ORDINANCE NO. 18- 02

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AN ORDINANCE OF THE BUSINESS COUNCIL OF THE

BLUE LAKE RANCHERIA ADOPTING A_ CHILD

WELFARE ORDINANCE.

The Business Council of the Blue Lake Rancheria hereby ordains as follows:

Section 1. Findings and Declarations. The Business Council of the Blue Lake

Rancheria (“Tribe”) finds and declares that the purpose of this Ordinance is:

A. To protect the best interests of Tribe’s children, to prevent the unwarranted

breakup of the Tribe’s families, to maintain the connection of Tribe’s children to their families

and Tribe, and to promote the stability and security of the Tribe by establishing tribal standards

for the conduct of child custody proceedings involving the Tribe’s children, pursuant to the

authority vested in the Business Council by Article V, Section 6(q) of the Constitution of the

Blue Lake Rancheria;

B. To foster coéperative intergovernmental relations between the Tribe and the State

of California, and other states and Indian tribes with regard to the welfare of the Tribe’s children

and families;

c. To provide child welfare services to the Tribe’s children and families that are in

accord with the traditions, laws, and cultural values of the Tribe; and

Dz To preserve the opportunity for the Tribe’s children to learn about their culture

and heritage, and to become productive adult members of the Tribe by experiencing their culture

on a permanent basis.

Section 2. Adoption of a New Child Welfare Ordinance. A new ordinance, entitled

“Child Welfare Ordinance” is hereby added to Title _ , Article 1, Chapter 1 of the Blue

Lake Rancheria Tribal Code and shall provide as follows:

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TITLE

ARTICLE 1. CHILD WELFARE

CHAPTER 1, GENERAL PROVISIONS

Section:

-1.1.010 Definitions

-1.1.020 Jurisdiction; Continuing Jurisdiction

-1.1.030 Confidentiality; Records Maintenance and Protection

-1.1.040 Medical Examinations

-1.1.050 Payment of Fees and Expenses

-1.1.060 Responsibilities of Adults

-1.1.070 Guardian Ad Litem

-1,1.080 Commencement of Action

-1.1.090 Standard of Proof

-1,1.100 Use of Reports in Juvenile Proceedings

-1.1.110 Consolidation

-1.1.120 Presence of Parent, Guardian, Custodian, or Guardian Ad Litem

-1.1.130 Grounds for Re-Hearing

-1.1.140 Modification, Revocation, or Extension of an Order

-1.1.150 Testimony by Videotape

-1.1.010 Definitions. The terms of this Ordinance shall be liberally construed to

give full effect to the purposes for which it was enacted. The terms of this Ordinance shall be

interpreted to encourage jurisdiction over children who come under this Ordinance and to

facilitate the authority of the Tribal Court of the Blue Lake Rancheria to act to protect the

interests of the Tribe’s children and families. The terms of this subsection shall be interpreted in

light of the Tribe’s laws, customs, and traditional child-rearing practices. Terms not specifically

defined in this Ordinance shall be defined according to their normal usage or as defined in the

Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901, et seq. (“ICWA”), as appropriate.

For purposes of this Ordinance, the following terms shall have the following meanings:

A. “Administrative review” shall mean a case review system to review the case plan

and the placement of each child receiving foster care maintenance payments from

state or federal funds by a panel of no less than three (3) appropriate persons

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designated by the Business Council. The Social Security Act, as amended by the

Adoption Assistance and Child Welfare Act of 1980, P.L. 96-272, shall set the

minimum requirements for an administrative review.

. “Administrative Review Panel” shall mean the panel comprised of no less than

three (3) appropriate persons responsible for reviewing the case plan and

placement of each child who receives foster care maintenance payments from

state or federal funds.

. “Best interests of the minor” shall mean the preservation of the connection, or the

creation of such a connection if one does not currently exist, between a minor of

the Tribe and his/her family, culture, and Tribe in a setting that is stable, secure,

safe, healthy, and emotionally, spiritually, socially, and intellectually enriching,

and in which the special needs of that minor may be met. “Best interests of the

minor” is used interchangeably herein with “best interests of the ward.”

. “Case plan” shall mean a written document that is required for each child under

the jurisdiction of the Court in cases where juvenile dependency or child custody

proceedings are at issue, including cases regarding the disposition of Minors in

Need of Care, which shall include a detailed service plan designed to reunite the

family. The case plan shall be designed to achieve placement of the minor in the

least restrictive and most family-like setting available that is in close proximity to

the parent’s home consistent with the best interests of the minor. The case plan

shall include, at a minimum:

1. The family responsible for provision of the services;

2. The timeframe in which the services will be provided;

3. The standard that will be considered compliance with the services;

4. The respective responsibilities of the Department, the family, and the

child in making the services available and in taking advantage of such

services; and

5. All requirements of the Social Security Act, as amended by the Adoption

Assistance and Child Welfare Act of 1980, P.L. 96-272, for case plans

where the child is receiving foster care maintenance payments from

federal or state funds.

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In the event that reunification is determined not to be in the best interests of

the minor, the family, and/or the Tribe, the service plan shall be designed to

achieve other appropriate permanent placement goals that are in the best

interests of the minor, the family, and/or the Tribe; provided, however, that

such goals are not inconsistent with other provisions of this Ordinance.

E. “Case review system” shall mean a procedure to review the status of each child in

foster care no less than once every six (6) months, beginning from the date of

placement, by the Court and the Department or Administrative Review Panel, if

appropriate.

. “Caseworker” is the person designated by the Department for purposes of

carrying out the duties and responsibilities under this Ordinance.

= “Child,” “minor,” or “Tribe’s child,” as used interchangeably herein, shall mean

any person under eighteen (18) years of age who has not been emancipated from

his/her natural parents and who is under the jurisdiction of the Court, including,

but not limited to, a child who is a member of the Tribe, a child who is eligible for

membership in the Tribe, a child of a member of the Tribe or of his/her spouse, a

child by the consent of the parties with custody of such child, or an Indian child

who resides within the Tribe’s trust lands.

. “Court” shall mean the Tribal Court of the Blue Lake Rancheria.

“Court investigator” shall mean an investigator with the same minimum

qualifications as a probation officer or a social worker for the Tribe’s Social

Services Department.

