Child/Family Protection Code Approval
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WERTC Resolution
Child/Family Protection Code Approval
WHITE EARTH RESERVATION TRIBAL COUNCIL
A/K/A WHITE-EARTH BUSINESS COMMITTEE
WHITE EARTH BAND OF CHIPPEWA INDIANS
Resolution No. OV “VVON
WHEREAS, the White Earth Reservation Tribal Council is the duly elected governing body of
the White Earth Reservation pursuant to Article IV, Section 1, of the revised
constitution of the Minnesota Chippewa Tribe, as amended, and organized
under Section 16, of the Act of June 18, 1934 (48 Stat. 984), and
WHEREAS, = the White Earth Reservation Tribal Council, also known as the White Earth
Reservation Business Committee, is the duly authorized governing body of the
White Earth Band, and
WHEREAS, _ the White Earth Reservation Tribal Council has previously determined that a new
White Earth Child and Family Protection Code should be drafted, which such
Code governing the rules, procedures and practices of child protection, child
welfare, and judicial proceedings affecting these areas within the White Earth
Tribal system, and
WHEREAS, =a working group has developed and drafted a proposed revision of the White
Earth Child and Family Protection Code, and such Code has been presented to
the general public of the White Earth Band for a thirty (30) day comment period
in accordance with Resolution No. 011-16-017A, and
WHEREAS, _—_ the comment period has expired and the working group has finalized the White
Earth Child and Family Protection Code, and recommends the White Earth
Reservation Tribal Council also adopt the same, to be effective March 1, 2017,
now
THEREFORE BE IT RESOLVED, that the White Earth Reservation Tribal Council hereby adopts the
White Earth Child and Family Protection Code as presented in the attached format, effective
March 1, 2017.
We do hereby certify that the foregoing resolution was adopted by a vote of 34 for, O
against,
(é) silent, a quorum being present at a_special ae Til wari ite Earth
Reservation Tribal Council held ond \Overnbyer OF. 2016 in ,
Minnesota. ) » ff
Ge OL -
_ y , ;
hue CA zk Livve Cha:
Terrence \Terry” Tibbetts, Chairman
C Laula Z a Md (Agr
Tara Mason, Secretary/Treasurer
WHITE EARTH BAND OF OJIBWE
TITLE IV
CHILD/FAMILY PROTECTION CODE
CHAPTER ONE—GENERAL PROVISIONS 1.00... ecsseceseeeseccssesesseecsersessssoscssseesssssssesssneaeeeneeeees 5
§ 1.01 Short Title 0.0... ecsccessesceceececesssesecsceaesssesssscessavscesesecseseesscssseceesesseressessssseesneneseneeeeeeses 5
§ 1.02 Declaration Of Policy 02.0... cseeescseeeesssecscseesscssesssseseecsesesveesssssesccessessesssseesessesssesseseeaes 5
§ 1.03 Purposes Of Code .0.......cceceecceesseeseeseeeasssecensessessenssnsesseseessasseeessssecnsessscsssursnsstenseetenseensenes 5
§ 1.04 Responsibilities of Tribal Department 0.0.0... ccc sssssesessensssseseneesecsesseeeesesseserseeentens 6
§ 1.05 Definitions............cccccscsccesecesccsssesssscnsesesncssssceseescetescesesssessssussassssuessassassasesseuseseueesesseente 6
§ 1.06 Jurisdiction of the Children’s Court... ..ccccc cc ccssseccescessesenesseserssssesaseeesesseseesecsessenenss 14
§ 1.07 Transfer of Jurisdiction 0.0.0... eeecessececeeeecscsecescsseessssessessssecssesseerssseesseesssenenseseeeaneess 15
§ 1.08 Immunity From Liability 00... eseeceseseeeenseeeseescereceessessesesssssssssssecensesseeseeeereeees 17
§ 1.09 Procedures and Authorizations ............:cscsesesseseseceessseesseresseseecesessssssesseesessseseseateeseanes 17
§ 1.10 Children’s Court Personnel..........c.csscsssscsssssssssscscsssecssscesssesesecsceesseceeesceucseeesseessenseesuess 18
§ 1.11 Child Protection Workers ....... ccc csescessessssessessscsssssssescessersessssssssesseesesseeseenecsesseeneesnene 20
§ 1.12 Child Protection Team 0.0... ccescseeecssecesceseesssscessnsecsessscsesssosessssersesessssesessesssseessensees 22
§ 1.13 Membership Eligibility Determinations 0.00.00... sesessessssecesseerssesssssseeseesesessseeseesees 24
§ 1.14 Records Concerning Children... ec ceeecesssecesseesesseesessssccessesasseesssesseeseseerenseceseeeeeeas 24
§ 1.15 Oaths; Confidential Information ............ eee cessessesesseeceeenseccessssesscceacsassasesesnsssesseseereres 26
§ 1.16 Permanent Mailing Address Designation ...0........ececcscsssesssscsesssesssssssessassessssanseeeesnees 27
