Lac Courte Oreilles Tribal (2025)

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Lac Courte Oreilles Tribal

Code of Law

Volume 2

Titles DMR through PHS

2025 Edition

Current through:

March 24, 2025

Last Codified:

Res. No. 2025-57

The codes and laws in this document are in the public domain.

Published by the Open Law Library.

OLL, OPEN LAW LIBRARY, and the Open Law Library LOGO are trademarks

used herein under license.

How to Use This Code

This is the official version of the Lac Courte Oreilles Tribal Code of Law. It is current through

the date provided on the cover.

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Lac Courte Oreilles Tribal Code of Law

Volume 2

DMR Domestic Relations .................................................DMR-Error! Bookmark not defined.

GNC General Conduct ...................................................... GNC-Error! Bookmark not defined.

VEH Vehicles..................................................................... VEH-Error! Bookmark not defined.

PHS Public Health and Safety ............................................ PHS-Error! Bookmark not defined.

Title DMR

Domestic Relations

DMR.1 Children's Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

..................................................................................... DMR.1-Error! Bookmark not defined.

DMR.2 Domestic Relations Court Code of the Lac Courte Oreilles Band of Lake Superior

Chippewa Indians ......................................................... DMR.2-Error! Bookmark not defined.

DMR.3 Guardianship of Adults and Protective Placement Code of the Lac Courte Oreilles

Band of Lake Superior Chippewa Indians....................... DMR.3-Error! Bookmark not defined.

DMR.4 Elders and Vulnerable Adults Protection Code of the Lac Courte Oreilles Band of Lake

Superior Chippewa Indians ........................................... DMR.4-Error! Bookmark not defined.

DMR.5 Aging Administration Code of the Lac Courte Oreilles Band of Lake Superior

Chippewa Indians ......................................................... DMR.5-Error! Bookmark not defined.

DMR.6 Paternity and Child Support Code of the Lac Courte Oreilles Band of Lake Superior

Chippewa Indians ......................................................... DMR.6-Error! Bookmark not defined.

DMR.7 Foster Care Licensing Policies and Procedures of the Lac Courte Oreilles Band of Lake

Superior Chippewa Indians ........................................... DMR.7-Error! Bookmark not defined.

DMR-

Chapter DMR.1

Children's Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Chapter DMR.1

Children's Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

DMR.1.1 Introduction ................................................ DMR.1.1-Error! Bookmark not defined.

DMR.1.2 Definitions................................................... DMR.1.2-Error! Bookmark not defined.

DMR.1.3 Children's Court........................................... DMR.1.3-Error! Bookmark not defined.

DMR.1.4 Emergency Custody Proceeding................... DMR.1.4-Error! Bookmark not defined.

DMR.1.5 Minor in Need of Care Proceedings ............. DMR.1.5-Error! Bookmark not defined.

DMR.1.6 Termination or Suspension of Parental Rights ........... DMR.1.6-Error! Bookmark not

defined.

DMR.1.7 Guardianship ............................................... DMR.1.7-Error! Bookmark not defined.

DMR.1.8 Adoption and Customary Adoption ............. DMR.1.8-Error! Bookmark not defined.

DMR.1.9 Administration ............................................ DMR.1.9-Error! Bookmark not defined.

DMR.1.10 AODA Minor in Need of Care Proceedings ............. DMR.1.10-Error! Bookmark not

defined.

DMR.1.11 Guardian Ad Litem Code .......................... DMR.1.11-Error! Bookmark not defined.

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte

Oreilles Band of Lake Superior Chippewa Indians to promote the traditional value that

children are the most important asset of the Tribe, which predates its Treaties of 1825,

1826, 1837, 1842, 1847 and 1854 with the United States Government. In the

implementation of this inherent sovereign authority, Article V, § 1 (q), (s), (t), and (u) of the

Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior

Chippewa Indians empowers the Tribal Governing Board to: "establish a tribal court for the

purpose of enforcing tribal ordinance..." Article V, § 1 (q); "promulgate and enforce

ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake

Superior Chippewa Indians and providing for the maintenance of law and order and the

administration of justice by establishing a tribal court and defining its duties and powers"

Article V, § 1 (s); "provide for the regulation of child custody and domestic relations matters

by ordinances or resolution" Article V, § 1 (t); "provide for the appointment of guardians for

minors, aged persons, and mental incompetents by ordinance or resolution" Article V, § 1

(u). It is the purpose of this ordinance to protect the health, safety, and welfare of all

children within the jurisdiction of the Lac Courte Oreilles Tribe. In the children lie the Tribe's

future, and in their retention of Ojibwe traditions and culture lies the preservation of the

Tribe's past. It is the policy of the Tribe to strengthen family structures, to prevent family

breakups, and to foster conditions favorable to the growth, spirit, culture, and individuality

of each child. A child without knowledge of the past is directionless in the path forward; a

DMR.1-

child without a nurturing present is denied the strengths that lead to the future. It is the

Tribe's policy to favor preventive action over belated reaction, meditation over

confrontation, counseling over lecturing, conciliation over punishment, - but in all decisions

made under this ordinance the welfare of the child shall be the ultimate touchstone.

DMR.1-

Subchapter DMR.1.1

Introduction

Subchapter DMR.1.1

Introduction

DMR.1.1.010 Title ...................................................... DMR.1.1-Error! Bookmark not defined.

DMR.1.1.020 Authority .............................................. DMR.1.1-Error! Bookmark not defined.

DMR.1.1.030 Policy.................................................... DMR.1.1-Error! Bookmark not defined.

DMR.1.1.040 Purpose ................................................ DMR.1.1-Error! Bookmark not defined.

DMR.1.1.050 Effective Date ....................................... DMR.1.1-Error! Bookmark not defined.

DMR.1.1.060 Interpretation ....................................... DMR.1.1-Error! Bookmark not defined.

DMR.1.1.070 Severability and Non-Liability ............... DMR.1.1-Error! Bookmark not defined.

DMR.1.1.080 Repeal of Inconsistent Tribal Ordinances ............ DMR.1.1-Error! Bookmark not

defined.

DMR.1.1.010

Title

This ordinance shall be known as the Children's Code of the Lac Courte Oreilles Band of

Lake Superior Chippewa Indians (hereinafter "Tribe").

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.1.010 was formerly codified as VII LCOTCL §1.101

DMR.1.1.020

Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte

Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent

sovereign authority, Article V, § 1 (q), (s), (t), and (u) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal

Governing Board to: "establish a tribal court for the purpose of enforcing tribal ordinance..."

Article V, § 1 (q); "promulgate and enforce ordinances governing the conduct of members of

the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the

maintenance of law and order and the administration of justice by establishing a tribal court

and defining its duties and powers" Article V, § 1 (s); "provide for the regulation of child

custody and domestic relations matters by ordinances or resolution" Article V, § 1 (t);

"provide for the appointment of guardians for minors, aged persons, and mental

incompetents by ordinance or resolution" Article V, § 1 (u).

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.1.020 was formerly codified as VII LCOTCL §1.102

DMR.1.1-

DMR.1.1.030

Policy

It is the policy of the Tribe to strengthen family structures, to prevent family breakups,

and to foster conditions favorable to the growth, spirit, culture, and individuality of each

child. A child without knowledge of the past is directionless in the path forward; a child

without a nurturing present is denied the strengths that lead to the future. It is the Tribe's

policy to favor preventive action over belated reaction, meditation over confrontation,

counseling over lecturing, conciliation over punishment, - but in all decisions made under

this code the welfare of the child shall be the ultimate touchstone.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.1.030 was formerly codified as VII LCOTCL §1.103

DMR.1.1.040

Purpose

It is the purpose of this ordinance to protect the health, safety, and welfare of all

children within the jurisdiction of the Lac Courte Oreilles Tribe. In the children lie the Tribe's

future, and in their retention of Ojibwe traditions and culture lies the preservation of the

Tribe's past. This ordinance establishes that:

(a) The young people of the Tribe are properly the concern and responsibility of the

Tribe and their welfare is of paramount importance to the Tribe.

(b) It is important that the young people of the Tribe receive, preferably in their own

homes, the care and guidance needed to prepare them to take their places as adult

members of the Tribe.

will be willing to return young people of the Tribe to the Reservation for care and guidance

in accordance with the Indian Child Welfare Act, 25 U.S.C. § 1901, et. seq.

(d) The Children's Court shall protect the child's interest by choosing a course of action

which least restricts the child's freedom and is consistent with the safety and interests of

the Tribe and its children.

(e) It is the intent of the Tribe to provide its children with and assure the availability of

preventive services, thorough and accountable case planning, recognition of special needs,

and services designed to preserve and reunify families.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.1.040 was formerly codified as VII LCOTCL §1.104

DMR.1.1-

DMR.1.1.050

Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall

be effective on the date adopted by the Tribal Governing Board.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.1.050 was formerly codified as VII LCOTCL §1.105

DMR.1.1.060

Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements to strengthen family

structures, to prevent family breakups, and to foster conditions favorable to the growth,

spirit, culture, and individuality of each child subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

(d) Shall be interpreted to be in accordance with tribal customary law. Whenever there

is uncertainty or a question as to the interpretation of certain provisions of this ordinance,

tribal law and custom shall be controlling, and where appropriate, may be based on the

written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative.

If the traditions and customs of the Tribe are inconclusive in any matter, the Children's

Court may use tribal law, federal law or law of the State of Wisconsin for guidance;

(e) Along with the provisions of Title II of the Lac Courte Oreilles Band of Lake Superior

Chippewa Indians Tribal Code of Law (LCOTCL) except when inconsistent with any provision

of this ordinance, shall apply to any proceeding initiated hereunder;

(f) Does not waive the sovereign immunity of the Tribe in any respect.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.1.060 was formerly codified as VII LCOTCL §1.106

DMR.1.1.070

Severability and Non-Liability

If any section, provision or portion of this ordinance is adjudged unconstitutional or

invalid by a Court of competent jurisdiction, the remainder of this ordinance shall not be

affected thereby. The Tribe further asserts immunity on its part and that of its agencies,

DMR.1.1-

employees, and/or agents from any action or damages that may occur as a result of reliance

upon and conformance with this ordinance.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.1.070 was formerly codified as VII LCOTCL §1.107

DMR.1.1.080

Repeal of Inconsistent Tribal Ordinances

All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To

the extent that this ordinance imposes greater restrictions than those contained in any

other tribal law, code, ordinance or regulation, the provisions of this ordinance shall govern.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.1.080 was formerly codified as VII LCOTCL §1.108

DMR.1.1-

Subchapter DMR.1.2

Definitions

Subchapter DMR.1.2

Definitions

DMR.1.2.010 General Definitions............................... DMR.1.2-Error! Bookmark not defined.

DMR.1.2.010

General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following

terms, wherever used in this ordinance, shall be construed to apply as follows, except where

the context indicates otherwise:

(a) "Affected Persons" means the child who is the subject of a petition under this

ordinance, the Tribe by the Child Welfare Director or the Assistant Child Welfare Director,

and the child's parents, guardians, and custodians.

(b) "Adoptee" means the individual, child or adult who is adopted or is to be adopted.

permanent parent-child relationship with a child who is not their biological child.

(d) "Assistant Child Welfare Director" means the Tribe's Assistant Director of Indian

Child Welfare. When the Child Welfare Director and Assistant Child Welfare Director are

unavailable, a designee shall be named in their absence and shall have all requisite authority

of the Child Welfare Director and/or the Assistant Child Welfare Director.

(e) "Best Interests of a Child" means:

(1) The ability of the Tribe and reservation community to provide for the care of

the Child;

(2) The wishes of the Tribe, parents, party or parties;

(3) The preference of the Child if the Child is of sufficient age to express a

preference;

(4) The intimacy of the relationship between the parties and the Child; the Child's

adjustment to the home, school and the Tribal community;

(5) The length of time the Child has lived in a stable, satisfactory environment and

desirability of maintaining continuity;

DMR.1.2-

(6) The permanence as a family unit, of the existing or proposed adoptive home;

(7) The mental and physical health of all individuals involved;

(8) The capacity and disposition of the parties to give the child love, affection,

guidance and to continue educating the Child in the Child's tribal culture and heritage.

(f) "Best Interests of the Tribe" means a variety of factors including but not limited to

the ability of the Tribe and its members to provide for the Child; the ability of the Tribe and

its members to provide for the continuation of the Tribe's culture, language, history,

religion, traditions, and values through its children if those children are taken away and not

taught these things throughout their lives. The ability of the Tribe to continue as a viable

cultural entity will be hindered by the loss of its children. Every child is a gift from the

creator and is viewed by the Tribe as crucial to the future of the Tribe as a whole.

(g) "Birth Parent" means the biological parents listed on the child's birth certificate,,

enrollment application or acknowledged as the birth parent by law.

(h) "Child" or "Minor" means a person who is a member of the Tribe, or is eligible for

membership in the Tribe, whether or not resident or domiciled on the Reservation and

whether or not the subject of a child welfare proceeding in any Court; or who is the child of

a member of the Tribe; or who is an Indian child and resides within the boundaries of the

Reservation; and who is

(1) Under eighteen (18) years of age, or

(2) Eighteen (18) years of age or older and concerning whom proceedings were

commenced in the Children's Court, or in another Court from which such proceedings

are transferred to the Children's Court, prior to his or her 18th birthday.

(3) "Code" or "Ordinance" means this Children's Code.

(i) "Customary Adoption" means a traditional tribal practice recognized by the

community and Tribe which gives a child a permanent parent-child relationship with

someone other than the child's birth parent(s).

(j) "Child Welfare Director" means the Tribe's Director of Indian Child Welfare. When

the Child Welfare Director is unavailable, the Assistant Child Welfare Director shall have all

requisite authority of the Child Welfare Director in his or her absence.

(k) "Child Welfare Proceeding" has the meaning given to "child custody proceeding" in

25 U.S.C. § 1903 (1), and in addition, shall mean any child protective proceeding regarding

any child under twelve (12) years of age who commits an act which, but for the child's age,

would be considered a criminal or delinquent act.

DMR.1.2-

(l) "Children's Court" means the Children's Court Division of the Lac Courte Oreilles

Tribal Court exercising jurisdiction pursuant to this ordinance.

(m) "Custodian" means a person having care and custody of a child under any

arrangement with the child's parent or guardian or pursuant to order of the Children's

Court.

(n) "Days" means a twenty-four-hour time period. In computing any period of time

prescribed or allowed by this Tribal Code of Law, or any other ordinance or statute, or by

order of the court, the day of the act, event, or default from which the designated time

period begins to run shall not be included. The last day of the period shall be included unless

it is a day that the clerk of court's office is closed, in which case the period shall extend until

the day that the clerk of court's office is open next. When the period of time prescribed or

allowed is ten days or less, Saturdays and Sundays are excluded in the computation.

(o) "Extended Family" means all persons who are a child's relative pursuant to tribal

customary law including but not limited to indaanikobijigan (blood lines such as brother,

sister, grandparent, great-grandparent, aunt, great-aunt, uncle, great-uncle, first or second

cousin, niece, nephew), wiidigendinaaniwan (marriage ties such as stepparent, stepbrother,

stepsister, brother-in-law, sister-in-law), niiyawenh'enh (namesake), nindoodem (clan

member), and bami'aagan (customary adoption relative).

(p) "Final Decree of Customary Adoption" means a final order of the Children's Court

which established the permanent legal relationship between the child and the adoptive

parent(s) and establishes any contact which may be allowed with the biological parent.