“Custodian” shall mean a person other than a parent or guardian who has custody

of a minor and who provides food, shelter, and supervision to the minor.

. “Days” shall mean calendar days; provided, however, that if the last day of a time

period prescribed by this Ordinance falls on a Saturday, Sunday, or legal holiday,

then the time period shall continue to run until the end of the next day that is not a

Saturday, Sunday, or legal holiday.

. “Delinquent act” shall mean an act that is designated as a crime or civil offense

under the Tribe’s laws.

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M. “Department” shall mean that entity designated by either the Tribe or the Court

that is responsible for investigating all allegations of abuse and neglect, and

proceeding according to the provisions of this Ordinance, if appropriate.

- “Domicile” shall mean the permanent residence of an individual. The domicile of

a child is presumed to be that of the child’s mother, unless proven otherwise.

. “Extended family” shall mean a person who is a tribal member and who has

reached the age of eighteen (18) and is the minor’s great-grandparent or

grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece

or nephew, first cousin, step-parent, or traditionally appointed custodian.

. “Foster care” shall mean a social service that provides substitute family care for a

child for a planned period of time when the child's own family cannot care for

him or her. The goal of foster care or any placement is a permanent family for the

child.

. “Guardian” shall mean a person other than the minor’s parent who is by law

responsible for the care and custody of that minor or his/her estate, or both.

. “Guardian ad litem” shall mean an adult appointed by the Court to represent a

child in any suit to which he or she may be a party for the protection of the

minor’s best interests.

. “Minor in Need of Care” shall mean a child who has been found to be in one or

more of the following situations:

1. “Abused minor” — A minor who has suffered or is likely to suffer a nonaccidental physical injury that causes or creates a substantial risk of death,

disfigurement, impairment of bodily functions, or serious physical or

emotional harm, as determined by appropriate medical or professional

personnel, or has been sexually abused or subjected to the threat of sexual

abuse;

2. “Neglected minor” — A minor whose parent or custodian fails or is unable

to carry out their parental or custodial duties to the extent that the child’s

physical or emotional health, safety, welfare, or intellectual development

are harmed or threatened, including the failure of such parent or other

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custodian to take advantage of reasonably available public assistance and

service programs designed to furnish such needs where the parent or

custodian cannot provide such needs on his or her own;

3. “Abandoned or dependent minor” — A minor whose parent or custodian

has left the minor without reasonable arrangements for care and

supervision such that the physical or emotional health of the minor is

affected or threatened, or a minor who has no parent or other custodian

able, willing, and available to fulfill parental duties; or

4. “Delinquent minor” — A minor who has been found by a competent court

to have committed repeated delinquent acts or omissions, including

violations of any criminal laws or law and order ordinances, or a minor

who is beyond the control of his/her parents or custodians to the extent

that outside assistance is required.

T. “Parent” shall include natural or adoptive parents, but does not include persons

whose parental rights have been terminated, nor does it include an unwed father

whose paternity has not been acknowledged or established.

. “Presenting officer” shall mean the law enforcement officer authorized under this

Ordinance to present cases, which arise under the provisions of this Ordinance, to

the Court. In the absence of a presenting officer, the Caseworker may be

authorized to act.

. “Probable cause” shall mean facts and circumstances that would warrant a

reasonable person to conclude that the individual in question has committed a

certain act. It is an objective standard that focuses on facts and circumstances. It

requires more than mere suspicion that a suspect committed the pertinent act, but

not as much as would be required to prove the suspect guilty beyond a reasonable

doubt.

- “Reasonable suspicion” shall mean a belief based upon articulable information

more than a mere hunch used by a reasonable person or officer that the suspected

individual has or is about to engage in certain activity.

. “Reservation” shall mean all lands within the boundaries of the Blue Lake

Rancheria and all lands held in trust by the United States of America for the Blue

Lake Rancheria.

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Y. “Shelter care” shall mean a home or other living facility used as a temporary

living place for a minor pending the return of the minor to his/her family, or

his/her placement in a residential facility designed for long-term placement that

does not physically restrict the minor.

“Status offender” shall mean a minor who:

1. Does not comply with the requirements of the compulsory school

attendance section of this Ordinance;

2. Disobeys, continually and habitually, the reasonable and lawful demands

of his parent, guardian, or custodian and who is beyond parental control;

3. Has left the home of the parent, guardian, or custodian without consent

and has remained away for at least twenty-four (24) hours.

AA. “Ward” shall mean a minor who is the subject of a guardianship petition

filed under the provisions of this Ordinance.

-1.1.020 Jurisdiction; Continuing Jurisdiction.

A. Jurisdiction. The Court shall have jurisdiction over all child welfare matters that

arise under this Ordinance and Ordinance No. 07-01, entitled “An Ordinance of

the Business Council of the Blue Lake Rancheria Establishing a Tribal Court,”

subsection 11.1.1.030. Unless otherwise defined, the jurisdiction of the Tribe over

child welfare matters shall extend to all children who are within the jurisdiction of

the Court under this Ordinance, regardless of whether they reside on or off the

Tribe’s reservation or service area or are domiciled on the Tribe’s Reservation.

The Tribe shall also have jurisdiction over the Tribe’s children who reside beyond

the service area of the Tribe. The Tribe acknowledges that the jurisdiction of the

Court over children under this Ordinance may, in some cases, be concurrent with

the jurisdiction of other sovereigns.

. Continuing Jurisdiction. In every action under this Ordinance where there is Court

jurisdiction:

1, The Court shall retain continuing jurisdiction over the parties;

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The consent of the parties to the jurisdiction of the Court cannot be

withdrawn once given whether such consent was given expressly or

impliedly;

3. Personal jurisdiction cannot be defeated by the relocation of a party after

jurisdiction is established; and

4. Personal jurisdiction cannot be defeated by a party’s voluntary

relinquishment of enrollment and membership with the Tribe.

-1. 1.030 Confidentiality; Records Maintenance and Protection.

A. Confidentiality.

1. All Court records are confidential and shall not be open to inspection other

than by Court personnel or the following persons: the minor and his/her

attorneys; the minor’s parent, guardian, or custodian and his/her attorney;

the Caseworker and the tribal attorney; the presenting officer; or any other

person the Court determines has a valid reason to view such records and

who has been issued a written order describing the reasons for permitting

such person to review such records.