§ 1.17 Court and Witness Fees 00.0... esesscessesseessessesessessscnsaseusssnsssessssasssessssssecesessessneeseeetes 27
§ 1.18 Right to Counsel ..c..cccsccsssessessssesscsssecssesseesseesasssceseesseess sessessussusssesssscssusessessessecssessscesvees 27
§ 1.19 Compensation for Appointed Counsel 0.0.0.1... eeeeeesenecesssressscnsessesessssssssseaseeeneessenseene 28
§ 1.20 Time Limitations; Continuation 0.0.0.0... ceesscssceessserssessressceeessenseceensessenaeeseeaeeneneens 28
CHAPTER TWO—REPORTING CHILD ABUSE, ABANDONMENT, OR NEGLECT ........ 29
§ 2.01 Mandatory Duty to Report... eecssecssccssesscessreessscessssesssessseesssesessesseneasenteneessseseneaens 29
§ 2.02 Penalty for Not Reporting Child Abuse, Abandonment, or Neglect ...........ccceeeees 30
§ 2.03 False Reports.........ccssccsesecsesssseecesesssessssccsessscsesesssesorsseusessrseussecseescssessensessseeseesesstenseats 30
§ 2.04 Contents of Maltreatment Reports ........ccccsssssssssscssessesssseessseessssresseseessessesseenseseenenaes 31
§ 2.05 Reports Outside Tribal Jurisdiction 0.0.0... cssscsseseeesssessresscresssecsssnsesssseesesesseneeseenees 31
§ 2.06 Immunity From Liability 00... ccc ees sesesssesesssecsscsscnseesesesressessesseccessesssesseesstesseessenses 32
§ 2.07 Safely Surrendered Aabinoojiiez (Infants) ..........esceccscesesscssctssessseeesessssssneenseseeesseseeses 32
§ 2.08 Release of Confidential Information..............cccsessessscesseeeeseseeereneneseeessenenetsteeeeenseenees 33
§ 2.09 Confidentiality of Maltreatment Reports Concerning Child Abuse, Abandonment, or
Neglect .......ccccccccscsscesesceeseseccnecssesessesscsnscecssenecsssesrsescsesssssescessessatsnsessecsescaseseseasssenuensnenensesnecesee® 34
CHAPTER THREE—PROTECTIVE INVESTIGATIONS ......0....ccesssssessssesssssssesensseessesesnenseers 34
§ 3.01 Investigation Timelines. ............. ee eessessessseseeseessceeseneesseeessesescsseseesseatenenseesesssanseaeeneneass 34
§ 3.02 General Investigation Procedures ...........ccccscsssssescssesessssesseseersereseeaeseenenssseseseaseeeeeeneees 35
§ 3.03 Facility Investigations .............esccssssssessssssscssssssssssssenesssssensesssnscesseescenssesensssessneseaeeetaeees 36
§ 3.04 Photographs of Abused, Abandoned, or Neglected Children ...........csesssessesseteereees 37
§ 3.05 Forensic Interviews of Children... eesssseessessessesessensenesssnecsesseesessesseseseseseneeesnereres 37
CHAPTER FOUR—INDIAN CHILD WELFARE COMMISSION..........ccccssssseseeeeseeeseeeeseeees 37
§ 4.01 ICW Commission Purpose Anishinaabe Neejawnisug (Anishinaabe children)............ 37
§ 4.02 Child Welfare Commission CompoSiItion...........csccsseseesesesserscssesessecnesessseaseanesnensesesnes 40
§ 4.03 Duties of the COMMiSSION.............csssscsssseessecsseseveetserecesesesesesseesseseesessssessesssnenensseaters 41
CHAPTER FIVE—REMOVAL AND PLACEMENT ........ccsccssssecssssssscnsccscsereneesseasssssessseseaeaes 43
§ 5.01 Emergency Removal ............csesssssesssssssessessesseseeseeeeseensesseseeseesarsnessesessnssesececeesssnensenenaee 43
§ 5.02 Notice of Removal ...........:ccccssesscesseeeccssssscscesssassssnsussenessseeaesssesesseesessteseeeesssaesseseaeeeeneeaee 44
§ 5.03 Emergency Order for Custody .........ccccccscssssssscsesscssesenscssssesssseessessseceseeneassesessersneaeeeses 44
§ 5.04 Placement Preferences .........ccscesssecsssscreeseseeeessesnessesessensessesenecsssscaessesesneneaeacerecenceerases 46
§ 5.05 Restrictions on Placement of Children .............cccssssssseesseeseseeeesseeessessereesnensnsseneeseeeens 47
§ 5.06 Foster Home Licensing Procedures ............csscccsscssessesescessenssasssessssesenessessenssenssenceesssees 48
§ 5.07 Authorization of Medical Treatment «0.0.0... ccecssesceseesessessensesessesesssasaassesesensenensneereneees 48
CHAPTER SIX—CHILD IN NEED OF PROTECTION AND/OR SERVICES PROCEEDINGS
ssssssusuusssssssssuorousassvosacesessucssosensssnseussossensosssssersasutesesussessussessessesssesasssssaasvossessossassessesnssscsecasstsrsesDbsiee® 50
§ 6.01 General Process Provisions............scscsssscscsssssssssssscsssscsrsneeseesessesseneesessneenesasseseneneseneaasegs 50
§ 6.02 Filing a Child In Need of Protection and/ or Services (CHIPS) Petition ..........ccee 50
§ 6.03 Notification of Rights, Process, and Service .......ccscsseseetesessessteesesrereeeescsensnssenseseneees 51