(q) "Final Order Suspending Parental Rights" means a final order of the Children's Court

which suspends the rights of a biological parent to provide for the care, custody and control

of their child. A Final Order Suspending Parental Rights may establish the parameters of

contact between the birth parent and the child if that contact is in the child's best interest.

(r) "Guardian" means a person appointed by any Court to be guardian of a child's

person.

(s) "Guardian Ad Litem" means a person appointed by the Children's Court to appear in

child welfare proceedings on behalf of a child.

(t) "Law Enforcement Officer" means any tribal, federal, state or county social worker

or peace officer of any jurisdiction within the boundaries of the United States and Canada.

(u) "Person with an Interest in a Child" means the child if fourteen (14) years of age or

over, the child's parents, guardian, custodian, a member of the child's Extended Family, a

law enforcement or conservation officer when jurisdiction under Section DMR.1.5.010(h) of

DMR.1.2-

this ordinance is alleged, the Child Welfare Director, and the Assistant Child Welfare

Director.

(v) "Prenatal Exposed Newborn" means a child who has been exposed to addictive illicit

drugs or prescription drugs or alcohol while in the womb and exhibits symptoms consistent

with Neonatal Abstinence Syndrome after birth, or the child or the mother tests positive for

addictive illicit drugs or addictive prescription drugs during the pregnancy or shortly after

the child's birth. Addictive illicit and prescription drugs include, but are not limited to the

following: amphetamine, including methamphetamine, barbiturates, benzodiazepines,

cocaine, and its metabolites, marijuana, opiates, narcotics and opioids, such as fentanyl,

oxymorphone, codeine, dihydrocodeine, ethylmorphine, hydromorphone, hydrocodone,

morphine, methadone,and buprenorphine. The definition of "Prenatal Exposed Newborn"

does not include children whose sole exposure to addictive prescription substances comes

through medication provided to the mother during labor and childbirth.

(w) "Reservation" means those lands located within the exterior boundaries of the Lac

Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and

purview of the Lac Courte Oreilles Tribe.

(x) "Secure Custody" means a locked facility approved by the Child Welfare Director or

Assistant Child Welfare Director for the secure, temporary holding of children in custody.

(y) "Substantial Parental Relationship" means the acceptance and exercise of

significant responsibilities for the daily supervision, education, protection, and care of a

child, as evidenced by factors including but not limited to whether the parent has ever

expressed concern for or interest in the support, care, or well-being of the child or custodial

parent, and whether the parent has neglected or refused to provide support.

(z) "Suspension of Parental Rights" means the suspension of the rights, powers,

privileges, immunities, duties, and obligations existing between parent and child, as agreed

by the biological parent; however tribal membership, rights, privileges, entitlements, or

obligations shall not be affected by such suspension for the child(ren).

(aa) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(Res. No. 2024-24; Res. No. 15-87)

Prior Codifications

∗

§DMR.1.2.010 was formerly codified as VII LCOTCL §1.201

DMR.1.2-

Subchapter DMR.1.3

Children's Court

Subchapter DMR.1.3

Children's Court

DMR.1.3.010 Children's Court Division....................... DMR.1.3-Error! Bookmark not defined.

DMR.1.3.020 Full Faith and Credit.............................. DMR.1.3-Error! Bookmark not defined.

DMR.1.3.030 Jurisdiction over Parents and Their Children in Need of Care ..... DMR.1.3-Error!

Bookmark not defined.

DMR.1.3.040 Additional Jurisdiction .......................... DMR.1.3-Error! Bookmark not defined.

DMR.1.3.050 Jurisdiction over Contributing Adults .... DMR.1.3-Error! Bookmark not defined.

DMR.1.3.060 Continuing Jurisdiction ......................... DMR.1.3-Error! Bookmark not defined.

DMR.1.3.070 Precedence over Family Court Orders ... DMR.1.3-Error! Bookmark not defined.

DMR.1.3.080 Parties .................................................. DMR.1.3-Error! Bookmark not defined.

DMR.1.3.090 Discovery.............................................. DMR.1.3-Error! Bookmark not defined.

DMR.1.3.100 Psychological and Other Examinations.. DMR.1.3-Error! Bookmark not defined.

DMR.1.3.110 Parental Contributions.......................... DMR.1.3-Error! Bookmark not defined.

DMR.1.3.120 Informal Disposition ............................. DMR.1.3-Error! Bookmark not defined.

DMR.1.3.130 Accelerated Proceedings ...................... DMR.1.3-Error! Bookmark not defined.

DMR.1.3.140 Ineligible Children................................. DMR.1.3-Error! Bookmark not defined.

DMR.1.3.150 Right of Access to Records .................... DMR.1.3-Error! Bookmark not defined.

DMR.1.3.010

Children's Court Division

There is hereby established a Children's Court Division of the Lac Courte Oreilles Tribal

Court exercising jurisdiction pursuant to this ordinance as follows:

(a) The chief judge and any associate judges of the Lac Courte Oreilles Tribal Court shall

serve as judges of the Children's Court. Any magistrate of the Tribal Court shall serve as

magistrate of the Children's Court with such powers as are provided in Chapter TCT.2 and in

this ordinance.

(b) All child welfare proceedings of the Children's Court shall be designated as "In the

interest of . . . , a minor."

shall include the child's name, date of birth, parents' names, parents' last known addresses,

and names and addresses of all other affected persons, if known.

(d) In the event that a child welfare proceeding is transferred to the Children's Court

from any other Court, the Children's Court shall require conformity with the substantive and

DMR.1.3-

procedural law of the Tribe, and shall permit amendment of pleadings and other actions

necessary to effect jurisdiction over the child and for conformity with this ordinance.

(e) All hearings in the Children's Court shall be without a jury and all hearings shall be

closed to the public. All proceedings shall be recorded electronically or verbatim by a

licensed court reporter. The Children's Court Division may conduct hearings by telephone

and may allow any party or witness to appear by telephone under such procedures as will

best protect the rights of all parties.

(f) The Children's Court may receive hearsay evidence when the declarant is a child,

provided that the evidence bears sufficient indication of reliability.

(g) Except as provided in Section DMR.1.5.060(g) of this ordinance, all records of the

Children's Court shall be confidential and only affected persons shall have access.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.010 was formerly codified as VII LCOTCL §1.301

DMR.1.3.020

Full Faith and Credit

(a) The Children's Court, Child Welfare Director, Assistant Child Welfare Director and

other officials of the tribal government shall grant the public acts, records and judicial

proceedings of other entities, applicable to child welfare proceedings, full faith and credit to

the same extent such entities give full faith and credit to the public acts, records and judicial

proceedings of the Tribe.

(b) Without limitation to Section DMR.1.3.020(a) above, the Children's Court may, upon

petition, accept a case originally brought in another Court. Cases not accepted by the

Children's Court within sixty (60) days of the entry of the order transferring the case shall be

deemed a declination of the case. The Children's Court may, on its own motion or the

motion of any party, decline or waive jurisdiction over a child at any time

case was transferred to the Children's Court shall have the same effect as if they had been

issued by the Children's Court, regardless of whether the Children's Court would otherwise

have had the power to make the order. Regardless of the law of other jurisdictions, the

Children's Court may modify, extend, suspend or terminate any order issued in a transferred

judicial proceeding pursuant to the provisions of this Code.

DMR.1.3-

(d) Nothing herein shall be construed to limit the exclusive jurisdiction of the Tribe to

make determinations of its own membership, and to make, through its duly designated

procedures, all findings of fact necessary to such determinations.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.020 was formerly codified as VII LCOTCL §1.302

DMR.1.3.030

Jurisdiction over Parents and Their Children in Need of Care

(a) The Children's Court shall have jurisdiction over a minor upon a petition filed by the

Child Welfare Director or Assistant Child Welfare Director alleging that the minor is a minor

in need of care because of the existence of any of the conditions enumerated in Section

DMR.1.4.010 and Section DMR.1.5.010 of this ordinance.

(b) The Children's Court shall have jurisdiction over the parents of any minor over whom

the Children's Court has acquired jurisdiction under Section DMR.1.3.030(a), above.

of the Tribe but who may be a member of another tribe, the Court shall verify that notice

was given to such other tribe, and an opportunity to participate as a witness, to intervene as

a party, or to file a motion seeking transfer of proceedings to the other tribe's Court shall be

permitted. If a Child's Tribe objects to the jurisdiction of the Children's Court prior to the

entry of a final judgment in the case, the Court shall waive jurisdiction over the ineligible

child, except as provided in Section DMR.1.3.140 of this ordinance.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.030 was formerly codified as VII LCOTCL §1.303

DMR.1.3.040

Additional Jurisdiction

In addition to jurisdiction granted by other sections of this ordinance, the Children's

Court shall have jurisdiction to:

(a) Order a law enforcement officer, the Child Welfare Director, or the Assistant Child

Welfare Director to take a child into custody pursuant to Section DMR.1.1.040 of this

ordinance and conduct other emergency custody proceedings as provided for in Subchapter

DMR.1.4 of this ordinance.

(b) Terminate the parental rights of a parent of a child pursuant to Subchapter DMR.1.6

of this ordinance.

this ordinance.

DMR.1.3-

(d) Enter an order of adoption resetting the parental relations of a child pursuant to

Subchapter DMR.1.8 of this ordinance.

(e) Suspend the parental rights of a parent pursuant to Subchapter DMR.1.6 of this

ordinance.

(f) Enter an order of Customary Adoption resetting the parental relations of a child

pursuant to Subchapter DMR.1.8 of this ordinance.

(g) Conduct any other proceeding not contrary to express tribal law necessary to

exercise delegated and inherent authority held by the Tribe to protect a Child.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.040 was formerly codified as VII LCOTCL §1.304

DMR.1.3.050

Jurisdiction over Contributing Adults

In addition to jurisdiction granted by other sections of this ordinance, the Children's

Court shall have jurisdiction over persons eighteen (18) years or older alleged to have

contributed to, encouraged, or tended to cause, by act or omission, a condition of a child as

described in Section DMR.1.5.010 of this ordinance as follows:

(a) The Children's Court may make orders with respect to any person eighteen (18) years

or older who has contributed to, encouraged, or tended to cause, by any act or omission, a

child to be a child in need of care, whether or not the child is actually adjudicated a child in

need of care, if the natural and probable consequences of the act or failure to act would be

to cause the child to be a child in need of care.

(b) No order with respect to any person eighteen (18) years or older may be entered

until the person is given an opportunity to be heard upon the allegations against him or her.

Such person shall be served no less than ten (10) days prior to a hearing under this

subsection with written notice of the time, place, and purpose of the hearing. Any such

person who fails to comply with any order issued by the Children's Court under this

subsection may be proceeded against for contempt of court.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.050 was formerly codified as VII LCOTCL §1.305

DMR.1.3.060

Continuing Jurisdiction

The Children's Court shall have continuing jurisdiction, subject to Section DMR.1.4.040

and Section DMR.1.5.060(h) of this ordinance, over a child who is determined to be subject

to this ordinance and shall have the power to modify, extend, or dismiss previous orders,

DMR.1.3-

expunge the child's records, or consider petitions based on new evidence concerning the

child.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.060 was formerly codified as VII LCOTCL §1.306

DMR.1.3.070

Precedence over Family Court Orders

Whenever an order rendered under this ordinance conflicts with a custody, physical

placement, or other family Court order rendered by any Court, the order under this

ordinance shall take precedence. Nothing in this ordinance shall be construed to limit the

power of the Tribal Court to have jurisdiction over a child under other sections of the Lac

Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law or other law.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.070 was formerly codified as VII LCOTCL §1.307

DMR.1.3.080

Parties

(a) In the absence of a specific provision in this ordinance or a court order to the

contrary, all Affected Persons, as defined in Section DMR.1.2.010(a) of this ordinance, shall

be parties to a Children's Court proceeding held in the interest of a child. Out-of-home

placements will receive notices of all proceedings, but their appearances are not required.

After termination of parental rights, no parent whose rights have been terminated shall be

entitled to notice of any further proceedings regarding the child, except as the Children's

Court may deem appropriate.

(b) The Children's Court may, in any proceeding under this ordinance, appoint a

guardian ad litem to represent the interests of the child for purposes of the proceeding.

Appointment may be made upon request of any party or upon the Children's Court own

motion. The Children's Court may appoint only an attorney, lay advocate, or other adult

whom the Children's Court is satisfied is familiar with this ordinance and with the

procedures of the Children's Court and will sincerely and competently represent the child's

best interests. The fees and costs of the guardian ad litem shall be subject to the approval of

the Children's Court. The Children's Court may order an appropriate party to pay the

guardian ad litem fees and costs, or to reimburse the Tribe for such fees and costs.

Child Welfare Director shall represent the interests of the Tribe, which may be through a

designated child welfare worker of the Tribe's Indian Child Welfare Department. The Child

Welfare Director, Assistant Child Welfare Director, or their designated child welfare worker

DMR.1.3-

may be represented by the Tribal Prosecutor or other Tribal Attorney appointed by the Tribe

to represent its interests before the Children's Court.

(d) Any party to a proceeding under this ordinance may be represented by an attorney

or lay advocate at the party's expense, provided the attorney or lay advocate is admitted to

practice before the Tribal Court.

(e) Upon a showing of good cause, and if the best interests of the child so indicate, the

Children's Court may order, allow, or invite persons other than affected persons to

intervene and participate in any or all phases of the proceeding.

(Res. No. 2024-25; Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.080 was formerly codified as VII LCOTCL §1.308

DMR.1.3.090

Discovery

(a) Copies of all law enforcement reports, relevant to the proceeding under this

ordinance, including all officers' memoranda and witness statements, shall be made

available by the Tribal Prosecutor, the Child Welfare Director, or the Assistant Child Welfare

Director upon request of a party, counsel or the child's guardian ad litem prior to the initial

hearing in any matter.

(b) All records relating to a child which are relevant to a proceeding under this

ordinance, and which are in the possession of Indian Child Welfare Department, shall be

open to inspection by a guardian ad litem or counsel upon demand without release, unless

privileged, unless release is required by tribal or federal law, or unless the records contain

statements given under a promise of confidentiality or contain material the non-disclosure

of which is necessary to protect the interests of the child. If any records are not released to

a requesting party, the reason shall be given to the party, who may ask the Children's Court

to review the denial of the request, in which case the Children's Court may, in its discretion,

view the records in camera in order to decide whether to order the records released. Any

party not represented by counsel may have access to records upon order of the Children's

Court, which may be entered ex parte. Persons entitled to inspect records may obtain

copies of them at their expense upon permission of the custodian of the records or the

Children's Court. The Children's Court may require counsel or parties not to disclose

material contained in the records to any other person if the Children's Court reasonably

believes such disclosure would be harmful to the child.

statement of the child upon reasonable notice without release, unless privileged, unless

release is required by tribal or federal law, or unless the records contain statements given

under a promise of confidentiality or contain material the non-disclosure of which is

necessary to protect the interests of the child. If any videotaped oral statement of the child

DMR.1.3-

are not released to a requesting party, the reason shall be given to the party, who may ask

the Children's Court to review the denial of the request, in which case the Children's Court

may, in its discretion, view the videotaped oral statement of the child in camera in order to

decide whether to order the videotaped oral statement of the child released. Any party not

represented by counsel may have access to videotaped oral statement of the child upon

order of the Children's Court, which may be entered ex parte. Persons entitled to inspect

videotaped oral statement of the child may obtain copies of them at their expense upon

permission of the custodian of the videotaped oral statement or the Children's Court. The

Children's Court may require counsel or parties not to disclose material contained in the

videotaped oral statement to any other person if the Children's Court reasonably believes

such disclosure would be harmful to the child.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.090 was formerly codified as VII LCOTCL §1.309

DMR.1.3.100

Psychological and Other Examinations

The Children's Court may in any proceeding under this ordinance, order any child and

the child's parents, guardians, or custodians, to submit to a psychological, mental, or

developmental examination, or to a drug and alcohol abuse evaluation, if the Court

reasonably believes that any condition that may be illuminated by such an examination

would assist in the adjudication or disposition of the case. The costs to any affected person

of any such exam, if approved by the Children's Court, shall be paid by the Tribe, if the costs

are not covered by a third-party payer.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.100 was formerly codified as VII LCOTCL §1.310

DMR.1.3.110

Parental Contributions

(a) Whenever the Children's Court orders an out-of-home placement it shall make a

determination, or refer to an appropriate tribal or state agency for a determination, of any

parent's or guardian's ability to contribute to the support of the child while in such

placement, and shall order an appropriate reimbursement by the parent or guardian to the

agency financially supporting the out-of-home placement.