2. All Court files, documents, or other material associated with a child

custody proceeding governed by this Ordinance shall be kept confidential,

unless ordered released by order of the Court. This confidentiality

provision applies to all divisions and departments of the Tribe, including

social service, and law enforcement agencies. This section applies to the

release of the names of children, families, or witnesses involved in

proceedings under this Ordinance.

3. Disclosure of documents and material to authorize public agencies,

whether tribal, federal or state, in the performance of the official duties of

those agencies shall not violate this section.

4. All records included within this section shall be kept in a secure place by

the clerk of the Court, and shall be released only pursuant to procedures

developed by the Chief Judge of the Court. No other release of

information shall be permitted without an order of the Court.

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B. Oath. Each person who inspects a minor’s record shall be required to sign a

written oath pledging to maintain the confidentiality of the records. Failure to

abide by this pledge shall constitute Contempt of Court.

C. Destruction of Records. All records of the minor shall be destroyed when the

minor is no longer subject to the Court’s jurisdiction, except that records

involving adoption or abuse of a minor shall not be destroyed and shall remain

sealed until further order of the Court.

-1.1.040 Medical Examinations. The Court may order a medical and/or

psychological examination for a minor or any other party before the Court if it is determined,

after a hearing, that the party’s medical or psychological health are relevant to the issues before

the Court.

-1.1.050 Payment of Fees and Expenses. There shall be no fee for filing a

petition under this Ordinance. Nor shall any fee be charged by any tribal officer for the service of

process or for attendance in Court in any such proceedings. Witness fees shall be payable in

accordance with the Rules of the Court.

-1.1.060 Responsibilities of Adults.

A. Parental Responsibility.

Parent as Party. The parent of a child within the jurisdiction of the Court

may be made a party to a petition if the child is alleged to be a Minor in

Need of Care or a juvenile offender.

Disposition. The Court may order the parent under this section to submit

to counseling, participate in any probation or other treatment program and,

if the child is committed or institutionalized, to participate in any

institutional treatment or counseling program, including attendance at the

site of the institution.

Fines. A parent shall not be liable for any fine their child may be ordered

to pay.

Cost of Support. The Court shall order the parent, guardian, or custodian

to pay the reasonable cost or part of the cost of Court proceedings, and

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support and treatment of the child that the parent is financially able to pay

if:

a. The child is adjudicated to be a Minor in Need of Care, or a

juvenile offender; and

b. The Court orders that the child be placed with an agency,

institution, or an individual other than the parent.

B. Other Audits. The Court shall join as a party in any proceeding under this

Ordinance any adult necessary for proper disposition of any case heard pursuant

to this Ordinance.

C. Enforcement. The Court may enforce any of its orders issued under this section by

use of its contempt power.

-1.1.170 Guardian Ad Litem. The Court, at any stage of a proceeding, shall

appoint a guardian ad litem for a minor who is a party, if the minor has no parent, guardian, or

custodian appearing on behalf of the minor or if the interests of the minor conflict with the

interests of parents, guardians, or custodians or when it appears to the Court that the best

interests of the minor warrant the appointment.

-1.1.080 Commencement of Action.

A. Petition. Except as otherwise provided below, proceedings in cases under this

Ordinance are commenced by petition.

B. Exceptions to Petition. In the case of violations of motor vehicle or boating laws,

fish and game laws, or the Tribe’s Law and Order Ordinance, a petition shall not

be required. The issuance of a traffic citation, other citation, or summons for these

violations is sufficient to invoke the jurisdiction of the Court. Unless the Court

orders otherwise, a preliminary investigation is not required in such cases.

C. Contents of Petition. A petition shall be entitled “In the Matter of

a minor,” and shall set forth the following:

1, The name, birth date and residence of the minor;

2. The names and residences of the minor’s parent, guardian or custodian;

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3. A citation to the specific section of this Ordinance, which gives the Court

jurisdiction of the proceedings;

4. Where applicable, a citation to the section of the Tribe’s Law and Order

Ordinance that the minor is alleged to have violated;

5. If the minor is in detention or shelter care, the place of detention or shelter

care and the time he/she was taken into custody; and

6. A concise statement of the facts underlying the petition.

D. Preparation of Petition. The statements in the petition may be upon information

and belief and the petition shall be prepared, verified, and signed by the

presenting officer or Caseworker.

E. Dismissal. The Court may dismiss a petition at any stage of the proceedings.

-1.1.090 Standard of Proof. The standard of proof for a juvenile offender’s

adjudicatory hearing or termination of parental rights shall be proof beyond a reasonable doubt.

The standard of proof for all other hearings under this Ordinance shall be clear and convincing

evidence. The Court shall review the applicable case plan and its implementation by the

Department in order to determine whether or not “reasonable efforts” are being made to prevent

or eliminate the need for removal of the child from the home, or to make possible the minor’s

return to his/her home. The Court shall include such findings in its order upon a review or

disposition.

-1.1.100 Use of Reports in Juvenile Proceedings. For the purpose of establishing

that a child is a Minor in Need of Care, and for the purpose of determining proper disposition of

a minor in any case, written reports and other materials relating to the child’s mental, physical,

and social history and condition may be received in evidence, and may be considered by the

Court along with other evidence, but the Court may require that the person who wrote the report

or prepared the material appear as a witness if he or she is reasonably available. The Court shall

consider only evidence in any of these reports or documents.

-1.1.110 Consolidation. When more than one (1) child is involved in the same

Situation which may be found to constitute abuse or neglect, or when more than one (1) child is

alleged to be involved in the same law violation, the proceedings may be consolidated, except

that separate hearings may be held with respect to disposition.

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-1.1.120 Presence of Parent, Guardian, Custodian, or Guardian Ad Litem.

The Court shall endeavor to ensure the presence of one or both parents, a guardian, or custodian

of the minor at all hearings.