§ 6.04 Answer to Petition... eescscsscsscsscssersssssessssseessnesesarenesssenesresesssssesssessaseasecsonseeenees 55
§ 6.05 CHIPS Admit-Deny hearing... eccccescsssssssseseseecesssvesessneeeateeneneseenseaesseceneeeeneneeees 55
§ 6.06 Alternative Dispute Resolution. ..........ccccscsccssssseesesseesecenesenesseensesssssersessnseseeseeeeensees 56
§ 6.07 Social Service Report... eeeescsscssseessssssescsssensessesseneeseesaneeeesessesessesaessesesseessnseteneees 56
§ 6.08 Formal Trial on the [ssues...........essseessssssscscssessseseessssseeaeseeessenscenseesseseseenesesenenseneoesaees 57
§ 6.09 Dispositions..........sesessesscsssscnsssesssscerscssssessesssrensesseaessessesessesssaseacaesassesnensssessarecesessaseses 58
§ 6.10 Default Judgment ..........ccccsecesssescssresssssseessscesssssssessessesssssseeeassesessenensessenenensesereseerens 61
§ 6.11 Judicial REVIOW.........ccccccescsssesreececeteesescssseesssessessenssssssssecsnsesesseecsssenesestesesenesenenseseneres 62
§ 6.12 Grandparent’s and Extended Family Rights ...........ccccsscsessseeseseeseteresssesenseesseneseeeees 63
2
CHAPTER SEVEN—CASE PLANS 1.0... .ccesscsscssesseesssseesstesrensesssensessecescasensessesnneaseensecaseessaenaenees 63
§ 7.01 Case Plan Development 000... eee sessssssssscssssccssessossssssnssessesesssesrsesenecasesesseesessesnenenes 63
§ 7.02 Case Plan Tasks and Services ........c.sessssssccsesssssssssssssessssssereosnsssesseesneessessseneensenesseenees 66
§ 7.03 Case Plan Amendment .............csccsescssessecsssessesssscssensscssessenssesseveneseeseesseessresssseuseenseeeens 67
§ 7.04 Case Plans Without Parental Participation ..........cccscsssscsscssscssenssssessscesseneesseserseeeesees 68
§ 7.05 Court Approval of Case Plans.............ccscccsrecersessesscscscesccesssnssssenssssssssssessseeesausnsseseesees 69
CHAPTER EIGHT—SUSPENSION OF PARENTAL RIGHTS AND TRANSFER OF LEGAL
CUSTODY .....occccccsceccscssssessescescsssseessesecaeeessacsssaeassassceaesseeeseeseeesaseessecarsreesassseesssessaesssnesssedseseesenees 70
§ 8.01 Rights During a Suspension of Parental Rights or a Transfer of Legal Custody
PLOCCECING.......:.cccsceccsssseessescscceecceecectecsesecsesenseceseesessesnecesesssedessasaseassnsesesavsssassensedssenesaeseseseasees 70
§ 8.02 Petition to Suspend Parental Rights or Transfer of Legal Custody .............:esesseseeees 71
§ 8.03 Relinquishment of Parental Rights 0.0.0... eee cssstsesesseseessesessessssseseeseeeeeseesesseseeseenees 71
§ 8.04 Notice of Hearing on Petition to Suspend Parental Rights or a Transfer of Legal
CUSLOY .0..... se esceeeseseessecccesstsssssenssevscesscoesvasossessnecseosnsarsseseccsscssesssseesensentsnteed sotenesensessessesseaeneeees 72
§ 8.05 Hearing on a Petition to Suspend Parental Rights or a Transfer of Legal Custody....... 73
§ 8.06 Default Judgment ..0........ cee ecssesessseecesesseessesseceseonenseecesseescssesecsrsessesssnsessssscensesestenseaes 73
§ 8.07 Final Order for Suspension of Parental Rights ........... cs csscsssessesseseesseresesserseessesseseenees 74
§ 8.08 Custody After Final Order for Suspension of Parental Rights ............:cccseeseseseeneeeeees 77
§ 8.09 Future Review Hearings ............:ceccssssssesssecsesssesesssccesseesseaseesecsesersseeesensssensrsnessenseeeees 77
§ 8.10 Final Order for a Transfer of Legal Custody ........cc cs cesssccsersssssnssessesssersesesseeseseeneesees 77
CHAPTER NINE—TERMINATION OF PARENTAL RIGHTS. ......c ccc eeccssssseeessenssessnresneees 79
§ 9.01 PULPOSE...... cc cscscccsecssesceeeseeeraceeseesseeseesscesseseessesssssccsscanssssssnseussessesaseenessussneeasaeseeeeasess 79
§ 9.02 Grounds for Termination of Parental Rights ....0....cc cece seessesstesseeseeeesesteneeseeeees 79
§ 9.03 Petition to Terminate Parental Rights... 0... cecsceseessessccsasssscsssssesssseseaseescsseeerseeees 80
§ 9.04 Notice of Hearing on Petition to Terminate Parental Rights ...........cccsccsssseeeeeeeseneeee 81
§ 9.05 Hearing Procedures. .............cssccscessssnssscesesssessrcesssceessessssesesseseensseseensecsesseesssseeesaeeeesnenees 82
§ 9.06 Admit/Deny Hearing... cesscsscsesesesssssessersccssscrscssessscsssssseeecsscesessesseeseresenseneeennenese 83
§ 9.07 Pretrial Hearing and Trial .......... cect eeecssssensereceeseeceeseceseesseveeseessasersecsesesseesseessseeeteneae 84
§ 9.08 Default Judgment 0.2.0... cect seseseeeesessseseseeeecsesesessesessesseessssseessnsenssenesnseaeseessnerseeaeenes 86