(b) Upon motion of the Child Welfare Director or Assistant Child Welfare Director, any

parent or guardian may be ordered to contribute to the costs of services rendered to any

DMR.1.3-

child or any child's parent under authority of this ordinance or any Court order entered

under this ordinance.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.110 was formerly codified as VII LCOTCL §1.311

DMR.1.3.120

Informal Disposition

(a) Upon referral of any child who is or may be a child in need of care under Section

DMR.1.5.010 of this ordinance, the Child Welfare Director or Assistant Child Welfare

Director may investigate the circumstances, counsel the child, discuss the situation with the

parents or guardians, arrange for services to be voluntarily accepted by the child or parents,

or institute any other informal, voluntary arrangements designed to further the best interest

of the child. At any time that the Child Welfare Director or Assistant Child Welfare Director

deems it appropriate, proceedings may be instituted under any other subchapter of this

ordinance.

(b) The Child Welfare Director or Assistant Child Welfare Director and affected parties,

including the child if twelve (12) years of age or older, may upon mutual consent petition

the Children's Court to institute peacemaking proceedings in any case where a child could

be subject to a petition under any other subchapter of this ordinance. Peacemaking shall

occur pursuant to the direction of the Children's Court under rules and procedures

established, formally or informally, by the peacemaker or peacemakers appointed by the

Tribal Court, provided that at any time that the Child Welfare Director or Assistant Child

Welfare Director deems it appropriate, proceedings may be instituted under any other

subchapter of this ordinance.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.120 was formerly codified as VII LCOTCL §1.312

DMR.1.3.130

Accelerated Proceedings

Notwithstanding any other provision of this ordinance, the Children's Court may, upon

proper notice or waiver of notice, accelerate and combine any of the hearings provided for

in pursuant to Subchapter DMR.1.4 [Emergency Custody Proceedings] or Subchapter

DMR.1.5 [Minor in Need of Care Proceedings] of this ordinance. The Children's Court may

require the accelerated preparation of any court reports required by either subchapter or

DMR.1.3-

may waive the reports, except that any report required as a prerequisite to an out-of-home

placement may not be waived.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.130 was formerly codified as VII LCOTCL §1.313

DMR.1.3.140

Ineligible Children

(a) Any child that does not fall within the definition of a "Child" pursuant to Section

DMR.1.2.010(h) of this ordinance, or whose tribe has objected to jurisdiction of the

Children's Court prior to the entry of a final judgment in the case under Section

DMR.1.3.030 of this ordinance, shall be subject to this ordinance only if the child is present

on the Reservation and only for the following purposes:

(1) Taking into custody for the purpose of protecting the ineligible child from

imminent physical or emotional harm;

(2) Making emergency placement necessary to protect the child;

(3) Referral or placement to an appropriate tribal, state, or other child welfare

agency.

(b) A report of the conditions requiring action under Section DMR.1.3.140(a) above,

shall be filed immediately with the Sawyer County Department of Social Services.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.140 was formerly codified as VII LCOTCL §1.314

DMR.1.3.150

Right of Access to Records

Any party deemed appropriate by the Children's Court, and the child who has reached

the age of eighteen (18) years and has been the subject of the termination of parental rights

proceeding, the separation of parental rights proceedings, adoption proceeding or a

customary adoption proceeding, has the right, to review all of the Court's files on these

matters subject to the redaction of names or the rights of confidentially as required by

Tribal or federal law.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.3.150 was formerly codified as VII LCOTCL §1.315

DMR.1.3-

Subchapter DMR.1.4

Emergency Custody Proceeding

Subchapter DMR.1.4

Emergency Custody Proceeding

DMR.1.4.010 Taking a Child into Emergency Custody. DMR.1.4-Error! Bookmark not defined.

DMR.1.4.020 Release from Emergency Custody ......... DMR.1.4-Error! Bookmark not defined.

DMR.1.4.030 Holding a Child in Emergency Custody .. DMR.1.4-Error! Bookmark not defined.

DMR.1.4.040 Hearings for Child in Emergency Custody ............ DMR.1.4-Error! Bookmark not

defined.

DMR.1.4.050 Prenatal Exposure................................. DMR.1.4-Error! Bookmark not defined.

DMR.1.4.010

Taking a Child into Emergency Custody

(a) Any law enforcement officer, the Child Welfare Director, Assistant Child Welfare

Director, or a designated child welfare worker may take a child into emergency custody

without a Children's Court order, under circumstances in which the officer, Director, or

Assistant Director reasonably believes:

(1) Failure to remove the Child may result in a substantial risk of death, serious

injury, or serious emotional harm;

(2) The child, or another child living or staying in the same household, is the victim

of or in immediate danger of physical, sexual, or emotional harm by other than

accidental means.

(3) The child, or another child living or staying in the same household, is deprived of

necessary custodial, medical, or other care for reasons other than poverty.

(4) The child is suffering from illness or injury or is in immediate danger from his or

her surroundings and removal from these surroundings is necessary.

(5) The child will cause injury or harm to self or another, or to the property of

another, or will be or has been subject to injury or harm by another, or another child

living or staying in the same household will be or has been subject to injury or harm by

another.

(6) The child is without a parent or guardian.

(7) The child is receiving inadequate care during the period of time a parent is

missing, incarcerated, hospitalized, or institutionalized.

DMR.1.4-

(8) The child has been abandoned by identified or unidentified parents, without

provision for necessary custodial, medical, and other care.

(9) The child's parent, guardian, or custodian, is unavailable, unwilling, or unable to

provide necessary supervision or care such that the child's safety or well-being, or the

safety or well-being of another child living or staying in the same household is at

imminent risk.

(10) The parent, guardian, or custodian is absent and it appears from the

circumstances, that the Child is unable to provide for his/her own basic necessities of

life, and no satisfactory arrangements have been made by the parent, guardian, or

custodian to provide for such necessities and no alternative arrangements, except

removal are available to protect the Child.

(11) The child's parent, court-appointed guardian, or custodian signs a statement

alleging that he or she is unable to provide necessary custodial care or make

appropriate provision for the child's special custodial, medical or other specified needs

after consultation with the Child Welfare Director or the Assistant Child Welfare

Director.

(12) The child has habitually run away from his or her parents, guardians, or

custodians.

(13) The child is habitually truant from home.

(14) The child will run away or be taken away so as to be unavailable for further

Children's Court proceedings.

(15) The child is under twelve (12) years of age and has violated tribal, state, or

federal law.

(16) The child has engaged in conduct prohibited to minors, or which would be

criminal if done by an adult, and whose parent or guardian fails, or has failed, or is

unable to correct or regulate such conduct.

(17) The child is suffering from alcohol or other drug abuse, for which the parent is

unwilling or unable to provide appropriate treatment.

(18) The child is sixty (60) days old or younger and has been treated for, or

diagnosed with, Neonatal Abstinence Syndrome by a doctor who is competent to treat

or diagnose that condition, or samples of blood, urine or meconium of the child or the

mother obtained during pregnancy or shortly after birth indicate the presence of

addictive illicit drugs or non-prescribed addictive prescription drugs after analysis using

current standards for drug screens.

DMR.1.4-

(19) Emergency custody of the child would be permitted under the law of the state

where the child is physically found at the time of the institution of emergency custody

procedures.

(b) A person who takes a child into emergency custody without a Children's Court order,

under the circumstances described in Section DMR.1.4.010(a) of this ordinance, shall make

reasonable efforts to provide immediate notice to the Children's Court which may be

accomplished through submission of an emergency custody form, and/or provide

immediate notice to the Child's Tribe if different from the Lac Courte Oreilles Band of Lake

Superior Chippewa Indians. Upon notification, the Children's Court shall schedule a hearing

pursuant to Section DMR.1.4.040 of this ordinance, and the Child Welfare Director or

Assistant Child Welfare Director shall file a petition with the Children's Court pursuant to

Subchapter 1.5 of this ordinance before or at the hearing scheduled pursuant to Section

DMR.1.4.040 of this ordinance.

immediately attempt to notify the parent, guardian or custodian by the most practical

means which may be accomplished through delivery of an emergency custody form, and

shall continue to reasonably make such attempts until notification is made. Any law

enforcement officer acting under this section shall also immediately attempt to notify the

Child Welfare Director or Assistant Child Welfare Director. If the child is physically

transferred to the Child Welfare Director or Assistant Child Welfare Director, the Director or

the Assistant Director shall thereafter continue notification attempts until notification is

made. The person notifying the parent, guardian, or custodian, need not inform such

person of the location of the child if the notifying person reasonably believes that providing

such information will imminently endanger the child.

(d) If the person taking a child into emergency custody, or the Child Welfare Director or

Assistant Child Welfare Director, believes the child to be in need of prompt medical

diagnosis or treatment that person or a designee shall deliver the child to a hospital or

physician, for that purpose, and may consent to the medical care of the child.

(e) The agency taking a child into emergency custody shall thereafter have the authority

to make all decisions regarding the care and well-being of the child until the child is released

from custody under Section DMR.1.4.020 of this ordinance, or by order of the court, unless

custody is transferred to the Child Welfare Director or Assistant Child Welfare Director, in

which case such authority shall transfer therewith. The agency taking a child into custody or

the Child Welfare Director or Assistant Child Welfare Director retains custody during any

DMR.1.4-

placement made under Section DMR.1.4.030 Section DMR.1.4.030(b) or Section

DMR.1.4.030(c) of this ordinance.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.4.010 was formerly codified as VII LCOTCL §1.401

DMR.1.4.020

Release from Emergency Custody

(a) Any child taken into emergency custody shall be released as soon as it is possible to

do so, while protecting the child from the conditions causing the taking into emergency

custody. If the grounds for emergency custody are corrected, the child may be returned to

the parent, guardian, or custodian by the person originally authorizing removal or by the

Child Welfare Director or Assistant Child Welfare Director.

(b) The person taking a child into custody, or the Child Welfare Director or Assistant

Child Welfare Director, shall attempt to immediately release the child to his or her parent,

guardian, or custodian, unless such release is inconsistent with the child's best interests, or,

if the parent, guardian, or custodian is unwilling or unable to receive such child, to a

responsible adult, with suitable counsel, advice, or warning, in which case the name and

address of the person to whom the child has been released shall be immediately given to

the parent, guardian, or custodian, unless there is reason to believe the release of such

information will imminently endanger the child or the person to whom the child has been

released. If the procedure given in Section DMR.1.4.030, Section DMR.1.4.040 and Section

DMR.1.5.030(a) of this ordinance are not followed, the child's parent, guardian or custodian

shall have a right upon court order to exercise custody and supervision over the child.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.4.020 was formerly codified as VII LCOTCL §1.402

DMR.1.4.030

Holding a Child in Emergency Custody

(a) A child may be held in emergency custody if the Child Welfare Director or Assistant

Child Welfare Director has probable cause to believe that any of the conditions enumerated

Section DMR.1.4.010(a) of this ordinance exists.

(b) No child shall be held in secure custody, as defined in Section DMR.1.2.010(x) of this

ordinance, unless the child consents to secure custody in order to protect him or her from

an imminent physical threat from another, or such secure custody is ordered by the

Children's Court.

(1) The home of a parent or guardian.

DMR.1.4-

(2) The home of a relative.

(3) The home of a custodian.

(4) The home of another responsible adult.

(5) A licensed foster home provided the placement does not violate the terms of the

license.

(6) A licensed group home provided the placement does not violate the terms of the

license.

(7) A nonsecure facility operated by a child welfare agency.

(8) A hospital or physician's office.

(9) A drug or alcohol treatment facility.

(d) The Child Welfare Director or Assistant Child Welfare Director shall immediately

notify the child's parent, guardian, or custodian that the child is in custody, the reasons for

the custody, and the location of the child unless there is reason to believe that such

information will present imminent danger to the child.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.4.030 was formerly codified as VII LCOTCL §1.403

DMR.1.4.040

Hearings for Child in Emergency Custody

(a) For any child who has been taken into custody and not released under Section

DMR.1.4.020 of this ordinance, a hearing shall be held to determine whether the criteria

exist under Section DMR.1.4.010 and Section DMR.1.4.030 of this ordinance to continue

holding the child in custody. The hearing shall be held as soon as practicable but no more

than ten (10) days after the child is taken into custody. A petition under Subchapter

DMR.1.5 of this ordinance shall be filed before or at the hearing. All reasonable steps shall

be taken to notify the child's parents, guardian, and custodian of the hearing. If the parent,

guardian, or custodian does not receive actual notice, he or she may later request a

rehearing by right if the child is still under the Court's jurisdiction or the issue is not

otherwise moot.

(b) If, within the time provided by Section DMR.1.4.040(a) above, no hearing is held, or

no petition is filed, the child shall be released from emergency custody, unless the Court or

magistrate finds either ex parte or at a post-deadline hearing that probable cause exists to

believe that the child is in imminent danger to self or another, or that the child's parent,

guardian, or custodian is unwilling or unable to provide adequate supervision and care, in

DMR.1.4-

which case one 48 hour extension may be granted during which time the child shall remain

in emergency custody pending the filing of a petition. Ex parte findings of probable cause

and findings of probable cause by a magistrate shall be reconsidered, and an opportunity to

present oral and written evidence and argument shall be provided, by right, if any affected

person requests reconsideration or hearing. Hearings under this subsection may be

conducted by telephone.

guardians, or legal custodians and, if the child is over twelve (12), all agree that the child

may remain in custody.

(d) A copy of the petition under this section and Subchapter DMR.1.5 of this ordinance

shall be given to the child's parent, guardian, or legal custodian, and to the child if twelve

(12) or older, as soon as practicable, and in no case later than the commencement of the

hearing.

(e) At the commencement of the hearing, the Children's Court shall advise the child, and

the parents, guardians, or custodians, of the allegations made, the possible consequences of

the hearing, the right to counsel at a party's own expense, the right to confront and crossexamine witnesses, and the right to present witnesses.

(f) If the Children's Court finds that one or more of the conditions enumerated in Section

DMR.1.4.010(a) of this ordinance exists, it may continue custody in any of the placements

enumerated in Section DMR.1.4.030(c) of this ordinance. The Children's Court may also

impose reasonable restrictions on the child's travel, association with other persons, or

places of abode, and may assign the child to the supervision of the Indian Child Welfare

Department. Reasonable restrictions may be placed upon the conduct of the parents,

guardians, custodians, or other responsible adults as necessary to secure the safety and

well-being of the child. Any order entered under this section shall be reduced to writing

within ten (10) days thereof.

