necessary for the
home to meet the health and safety requirements, such as fire extinguishers or carbon
monoxide detectors.
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4. The home must meet the minimum health and safety standards including, but not limited
to, the following:
a. The home shall be safe and sanitary.
b. The home shall have one or more working carbon monoxide detectors and
functioning smoke detectors.
c. The home shall have at least one operable fire extinguisher that is readily
accessible.
d. Barred windows used for possible exit in case of fire must be fitted with operable
quick release mechanisms.
e. Child’s safety is ensured in homes with fireplaces, open-faced heaters and
woodstoves.
f. Outdoor tools and equipment, machinery, chemicals, flammable or combustibles
shall be stored in a safe manner.
g. If telephones are not readily accessible in the home, a written plan shall be made
and kept in the caregiver’s case file in case of emergencies and to ensure the child
has access to their social worker, attorney, and law enforcement.
h. Indoor and outdoor halls, stairs, ramps and porches are free of obstructions.
i. The home has at least one toilet, sink, and tub or shower in safe, clean operating
condition. Bathrooms shall be located inside the home.
j. The home shall have adequate lighting, ventilation and proper trash and recycling
disposal, if recycling is available.
k. Hot water from faucets is delivered at a safe temperature.
l. Home must have tamper resistant covers on electrical outlets if necessary, at the
discretion of the Department.
m. Medications (including prescription), alcoholic beverages, marijuana, poisons,
and other dangerous items are stored where inaccessible to children.
n. Cleaning solutions should be stored in a safe manner.
o. Members of the household who are not law enforcement officers shall store all
firearms unloaded in a locked place and all ammunition in a separate locked
place. Trigger locks alone are inadequate.
p. Members of the household who possess a concealed weapon permit shall provide
a copy of the permit to the Department and provide a written plan to keep
concealed weapons secure from tribal children in custody when in the home or in
vehicles. Tribal children in custody who are hunting or involved in target practice
must be supervised by a responsible adult using only lawful firearms and must
have completed an approved gun safety course (a course with curriculum that is
recognized by local law enforcement as appropriate) and must have the written
permission of the Department.
q. Home must have a safety evacuation plan in case of emergency, approved by the
Department, known to all family members.
r. All animals in the home must be properly cared for and vaccinated according to
state, tribal and/or local law and caregiver has provided verification of all
vaccines.
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s. Any pools, ponds, or other bodies of water will be fenced, gated, or covered and
not accessible to children.
t. Smoking is not allowed inside the home. No child shall be exposed to secondhand
smoke in the home or in a car.
u. Applicant shall have a reliable vehicle with proof of insurance and registration.
Vehicles shall contain age-appropriate automobile safety seats for the child. If
applicant does not have their own vehicle, they must have a plan approved by the
Department on how the child will be transported to school, medical and health
facilities, parent’s visitation and social and cultural activities.
v. Bedrooms: The Naghŭndaŧ Family shall provide bedrooms in the home that meet,
at the minimum, the following requirements:
i. Children of the opposite sex sharing a bedroom will be assessed by the
Department on a case-by-case scenario to make sure the situation is safe
and appropriate.
ii. Children shall not share a bedroom with an adult unless approved by the
Department.
iii. No room commonly used for other purposes shall be used as a bedroom
unless approved by the Department.
iv. Each child in care must have a safe and adequate sleeping arrangement,
which will include education in co-sleeping safely.
v. Bedrooms used by children in care must have windows that open from the
inside and allow exit, have two unrestricted exits (doors/windows), have
any doors with locks on the inside be operable from the outside of the
room and not have any locks on the outside of the door which are not
operable from inside the room.
w. The Naghŭndaŧ Family shall also provide each child with:
i. An individual sleeping space that is equipped with clean linens, blankets,
and pillows.
ii. A safe and sturdy bassinet, crib, traditional basket or cradle board for each
infant that is appropriate to the age and size of the child.
x. The Department will check the California Megan’s Law website to determine
whether any registered sex offender lives within 100 yards of the home. If there is
a registered sex offender living in proximity to the home, the Department and
Naghŭndaŧ Family will create a plan to ensure that the child will remain safe.
ARTICLE NINETEEN: TRIBAL COURT APPEALS
4.05.118
APPEALS
1. Any party to a Tribal Court proceeding may appeal a final Court Order.
2. All appeals shall be conducted in accordance with Bear River Band Rules of Court.
______________________________________________________________________________
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______________________________________________________________________________
*C*E*R*T*I*F*I*C*A*T*I*O*N*
This is to certify that the Bear River Band of the Rohnerville Rancheria Tribal Council duly
assembled in Loleta, CA and adopted the foregoing document on July 22, 2025 by a vote of
6 For, 0 Against, 0 Abstentions and 1 Absent.
____________________________
Josefina Frank, Chairperson
_______________________________
Aileen Meyer, Vice-Chairperson
_______________________________
Dakota McGinnis, Jr., Secretary
_______________________________
Maggie Wortmon, Treasurer
_______________________________
John D. McGinnis, Member-at-Large 1
_______________________________
Edward Bowie, Member-at-Large 2
_______________________________
Derek Bowman, Member at Large 3
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Children’s Code
Approved: July 22, 2025
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.