§ 9.09 Final Order for Termination of Parental Rights... eeceseeseseeseeseeessesseeseseeneseees 87
§ 9.10 Custody After Termination Order... ccc cecssscscsersscnssseccsssseressssssseseeeseeseesseneneenesaes 88
§ 9.11 Future Review Hearings 20.0.0... cescesssssceeseecsscrsssessssssessssssessessesecsseneneseseenecsesseeseensees 89
CHAPTER TEN— Voluntary Relinquishments of Parental Rights..............scsscssssseeesseseeeseensees 89
§ 10.01 Voluntary Relinquishment of Parental Rights 0.0... cscsssssseseseeseesseeseeesessenseeseeees 89
CHAPTER ELEVEN—ADOPTIONS ..0....cccceeesccessssccesesccevsseecossseescesseesensenescaseneeesseseusesssaseeasens 90
§ 11.01 Purpose... ceeesceecsssssesesssscsseessesssscssssssnssssessssesussecanssusrscessensensensscssssesesessenseresaenered 90
§ 11.02 Filing Adoption Petitions... eeseccsssssscssenseessssseensssssseeseseeeesessessesesseseesssesseneaenees 91
§ 11.03 Contents of Adoption Petition 0000... cececccssssseesssesssseseseseesasensseesessrssnsenessssesessesseeees 91
§ 11.04 Consent to Adopt .......cccscccsseessctssesccreessersssorerscssssesesnsssssensessaseseasessneesesseneeseaeonsenseess 91
§ 11.05 NOtice.......ccscscessscscecsesecessecesescesseaesseecesssseeeseessersacssesesrscsscesseecsensenssssenaecsusseseseasensnenss 92
§ 11.06 Home Studies ..........cceeccesesseececeseeeesssecesneeseavseesssevecsscecsrsscssereseescsnesessessesesssessnseeeaesenees 92
§ 11.07 Withdrawal of Consent .......... ec cescssesteesscssssesssesessersensecsnessesnenseseneseesenessssenenseneeeans 93
§ 11.08 Adoption Preferences... ci ceceesssscessseessssssssesssssessusessescseseeenserssessesensseeensesenenesees 94
§ 11.09 Hearing Procedures 00... sesesssssssstsessssessssnsassssassesesesesseeseenesessensoneesseesecseseenseensesgnes 94
§ 11.10 Final Decree of Adoption........ccssscscececssssecsscsessesstessecsecseensensenussnesucaneeneenseseqetearersesseess 95
§ 11.11 Closed Adoption... ccssecssscessssecssesserssscessessesesseseeseerseassessessecssessesesseeeesaesenseneceres 95
§ 11.12 Customary Adoptions 00... cc cscsstcsrsscesseesscsseesseesessescaeeessenesseesseaeeeeenseansacsesserseeney 97
§ 11.13 Adoptive Parent Relinquishment of Rights 0.0.0.0... ssscsssscessecsseressetsssensesseseeeneenseeseens 98
CHAPTER TWELVE—APPEALL. ...0........csssssceeecseccccnsecessssacesevneeessersccontsesseesseeceessuescnssenesseeeeees 98
§ 12.01 Appeals ..........ceeccseecesesesecsesscssesseassessecssssssecssesssssseeseusnseessenesceseseesessestenesseseesseeeeseneeees 98
CHAPTER THIRTEEN—GUARDIANSHIP ....0....:ecssseessssscsscseseossceeessscessessessessessseeseeesensesseanae 99
§ 13.01 Types of Guardianship 00... eee eccessseessensssssssessessessecesesseseensersnesessseessesnenseseeeareaes 99
§ 13.02 Temporary Guardianship ............cseccecesscssssecsssssesecsesesssseeseeeneneenssnensssseesseseeeesenenasees 99
§ 13.03 Permanent Guardianship... sesesssessscsssessesesessssssseseneeseseeseeesessesseasseesssesesseaeeees 99
§ 13.04 Guardianship of Property... seecesecssessccnsnesssssnscsscsesseseseeseeeerenesecseeseseseeseeneesees 100
§ 13.05 Filing Guardianship Petitions ...........:cccsscsccssesessesseecsensesssessesssseneenesessessenseneneneeeeareens 100
§ 13.06 Contents of Guardianship Petition ..............:ccssssesssseseceeessseensesssessesssseneesenseeeseneenenees 100
§ 13.07 Guardianship Report ..........ccsccscsssscecsecessesereressessssessenesessensnsesessessesseeasssssesneneaeeesets 101
§ 13.08 Guardianship Procedures ..........ccsccssscsssessssesesscereessersessseesensesesssseseesessesensenesssneneseenes 101
§ 13.09 Guardian Duties and Responsibilities 000.000... cicsessserssetsessseneessenseeenseeesnseesesneenens 102
§ 13.10 Incompetent Person... sesssessessecetsosesceeesesseeseeessesneensesseenessseneanseneeasessenseneeeaeens 103
CHAPTER FOURTEEN—EMANCIPATION ......cccccsssscccssssecsseersstesscnscsuseessecessseneeeensesanaeeeees 104
§ 14.01 Emancipation .......... ce eeseeeecessssecseessseesscsssssssssscssssseusssesseeseatsrenestesseeessessescseseenenennenes 104
CHAPTER ONE—GENERAL PROVISIONS
§ 1.01 Short Title
This Code shall be entitled “The Child/Family Protection Code.”
§ 1.02 Declaration of Policy
1. Itis the fundamental belief of the White Earth Band of Ojibwe that its children are the
sacred responsibility of the Tribe.