(g) Any order under this section shall be subject to rehearing for good cause.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.4.040 was formerly codified as VII LCOTCL §1.404

DMR.1.4.050

Prenatal Exposure

There shall be a presumption that a child is in need of care if the child is diagnosed with

Neonatal Abstinence Syndrome by a doctor who is competent to make that diagnose, or

samples of blood, urine or meconium of the child or the mother obtained during pregnancy,

or shortly after birth, indicate the presence of addictive illicit drugs or non-prescribed

addictive prescription drugs after analysis using current standards for drug screens. That

DMR.1.4-

presumption can be overcome, by clear and convincing evidence, showing that the birth

mother made the following efforts to prevent harm to her unborn child during the

pregnancy:

(a) Only using addictive prescription medication as prescribed by a physician and

lowering doses of addictive medication during the pregnancy, as recommended by the

prescribing physician.

(b) Avoiding all illegal illicit drugs, and addictive prescription drugs without a

prescription, as shown through drug screens testing the mother's blood or urine throughout

the pregnancy.

(d) Obtaining all necessary and recommended prenatal care, including mental health

services if recommended by her health care provider(s).

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.4.050 was formerly codified as VII LCOTCL §1.405

DMR.1.4-

Subchapter DMR.1.5

Minor in Need of Care Proceedings

Subchapter DMR.1.5

Minor in Need of Care Proceedings

DMR.1.5.010 Jurisdiction ........................................... DMR.1.5-Error! Bookmark not defined.

DMR.1.5.020 Petition and Notice of Hearing .............. DMR.1.5-Error! Bookmark not defined.

DMR.1.5.030 Initial Hearing ....................................... DMR.1.5-Error! Bookmark not defined.

DMR.1.5.040 Plea Hearing ......................................... DMR.1.5-Error! Bookmark not defined.

DMR.1.5.050 Adjudicatory Hearing ............................ DMR.1.5-Error! Bookmark not defined.

DMR.1.5.060 Dispositional Hearing ............................ DMR.1.5-Error! Bookmark not defined.

DMR.1.5.070 Reviews, Extensions, and Modifications DMR.1.5-Error! Bookmark not defined.

DMR.1.5.080 Permanency Planning ........................... DMR.1.5-Error! Bookmark not defined.

DMR.1.5.010

Jurisdiction

The Children's Court shall have jurisdiction over a child upon a petition filed by the Child

Welfare Director or Assistant Child Welfare Director alleging that the child is a child in need

of care because of the existence of any of the following conditions:

(a) The child, or another child living or staying in the same household, is the victim of or

in danger of physical, sexual, or emotional harm by other than accidental means.

(b) The child, or another child living or staying in the same household, is or may be

deprived of necessary custodial, medical, or other care for reasons other than poverty.

surroundings and removal from these surroundings is necessary.

(d) The child will cause injury or harm to self or another, or to the property of another,

or will be or has been subject to injury or harm by another, or another child living or staying

in the same household will be or has been subject to injury or harm by another.

(e) The child is without a parent or guardian.

(f) The child is receiving inadequate care during the period of time a parent is missing,

incarcerated, hospitalized, or institutionalized.

(g) The child has been abandoned by identified or unidentified parents, unless provision

for necessary custodial, medical, and other care has been satisfactorily arranged and

maintained.

DMR.1.5-

(h) The child's parent, guardian, or custodian, is unavailable, unwilling, or unable to

provide necessary supervision or care such that the child's safety or well-being, or the safety

or well-being of another child living or staying in the same household is at imminent risk.

(i) The parent, guardian, or custodian is absent and it appears from the circumstances,

that the Child is unable to provide for his/her own basic necessities of life, and no

satisfactory arrangements have been made by the parent, guardian, or custodian to provide

for such necessities and no alternative arrangements, except removal are available to

protect the Child.

(j) The child's parent, court-appointed guardian, or custodian signs a statement alleging

that he or she is unable to provide necessary custodial care or make appropriate provision

for the child's special custodial, medical or other specified needs after consultation with the

Child Welfare Director or the Assistant Child Welfare Director.

(k) The child's parent has failed to maintain an appropriate parental role or has failed to

maintain significant contact with the child for a period of one year.

(l) The child has habitually run away from his or her parents, guardians, or custodians.

(m) The child is habitually truant from home.

(n) The child is habitually truant from school, and the school attendance officer attests

that the activities required under Chapter GNC.5 have been completed.

(o) The child will run away or be taken away so as to be unavailable for further

Children's Court proceedings.

(p) The child is under twelve (12) years of age and has violated tribal, state, or federal

law.

(q) The child has engaged in conduct prohibited to minors, or which would be criminal if

done by an adult, and whose parent or guardian fails, or has failed, or is unable to correct or

regulate such conduct.

(r) The child is suffering from alcohol or other drug abuse, for which the parent is

unwilling or unable to provide appropriate treatment.

(s) The child has not received immunizations as required by law.

(t) The child is a Prenatal Exposed Newborn, but only if the Child Welfare Director or the

Assistant Child Welfare Director files a petition alleging that the child is in need of care

within sixty (60) days of the child's birth.

DMR.1.5-

(u) The child has been placed for care or adoption in violation of law.

(v) The child would be a child in need of care, protection, or services under the law of

the state where the child is physically found.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.5.010 was formerly codified as VII LCOTCL §1.501

DMR.1.5.020

Petition and Notice of Hearing

(a) Any petition under this ordinance shall be filed with the Children's Court, shall be

made under oath, and shall include the following information if known: child's name, date of

birth, parents' names, child's parents' last known addresses, and the names and addresses

of all other affected persons. Any petition filed under this ordinance shall be signed under

oath by the Child Welfare Director or the Assistant Child Welfare Director.

(b) Any petition filed under this ordinance shall cite the specific subsection of Section

DMR.1.5.010 of this ordinance upon which the petitioner alleges jurisdiction, and shall

allege the specific facts upon which the petitioner asserts jurisdiction exists. No petition

shall be sufficient if it merely reiterates the language of the subsection invoked.

notice of the time, date, and place of the initial hearing, and shall instruct any affected

person that his or her rights and responsibilities may be affected by the Children's Court in

the course of the proceedings. Notice shall be served on all affected persons not later than

twenty-four (24) hours in advance of the hearing. Upon request of the petitioner or order of

a judge or magistrate, the clerk shall prepare a summons directing any parent with legal

custody of a child to appear in Court and to produce the subject minor in Court.

(d) No petition filed by the Child Welfare Director or the Assistant Child Welfare Director

shall be deemed insufficient on account of hearsay, provided that there is a sufficient

indication in the petition of the declarant's reliability.

(e) Each petition shall be filed with the clerk of court, with copies served, together with

the notice prepared by the clerk of court on all affected persons. The clerk of court serves

the parties on behalf of the petitioner.

(f) Petitions shall be served personally or by first class mail. In the case of a non-marital

child, the petition shall be served on any man whose paternity has been adjudicated, or who

has filed a declaration of paternal interest, or who is alleged in any paternity action to be

the father, except if the child was conceived as a result of sexual assault. In the event an

affected person who was not personally served does not appear at the initial hearing the

Children's Court may order a continuance and may order the person served personally or by

DMR.1.5-

certified mail, return receipt requested. The Children's Court may proceed in the absence of

an affected person if it appears that actual service cannot practicably be made. If an

individual claiming paternity appears, the Children's Court may make an interim disposition

pending a paternity determination based upon reasonable evidence where there are no

competing interests or may make any other orders fashioned to serve the best interest of

the child.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.5.020 was formerly codified as VII LCOTCL §1.502

DMR.1.5.030

Initial Hearing

(a) Upon filing of a petition, the Children's Court shall schedule an initial hearing. The

hearing shall be scheduled to be held within 30 days of the date of the petition if the child

has not been taken into custody. If the child has been taken into emergency custody

pursuant to Section DMR.1.4.010 of this ordinance, the hearing shall be held as soon as

practicable but no more than ten (10) days after the child was taken into custody. All

affected persons appearing at the initial hearing shall be served notice of subsequent

hearings, either orally in Court on the record, by first class mail or by personal service. The

Children's Court may order additional persons to be served.

(b) Any affected person has the right to be heard and to be represented at a hearing by

counsel at his or her own expense. The Children's Court may, on its own motion or that of

any party, appoint a guardian ad litem for any minor parent, guardian, or custodian of a

child subject of a petition.

informed of their rights as follows:

(1) The right to remain silent, although the silence may be considered adversely

against the party remaining silent.

(2) The right to confront and cross-examine witnesses.

(3) The right to an attorney or lay representative at the party's own expense.

(4) The right to subpoena and present witnesses.

(5) The right to have the allegations of the petition proven by clear and convincing

evidence.

(6) The right to demand for cause pursuant to Chapter TCT.2, or to request on any

other ground, a substitution of judge, which if not made before the close of the initial

hearing in the initial matter involving the subject minor, is deemed waived, and any

DMR.1.5-

request for substitution that Chapter TCT.2 does not require to be granted shall be

decided in the discretion of the judge.

(d) The child, if age twelve (12) or older, and the non-petitioning parties shall state

whether they intend to contest the allegations of the petition.

(e) The Children's Court shall set a date for a plea hearing no later than twenty (20) days

from the date of the initial hearing.

(f) If no party intends to contest the allegations of the petition, the Children's Court shall

set a date for a dispositional hearing no later than thirty (30) days from the date of the initial

hearing. If all parties consent, the Children's Court may proceed immediately with the

dispositional hearing.

(g) If the petition is contested, the Children's Court shall set a date for an adjudicatory

hearing no later than forty-five (45) days from the date of the initial hearing.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.5.030 was formerly codified as VII LCOTCL §1.503

DMR.1.5.040

Plea Hearing

(a) At the plea hearing, the Children's Court shall obtain the official positions of the

interested parties as to whether they contest to the allegations of the petition. If any of the

interested parties contest the petition, the matter shall be set for an adjudication hearing in

accordance with Section DMR.1.5.050 of this ordinance.

(b) The time limits imposed under this ordinance may be waived by all parties and

approved by the judge. The plea, adjudicatory, and dispositional hearings may be combined

upon approval of the judge and all interested parties.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.5.040 was formerly codified as VII LCOTCL §1.504

DMR.1.5.050

Adjudicatory Hearing

(a) At the adjudicatory hearing the Children's Court shall determine whether the subject

child is within the jurisdiction of the Court pursuant to the allegations of the petition as

shown by clear and convincing evidence. In the event jurisdiction is found, the Court shall

schedule a dispositional hearing no later than thirty (30) days from the date of the

adjudicatory hearing, unless such time limit is waived by all parties and approved by the

judge. If all parties consent, the Court may proceed immediately to the dispositional

hearing.

DMR.1.5-

(b) The Children's Court may order its jurisdiction over the child to extend for any period

of time through one year plus thirty (30) days from the date of a finding of jurisdiction.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.5.050 was formerly codified as VII LCOTCL §1.505

DMR.1.5.060

Dispositional Hearing

(a) At any stage of a proceeding under this ordinance the Children's Court may order a

temporary disposition for the child. Such an order may include any disposition authorized

by Section DMR.1.5.060(e), below.

(b) Upon entry of an adjudication order, the Children's Court shall determine the

disposition appropriate for the child. The Child Welfare Director or the Assistant Child

Welfare Director and the petitioning party if other than the Child Welfare Director or the

Assistant Child Welfare Director, shall submit reports to the Children's Court summarizing

the child's personal history, the circumstances leading to the petition, the resources

available and suitable to the child and family, the disposition recommended, and the

rationale for the disposition. The report shall specify how the disposition is related to the

circumstances leading to the petition and the role each affected person is expected to play

in the removal of such circumstances in the future. Any other party may submit such a

report. All such reports shall be filed with the Children's Court no later than four (4) days

prior to the dispositional hearing, unless all parties waive such time limit. The clerk shall

provide copies to the child's guardian ad litem (if any) and counsel for any party, or directly

to any party not represented by counsel, together with a notice requiring the recipient to

bring the copy of the report to the dispositional hearing, and prohibiting the recipient from

copying or allowing any copies of the report to be made. No additional copies shall be

made.

Court, and distribute as provided in Section DMR.1.5.060(b), above, a report enumerating

the attempts made to prevent an out-of-home placement, and a statement describing the

efforts that will be made to make it possible for the child to return home.

(d) In considering an appropriate disposition, the Children's Court may consider any or

all of the following factors:

(1) Special physical, intellectual, or emotional needs of the child.

(2) Social, cultural, or religious tradition of the child, the child's family, or the Tribe.

(3) Availability of resources within the child's extended family.

DMR.1.5-

(4) The child's preference, if the child is over 12 years of age, and the

recommendation of any guardian ad litem.

(5) The recommendation of the Child Welfare Director or the Assistant Child Welfare

Director or any person with an interest in the child.

(6) Recommendations of professionals experienced in services to children.

(7) Other factors calculated to meet the needs of the individual child and purposes

of this chapter.

(e) The Children's Court may order disposition in any or all of the following ways:

(1) Return the child to the custody of a parent, guardian, custodian, or other

responsible relative in the child's home, with supervision of the child by the Child

Welfare Director or the Assistant Child Welfare Director and subject to such limitations

and conditions in the conduct of the child and the parent, guardian, custodian, or other

responsible relative, as the Court may prescribe.

(2) Participation of the child and/or parent or custodian in a specified counseling,

treatment, or educational program, which may include use of traditional or culturally

appropriate services or activities.

(3) Restitution in any reasonable amount for acts of the child resulting in damage to

property or injury to any person or the Tribe.

(4) Community service appropriate to the needs or abilities of the child.

(5) Removal of the child from the home and/or placement with a member of the

child's extended family, a tribal member licensed foster home, a licensed Indian foster

home, an institution for children approved by the Tribe, or any other foster home,

subject to such limitations and conditions as the Children's Court may prescribe.

(6) Out-patient or inpatient alcohol, drug, or mental health treatment for specified

purposes for a specified period of time.

(7) Allow a child 16 years of age or older to live independently, either alone or with

friends or relatives, under such supervision or guardianship as the Children's Court

deems appropriate.

(8) Appoint a guardian for a child.

(9) Transfer jurisdiction to another Indian Tribe upon a showing that the child is

eligible for membership in that Tribe and has more significant contacts with that tribe

DMR.1.5-

than with the Lac Courte Oreilles Tribe, or upon a showing that the child is a ward of

another tribe or the subject of a proceeding in another tribal court.

(10) Recommend that termination or suspension of parental rights proceedings

begin.

(11) Visitation by parties or extended family members as appropriate.

(12) Authority to assign attributes of guardianship. Unless otherwise ordered by the

Children's Court, the parent or parents with legal custody of a child retain the right to

exercise all attributes of guardianship, subject to any foster parent's right to control the

day-to-day activities of the child, and to execute consents for daily school activities, not

including overnight activities. The Child Welfare Director or the Assistant Child Welfare

Director may be granted specific attributes of guardianship, including but not limited to,

the right to consent to medical treatment and educational services.

(13) Any other disposition calculated to provide for physical, mental, emotional, or

developmental needs of the child.

(f) A dispositional order may be in effect for no longer than one (1) year.

(g) When a child has been found to be in need of care under Section DMR.1.5.010(n)

[school truancy] or Section DMR.1.5.010(p) and Section DMR.1.5.010(q) [violation of state,

federal, or tribal law] of this ordinance, the Children's Court may in its discretion order

disclosure of such facts in the matter as it deems appropriate to the community or to the

victim, and may order the child to perform such activities for, with, or on behalf of the

community or victim, as appropriate, that may promote rehabilitation of the child or

reconciliation of the child with the community or victim.