-1.1.130 Grounds for Re-Hearing. A parent, guardian, or custodian of any child

whose status has been adjudged in a proceeding under this Ordinance or any adult affected by an

order or judgment in a proceeding under this Ordinance may, at any time, petition the Court for a

new hearing on the grounds that new evidence which was not known or could not with due

diligence have been made available at the original hearing and which might affect the order or

judgment, has been discovered. If it appears to the Court that there is such new evidence that

might affect its order or judgment, it shall order a new hearing and enter such order or judgment

and make such disposition of the case as is warranted by all the facts and circumstances and the

best interests of the minor.

-1.1.140 Modification, Revocation, or Extension of an Order.

A. Upon Motion. The Court may modify, revoke, or extend an order at any time

upon the motion of the following:

1, The minor and his/her attorney;

2. The minor’s parent, guardian, or custodian, and his/her legal

representative, if appropriate:

3. The Caseworker; or

4. The presenting officer.

B. Hearing. Hearings to modify, revoke, or extend a Court order shall be conducted

according to the Rules of the Court.

-1.1.150 Testimony by Videotape. At the discretion of the Court, and where

necessary to protect the best interests of the minor, the Court may permit minors to testify by

videotape, or take other steps necessary to protect the minor in proceedings under this Ordinance.

CHAPTER 2. MINOR IN NEED OF CARE

Section:

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-1.2.010 Minor in Need of Care Policy Provision

-1.2.020 Duty to Investigate and Report Abuse and Neglect

-1.2.030 Investigations and Reports

.1.2.040 Petition; Minor in Need of Care

-1.2.050 Petition Process

-1.2.060 Taking a Minor Into Emergency Custody

-1.2.070 Release of a Minor From Emergency Custody

-1.2.080 Emergency Custody Order

-1.2.090 Emergency Placement

-1.2.100 Preliminary Inquiry

1.2.110 Investigation and Recommendation by the Caseworker

1.2.120 Informal Adjustment Conference

-1.2.010 Minor in Need of Care Policy Provision. It is the policy of the Tribe to

ensure an adequate physical and emotional environment that will protect the health, safety, and

development of all the Tribe’s children; to compel the parents or custodians of the Tribe’s

children to provide a proper environment for their children; to facilitate changes or improvement

in the home environment where necessary to provide a proper environment for the child; to

establish a judicial process to protect the health and safety of the Tribe’s children including the

provision of substitute care and supervision for children in need of care; and to protect a child’s

identity and ties with his/her family and the tribal community.

-1.1.020 Duty to Investigate and Report Abuse and Neglect.

A. Basis of Investigation and Report. Persons who have a reasonable cause to

suspect that a minor has been abused or neglected shall report the suspected abuse

or neglect to the Department or a tribal law enforcement agency. The Department

or a tribal law enforcement agency shall immediately investigate all allegations of

abuse and neglect, and, if appropriate, proceed according to the provisions of this

Ordinance.

B. Persons Required to Report. Those persons who are required to report suspected

abuse or neglect include any physician, nurse, dentist, optometrist, or medical or

mental health professional; schoo! principal, school teacher, or other school

official; social worker; child day care center worker or other child care staff

including foster parents, residential care or institutional personnel; counselor;

peace officer or other law enforcement official; judge, attorney, court counselor,

clerk of the Court or other judicial system official.

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C. Other Persons Reporting. Any person may make a report of suspected abuse or

neglect to the proper tribal officials.

D. Anonymity. Those persons reporting, except those specified in the section of this

Ordinance entitled “Persons Required to Report,” may remain anonymous if the

Court so determines.

E. Immunity from Liability. All persons or agencies reporting known or suspected

instances of abuse or neglect in good faith shall be immune from civil liability and

criminal prosecution.

-1.1.030 Investigations and Reports.

A. Required Investigations. The Department shall initiate all investigations of

matters that arise under this Ordinance where any allegation that a minor has been

abused or neglected is made. The Court may require that an investigation be made

and a report be submitted to the Court in writing in all cases under this Ordinance

in which a petition has been filed, except violations of traffic, fish and game,

boating, and law and order laws. Investigations with respect to juvenile offenders

shall be submitted to the Court for dispositional purposes only and shall not be

submitted until after adjudication is completed and the Court has found that the

minor has committed the alleged acts.

B. Scope of Investigation. The investigation shall cover the minor’s home

environment, history and associations, the present condition of the minor and

family, and recommendations as to the minor’s future care. The worker shall

make conclusions as to the likely future of the family if no intervention occurs. In

cases involving the duty of support, the study shall include such matters as

earnings, assets, financial obligations, and employment.

-1.2.040 Petition; Minor in Need of Care.

A. The Caseworker shall review and investigate all complaints, and shall file a

petition with the Court upon a preliminary determination that a minor is a Minor

in Need of Care.

B. The petition shall state:

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1. The specific section(s) of this Ordinance that give the Court jurisdiction;

2. The provision of this Ordinance or a relevant court order that is alleged to

have been violated;

3. The name, address, and age of the minor who is the subject of the petition;

4. The names of all parties to the allegations;

5. The facts upon which the allegations are based, including the date, time,

and location where the alleged facts occurred including any alleged

witnesses; and

6. Ifthe child is in detention, shelter care, or other custody, the time, and date

the child was placed in such care and the reasons therefor.

-1.2.050 Petition Process

Petition. The petition shall be prepared as required by the Rules of Court.

Notice. Notice of a hearing on the petition, or on any matter related to the petition

or the minor, shall be given to the parties as required by the Rules of the Court.

Summons. Summons on the petition shall be issued and served as required by the

Rules of the Court.

Adjudicatory Hearing. An adjudicatory hearing shall be held within thirty (30)

days after the petition is filed, except upon order of the Court. The Court shall

conduct the adjudicatory hearing for the purpose of determining if a minor is a

Minor in Need of Care. A finding by the Court that a minor is a Minor in Need of

Care shall be considered to be a final order for purposes of appeal. If the Court

finds that the minor is a Minor in Need of Care, the Court shall dispose of the

minor in a manner consistent with the best interests of the minor and which is the

least restrictive setting for the minor, pursuant to the chapter of this Ordinance

pertaining to disposition and placement provisions.

-1.2.060 Taking a Minor Into Emergency Custody.