2. The principles that shall guide decisions pursuant to this Code are:
a. Protection of the child’s safety, well-being, and welfare;
b. Preservation of the child’s identity as a tribal member and member of an extended
family and clan; and
c. Preservation of the culture, religion, language, values, clan system, and
relationship of the Tribe.
§ 1.03 Purposes of Code
The purposes of this Code are:
1. To provide for the care, safety, and protection of children in an environment that fosters
healthy social, emotional, intellectual, cultural, and physical development; to ensure
secure and safe custody for children; to promote the health and well-being of all children
under the Tribe’s care; and to prevent the occurrence of child abuse, abandonment, and
neglect.
2. To provide a continuum of services for children and their families from prevention to
residential treatment, with emphasis on prevention, early intervention, and communitybased alternatives to encourage parents to act with zoongide win, to acknowledge their
personal weaknesses and develop the strength to combat them for the welfare of their
children.
3. To exercise the White Earth Band of Ojibwe’s sovereign right to govern over its people
and the land on which it resides; in particular the Tribe’s most vital resource, its children,
through:
a. The efficient collaboration of both tribal and state resources in a manner that
provides for the timely and effective handling of those cases involving the Tribe’s
children;
b. The facilitation of inter-governmental relationships with other jurisdictions aimed
at protecting Ojibwe children and families both on and off the Reservation; and
c. Ensuring that off-reservation courts will be willing to return tribal children to the
Reservation.
4. To promote the belief that the Tribe’s children deserve a sense of manaaji ‘idiwin,
respect, zaagi idiwin, love, permanency, and belonging throughout their lives and are
entitled to knowledge about their unique cultural heritage, tribal customs, history,
language, religion, and values.
5. To provide for the best interests of the Tribe, tribal communities, tribal families, and
tribal children.
§ 1.04 Responsibilities of Tribal Departments
1. All Tribal Departments are mandated to aid in the execution of this Code to its fullest by
showing nibwaakaawin, an abundance of wisdom, regarding the particularities of this
Code so it can be effectively communicated to all families involved in proceedings under
this Code.
2. Aiding in the execution of this Code shall include providing any requested information or
assistance as outlined in this Code to ensure Tribal children are raised in communities
showing manaaji ’idiwin, respect, and zaagi idiwin, love, towards the children.
§ 1.05 Definitions
1. Abandon, Abandoned, Abandonment—A situation in which the parent or legal
custodian of a child, while being able, makes no provision for the child’s support and has
failed to establish or maintain a substantial and positive relationship with the child.
a. A substantial and positive relationship should include frequent and regular contact
with the child through frequent and regular visitation or communication and the
exercise of parental rights and responsibilities.
b. Marginal efforts and incidental or token visits or communications are not
sufficient to establish or maintain a substantial and positive relationship with a
child.
c. The incarceration of a parent, legal custodian, or caregiver may support a finding
of abandonment. The service of a parent, legal custodian, or caregiver in the U.S.
Armed Forces will not support a finding of abandonment. Custody with extended
family members or a voluntary consent to placement does not constitute
abandonment.
d. Failure to maintain a substantial and positive parental relationship with the child,
without just cause, for six months shall constitute prima facie evidence of
abandonment.
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10.
11.
12.
13.
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Abuse—Any willful or threatened act that results in any physical, mental, or sexual
injury or harm that is likely to cause the child’s physical, mental, or emotional health to
be significantly impaired.
a. Abuse of a child includes acts or omissions and failing to maintain reasonable
care and treatment.
b. Corporal discipline of a child by a parent or legal custodian for disciplinary
purposes does not in itself constitute abuse when it does not result in harm to the
child.
c. Ojibwe customary discipline of a child by a parent or customarily appropriate
person does not in itself constitute abuse when it does not result in harm.
Active Efforts of a Tribal Social Services Department—Active efforts made by any
tribal social services department to provide social services or reunification services to any
party participating in a case plan with the department.
Adoptee—The individual, child, or adult who is adopted or who is to be adopted.
Adoption—The creation of a legal relationship between parent and child where it did not
exist biologically. Adoption declares the child to be legally the child of the adoptive
parents and allows the child be entitled to all the rights, privileges, and obligations of a
biological child.
Adoptive Parent—The person establishing or seeking to establish a permanent parentchild relationship with a child or adult who is not their biological child.
Adult—A person eighteen years of age or older or otherwise emancipated by order of a
court of competent jurisdiction.
Alleged Juvenile Sexual Offender—A child who is alleged to have committed any
violation of law or delinquent act involving juvenile sexual abuse.
Appellate Court—The Appellate Court shall mean the White Earth Band of Ojibwe
Appellate Court.
Arbitration—A process whereby a neutral third person or panel considers the facts and
arguments presented by the parties and renders a decisions that may be binding or
nonbinding.
Assessment—The gathering of information for the evaluation of a child’s or adult’s
physical, psychiatric, psychological, or mental health, education, vocational, and social
condition and family environment as it relates to the child’s and adult’s need for
rehabilitation and treatment services.
Authorized Agent, Authorized Designee—An employee, volunteer, or other person or
agency that is assigned or designated by the White Earth Band of Ojibwe to perform
duties or exercise powers under this Code.
Band—The White Earth Band of Ojibwe.
Best Interests of the Child—A compilation of a variety of factors including, but not
limited to:
a. the ability of the tribe and the reservation community to provide for the care of
the child;
the wishes of the parents, parties, or tribe;
the preference of the child, if the child is of sufficient age to express a preference;
the intimacy of the relationship between the child and the parties;
the child’s adjustment to home, school, and tribal community;
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15.