(h) Any party to a proceeding under this chapter may seek and the Children's Court on

its own motion may direct the Child Welfare Director or the Assistant Child Welfare Director

to seek enforcement of any Court order in any other appropriate Court.

(i) The Children's Court on its own motion may waive, and any party to a proceeding

under this chapter may, by motion and for good cause shown, seek a waiver of, continuing

jurisdiction over a child and refer a case to any other Court having jurisdiction in such a case.

(j) In any out-of-home placement of a child, the Children's Court shall require testimony

and make findings that services designed to prevent the necessity of out-of-home

placement are appropriate and available and have been offered. The Court may, upon

request of the petitioning party, accept a report describing the services available and

offered in lieu of testimony.

DMR.1.5-

(k) In any out-of-home placement of a child, the Children's Court shall consider and

make findings that reasonable efforts were made to prevent out-of-home placement and

that continuance of the child in the child's home would be contrary to the child's welfare,

and shall further make findings on the availability or appropriateness of custodial care

within the child's extended family or with tribal members before ordering a placement in

any other home or facility.

(l) Whenever the Children's Court orders a child to be placed outside the home, the

Court shall orally inform the parents who appear in Court, and shall include in the written

order a statement, of any ground for termination or separation of parental rights under

Subchapter DMR.1.6 that may be applicable.

(m) Whenever the Children's Court orders a child to be placed outside the home, the

Children's Court shall order reasonable efforts, as appropriate, to be made to return the

child home.

(n) Whenever the Children's Court orders a child to be placed outside the home, the

Children's Court may make the referral described under Section DMR.1.3.120(b) of this

ordinance.

(o) Whenever the Children's Court orders a child placed outside the home, legal custody

of the child shall be retained by the parent or parents with legal custody unless the Court

specifically orders otherwise, subject to the conditions and limitations imposed by the terms

of the dispositional order.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.5.060 was formerly codified as VII LCOTCL §1.506

DMR.1.5.070

Reviews, Extensions, and Modifications

(a) A dispositional order shall be reviewed at the Children's Court's discretion, with a

goal of every three months but at least every six months.

(b) At any time in the last sixty (60) days of the period in which a dispositional order

issued by the Children's Court or issued by another Court and subsequently transferred to

the Children's Court is effective, the Child Welfare Director or the Assistant Child Welfare

Director may move for an extension of the Court's dispositional order. Such motion shall be

filed with the Children's Court. The Clerk of Court shall serve copies on all affected persons

who were parties to the original proceedings, the Child Welfare Director or the Assistant

Child Welfare Director, and the guardian ad litem, except that the Court may order

additional parties served. Service may be made by first class mail. The motion shall be filed

and served together with a notice of hearing on the motion no later than five (5) working

days before the hearing. Service may be made by first class mail. The hearing so noticed

DMR.1.5-

will be on the merits of the motion unless the Court otherwise orders. To assist the Court,

parties and guardian ad litem, the petitioning party must prepare, file and serve a court

report, similar to those called for in Section DMR.1.5.060(b) of this ordinance, and under the

same conditions as set forth in Section DMR.1.5.060(b) of this ordinance, along with the

petition and notice.

DMR.1.5.070(b) above, the Children's Court may make such temporary extension orders as

are necessary to preserve its jurisdiction and to protect the interests of the child pending a

full hearing on the extension motion.

(d) The scope of inquiry at the hearing on an extension is whether the conditions that

warranted the adjudication continue or whether new circumstances provide jurisdiction

pursuant to Section DMR.1.5.010 of this ordinance. If an extension is sought on the ground

of new circumstances, the circumstances justifying extended jurisdiction shall be alleged in

the petition.

(e) Upon motion by any person with an interest in the child who was a party to the

original proceedings or the Child Welfare Director or the Assistant Child Welfare Director,

the Children's Court may, for good cause shown, modify a dispositional order any time

during the effective period of the order sought to be modified. Such motion shall be filed

with the Children's Court. The Clerk of Court shall serve affected persons who were parties

to the original proceedings, the Child Welfare Director or the Assistant Child Welfare

Director, and any guardian ad litem, except that the Children's Court may order additional

parties served. Service may be made by first class mail. The motion shall be filed and

served together with a notice of hearing on the motion. The hearing so noticed will be on

the merits of the motion unless the Court otherwise orders. To assist the Court, parties and

guardian ad litem, the petitioning party must prepare, file and serve a court report, similar

to those called for in Section DMR.1.5.060(b) of this ordinance, and under the same

conditions as set forth in Section DMR.1.5.070(b) above, along with the motion.

(f) A motion to extend a dispositional order may include a motion to modify the order.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.5.070 was formerly codified as VII LCOTCL §1.507

DMR.1.5.080

Permanency Planning

(a) The Child Welfare Director or the Assistant Child Welfare Director shall prepare a

court report pursuant to Section DMR.1.5.060(b) of this ordinance including the

permanency planning requirements specified in Section DMR.1.5.080(b) below, in every

case where an out-of-home placement is ordered.

DMR.1.5-

(b) The permanency planning requirements of the court report prepared pursuant to

Section DMR.1.5.060(b) of this ordinance shall describe the following:

(1) The services offered to prevent out of home placement and to facilitate the

child's return to home.

(2) The basis for the decision to hold the child in custody or to place out of home.

(3) The current and future planned location and types of placement for the child.

(4) If the child is placed more than 60 miles from the child's home, include a

statement that a closer placement is either unavailable or inappropriate.

(5) The appropriateness of the services provided to meet the needs of the child and

the family, including a discussion of services that have been considered but are not

available, or not likely to become available, or are not being offered and why.

(6) The services that will be offered to carry out the dispositional order; to insure

proper care and treatment of the child and to promote stability in the placement; to

meet the child's physical, social, emotional, educational, and vocational needs; and to

facilitate return of the child to home or to obtain an alternative permanent placement.

(7) The conditions, if any, upon which the child will be returned to home, including

any changes required in the conduct of the parents or guardians, the conduct of the

child, or the nature of the home.

report prepared pursuant to Section DMR.1.5.060(b) of this ordinance with a goal of every

three months but at least every six months from the first date on which the child was held in

physical custody or was placed outside the home. No less than ten (10) days before the

review, the Clerk of Court shall notify in writing the parents or guardians, the child if over

twelve (12) years of age, the foster parents, the Child Welfare Director or the Assistant Child

Welfare Director, the tribal attorney, and the guardian ad litem of the date, time, and place

of the review, of the issues to be determined in the review, and that they may submit

written comments no less than five (5) days before the review. Upon receipt, the Clerk of

Court shall submit any comments submitted pursuant to this paragraph to the Child Welfare

Director or the Assistant Child Welfare Director, the Tribe's attorney and any guardian ad

litem.

(d) Within fifteen (15) days of the review of the permanency planning requirements, the

Child Welfare Director or the Assistant Child Welfare Director shall prepare a written report

of the determinations made under Section DMR.1.5.080(e) below, and shall provide a copy

to the Clerk of Court.

DMR.1.5-

(e) At the review of the permanency planning requirements the Children's Court shall

determine the following:

(1) The continuing necessity for and appropriateness of the placement.

(2) The extent of compliance with the plan by the Child Welfare Director or the

Assistant Child Welfare Director, other service providers, the child's parents or

guardians, and the child.

(3) The extent of efforts to involve other service providers to meet any special needs

of the child or family.

(4) The progress toward eliminating the causes for the out of home placement and

toward returning the child home or to another permanent placement.

(5) The date by which it is likely the child will be returned home, placed for

adoption, placed under legal guardianship, or otherwise permanently placed.

(6) Whether reasonable efforts have been made by the agency to make it possible

to return the child home.

(7) If the child has been placed out of home for two years or more, the

appropriateness of the permanency planning requirements of the court report prepared

pursuant to Section DMR.1.5.060(b) of this ordinance and the circumstances which

prevent the child from:

(A) Being returned home.

(B) Having a termination of parental rights petition filed.

(D) Being placed in sustaining care.

(f) Any party may move the Children's Court for any appropriate modifications in the

dispositional order based on the permanency planning requirements of the court report

prepared pursuant to Section DMR.1.5.060(b) of this ordinance.

(g) The permanency planning requirements of the court report prepared pursuant to

Section DMR.1.5.060(b) of this ordinance and reviews shall comply with all applicable

provisions of federal law and of any applicable 161 Agreement.

(h) In the case of a child who has been in foster care, which has been paid for from

funds provide under a 161 Agreement, for 15 of the most recent 22 months, or, if a Court of

competent jurisdiction has determined a child to be an abandoned infant (as defined under

DMR.1.5-

the Tribe's law) or has made a determination that the parent has committed murder of

another child of the parent, committed voluntary manslaughter of another child of the

parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or

such a voluntary manslaughter, or committed a felony assault that has resulted in serious

bodily injury to the child or to another child of the parent, the Child Welfare Director or the

Assistant Child Welfare Director shall file a petition to terminate the parental rights of the

child's parents unless

(1) The child is being cared for by a relative;

(2) The Child Welfare Director or the Assistant Child Welfare Director has

documented in the case plan (which shall be available for Children's Court review) a

compelling reason for determining that filing such a petition would not be in the best

interests of the child; or

(3) The Child Welfare Department or such other agency as is primarily responsible

for providing services to the child and the family has not provided to the family of the

child, consistent with the time period in the child's permanency plan, such services

necessary for the safe return of the child to the child's home, if reasonable efforts are

required by the court order or permanency planning requirements of the court report

prepared pursuant to Section DMR.1.5.060(b) of this ordinance.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.5.080 was formerly codified as VII LCOTCL §1.508

DMR.1.5-

Subchapter DMR.1.6

Termination or Suspension of Parental Rights

Subchapter DMR.1.6

Termination or Suspension of Parental Rights

DMR.1.6.010 Effect of Termination; Petition and Hearing Required ................ DMR.1.6-Error!

Bookmark not defined.

DMR.1.6.020 Grounds for Involuntary Termination.... DMR.1.6-Error! Bookmark not defined.

DMR.1.6.030 Method for Giving Consent to Voluntary Termination................ DMR.1.6-Error!

Bookmark not defined.

DMR.1.6.040 Petition for Voluntary or Involuntary Termination .... DMR.1.6-Error! Bookmark

not defined.

DMR.1.6.050 Summons ............................................. DMR.1.6-Error! Bookmark not defined.

DMR.1.6.060 Service of Summons and Petition.......... DMR.1.6-Error! Bookmark not defined.

DMR.1.6.070 Initial Hearing ....................................... DMR.1.6-Error! Bookmark not defined.

DMR.1.6.080 Fact Finding Hearing ............................. DMR.1.6-Error! Bookmark not defined.

DMR.1.6.090 Disposition ........................................... DMR.1.6-Error! Bookmark not defined.

DMR.1.6.100 Suspension of Parental Rights ............... DMR.1.6-Error! Bookmark not defined.

DMR.1.6.110 Petition for Suspension of Parental Rights .......... DMR.1.6-Error! Bookmark not

defined.

DMR.1.6.120 Notice of Hearing on Petition to Suspend Parental Rights .......... DMR.1.6-Error!

Bookmark not defined.

DMR.1.6.130 Hearing on Petition to Suspend Parental Rights .. DMR.1.6-Error! Bookmark not

defined.

DMR.1.6.010

Effect of Termination; Petition and Hearing Required

(a) Termination of parental rights means that, pursuant to court order, the legal

relationship of parent and child is permanently severed. The effect of a decree of

termination of parental rights is to permanently end the parent-child relationship, to

remove the parent from all rights and responsibilities with respect to the child, and to sever

all legal relationships, including all rights of intestate distribution and succession, custody,

control, and financial responsibility, but shall not affect other familial, religious, or tribal

relationships arising out of the natural parent-child relationship.

(b) Termination of parental rights may be ordered only in a proceeding where the

petition clearly states that the petitioner is seeking an order of termination of parental

rights, and where the mother and father have been summoned to appear before the

Children's Court. The parental rights of an unadjudicated or unacknowledged father may be

terminated after service of the summons and petition as provided in Section DMR.1.6.060

Section DMR.1.6.060(a) and Section DMR.1.6.060(b) of this ordinance on all persons named

DMR.1.6-

by the mother as the possible father or, in the case of an unknown father, after publication

of the notice as provided in section Section DMR.1.6.060(b) of this ordinance. If any

individual appears claiming paternity and contesting the termination of rights, the Court

shall establish paternity to its satisfaction before considering the termination of the

individual's parental rights. Where no individual appears claiming paternity and where

paternal parental rights are terminated by default, no such termination will be considered

conclusive with regard to the child's rights of membership in the Tribe.

relationship of parent and child is suspended as agreed by a biological parent. The effect of

a decree of separation of parental rights is to suspend the parent-child relationship, to

suspend the parent from all rights and responsibilities with respect to the child, and to

suspend all legal relationships, including all rights of intestate distribution and succession,

custody, control, and financial responsibility, but shall not affect other familial, religious, or

tribal relationships arising out of the natural parent-child relationship.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.010 was formerly codified as VII LCOTCL §1.601

DMR.1.6.020

Grounds for Involuntary Termination

Termination of parental rights may be ordered only in cases where the Children's Court

finds beyond a reasonable doubt that one or more of the following grounds exists:

(a) Abandonment.

(1) The child has been left without provision for care or support and without

reasonable expectation that a relative or other person would care for and support the

child, and the petitioner has investigated and cannot locate the parent.

(2) The child has been outside the care and custody of the parent and has been

accessible to the parent, for one year or more, and the parent has failed to visit,

support, or communicate with the child for a period of six months or longer. Incidental

contact and contact through other persons shall not prevent a finding of no visit or

communication.

(b) Failure to remedy condition.

(1) The child has been in out-of-home care for a period of three years and the

parent has failed to make substantial progress to remedy the circumstances

necessitating out-of-home care.

DMR.1.6-

(2) The child has been adjudicated a child in need of care and placed in out of home

care for a period of 18 months or more and the parent has failed to make substantial

efforts to remedy the circumstances supporting adjudication and the Children's Court

has admonished the parent at least six months prior to the filing of a termination

petition concerning the possible termination of parental rights under this subsection.

DMR.1.5.010 of this ordinance and the Court finds that the facts establishing jurisdiction

show a pattern of repeated or severe abuse.

(d) Continuing denial of periods of physical placement. The non-custodial parent has

been denied all periods of physical placement or visitation rights by a Court or Courts of

competent jurisdiction for a period of at least one year, the parent has been warned at least

ninety days prior to the filing of a petition that a petition would be filed, and there is no

currently pending action to modify the parent's physical placement or visitation rights in a

Court of competent jurisdiction.

(e) Failure to assume parental responsibility. The child is a non-marital child whose noncustodial parent has not subsequently adopted the child or married the child's custodial

parent and who has not established a substantial parental relationship with the child, as

defined in Section DMR.1.2.010(y) of this ordinance.

(f) Absent parent. A parent who has legal custody of a child pursuant to a judgment of

divorce or separation or paternity may file a petition to terminate the parental rights of an

absent parent if the petitioning parent has had physical placement of the child for at least

48 months prior to the filing of the petition, and if, for at least 48 months prior to the filing

of the petition, the other parent has been absent from the household where the child has

lived, has not had primary physical placement of the child, has failed to contribute to the

support of the child, and has not communicated or attempted to communicate with the

child or with the petitioning parent about the child. Incidental communications through

other persons shall not prevent a finding of no contact or communication.

(g) Other. The parent's parental rights could be terminated under the law of the state

where the child is physically found.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.020 was formerly codified as VII LCOTCL §1.602

DMR.1.6.030

Method for Giving Consent to Voluntary Termination

The Children's Court may terminate the parental rights of a parent who has given his or

her informed, voluntary consent by one of the methods provided in this section.