A tribal representative shall be designated to handle emergency custody of minors

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under this Ordinance. The tribal representative shall be a law enforcement officer

if the Tribe has established a law enforcement department or contracts for law

enforcement with another governmental agency. In the absence of a law

enforcement officer, the tribal representative shall be a Caseworker.

The tribal representative shall take a minor into emergency custody if:

1. He or she has reasonable grounds to believe that the minor is a Minor In

Need of Care and is in immediate danger from his/her surroundings and

that removal is necessary;

2. An emergency custody order has been issued by the Court for the minor

pursuant to section ___.1.2.080 of this chapter; or

3. He or she has reasonable cause to believe that a minor who is subject to

the Court’s jurisdiction is leaving the jurisdiction of the Court without

permission.

-1.2.070 Release of a Minor From Emergency Custody.

A. The tribal representative who takes a minor into emergency custody shall:

1. Release the minor immediately to the minor’s parent, guardian, or

custodian and issue verbal instructions or warnings as may be appropriate;

2. If the tribal representative is a law enforcement officer, deliver the minor

immediately to the Caseworker, a shelter care designated by the Court, or

to a medical facility if the minor is believed to be in need of medical

attention. If the minor is not delivered to a Caseworker, the law

enforcement officer shall immediately notify the Caseworker of the

circumstances of the emergency custody and location of the minor. All

notifications required by this section shall be done immediately,

notwithstanding weekends or holidays.

B. The Caseworker, immediately upon arranging for emergency custody of the

minor or upon emergency placement of the minor pursuant to the provisions of

this Ordinance, shall review the need for custody and shall:

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Cc.

1. Notify the parent, guardian, or custodian within twenty-four (24) hours of

learning that custody of the minor has been taken; or

2. Release the minor to his/her parent, guardian, or custodian, unless the

minor requires shelter care or medical attention at a medical facility.

A minor taken into emergency custody under this section shall be released to

his/her parent, guardian, or custodian within five (5) days of the time he/she was

taken into custody, unless the Court issues an order continuing custody of the

minor with the Tribe. In the event of a dispute regarding a minor’s release from

custody during the first five (5) days of custody, the Caseworker and Department

Director shall have complete authority, in the absence of a court order, to

determine if the minor is to remain in custody.

-1.2.080 Emergency Custody Order. The Court shall issue an emergency

custody order if the Court finds probable cause to believe that the minor is a Minor in Need of

Care and one or more of the following conditions exist:

The minor is suffering from an illness or injury, and no parent, guardian,

custodian, or other person is providing adequate care of him or her;

The minor is in immediate danger from his/her surroundings, and removal is

necessary for the safety or well being of the child;

The minor will be subject to injury or abuse by others or by him or herself if not

placed in custody by the Court;

. The minor has been abandoned by his/her parent, guardian, custodian, or other

person;

No parent, guardian, custodian, or other person is able or willing to provide

adequate supervision and care for the minor; or

The minor will run away, or be taken beyond the jurisdiction of the Court, and

will be unavailable for further proceedings.

-1.2.090 Emergency Placement. A minor in need of emergency placement may

be placed, pending a Court hearing, in one of the following placements:

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A. With extended family members who will be able to protect the health and safety

of the minor;

B. A foster care facility licensed or approved by the Department;

C. A private family home licensed or approved as a foster home by the Department;

D. A shelter care facility by the Department.

E. No minor who is determined to be a Minor in Need of Care shall be detained in a

detention facility or in jail.

-1.2.100 Preliminary Inquiry.

A. Policy. The purpose of a preliminary inquiry is to determine the best interests of

the minor and the Tribe with regard to any action to be taken with regard to a

minor once he or she is taken into emergency custody. In determining the best

interests of the minor, the Court shall examine whether probable cause exists to

believe the alleged act or abuse or neglect was committed and whether continued

custody is necessary pending further proceedings.

B. Time. A preliminary inquiry involving a minor shall be held within five (5) days

from the time a minor is placed in emergency custody. If the minor has been

released from emergency custody, the preliminary inquiry shall be held within ten

(10) days from the date the minor is released from emergency custody. If a minor

has not been placed in emergency custody, the preliminary inquiry shall be held

within ten (10) days of the filing of a petition, if the petition is not dismissed.

C. Attendance of Parent, Guardian, or Custodian. If the minor’s parent, guardian, or

custodian is not present at the preliminary inquiry, the Court shall determine what

efforts have been made to notify and to obtain their presence. If it appears that

further efforts are likely to produce their appearance in Court, the Court shall

recess for not more than twenty-four (24) hours and shall direct the presenting

officer to make continued efforts to obtain their presence.

D. Dismissal of Petition and Release of Minor. If the Court determines that there is

no probable cause to believe that the minor is a Minor in Need of Care, the

petition shall be dismissed without prejudice and the minor released. If the Court

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determines that there is probable cause to believe that the minor is a Minor in

Need of Care, but that the minor is not in need of emergency custody, the minor

shall be released to the custody of his/her parent, guardian, or custodian pending

final disposition of the petition, under the protective supervision of the Tribe.

-1.2.110 Investigation and Recommendation by the Caseworker.

A. Investigation, The Caseworker shall investigate, within forty-eight (48) hours of

the preliminary inquiry or release of the minor, to determine whether the interests

of the minor and the Tribe require that further action be taken.

B. Recommendations. Upon completion of the investigation, the Caseworker shall

recommend to the presenting officer:

1. No further action be taken:

2. An informal adjustment conference; or

3. The filing of a petition, if a petition has not yet been filed.

If the presenting officer does not file a petition, the minor shall be released

immediately if in emergency custody and all charges shall be dismissed

unless informal adjustment is recommended, in which case the matter

shall proceed as required by this Ordinance.

-1.2.120 Informal Adjustment Conference.

A. When Permitted. Within ten (10) days after the preliminary inquiry, the

Caseworker may hold an informal conference with the minor and the minor’s

parent, guardian, custodian, or legal representative to discuss alternatives to the

filing of a petition if:

1. The admitted facts bring the case within the jurisdiction of the Court;

2. An informal adjustment of the matter would be in the best interests of the

minor and the Tribe; and

3. The minor and his/her parents, guardian, custodian, or legal representative

consent to an informal adjustment with knowledge that the consent is

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voluntary.