16.
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18.
19.
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21.
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f. the length of time the child has lived in a stable, satisfactory environment and the
desirability of maintaining continuity;
g. the permanence of the existing or proposed adoptive home as a family unit;
h. the mental and physical health of all individuals involved; and
i. 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.
Best Interests of the Tribe—A compilation of a variety of factors including, but not
limited to:
a. 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;
b. the hindrance of the ability of the tribe to continue as a viable cultural entity after
the loss of its children; and
c. the tribal view that every child is a gift from the Creator and is crucial to the
future of the tribe as a whole.
Birth Parent—The biological parent of a child.
Caregiver—tThe parent, legal custodian, permanent guardian, adult household member,
or other person responsible for the child’s welfare.
Case Plan—The document, as detailed in Chapter 7, prepared by the Giizhawaaso
(Indian Child Welfare) Department. The case plan follows the child from the provision of
services through any protection, services, foster care, suspension or termination of
parental rights, adoption proceedings, or related activities.
Child—A person who is less than eighteen years old and has not been emancipated by
order of a court of competent jurisdiction.
Child in Need of Protection And/ Or Services—A child that the court has determined
has been abandoned, abused, neglected, harmed, or has not received the needed services,
or parenting necessary for the wellbeing and rearing of the child.
CHIPS Petition—A petition pertaining to a child in need of protection and/ or services,
or any proceeding relating to the process of identifying or adjudicating a child in need of
protection and/ or services.
Child-on-Child Sexual Abuse—Any sexual behavior that occurs without consent,
without equality, or as a result of coercion, between two children.
Child Protection Team—A team established to involve and coordinate the child
protection services of various agencies as set forth in Chapter 1, Section 1.12 of this
Code.
Child Protection Worker—The child protection worker, social services work, law
enforcement personnel, or any other person who performs the duties and responsibilities
set forth in Chapter 1, Section 1.11 of this Code.
Child Support—A court ordered obligation for monetary support for the care,
maintenance, training, and education of a child.
Closed Adoption—An adoption that is intended to sever all ties between the child and
his or her biological family.
Coercion—The exploitation of authority or the use of bribes, threats of force, or
intimidation to gain cooperation or compliance.
Consent—An agreement between two parties, including:
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
a, understanding what is proposed based on age, maturity, developmental level,
functioning, and experience;
b. knowledge of societal standards for what is being proposed; awareness of
potential consequences and alternatives;
c. assumption that agreement or disagreement will be accepted equally;
d. avoluntary decision; and
e. mental competence.
Court Administrator—The Office of the Court Administrator, created pursuant to
Chapter IV of the White Earth Band of Ojibwe Judicial Code, or any successor judicial
administrator created by a future tribal judicial code.
Court, Children’s Court—The Children’s Court of the White Earth Band of Ojibwe.
Custodian—A person, other than a parent or guardian, to whom legal custody of a child
has been given.
Customary Adoption—A traditional tribal practice recognized by the community and
the Tribe that gives a child a permanent parent-child relationship with someone other
than the child’s birth parents.
Customary Adoption Worker—A staff person of the Giizhawaaso (Indian Child
Welfare) Department whose job duties include carrying out customary adoptions in
accordance with Chapter 11 of this Code.
Danger to Oneself—As evidenced by violent or other actively self-destructive behavior,
it is more likely than not that within a 72-hour period the child may attempt to commit
suicide or inflict serious bodily harm on himself or herself.
Danger to Others——As evidenced by violent or threatening activity, it is more likely than
not that within a 72-hour period the child may inflict serious and unjustified bodily harm
on another person.
Diligent Search—The efforts of a tribal social services department or other party to
locate a parent or prospective parent whose identity or location is unknown, initiated as
soon as the existence of the parent is known, with the search progress reported at each
Court hearing until the parent is either identified and located or the Court excuses further
search.
Domicile—A person’s permanent home, legal home, or main residence. The domicile of
a child is generally that of the custodial parent or guardian. Domicile includes the intent
to establish a permanent home or the location the parent or guardian considers their
permanent home.
Egregious harm—the infliction of bodily harm to a child or neglect of a child which
demonstrates a grossly inadequate ability to provide minimally adequate parental care.
Emergency—A situation when any individual has been injured or who is suffering from
an acute illness, disease, or condition and it has been confirmed to a reasonable degree of
certainty that a delay in the initiation or provision of emergency medical care or treatment
would endanger the health or physical well-being of the individual.
Equality—Two participants operating with the same level of power in a relationship,
neither being controlled nor coerced by the other.
Extended Family—A group of individuals that care about a child, defined according to
the tribal customs and traditions of the child’s tribe.
Facility Investigation—-Situations of known or suspected child abuse, abandonment, or
neglect in which the person allegedly perpetrating the child abuse, abandonment, or
43.
44
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
neglect is an employee of a public or private school, public or private day care center,
residential home, or child care institution, facility, or agency. The facilities must be
located within the exterior boundaries of the White Earth Reservation, or licensed by the
White Earth Band of Ojibwe.
False Report—Any report of abuse, abandonment, or neglect of a child that is
maliciously made for the purpose of:
harassing, embarrassing, or harming another person;
personal financial gain for the reporter;
acquiring custody of a child; or
personal benefit for the reporting person in any other private dispute involving a
child.
Family Member—A person related by blood or marriage who maintains some form of
significant contact with a child. The term includes spouses, parents, children, siblings,
aunts, uncles, grandparents, grandchildren, cousins, significant others, and any other
persons who might be considered a family member under tribal law or custom.