DMR.1.6-

(a) The parent appears personally at a hearing before the judge or magistrate and gives

his or her consent, the Children's Court explains the effect of a termination of parental

rights, and the Court has questioned the parent and found to its satisfaction that the

consent is informed and voluntary.

(b) If the personal appearance of the parent before the Children's Court would be

impossible or difficult, the Court may accept written consent executed by the parent before

an embassy or consular official, a military judge, or any judge of a Court of record of another

jurisdiction, and the consent is accompanied by the official's or judge's written findings that

the parent was questioned and that the consent is informed and voluntary.

have a guardian ad litem appointed for him or her by the Children's Court. The minor

parent's consent to terminate rights shall not be accepted unless joined by his or her

guardian ad litem. The consent of the guardian ad litem shall preclude later attack on the

validity of the consent on the grounds of incompetence or minority. The fees and the costs

of the guardian ad litem shall be subject to approval of the Children's Court. The guardian ad

litem, if an attorney, shall be compensated at the Wisconsin Judicare attorney

compensation rate, and if anyone other than an attorney, at the Wisconsin Judicare lay

advocate rate.

(d) No consent shall be valid unless it is given no fewer than thirty days after the birth of

the child to whom the parent's rights are to be terminated.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.030 was formerly codified as VII LCOTCL §1.603

DMR.1.6.040

Petition for Voluntary or Involuntary Termination

(a) A termination of parental rights, whether voluntary or involuntary, may only be

granted upon a petition as provided for in this section.

(b) A petition for termination of parental rights may only be filed by a child's parent, by

the Child Welfare Director or the Assistant Child Welfare Director.

forth the following facts:

(1) The name, birth date, and address of the child or children.

(2) The names, birth dates, and addresses of the child's parents, and the names and

addresses of any guardian or custodian. If any item is unavailable, the petition shall

state that the information could not be determined after a diligent search.

DMR.1.6-

(3) A statement that consent to termination of parental rights will be given as

provided by this subchapter, or a statement that consent will not be given, a statement

of the specific section and grounds for involuntary termination under this subchapter,

and a statement of facts which petitioner alleges establish the grounds.

(4) A history of all minor in need of care petitions filed regarding the child and a

summary of the custody and placement of the child since the filing of the first such

petition, or for the past 24 months, whichever is longer.

(d) The Children's Court, upon motion of any party, or upon its own motion, may

appoint a guardian ad litem for the child, and for any minor parent, in any proceedings for

termination.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.040 was formerly codified as VII LCOTCL §1.604

DMR.1.6.050

Summons

A summons shall be filed with the petition, and shall set forth the following:

(a) The name and birth date of the child.

(b) The nature, location, date, and time of the initial hearing.

expense.

(d) Advice that failure to respond or appear at the hearing may result in a termination of

the party's parental rights.

(e) Name of petitioner, and name, address, and phone number of petitioner's attorney

or lay representative, if any, or of the petitioner if unrepresented.

(f) Advice that parental rights may be terminated at the initial hearing if all who are

present so consent.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.050 was formerly codified as VII LCOTCL §1.605

DMR.1.6.060

Service of Summons and Petition

(a) The Clerk of Court shall cause the summons and petition to be served on the parent

or parents of the child; any person who may, based on statements of the person or the

mother, be the father of the child; the guardian, guardian ad litem, and custodian of the

DMR.1.6-

child, as applicable; and the child, if 12 years of age or older, except that no summons and

petition need be served on any person who may be the father of a child conceived as a

result of sexual assault.

(b) The summons and petition shall be served personally or by certified mail, return

receipt requested, with delivery restricted to the addressee, no less than 30 days prior to

the initial hearing. If personal service or service by mail cannot with reasonable diligence be

accomplished, service may be made by publication one time in a newspaper likely to give

notice to the party or upon the tribal website, together with mailing of the summons and

petition to the party's last known address. The published notice shall contain the following

information:

(1) The name of the party or parties to whom notice is given.

(2) The former address of the party or parties.

(3) The approximate date and place of conception of the child.

(4) The date and place of the birth of the child.

(5) The notice shall not include the name of the mother unless the mother consents.

The notice shall not include the name of the child unless the Court finds that inclusion is

essential to give effective notice to the father.

(6) Advice that the parental rights of any parent or alleged parent who fails to

appear may be terminated.

(7) Advice that any party has the right to representation by counsel at his or her

own expense.

person whose identity is unknown but may be the father of the child if such notice appears

unlikely to give the father effective notice.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.060 was formerly codified as VII LCOTCL §1.606

DMR.1.6.070

Initial Hearing

(a) An initial hearing shall be held on a petition to terminate parental rights. At the

hearing the Children's Court shall determine whether any party wishes to contest the

petition.

DMR.1.6-

(b) Any non-petitioning party may, upon request, be granted a continuance for the

purpose of consulting legal counsel.

who may be the child's father, have been notified. If the Court determines that an unknown

person may be the father of the child, the Court shall further determine whether

constructive notice will substantially increase the likelihood of actual notice to that person.

If the Court so determines, it shall adjourn the hearing and order such notice to be given. If

the Court determines that constructive notice will not substantially increase the likelihood

of actual notice, the Court shall order that the hearing proceed.

(d) At the initial hearing, the child and the parents, guardian or custodian shall be

informed of their rights as follows:

(1) The right to remain silent, although the silence may be considered adversely

against the party remaining silent.

(2) The right to confront and cross-examine witnesses.

(3) The right to counsel at the party's own expense.

(4) The right to subpoena and present witnesses.

(5) The right to have the allegations of the petition proven by clear and convincing

evidence.

(6) The right to demand for cause or pursuant to Chapter TCT.2, a substitution of

judge, which if not made before the close of the initial hearing is deemed waived.

(e) If the petition is contested, the Children's Court shall set a date for an adjudicatory

hearing no later than 45 days after the date of the initial hearing, unless all parties consent

to an immediate hearing, in which case the Court may immediately so proceed.

(f) If the petition is not contested, the Children's Court shall explain the effect of a

termination of parental rights and shall question the parents consenting to termination in

order to determine if such consent is informed and voluntary. The Court shall make findings

of fact on the record supporting its conclusions that consent is informed and voluntary

before proceeding further with a voluntary termination. The Court shall set a date for a

dispositional hearing no later than 45 days from the date of the initial hearing, unless all

DMR.1.6-

parties consent to an immediate hearing and the report required by Section DMR.1.6.090(a)

of this ordinance has been filed, in which case the Court may immediately so proceed.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.070 was formerly codified as VII LCOTCL §1.607

DMR.1.6.080

Fact Finding Hearing

At the fact finding hearing the Children's Court shall determine whether the facts

alleged in a petition that has been contested are true beyond a reasonable doubt. If the

Court so finds, it shall proceed immediately to a dispositional hearing unless all parties agree

to a delay or unless the report required in Section DMR.1.6.090(a) of this ordinance has not

been completed, in which case the Court shall set a hearing date no later than 30 days after

the fact-finding hearing.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.080 was formerly codified as VII LCOTCL §1.608

DMR.1.6.090

Disposition

(a) A court report must be prepared prior to all terminations of parental rights. If the

petition has been filed by the Child Welfare Director or the Assistant Child Welfare Director,

the Child Welfare Director or the Assistant Child Welfare Director shall prepare a report to

the court including a complete social, adjudicatory, and dispositional history of the child and

the parent, a statement of feasible alternative dispositions, if any, and a statement applying

the standards and factors contained in Section DMR.1.6.090(b), below. The report shall be

filed with the Court and served on the parties no fewer than 10 days before the

dispositional hearing. The report shall include a description of efforts made to prevent

removal of the child from the home and efforts made, if any, to return the child, and to

remedy the conditions resulting in the termination proceeding. If the report recommends

termination of both parents, or of the only living or known parent, the report shall include a

statement of the child's likelihood of adoption, listing factors that might prevent adoption

and factors that might facilitate it, and the interim plan and designated guardian

recommended pending adoption or, if adoption is unlikely a plan for the continued care,

custody, and guardianship of the child. The report shall also contain a medical and genetic

history of the child and birth parents on a form as provided by the Wisconsin Department of

Health and Social Services. If the petition has been filed by anyone other than the Child

Welfare Director or the Assistant Child Welfare Director, the petitioner shall request an

order of the Court appointing either the Child Welfare Director or the Assistant Child

Welfare Director or another child welfare agency to prepare a report, provided that the

expense of any such report prepared by any agency other than the Tribe's Child Welfare

Department shall be borne by the petitioner.

DMR.1.6-

(b) Court considerations. In making a decision about the appropriate disposition, the

Children's Court shall consider the standard and factors enumerated in this section.

(1) Standard. The best interests of the child shall be the prevailing factor considered

by the Children's Court in determining the disposition of all termination of parental

rights proceedings.

(2) Factors. In considering the best interests of the child under this subsection the

Children's Court shall consider but not be limited to the following:

(A) The age and health of the child, both at the time of the disposition and, if

applicable, at the time the child was removed from the home;

(B) The wishes of the child;

(D) Whether the child will be able to enter into a more stable and permanent

family relationship as a result of the termination, taking into account the conditions

of the child's current placement, the likelihood of future placements and the results

of prior placements.

dispositions. The Children's Court shall order either disposition listed below no later than

ten days after a hearing on disposition.

(d) Upon a finding that grounds exist for a termination of parental rights the Children's

Court shall order one of the following dispositions.

(1) The Court may dismiss the petition.

(2) The Children's Court may order the termination of parental rights of one or both

parents. If the rights of both parents or of the only living or known parent is terminated,

the Court shall transfer guardianship of the child to the Child Welfare Director or the

Assistant Child Welfare Director, the Wisconsin Department of Health and Social

Services, a relative of the child with whom the child resides if the relative has filed a

petition for adoption, or an individual who has been appointed guardian of the child by

a Court of competent jurisdiction. The Court may also transfer custody of the child to

one of the agencies listed above, or to a relative or other individual if the child has

resided in the home of that individual for a meaningful period of time prior to the

termination. The child may be placed with the guardian, with a relative, or foster home,

or, if sixteen or older, may be allowed to live independently alone or with friends or

relatives under such supervision as the Court deems appropriate.

DMR.1.6-

(3) Termination of parental rights shall not affect a child's tribal enrollment or

eligibility for tribal member benefits.

(4) Termination of parental rights shall not itself be grounds for prohibiting contact

with the child by other relatives, and an order permitting such contact may be entered

in the termination case, but any order permitting such contact shall be based on the

protection of the best interests of the child.

(5) The Children's Court shall inform any parent whose rights have been terminated

of the provisions of Wis. Stats. §§ 48.432 and 48.433 and of Section DMR.1.8.070(b) of

this ordinance, relating to medical and identifying information.

(6) Any parents whose rights have been terminated shall have a continuing duty to

inform the Children's Court of any information he or she receives regarding any medical

or genetic condition that may affect the health or longevity of the child or the child's

issue. The parent shall be informed of this duty by the Court.

(7) Any order under this subsection shall be reduced to writing and filed within

thirty (30) days of its rendition.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.090 was formerly codified as VII LCOTCL §1.609

DMR.1.6.100

Suspension of Parental Rights

The Children's Court may suspend the parental rights of a parent who has given his

and/or her informed, voluntary consent as provided in this subsection.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.100 was formerly codified as VII LCOTCL §1.610

DMR.1.6.110

Petition for Suspension of Parental Rights

(a) Any adult or agency possessing custody of a minor child may file a petition with the

Clerk of Court seeking an order for the suspension of the parental rights of child. The

petition shall begin with the caption, "In re the Suspension of Parental Rights of (names of

biological parents) to (name of child), born (birthdate of child)." The petition shall contain

the following information:

(1) The name, address, and telephone number of the child's tribe;

(2) The name, address, telephone number and age of the child's parent whose

parental rights are to be suspended;

DMR.1.6-

(3) The name, address, and telephone number of the petitioner and the petitioner's

relationship, if any, to the child;

(4) The name, address, and telephone number of any other relatives who may have

an interest in the care, custody, and control of the minor child;

(5) A statement as to why an order for suspension of parental rights of the parent is

in the best interest of the child and the child's tribe;

(6) A statement as to basis for the request of the suspension of parental rights,

supported by medical, psychiatric, child protection worker, family member and/or

psychological reports or testimony;

(7) A statement that no similar action is pending in a state or another tribal court

having jurisdiction over the child.

(b) The petitioner shall sign the petition in the presence of a notary public and shall

affirm under oath that the contents are true and correct except as to those matters based

upon belief and, as to those matters, the petitioner reasonably believes them to be true.

petitioner, on the Child Welfare Director or the Assistant Child Welfare Director, family

member, caretaker if any, and appropriate agencies of the Tribe which may have an interest

in the proceeding or be of assistance to the Court in adjudicating the matter. The petition

shall be served in the manner provided for in Chapter TCT.2.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.110 was formerly codified as VII LCOTCL §1.611

DMR.1.6.120

Notice of Hearing on Petition to Suspend Parental Rights

Upon the filing of a petition seeking an order for the suspension of parental rights, the

Clerk of Court shall schedule a hearing to be held thereon and shall cause written notice of

such hearing to be served upon the petitioner; the child's tribe; the child's parent(s); family

members; caretaker, if any; and appropriate agencies of the Tribe which may either have an

interest in the proceeding or be of assistance to the Children's Court in adjudicating this

matter. Such notice shall be served in the manner provided for in Chapter TCT.2. A Guardian

ad Litem may be appointed to assist the Court in determining the best interests of the child.

The petitioner(s) biological parents and Guardian ad Litem enjoy automatic party status.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.120 was formerly codified as VII LCOTCL §1.612

DMR.1.6-

DMR.1.6.130

Hearing on Petition to Suspend Parental Rights

(a) Attendance at Hearing.

(1) The biological parent(s) and petitioner shall be present at the hearing in person

or by telephone unless he or she has waived the right to appear in writing executed

before the Clerk of Court or a notary and filed with the Court, or unless the parent is

unable to attend by reason of a medical condition as evidenced by a written statement

from a licensed physician or other appropriate professional.

(2) The petitioner shall be present at the initial hearing. The petitioner's failure to

appear shall be grounds for dismissal of the petition.

(b) Conduct of the Hearing.

(1) The Court shall inform the parent(s) of their rights under this ordinance and of

the nature and consequences of the proceeding. In addition to any other rights offered

under the Indian Civil Rights Act, 25 U.S.C. § 1301-03 (1968), as amended, or

enumerated with the Lac Courte Oreilles Tribal Code of Law, petitioners, and other

parties have the following rights:

(A) A biological parent has the right to refuse services provided by any social

services agency; however, their refusal to accept services may have significant

impact on their ability to have contact with their children.

(B) The parties have the right to have reasonable notice and to attend any

hearing arising out of the filing of a petition for suspension of parental rights

pursuant to this subchapter. The biological parents and the petitioner have the right

to be represented by council at their own expense at all proceedings.

(D) The biological parents and the petitioner have the right to seek independent

medical, psychological or psychiatric evaluation of the child at their own expense.

(2) The Court shall inform all other parties of their right under the Lac Courte

Oreilles Tribal Code of Law pursuant to the Indian Civil Rights Act, 25 U.S.C. § 1301-03

(1968), as amended, including the right to summon and cross-examine witnesses.

(3) The Court shall hear evidence on the matter, if the Court determines that the

biological parent(s) have given, his, her, or their informed and voluntary consent to the

suspension of parental rights.