B. Alternatives. As a result of the informal adjustment conference, if the Department

determines that a family is at high-risk of entering the child welfare system, the

Department may:

1. Arrange for support services for the family prior to any court involvement.

These services shall be designed to build and repair relationships within

families and communities and prevent more drastic interventions such as

removal, termination of parental rights, and adoption. Such services may

range from counseling and substance abuse programs to employment

services, mental health programs, social services, parenting classes, or

other services developed by the tribal community;

2. Engage parents and extended kin or other community members as partners

in the effort to address the specific familial problems that are leading to

abuse or neglect;

3. Order terms of supervision calculated to assist and benefit the minor,

parents, guardian, or custodian that regulate the activities of the minor and

his/her parents, guardian, or custodian and which are within their ability to

perform;

4. Accept an offer of restitution if voluntarily made by the minor and

appropriate; or

5. Recommend that the presenting officer file a petition pursuant to this

Ordinance if it appears that no other alternative will be in the best interests

of the minor and of the Tribe. The Department shall continuously monitor

and evaluate the alternative response to determine whether the alternative

response is having the desired effect. If such efforts fail, court intervention

shall become necessary.

C. Written Agreement.

1. Content. The Caseworker shall set out in writing the agreement and

conclusions reached at the informal adjustment conference. The parties

shall sign the agreement and be provided with a copy. An informal

adjustment agreement shall not exceed six (6) months in length, except

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Section:

-1.3.010

-1.3.020

-1.3.030

that the time period may be extended upon order of the Court.

Use of Statements Made. No statements made during the informal

adjustment conference, whether written, oral, or demonstrative, may be

used against the minor or any of the parties or witnesses if a petition is

filed.

. Review period. The Caseworker shall review the family progress every

thirty (30) days. If, at any time after the initial thirty (30) day period but

before the end of the six (6) months, the Caseworker concludes that the

agreement as it is being followed is not serving the best interests of the

minor, the Caseworker shall recommend that the presenting officer file a

petition pursuant to this Ordinance.

. Acceptance by Presenting Officer. The informal adjustment agreement

shall be reviewed by the presenting officer after it is signed by the parties.

The presenting officer shall accept or reject the agreement within five (5)

days. If the agreement is rejected, the presenting officer shall make written

comments indicating that conditions are necessary for the agreement to be

accepted. The parties shall be informed at the start of any informal

adjustment negotiation by the Caseworker that the presenting officer has

the authority to review and approve any agreement that is reached.

- Notice to the Court. The presenting officer shall file a copy of the

approved informal adjustment agreement with the Court.

. Disposition Upon Completion of Agreement. If the informal adjustment

agreement is followed during the term of the informal adjustment period

agreement and the Caseworker does not recommend the filing of a petition

during the informal adjustment period, the presenting officer shall close

the case file.

CHAPTER 3. DISPOSITION AND PLACEMENT PROVISIONS

Policy; Requirements for Removal of Minor From Home

Pre-Dispositional Report

Dispositional Hearing

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-1.3.040 Disposition of a Minor in Need of Care

-1.3.050 Disposition of Juvenile Offender

-1.3.060 Conditions Set by the Court

-1,3.070 Off-Reservation Agreements

-1.3.080 Periodic Review of Placement: Periodic Review

-1.3.090 Permanency Planning Hearing: Disposition

-1.3.100 Procedures for Placement Review Hearings

-1.3.110 Periodic Reviews After Permanency Planning Hearing

-1,3.120 Permanency Planning Hearing Not Required

-1.3.130 Notice of Change in Minor’s Placement

-1.3.140 Department’s Duties for Long-Term Placement; Reports and

Recommendations

-1.3.150 Confidentiality of Department Records

-1.3.010 Policy; Requirements for Removal of Minor From Home. The

removal of a minor from his/her home for foster care placement, termination of parental rights,

or long-term placement must result from a judicial determination that continued custody would

be contrary to the health and welfare of such minor. Reasonable efforts shall be made before

foster care placement, termination of parental rights, and long-term placement to prevent or

eliminate the need to remove the minor from his/her home, and reasonable efforts are to be made

to make possible the child’s return to his/her home: provided, however, that nothing in this

chapter shall prevent the emergency removal of a minor as permitted by this Ordinance. Where

more than one (1) minor is removed from a home, it shall be the Tribe’s policy to keep all of the

minors so removed in the same placement or shelter.

-1.3.020 Pre-Dispositional Report.

A. Preparation. The Court shall order the Caseworker to prepare a report to the Court

for the disposition of a minor who is a Minor in Need of Care if the Court

determines a report is necessary. Except by order of the Court, the predispositional report shall be filed at least five (5) days before the dispositional

hearing. The report shall contain a specific plan for the care and assistance to the

minor or his/her parents, guardian, or custodian, which is calculated to resolve the

problems presented in the petition which are the least restrictive to the minor and

consistent with the best interests of the minor.

B. Additional Reports. Copies of the pre-dispositional reports shall be made

available to the minor, the parents, guardian, custodian, or legal representative at

least two (2) days before the dispositional hearing. Any party may submit a

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is)

separate pre-dispositional report to the Court in the same time period set out in

this subsection.

-1.3.030 Dispositional Hearing.

Time Limits. Except upon order of the Court, the dispositional hearing shall be

held within twenty (20) days of the adjudicatory hearing on the petition for the

purpose of determining the proper disposition of the minor.

Exceptions. Upon request of any of the parties or the presenting officer, or if the

Court determines that this would be in the best interests of the minor, the Court

may hold a dispositional hearing immediately after the adjudicatory hearing on

the petition upon a showing of extraordinary circumstances.