Forensic Interview—A structured investigative conversation with a child intended to
illicit detailed information about possible events the child may have experienced or
witnessed. The purpose of a forensic interview is to illicit information from a child that
may be help in a criminal or child protection investigation.
Foster Care—Care provided to a child in a foster family, child care institution, or any
combination of similar institutions.
Foster Care Program—A program approved by the White Earth Reservation Tribal
Council or their delegate to inspect and license foster homes under Chapter 5, Section
5.06 of this Code.
Foster Home—A home that has been licensed under Chapter 5, Section 5.06 of this
Code.
Gezhaanaajig Nejanisug (Ga zha na zhig Na zha ni sug) (Those who guard
Children)—A person appointed by the Court to represent the child’s best interests before
the Court. Known as a “Guardian Ad Litem” in a non-indigenous setting.
Giizhawaaso (Indian Child Welfare) Department—The tribal social services agency of
the tribal government charged with ensuring the protection of Indian children in
accordance with the Indian Child Welfare Act and this Code.
Guardian—A person assigned by a court of law, other than a parent, having the duty and
authority to provide care and control of a child.
Guardian Ad Litem—See 49, Above.
Guardian of Property—A person appointed by the Court to manage the property of a
child or incompetent person.
Harm—Harm to a child’s health or welfare occurs when any person inflicts, or allows to
be inflicted, upon the child a physical, mental or emotional injury. Harm may include, but
is not limited to:
willful acts of physical, mental, or emotional injury;
leaving a child without appropriate supervision for his or her age and ability;
inappropriate or excessively harsh disciplinary action;
sexual assault, battery, or exploitation;
abandonment;
neglect;
ae op
mo ae op
10
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
g. exposure to a controlled substance or alcohol, before or after birth;
h. restraint or isolation; or
i. withholding appropriate care, services, or treatments.
Incompetent—A person who is for any cause mentally incompetent and unable to take
care of themselves and manage their property.
Indian—Any person who is a member of, or who is eligible to become a member of, a
federally recognized Indian tribe, band, or community. An Indian may also include any
person considered by their community to be Indian.
Indian Custodian—A person who has raised an Indian child under tribal law or custom.
Indian Tribe—A federally recognized Indian tribe, band, or community.
Judge—The Children’s Court judge exercising jurisdiction pursuant to this Code.
Juvenile Counselor—The juvenile counselor or juvenile probation officer or other
appropriately titled person who performs the duties and responsibilities set forth in
Chapter 1, Section 1.10(2) of this Code.
Juvenile Offender—A child who commits a juvenile offense prior to his or her
eighteenth birthday.
Juvenile Offense—A criminal violation of the Tribal Code of the White Earth Nation
that is committed by a person who is under the age of eighteen at the time the offense was
committed.
Juvenile Sexual Abuse—Any sexual behavior that occurs without consent, without
equality, or as a result of coercion, between two children.
Legal Custody—A legal status created by a court that vests in a custodian of the person
or guardian the right to have physical custody of the child, the right and duty to protect,
nurture, guide, and discipline the child, and the duty to provide the child with food,
shelter, education, and ordinary medical care.
Maltreatment—Any non-accidental act or series of acts of commission or omission by a
parent or other caregiver that results in harm, potential for harm, or threat of harm to a
child. Maltreatment of a child includes, but is not limited to, physical, sexual and —
psychological abuse, and emotional, medical, or educational neglect.
Mental Injury—An injury to the intellectual or psychological capacity of a child as
evidenced by a discernible and substantial impairment in the ability to function within the
normal range of performance and behavior.
Necessary Medical Treatment—Care that is necessary within a reasonable degree of
medical certainty to prevent the deterioration of.a child's condition or to alleviate
immediate pain of a child.
Neglect—A situation in which a child is deprived, via acts or omissions, of necessary
food, clothing, shelter, or medical treatment or the child’s living environment causes the
child’s physical, mental, or emotional health to be significantly impaired. A neglectful
situation cause primarily by financial inability will not be considered neglect, unless
actual services for relief have been offered and rejected.
Open Adoption—An adoption that is not intended to permanently deprive the child of
connections to his or her biological family.
Out-of-Home—A placement of a child outside of the child’s domicile or the home of
either of the child’s parents.
Parent—A biological or adoptive parent of a child, but not an individual whose parental
rights have been suspended or terminated.
11
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
Participant—Any person who is not a party to a proceeding under this Code, but who
should receive notice of hearings involving the child. Participants may be granted leave
by the Court to be heard without the necessity of filing a motion to intervene.
Permanency Goal—The living arrangement identified for the child as the permanent
living arrangement of the child. Permanency goals, in order of preference, are:
reunification;
permanent placement with a relative;
permanent placement with a White Earth Tribal Member,
customary adoption;
placement in another planned and permanent living arrangement; and
adoption.
Permanency Plan—The plan that establishes the placement intended to serve as the
child’s permanent home.
Permanent Guardian—A legal relationship that a court creates between a child and a
relative or other adult approved by the court that is intended to be permanent, relating to
the protection, education, care, custody, and control of the child, as set forth under
Chapter 13, Section 13.03 of this Code. (See definition of Legal Custody and Chapter 13,
Section 13.03 of this Code.)
Physical Injury—Impairment of any body part, temporary or permanent disfigurement
of any body part, or physical harm that is contrary to child rearing practices in the
community, or death.