(4) The rules of evidence of Chapter TCT.4 shall apply.

DMR.1.6-

(5) The burden of proving the allegation of the petition shall be upon the petitioner

and the standard of proof shall be clear and convincing evidence. There shall be a legal

presumption of parent's ability to parent until proven otherwise.

(6) The Children's Court may continue the hearing, upon a showing of good cause, at

the request of any party to the proceeding and enter such temporary orders, if any, as

may be deemed just and reasonable to carry out the purposes of this subchapter.

(1) In all cases, the Children's Court shall make specific written findings of fact, state

separately its conclusions of law, and enter an appropriate judgment or order.

(2) The Children's Court may make findings that it is in the child's best interest that a

final order suspending the parental rights be entered and the Court shall specify the

basis of those findings.

(3) The Children's Court shall complete the final hearing within forty-five (45) days

of the initial hearing.

(d) Final Order on Petition to Suspend Parental Rights.

(1) If the Court determines that it is in the best interests of the child and the child's

tribe, it shall issue a final order for a suspension of parental rights. Such an order for the

suspension of parental rights may include, but is not limited to the following:

(A) A suspension of the parental rights of the parent, including the suspension of

the right to the care, custody, and control of the minor child and allowing the child

to be adopted;

(B) A suspension of the right of the parent to have contact with the minor child

including contact in person, by mail, by telephone or through third parties or the

order may allow for a contact agreement agreed upon by the parties to be ordered

by the Court;

parent, the child's adoptive parent and/or the social services agency or agencies

possessing information regarding the minor child, or by an agreement;

(D) Ordering that the biological parents' obligation to pay child support, except

for arrearages, is hereby terminated.

(E) Ordering that any prior court order for custody, visitation, or contact with

the minor child is hereby terminated; and

DMR.1.6-

(F) Ordering that the parent shall have no standing to appear at any future legal

proceedings involving the child.

(2) The suspension of parental rights does not sever or affect in any way a child's

relationship to his/her Tribe or any rights of inheritance from the biological parent(s). A

suspension of parental rights does not require a change on the child's birth certificate.

(3) The final order shall contain a statement regarding why it is in the best interests

of the child and the child's tribe to enter this order.

(4) Copies of any order for the suspension of parental rights shall be served upon

the parent and the agency or agencies having legal custody of the child and any other

parties as directed by the Children's Court.

(5) Final orders for the suspension of parental rights may be reviewed by the

Children's Court at the request of the biological parent, the agency or agencies

possessing custody of the child only if one of the following occurs: if there is no final

dispositional order based on the permanency planning requirements of the court report

prepared pursuant to Section DMR.1.5.060(b) of this ordinance, in effect after a period

of one (1) year after the entry of the final order suspending parental rights; the adoption

of the child fails; the adoptive parent is deceased; or if the adoptive parent(s) joins in

the biological parents request for review. Notice of this review shall be provided to all

parties to the hearing at which the final suspension of parental rights order was issued.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.6.130 was formerly codified as VII LCOTCL §1.613

DMR.1.6-

Subchapter DMR.1.7

Guardianship

Subchapter DMR.1.7

Guardianship

DMR.1.7.010 Petition for Guardianship...................... DMR.1.7-Error! Bookmark not defined.

DMR.1.7.020 Notice of Hearing ................................. DMR.1.7-Error! Bookmark not defined.

DMR.1.7.030 Service of Notice of Hearing and Petition ............ DMR.1.7-Error! Bookmark not

defined.

DMR.1.7.040 Guardianship Hearing ........................... DMR.1.7-Error! Bookmark not defined.

DMR.1.7.050 Appointment of Guardian ..................... DMR.1.7-Error! Bookmark not defined.

DMR.1.7.060 Termination or Change of GuardianshipDMR.1.7-Error! Bookmark not defined.

DMR.1.7.070 Voluntary Consent to Exercise Custodial Rights... DMR.1.7-Error! Bookmark not

defined.

DMR.1.7.010

Petition for Guardianship

(a) Upon petition by any person with a legitimate interest in the welfare of the child,

including persons with an interest in the child, including persons with an interest as defined

in Section DMR.1.2.010(u) of this ordinance, the Children's Court may appoint a guardian

for a child who is without both parents or whose parents are unable to care for the child.

Except when the petitioner is a person with an interest in the child as defined in Section

DMR.1.2.010(u) of this ordinance, the decision to allow a person to petition for the

appointment of a guardian shall be in the Court's discretion. The Court may impose any

restriction or limitation on the powers of a guardian, or condition its appointment on the

guardian's performance of specified duties, not inconsistent with this subchapter, it finds

will help protect the child's interest.

(b) The Children's Court may appoint a guardian of the child to exercise custody and the

power to make daily and major decisions of importance to the child's health, education,

support, and welfare, regarding any child as who has no living parent or whose parents are

unavailable for reason of incarceration or commitment or otherwise unable to care for the

child. Such a guardian shall be known as a "guardian of the child." A guardian of the child

may not manage the financial interests of the child but may act as custodian with regard to

ordinary property in the child's possession.

assets, income, and financial interests of any child who has no living parent or whose

parents are unavailable for reason of incarceration or commitment or otherwise unable to

care for the child. Such a guardian shall be known as a "guardian of the child's estate." A

DMR.1.7-

guardian of the child may be appointed guardian of the child's estate or separate guardians

may be appointed.

(d) A petition for guardianship shall state:

(1) The name, residence, address, post office address, and date of birth of the

proposed ward, the petitioner, and of the proposed guardian or guardians.

(2) The reason guardianship is sought.

(3) Whether temporary or permanent guardianship is sought.

(4) Whether a guardian of the child or a guardian of the child's estate or both is

sought.

(5) The income and assets of the proposed ward.

(6) Whether any guardian of the proposed ward now exists.

(7) A statement as to how the child has become, or will become, eligible for

guardianship.

(e) Upon receiving for filing a petition for guardianship, the Children's Court may

appoint a guardian ad litem for the proposed ward.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.7.010 was formerly codified as VII LCOTCL §1.701

DMR.1.7.020

Notice of Hearing

The notice of hearing shall state the time, date, and place of hearing on the petition, the

names of the proposed ward and guardian, and the name, address and telephone number

of the petitioner and the petitioner's attorney, if any.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.7.020 was formerly codified as VII LCOTCL §1.702

DMR.1.7.030

Service of Notice of Hearing and Petition

(a) The notice of hearing and petition shall be served by the petitioner upon any parent

of the proposed ward, any current guardian or custodian of the proposed ward, the Child

Welfare Director or the Assistant Child Welfare Director, and the guardian ad litem, if any.

The Clerk of Court may serve the summons and petition on behalf of the petitioner. The

Child Welfare Director or the Assistant Child Welfare Director is not required to appear in a

DMR.1.7-

guardianship case under this subchapter, but at the director's discretion may appear and

participate as a party.

(b) The notice of hearing and petition shall be served personally or by first class mail, no

less than ten days prior to the hearing. If personal service or service by mail cannot with

reasonable diligence be accomplished, service may be made by publication in a newspaper

likely to give notice to the party or upon the tribal website, together with mailing of the

summons and petition to the party's last known address. The published notice shall contain

the following information:

(1) The name of the party or parties to whom notice is given.

(2) The former address of the party or parties.

(3) The approximate date and place of conception of the child.

(4) The date and place of the birth of the child.

(5) The notice shall not include the name of the child, petitioner, or parents, or

proposed guardian.

(6) Advice that a guardian of the child or of the child's estate may be ordered at the

hearing.

(7) Advice that any party has the right to representation by counsel at his or her

own expense.

constructive notice to any person if such notice appears unlikely to give effective notice.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.7.030 was formerly codified as VII LCOTCL §1.703

DMR.1.7.040

Guardianship Hearing

(a) At the hearing on the petition the Children's Court shall hear the petitioner's

evidence and the evidence offered by any other party. If the Court is satisfied by clear and

convincing evidence that the appointment of a guardian is in the best interests of the child

the Court shall appoint a guardian who by a preponderance of the evidence appears most

suitable.

DMR.1.7-

(b) In lieu of a hearing, all parties may enter into a written stipulation allowing the

Children's Court to appoint a guardian under this subchapter.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.7.040 was formerly codified as VII LCOTCL §1.704

DMR.1.7.050

Appointment of Guardian

(a) The Children's Court may appoint a guardian of the child, a guardian of the estate, or

both, as requested in the petition. The guardianship so established may be temporary or

permanent, as requested in the petition.

(b) The Children's Court may impose restrictions or limitations on the powers of a

guardian, and may condition the appointment on the guardian's performance of specified

duties.

by the Court, on the care and status of the child, and a guardian of the estate of a child shall

report annually to the Court, on forms provided by the Court, on the income, assets,

expenses, and debts of the child. The order appointing guardian shall fix a date or dates for

the filing of such reports.

(d) The Children's Court may require the guardian of a child's estate to post a bond, and

may impose other conditions to protect the child's interests.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.7.050 was formerly codified as VII LCOTCL §1.705

DMR.1.7.060

Termination or Change of Guardianship

(a) A guardianship may be altered or terminated, or a new guardian appointed, by the

same procedures as established by this subchapter for the appointment of a guardian.

(b) Any guardianship created under this subchapter shall terminate upon its terms but in

no event later than upon the ward's eighteenth birthday.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.7.060 was formerly codified as VII LCOTCL §1.706

DMR.1.7.070

Voluntary Consent to Exercise Custodial Rights

The parent or parents with legal custody of a child may enter into a voluntary

agreement with an adult or adults transferring the rights of custody to the child to the

DMR.1.7-

designated adult or adults. The parties may present the agreement to the Children's Court

for approval, and if approved the agreement may not be revoked by any party except with

the consent of the other party or parties, or pursuant to the terms of the agreement, or with

Court approval. Such an agreement, whether or not approved by the Children's Court, does

not affect the rights of any person who is not a party to the agreement.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.7.070 was formerly codified as VII LCOTCL §1.707

DMR.1.7-

Subchapter DMR.1.8

Adoption and Customary Adoption

Subchapter DMR.1.8

Adoption and Customary Adoption

DMR.1.8.010 Effect of Adoption and Customary Adoption; Who May Adopt and Be Adopted

.................................................................................. DMR.1.8-Error! Bookmark not defined.

DMR.1.8.020 Petition ................................................ DMR.1.8-Error! Bookmark not defined.

DMR.1.8.030 Service of Petition and Notice of Hearing ............ DMR.1.8-Error! Bookmark not

defined.

DMR.1.8.040 Investigation and Report ...................... DMR.1.8-Error! Bookmark not defined.

DMR.1.8.050 Hearing on the Petition; Order.............. DMR.1.8-Error! Bookmark not defined.

DMR.1.8.060 Customary Adoption............................. DMR.1.8-Error! Bookmark not defined.

DMR.1.8.070 Visitation Rights.................................... DMR.1.8-Error! Bookmark not defined.

DMR.1.8.080 Records ................................................ DMR.1.8-Error! Bookmark not defined.

DMR.1.8.090 Agreements Between Birth Mothers and Adoptive Parents ....... DMR.1.8-Error!

Bookmark not defined.

DMR.1.8.010

Adopted

Effect of Adoption and Customary Adoption; Who May Adopt and Be

(a) Upon entry of the order of adoption (including customary adoption), the relation of

parent and child together with all the rights, duties, and other legal consequences of the

natural relation of parent and child exist between the adoptive parents and adopted child.

(b) Adoption (including customary adoption) shall not affect the child's enrollment

status as a member of any tribe.

(including customary adoption), provided that all parental rights have been severed by Court

action or the death of the parent.

(d) The following are eligible to adopt (including customary adoption) a child:

(1) A married couple jointly who are both adults, or either if the other spouse is a

parent of the child to be adopted,

(2) An unmarried or legally separated person who is at least 21 years of age,

(3) The child's natural father, if for any reason the father's paternity is not otherwise

recognized.

DMR.1.8-

(4) Two unmarried persons co-habitating for a substantial period of time as a

married couple.

(5) An adult for purposes of a customary adoption.

(e) The consent of the following, given in Court before the judge or magistrate, unless

good cause is shown for some alternate method of consent, are required for adoption

(including customary adoption):

(1) The child if twelve (12) years or older, unless the Children's Court determines

that the child is incapable of giving consent, and

(2) The parent or parents if living, including the adjudicated or acknowledged father

of a non-marital child, unless parental rights have been terminated or suspended.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.8.010 was formerly codified as VII LCOTCL §1.801

DMR.1.8.020

Petition

(a) A petition for adoption (including customary adoption) pursuant to this subchapter

may be filed at any time if:

(1) The child is the extended family as Section DMR.1.2.010(o) of this ordinance, of

one of the petitioners, or

(2) The child is placed, by an order of the Court, with one of the petitioners.

(3) The petitioner is seeking customary adoption of the child.

(b) Except as provided under Section DMR.1.8.020(a) above, no petition for adoption

may be filed unless the child has been living in the home of the petitioner for more than six

(6) months.

(1) The name(s), age(s), and address of the petitioner(s) and his or her relationship

to the child, and a statement of the petitioner(s) eligibility to adopt.

(2) The name, address, and date of birth, or expected date of birth, of the child to be

adopted, and the tribe in which the child is, or is expected to be, a member.

(3) The name, address, and age of the birth parents.

DMR.1.8-

(4) The identity of all persons or agencies which solicited, negotiated, or arranged

for the adoption on behalf of any party.

(5) A report of all transfers of anything of value made or agreed to be made by the

proposed adoptive parents or on their behalf in connection with the birth of the child,

the placement of the child with the proposed adoptive parents, the medical or hospital

care received by the child or by the child's mother in connection with the birth of the

child and any other expenses, including the estimated legal expenses, of either the

child's parent or the proposed adoptive parents, including a copy of any written

agreement between the birth parent and adoptive parent. The report shall be itemized

and shall show the services relating to the adoption or to the placement of the child for

adoption which were received by the proposed adoptive parents, by either parent, by

any other person to whom payment was made by or on behalf of the proposed adoptive

parents. The report shall also include the dates of each payment, the names and

addresses of each attorney, doctor, hospital, agency or other person or organization

receiving any funds from the proposed adoptive parents in connection with the

adoption or the placement of the child with them.

(6) A statement of the tribal membership, if any, and domicile of each of the birth

parents and each of proposed adoptive parents.

(7) A statement as to how the child has become, or will become, eligible for

adoption (including customary adoption). If the birth parents' parental rights are not

terminated or suspended, a statement must be included that a petition for separation of

parental rights has been filed and that consent will be given. If rights have been

terminated or suspended, a certified copy of the court order terminating or suspending

the rights shall be attached to the petition. If a child is eligible for adoption (including

customary adoption) because one or both parents are deceased, a certified copy of the

death certificate(s) shall be attached to the petition.

(8) A request for the issuance of an order of adoption (including customary

adoption).

(9) The proposed name of the adoptee after the entry of the final order of adoption

(including customary adoption).

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.8.020 was formerly codified as VII LCOTCL §1.802

DMR.1.8.030

Service of Petition and Notice of Hearing

(a) The petitioner shall cause the petition and notice of the hearing provided for in

Section DMR.1.8.050 of this ordinance to be served on the Child Welfare Director or the

DMR.1.8-

Assistant Child Welfare Director and the child, if twelve (12) years of age or older. The Clerk

of Court may serve the parties on behalf of the petitioner.