-1.3.040 Disposition of a Minor in Need of Care. Upon making a finding that a

minor is a Minor in Need of Care, the Court may make any of the following dispositions, listed

in order of priority:

Permit the minor to remain with his/her parents, guardian, or custodian under

protective supervision, subject to such limitations and conditions as the Court may

prescribe;

. Place the minor with an extended family member under protective supervision

within the boundaries of the Reservation, subject to such limitations and

conditions as the Court may prescribe;

. Place the minor in a foster home under protective supervision on the Reservation

which has been licensed or approved by the Department, subject to such

limitations and conditions as the Court may prescribe;

. Place the minor in a residential facility under protective supervision as designated

by the Court;

Place the minor in a foster home or an extended family member’s home approved

by the Department outside the Reservation, subject to such limitations and

conditions as the Court may prescribe:

Transfer legal custody to an agency responsible for the care of Minors in Need of

Care, or to an extended family member or other person who the Court finds to be

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qualified to receive and care for the minor, subject to such limitations and

conditions as the Court may prescribe:

G. Recommend that termination proceedings be initiated;

H. Recommend that either full or partial emancipation be ordered; or

I. Place the minor in a long-term placement, including consideration of guardianship

as an alternative to adoption or termination of parental rights.

-1.3.050 Disposition of a Juvenile Offender. If a minor has been adjudged a

juvenile offender, the Court may make any or all of the following dispositions:

A. Any disposition that is authorized for the disposition of a Minor in Need of Care;

B. Place the minor on probation, subject to conditions set by the Court;

C. Place the minor in an institution or agency designated by the Court;

D. Place the minor in a detention facility;

E. Require the minor to make restitution; or

F. In cases of violations of traffic laws or ordinances, the Court may, in addition to

any other disposition, restrain the minor from driving for such period of time as

the Court deems necessary.

-1.3.060 Conditions Set by the Court. The conditions or limitations which the

Court may set upon a minor, his/her parent, guardian, custodian, or any other party pursuant to

this Ordinance shall be designed to improve the condition of the minor if he/she is found to be

Minor in Need of Care or the behavior of the minor if he/she is found to be a juvenile offender.

Such conditions or limitations include, but are not limited to: counseling or therapy; restriction

on visits with one or both parents; payment of support or other necessary costs; attendance at

school; participation in tribal-sponsored activities; restrictions on associations; curfew; or any

other dispositions as set out in this Ordinance.

-1.3.070 Off-Reservation Agreements. Whenever a minor is placed in a home or

facility located off the Tribe’s Reservation, the Court shall require the party receiving custody of

the minor to sign an agreement that the minor will be returned to the Court upon order of the

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Court, and submitting to tribal jurisdiction. Absent such a signed agreement, any person or

institution shall be deemed to have consented to return such minor to the Court by virtue of

having taken placement under this Ordinance, and to have consented to tribal jurisdiction for

purposes of the minor.

-1.3.080 Periodic Review of Placement; Periodic Review. Within six (6) months

of the original dispositional hearing and each six (6) months thereafter so long as a minor

remains within the jurisdiction of the Court, where the minor is in short-term or temporary care,

or the minor is in a placement not within the preferences of this Ordinance, the status of a minor

will be reviewed by the Court to:

A. Determine the continuing need for appropriateness of Court jurisdiction and of the

placement;

B. Determine the extent of compliance with the case plan;

C. Determine the extent of progress made toward easing or lessening the cause

requiring the placement in foster care; and

D. Project a likely date by which the minor may be returned home or placed for

adoption or legal guardianship.

The Court at the periodic review may consider any recommendations on these issues by the

Department or the Administrative Review Panel, if appropriate. An interested party may request

a dispositional review at any time, and such review shall be granted at the discretion of the Court.

A dispositional order is a final order for purposes of appeal.

-1.3.090 Permanency Planning Hearing; Disposition. Within eighteen (18)

months of the original placement and every six (6) months thereafter, the Court shall hold a

permanency planning hearing in accordance with this Ordinance to determine the long-term

status of the minor. Recommendations made by the Department shall be presented to the Court at

this hearing and the Court shall decide if the recommendations shall be followed. The

permanency planning hearing may be combined with the periodic review. The Court may order,

but not be limited to, any of the following dispositions:

A. Returning the minor to the parent(s);

B. Ordering that a guardian be appointed and placing the minor with the guardian;

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C. Continuing the minor in foster care for a specific period:

D. Continuing the minor in foster care on a permanent long-term basis; and/or

E. Recommending parental rights be terminated and the minor placed for adoption.

-1.3.100 Procedures for Placement Review Hearings. The Court shall return a

minor to the physical custody of the parent or guardian unless by a preponderance of evidence it

finds that returning the minor would cause a substantial risk to the physical or emotional

wellbeing of the minor. The Department has the burden of proving the risk. The Court shall

review the Department and California Child Protection Services reports, if appropriate, and

consider any other evidence and testimony including the parent or guardian’s treatment or efforts

at rehabilitation. The Court also may order additional services, which will facilitate the return of

the minor to the custody of his/her parent or guardian.

-1.3.110 Periodic Reviews After Permanency Planning Hearing. Periodic

reviews conducted by the Court after the initial permanency planning hearing shall determine the

appropriateness of the placement, and continued appropriateness and extent of compliance with

the permanent plan for the minor, the extent of compliance with the case plan, and adequacy of

services provided to the minor. By the end of the eighteenth (18th) month of foster care, except

by order of the Court, a decision regarding the long-term placement of the minor shall be made.

-1.3.120 Permanency Planning Hearing Not Required. Subsequent permanency

planning hearings need not be held if:

A. The minor has been adopted;

B. The minor is a ward on a guardian; or

C. The minor is in long-term foster placement intended to be permanent in nature;

provided that the initial dispositional hearing required under this Ordinance has

been held, and provided further that the Court explicitly orders that no further

permanency planning hearings are required.

-1.3.130 Notice of Change in Minor’s Placement. The removal of the minor

from the parent’s home, change of the minor’s placement or a determination affecting a parent,

guardian, or custodian’s legal right to custody of a minor shall require notice of such change to

the parties, and a review hearing shall be conducted on such change upon the written request of

any party.

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-1.3.140 Department’s Duties For Long-Term Placement; Reports And

Recommendations. The Department shall have the duty to recommend long-term options for a

minor within the jurisdiction of the Court. The Caseworker shall submit a report at least five (5)

days before the periodic review hearing conducted before the Court. The report shall discuss

compliance with the placement preferences of the Tribe, the long-term prospects of reuniting the

minor with his/her family, the placement options available to the minor, and the Caseworker’s

recommendations as to which placement would serve the best interests of the minor.

-1.3.150 Confidentiality of Department Records. All records of the Department

regarding placement of a child within the jurisdiction of the Court under this Ordinance are

confidential and shall be made available only to the Court or a party and a legal representative,

and the minor’s parent, guardian, or custodian, or to other persons the Court determines has a

valid reason to seize such records.

CHAPTER 4. TERMINATION OF PARENTAL RIGHTS

Section:

.1.4.010 Purpose

-1.4.020 Enrollment and Inheritance Status

-1.4.030 Grounds for Non-Voluntary Termination

.1.4.040 Petition

-1.4.050 Notice of Hearing

-1.4.060 Summons

-1.4.070 Reports

-1.4.080 Appointment of Counsel or Guardian Ad Litem

-1.4.090 Hearing

-1.4.100 Judgment

-1.4.110 Appeal

-1.4.120 Voluntary Termination of Parental Rights

-1.4.130 Legal Protections of the Rights of Great-Grandparents and/or

Grandparents

-1.4.010 Purpose. The purpose of this chapter is to provide for voluntary and nonvoluntary termination of the parent-child relationship by court order. Non-voluntary termination

of parental rights over a minor is a serious matter and an action that the Court may take only

after all remedies have been exhausted in the attempt to maintain the stability of the family or to

maintain a minimum level of positive contact between the minor and his/her family, including

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extended family. It is the further purpose of this chapter to provide meaningful and clear

standards to be applied to cases involving termination of parental rights and to ensure competent,

stable, and ongoing care of the minor by prompt and final adjudication.

-1.4.020 Enrollment and Inheritance Status. No adjudication of termination of

parental rights shall affect a minor’s enrollment status as a member of the Tribe, a minor’s

degree of blood quantum, a minor’s rights of inheritance from natural parents, or a minor’s

relationship with extended family members, where appropriate.

-1.4.030 Grounds for Non-Voluntary Termination.

A. Termination Allowed. The Court may terminate a parent’s rights when the Court

finds beyond a reasonable doubt that the parent is: (1) unfit; or (2) the conduct or

condition of the parent is such as to render him or her unable to care for the minor

and such conduct or condition is unlikely to change within one (1) year; and

continued contact between the minor and the parent on any basis is not in the best

interest of the minor.

B. Factors to be Considered. In determining unfitness, conduct, or condition, the

Court shall consider, but is not limited to, any of the following:

1. The parent has abandoned the minor; or

2. Emotional illness, mental illness, or mental deficiency of the parent is of

such duration or nature as to render the parent unable to care for the

ongoing physical, mental, and emotional needs of the minor within one (1)

year from the date of determination of illness; or

3. Abuse or neglect of the minor as defined by this Ordinance; or

4. Excessive use of intoxicating liquors or illegal substances over a period of

one (1) or more years; or

5. Imprisonment of a single parent for a period of one (1) or more years; or

6. Adjudication by a Court of a plea of guilty by a parent to the charge that

the parent, either intentionally, recklessly, willfully or wantonly caused the

death or injury of a minor’s sibling; or

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7. Failure of the parent to provide a home or reasonable substitute physical

care and maintenance where custody is lodged with others; or

8. Failure of the parent to maintain regular visitation or other contact with the

minor as designated in a plan to reunite the minor with the parent; or

9. Failure of the parent to maintain consistent contact or communication with

the minor over a period of one (1) year; or

10. Rehabilitation of the parents has been unsuccessful.

C. Parent Unknown. The rights of the parent may be terminated as provided herein if

the Court finds the minor was left under such circumstances that the identity of

the parent is unknown and cannot be ascertained, despite diligent searching, and

the parent has not come forward to claim the minor within six (6) months

following the finding of the minor.

D. Best Interests of the Minor. In considering a termination of parental rights, the

Court shall give primary consideration to the best interests of the minor as shown

by physical, mental, and emotional condition and needs.

-1.4.040 Petition. The petition shall be prepared as required by this Ordinance,

and in conformity with the Rules of the Court.

-1.4.050 Notice of Hearing. Notice of hearing shall be given to all parties as

required by this Ordinance, and in conformity with the Rules of the Court.

-1.4.060 Summons. Summons shall be issued and served as required by this

Ordinance, and in accordance with the Rules of the Court.

-1.4.070 Reports.

A. Time Limit. The Caseworker shall prepare and present a written report to the

Court at least ten (10) days before the termination of parental rights hearing.

B. Contents. The report shall contain the opinions of all professionals consulted with

recommendations to the Court and the social history of the parent and minor and

all other pertinent facts.

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C. Copies. A copy shall be available to the parent whose rights are being terminated

at least ten (10) days before the hearing.

D. Additional Reports.

1. A parent whose rights are being terminated may also file a written report.

A copy shall be made available to the presenting officer at the same time it

is filed with the Court.

The Court may also order other individuals or agencies to submit written

reports. All reports shall be filed ten (10) days prior to the hearing and

shall be made available to the parent whose rights are being terminated at

the same time they are filed.

-1.4.080 Appointment of Counsel or Guardian Ad Litem. In any proceeding

for non-voluntary termination of parental rights, or any rehearing or appeal thereon, the Court

may appoint an advocate to represent the minor as counsel or guardian ad litem if the Court

determines that the interests of the minor are not being represented by any of the parties in the

proceeding, in the Court’s discretion. The Court may appoint a guardian ad litem in a voluntary

termination of parental rights proceedings.

-1.4.090 Hearing.

A. Time Limit; Purpose. A termination of parental rights hearing shall be held within

thirty (30) days after a petition is filed for the purpose of determining whether

grounds for termination exists as set out in this Ordinance, except by order of the

Court.

B. Witnesses. The Court shall subpoena experts who have knowledge of the

particular case, including physicians, psychiatrists, mental health professionals,

social workers, and any individual from the community cognizant of the

traditional child-rearing methods and attitudes of the Tribe. The Court may

subpoena any other witnesses or persons who the Court finds have a direct

interest in the cases. If the proposed witnesses are not subject to tribal subpoena,

the Court may request that they appear and testify, or obtain a subpoena from the

nearest Court with jurisdiction over such witnesses.

C. Conduct. The hearing shall be conducted in accordance with this Ordinance.

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[Read from a scan; the first 30 pages.]

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.