(b) The notice of hearing and petition shall be served personally or by first class mail.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.8.030 was formerly codified as VII LCOTCL §1.803

DMR.1.8.040

Investigation and Report

(a) Upon filing of the petition, the Child Welfare Director or the Assistant Child Welfare

Director, or another child welfare agency as ordered by the Children's Court, shall perform

an investigation as to the suitability of the petitioner as the child's adoptive parent. The

report shall include a history of the child, including his or her mental and physical health and

family background; the mental, physical, and financial condition of the petitioners, and any

other factors useful in determining their fitness as parents and the suitability of their home

as a home for the child; and any other circumstances and conditions which may have a

bearing on the adoption and of which the Court should have knowledge. The report shall

include the blood quantum's of both birth parents, if known. The enrollment office will

cooperate with the Child Welfare Director or the Assistant Child Welfare Director in

preparing this information for inclusion in the report. The Child Welfare Director or the

Assistant Child Welfare Director shall complete the report and file it with the Court,

providing a copy to the petitioner no less than ten days before the hearing provided for in

Section DMR.1.8.050 of this ordinance. The report shall contain a definite recommendation

for or against the adoption and shall state the reasons therefore. If the report is unfavorable

or discloses a situation which in the Court's opinion raises a serious question as to the

suitability of the proposed adoption, the Court may appoint a guardian ad litem for the child

who shall make an independent recommendation. The Court may order the petitioner or

adoptive parent to pay the costs of the investigation and report, and of the guardian ad

litem.

(b) In the case of a step-parent adoption, the investigation and report shall be limited to

one interview with the petitioner and a review of locally available public records, unless the

agency performing the evaluation requests a specific court order permitting further

investigation.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.8.040 was formerly codified as VII LCOTCL §1.804

DMR.1.8-

DMR.1.8.050

Hearing on the Petition; Order

(a) Upon receipt of a petition, the Clerk of Court shall set a date for hearing no more

than 120 days from the filing of the petition.

(b) At the hearing, the presence of the petitioners and the child, if the child is twelve

(12) years of age or older, shall be required unless the court orders otherwise. The

Children's Court shall determine from the Child Welfare Director or the Assistant Child

Welfare Director's report and any evidence presented by the petitioners or other parties

whether the petitioners are suitable adoptive parents. The Court may question the child

concerning his feelings about the adoption, and ascertain if the child's consent, when

required, is voluntary. If the Court determines that granting the petition is in the child's best

interest, it shall so order.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.8.050 was formerly codified as VII LCOTCL §1.805

DMR.1.8.060

Customary Adoption

(a) Guiding Philosophy for Customary Adoption.

(1) It is the fundamental belief of the Tribe that its children are the sacred

responsibility of the Tribe.

(2) One of the Tribe's basic inherent sovereign rights is the right to make decisions

regarding the best interest of its children including who should provide for the care,

custody and control of its children. This section is intended to assure a safe, stable,

nurturing, and permanent environment for the Tribe's children and to provide for the

protection of our children, our people, and our way of life.

(3) The principles that shall guide decisions pursuant to this ordinance are: the

protection of the child's safety, well-being and welfare and their sense of belonging;

preservation of the child's identity as a tribal member and member of an extended

family; preservation of the culture, religion, language, values, clan system, and

relationships of the Tribe.

(4) As an exercise of its inherent sovereignty the Tribe has the authority and

jurisdiction to formally delegate the authority of its Children's Court to adjudicate its

own customary practices regarding child rearing and child custody.

(b) Purpose of Customary Adoption. Customary adoption shall be liberally construed as

an exercise of the inherent sovereign authority of the Tribe to fulfill the following express

purposes:

DMR.1.8-

(1) To embody and protect the basic traditional values of the Tribe regarding the

protection and care of the Tribe's children. The Tribe believes that it is the responsibility

of the Tribe, the tribal communities and extended families to protect, care for, and

nurture our children.

(2) To promote the belief of the Tribe that children deserve a sense of permanency

and belonging throughout their lives and at the same time they deserve to have

knowledge about their unique cultural heritage including their tribal customs, history,

language, religion, and values.

(3) To provide for the best interests of the Tribe, tribal communities and the Tribe's

children.

(4) To afford judicial processes which allow for formal adjudications that address the

issues of rights, responsibilities, care, custody and control of minor children when the

biological parents are unable or unwilling to provide for a safe, stable nurturing and

permanent environment for their children by conferring jurisdiction upon the Children's

Court to hear and adjudicate such matters.

(1) A petition for customary adoption pursuant to this subchapter may be filed by

any adult seeking the customary adoption of a minor child whose parents' parental

rights have been terminated or suspended. The petition shall including the following

information in addition to the adoption petition information required pursuant Section

DMR.1.8.020(c) of this ordinance:

(A) A statement as to why a final order for customary adoption is in the best

interests of the child and the best interests of the child's tribe.

(B) A statement as to the basis for the customary adoption supported by a home

study required pursuant Section DMR.1.8.040(a) of this ordinance, ceremonial

leader, traditional elder, medical doctor, psychiatric doctor, child protection worker,

family member, and/or psychological reports or testimony.

having jurisdiction over the child.

(d) Notice of Hearing on Petition for Customary Adoption. The customary adoption

petition and notice of the hearing shall be served in the manner required pursuant to

Section DMR.1.8.030 of this ordinance. In addition, the customary adoption petition and

notice of the hearing shall also be served upon the child's tribe, appropriate family

members, if any; caretaker, if any; and appropriate agencies of the Tribe which may have an

DMR.1.8-

interest in the proceeding or be of assistance to the Court in adjudicating the matter. The

Clerk of Court may serve the parties on behalf of the petitioner.

(e) Hearing on Petition for Customary Adoption. The hearing on the customary adoption

petition shall be conducted in the manner required pursuant to Section DMR.1.8.050 of this

ordinance.

(f) Final Order for Customary Adoption. If the Children's Court determines that it is in

the best interests of the child and the child's Tribe, it shall issue a final order for a customary

adoption in the manner required pursuant to Section DMR.1.8.050(b) of this ordinance.

Such an order may include, but is not limited, to the following:

(1) A statement that the child has been adopted by the petitioner(s) and that the

parent-child bond is hereby established and that all rights and responsibilities of that

relationship shall exist upon the entry of such a final order.

(g) Certification of a Customary Adoption.

(1) A customary adoption, conducted in a manner consistent with this section is a

long established, continued, reasonable process and considered by the Children's Court

as having the same effect as an adoption order issued by this Court so long as it is in the

best interests of the child and the child's Tribe.

(2) A decree certifying a customary adoption has the same effect as a decree or final

order of customary adoption issued by this Court.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.8.060 was formerly codified as VII LCOTCL §1.806

DMR.1.8.070

Visitation Rights

(a) A person who within the two years prior to the date of the petition for adoption has

maintained a close relationship with an adopted child may petition the Court to be awarded

visitation rights, upon hearing and after notice of the hearing to the child's parents (as

determined after entry of the order in an adoption, including customary adoption). Notice

shall be served on the parents personally or by certified mail, return receipt requested,

restricted delivery.

DMR.1.8-

(b) The Children's Court may award visitation if the Court determines visitation is in the

child's best interest and that the petitioner will not interfere in or act contrary to the

parental decisions of the parents.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.8.070 was formerly codified as VII LCOTCL §1.807

DMR.1.8.080

Records

(a) The Children's Court may not disclose the records of any adoption except as provided

for in this section.

(b) A copy of the medical and genetic history report, as provided in Section

DMR.1.6.090(a) of this ordinance, with the names and other identifying data of the birth

parents and of the birth parents' or child's' health care provider removed, shall be provided

to the adoptive parents upon entry of the final judgment of adoption. The Court may, in its

discretion, disclose information as needed from the report, including the entire report, to

the adoptive parents after entry of a temporary order and before entry of the final

judgment. Additional information supplied to the Court under Section DMR.1.6.090(d)(5)

of this ordinance shall be made available to the adoptive parents upon receipt or upon later

request, provided the adoptive parents sign a statement requesting such information and

acknowledging that the Court or tribe does not vouch for its accuracy. A copy of the report,

and the information and of additional information received under Section

DMR.1.6.090(d)(5) of this ordinance shall also be made available, on request, to the child

after the child's eighteenth birthday, provided the child signs a statement acknowledging

that the Court or tribe does not vouch for the accuracy of the information contained

therein. Releases of information under this subsection shall be without charge.

the child's Tribe, the adoptive parents and, after the child has reached the age of eighteen

(18) years, to the child. Releases of information under this subsection shall be without

charge.

(d) Information regarding the identity of the child's birth parents, may be released to

the child upon request after the child has reached the age eighteen (18), if both birth

parents have filed with the court affidavits which have not been subsequently revoked,

authorizing the Court to release such information, or in the case where one parent was

unknown at the time of the termination of parental rights of the other parent, if the known

parent has filed with the court an unrevoked affidavit. However, the Children's Court may

release information regarding the identity of the child's birth parents to the child upon

request after the child has reached the age eighteen (18), without the filing of court

affidavits by the birth parents authorizing the Court to release such information so long as

DMR.1.8-

Court determines that it is in the best interests of the child and the child's Tribe to do so,

subject to the redaction of names or the rights of confidentially as required by Tribal or

federal law.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.8.080 was formerly codified as VII LCOTCL §1.808

DMR.1.8.090

Agreements Between Birth Mothers and Adoptive Parents

(a) Any agreement, to be enforceable between a birth mother and an adoptive parent,

where either party is a member of the Tribe, for the payment of fees or expenses, including

those expenses referred to in Section DMR.1.8.020(c)(5) of this ordinance, relating to the

adoption of any child as defined in Section DMR.1.8.090(c) below, shall be in writing.

(b) Any agreement between a birth mother and an adoptive parent or parents for the

payment of fees or expenses, including those expenses referred to in Section

DMR.1.8.020(c)(5) of this ordinance, relating to the adoption of a child may be rescinded by

the birth mother at any time up to the time that she gives consent to terminate her parental

rights under Section DMR.1.6.030 of this ordinance. If the birth mother rescinds her

consent as provided in this section, the adoptive parent or parents shall be entitled to

judgment against the birth mother for all fees and expenses paid to her pursuant to the

agreement between them.

any fetus, however fertilized or implanted. For purposes of this section "child" means any

child, regardless of Section DMR.1.2.010(h) of this ordinance and of tribal membership or

eligibility for membership, who, while in utero, was carried by a birth mother as herein

defined.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.8.090 was formerly codified as VII LCOTCL §1.809

DMR.1.8-

Subchapter DMR.1.9

Administration

Subchapter DMR.1.9

Administration

DMR.1.9.010 Notices Under the Indian Child Welfare Act ........ DMR.1.9-Error! Bookmark not

defined.

DMR.1.9.020 Child Welfare Director and the Assistant Child Welfare Director DMR.1.9-Error!

Bookmark not defined.

DMR.1.9.010

Notices Under the Indian Child Welfare Act

(a) The Child Welfare Director or the Assistant Child Welfare Director is designated as

agent for service of notices concerning child welfare proceedings as provided under the

Indian Child Welfare Act.

(b) Upon receipt of such notice, the Child Welfare Director or the Assistant Child

Welfare Director may consult with such tribal staff as may be necessary to determine the

eligibility of the child named in such notices.

DMR.1.2.010(h) of this ordinance, the Child Welfare Director or the Assistant Child Welfare

Director shall consult with the Legal Department, for the purpose of determining whether to

intervene or seek transfer of jurisdiction of the case to the Children's Court.

(d) The Child Welfare Director or the Assistant Child Welfare Director shall determine

whether to seek transfer, which determination, upon petition or motion of a person with an

interest in the child, may be reviewed and reversed by the Children's Court.

(e) In any non-tribal proceeding, where transfer of jurisdiction is denied or not sought,

the Child Welfare Director or the Assistant Child Welfare Director shall maintain a record of

all information gathered, actions taken, and documents received.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.9.010 was formerly codified as VII LCOTCL §1.901

DMR.1.9.020

Child Welfare Director and the Assistant Child Welfare Director

(a) General Duties. The Child Welfare Director and/or the Assistant Child Welfare

Director shall have the primary responsibility for receiving, investigating, and referring

information concerning children who are subject to this ordinance or children who are the

subject of child welfare proceedings in other Courts. The Child Welfare Director or the

DMR.1.9-

Assistant Child Welfare Director shall develop and monitor appropriate plans and goals to

minimize disruption of a subject child's life, to reunify families when possible, and to

encourage long-term stability in an environment that most approximates that of a family.

The Child Welfare Director or the Assistant Child Welfare Director shall have the primary

responsibility to represent the Tribe in administrative and court proceedings, both in

Children's Court and in other Courts, and shall secure the timely assistance of the tribal

attorney in cases as necessary and appropriate.

(b) Duties and Authority. The Child Welfare Director and/or the Assistant Child Welfare

Director shall have the following specific authority and duties:

(1) To file petitions and represent the Tribe in all tribal proceedings concerning the

child under this ordinance,

(2) To receive referrals, investigate reports, and ascertain whether a child is

probably subject to this ordinance,

(3) To take a child into emergency custody to protect the child's safety or welfare,

(4) To make emergency, foster, group home, and institutional placements on behalf

of the Tribe subject to the control of the Children's Court,

(5) To represent the Tribe in proceedings concerning the welfare of any child as

defined in Section DMR.1.2.010(h) of this ordinance in any foreign Court or agency

proceeding,

(6) To maintain all child welfare records and establish procedures to maintain the

custody and confidentiality of such records,

(7) To negotiate agreements for services with local, state, or federal agencies,

subject to Tribal Governing Board review and approval,

(8) To establish procedures for compliance with duties as required under this

Children's Code,

(9) To share information for statistical or service purposes in conformity with

agreements entered into pursuant to Section DMR.1.9.020(b)(7) above

(10) To receive and administer supervision, guardianship and custody of children

under this ordinance.

(11) To make such reports as may be required to the Tribal Governing Board or its

designee, provided that no such report that becomes a part of the tribal public record

shall contain any identifying information concerning the child or the child's parents.

DMR.1.9-

(12) To receive as the Tribe's agent, notifications under Wis. Stats. § 48.981 and to

maintain the confidentiality of such records as required by law.

(13) To perform such other lawful acts as are required or permitted under this

ordinance.

(14) To exercise the Tribal Governing Board's authority under 25 U.S.C. § 1915 (c) to

establish in individual cases a different order of preference than that set forth in 25

U.S.C. § 1915 (a) and (b).

(15) To decide, in consultation with legal counsel, whether or not to intervene in a

case, and whether or not to seek transfer of jurisdiction in a case.

(16) In any non-tribal proceeding, where transfer of jurisdiction is denied or not

sought, the Child Welfare Director or the Assistant Child Welfare Director shall maintain

a record of all information gathered, actions taken, and documents received.

authority to delegate the authority provided for in this section to such assistants as may be

hired by the tribe to work under the Child Welfare Director and the Assistant Child Welfare

Director's direction.

(d) The Child Welfare Director and the Assistant Child Welfare Director shall maintain

records in a secure place. For purposes of monitoring and evaluation of contract

compliance, no record may be extracted, copied, or summarized in a way that discloses

information concerning the identity of a child or family.

(e) Immunity for Acts and Omissions. No liability shall attach to the Child Welfare

Director and the Assistant Child Welfare Director for statements, acts, or omissions while in

the course of activities defined under this ordinance.

(Res. No. 15-87)

Prior Codifications

∗

§DMR.1.9.020 was formerly codified as VII LCOTCL §1.902

DMR.1.9-

Subchapter DMR.1.10

AODA Minor in Need of Care Proceedings

Subchapter DMR.1.10

AODA Minor in Need of Care Proceedings

DMR.1.10.010 Purpose ..........

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