Physician—Any licensed physician, dentist, or optometrist, including any intern or
resident.
Post Adoptive Contact Agreement—An agreement approved by the Court and entered
into between the biological parent(s) and the adoptive parent(s) of the adoptee(s) in an
open adoption proceeding to establish the parameters and method for continued contact
between the biological parent(s) and the adoptee(s). In determining whether to approve a
Post Adoptive Contact Agreement, the Court may consider the following factors: the
nature of the relationship between the adoptee and his or her biological family; any preexisting relationship, if applicable, between the adoptee’s immediate family and the
adoptive parents; maintaining a connection between the adoptee and the adoptee’s tribal
community; and any other factor the Court finds relevant and persuasive.
Preadoptive Parent—A person considering taking on the responsibilities of an adoptive
parent, as detailed in Chapter 1, Section 1.05(6), for a child involved in a proceeding
under this Code.
Preventive Services—Social services and other supportive and rehabilitative services
provided to the parent or legal custodian of the child and to the child for the purpose of
averting the removal of the child from the home. Social services and other supportive and
rehabilitative services shall promote the child’s need for:
a. physical, mental, and emotional health;
b. asafe and stable living environment;
c. family autonomy; and
d. astrengthened family life.
Prospective Parent—Any person who claims to be, or has been identified as, a person
who may be a mother or a father of a child.
mone sp
12
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
Protective Assessment—The acceptance of a report alleging child abuse, abandonment,
or neglect; the investigation of each report; the determination of whether action by the
Court is warranted; the determination of the disposition of each report without Court or
public agency action when appropriate; and the referral of a child to another public or
private agency when appropriate.
Protective Supervision—A legal status in a CHIPS case that permits the child to remain
safely in his or her own home or other placement while being under the direct supervision
of the Giizhawaaso (Indian Child Welfare) Department.
Reservation—The White Earth Reservation located in northern Minnesota.
Reunification Services—Social services and other supportive and rehabilitative services
provided to the parent of the child, to the child, and, where appropriate, to the relative
placement, non-relative placement, or foster parents of the child for the purpose of
enabling a child who has been placed in out-of-home care to safely return to his or her
parent at the earliest possible time.
a. The health and safety of the child shall be the paramount goal of social services
and other supportive and rehabilitative services.
b. The services shall promote the child's need for physical, mental, and emotional
health and a safe, stable, living environment, shall promote family autonomy, and
shall strengthen family life.
Safe Place— a location for safely surrendering a newborn infant; Safe Places under this
Code are as follows: the White Earth Police Department, the Giizhawaaso (Indian Child
Welfare) Department, the Tribal fire departments and IHS clinics in the villages of White
Earth and Naytahwaush, or any other facility designated as a Safe Place in writing by the
Giizhawaaso Department; provided that a Safely Surrendered Newborn Infant is
surrendered during the Safe Place’s normal hours of operation with staff present to accept
the surrendered infant.
Safely Surrendered Newborn Infant—An infant, not more than seven (7) days old as
determined within a reasonable degree of medical certainty, surrendered by a mother, or
someone acting with her permission, to surrender the infant to an appropriate safe place.
The act of surrendering may be anonymous, but it must be voluntary.
Social Worker—Any individual who has a bachelor’s, master’s, or doctoral degree in
social work.
State Court—A court of the state of Minnesota, or of any other state, having civil
jurisdiction over the child who is the subject of a proceeding under this Code.
Substance Abuse—Using, without medical reason, any psychoactive or mood-altering
drug, including alcohol, in a manner as to induce physical or mental impairment beyond
acceptable social norms.
Substantial Compliance—The circumstances that have caused an on-going child
protection case have been significantly remedied by the parent or legal custodian to the
extent that the well-being and safety of the child will not be endangered upon the child’s
remaining with, or being returned to, the child’s parent or legal custodian.
Suspension of Parental Rights—The permanent suspension of the rights of biological
parents to provide for the care, custody, and control of their child.
Temporary Guardianship—aA guardian who has been granted temporary guardianship
status as set forth in Chapter 13, Section 13.02 of this Code.
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94. Temporary Legal Custody—The relationship that a court creates between a child and
an adult relative of the child, legal custodian, agency, or other person approved by the
court until a more permanent arrangement is ordered.
a. Temporary legal custody confers upon the custodian the right to have temporary
physical custody of the child and the right and duty to protect, nurture, guide, and
discipline the child.
b. The temporary legal custodian is also required to provide the child with food,
shelter, and education, and ordinary medical, dental, psychiatric, and
psychological care, unless these rights and duties are otherwise enlarged or
limited by the court order establishing the temporary legal custody relationship.
95. Transfer of Legal Custody—A transfer of legal status as custodian for a child (see
Legal Custody) from one adult to another.
96. Treatment Facility—A secure, acute care facility that provides, at minimum,
detoxification and stabilization services; is operated 24 hours per day, seven days per
week; and is designated by the Giizhawaaso (Indian Child Welfare) Department to serve
individuals found to be substance use impaired.
97. Tribal Council—The Tribal Council of the White Earth Band of Ojibwe.
98. Tribal Court—The Tribal Court of the White Earth Band of Ojibwe.
99. Tribe—The White Earth Band of Ojibwe.
100. Victim—Any child who has sustained or is threatened with physical, mental, or
emotional injury identified in a report involving child abuse, abandonment, or neglect, or
child-on-child sexual abuse
§ 1.06 Jurisdiction of the Children’s Court
1. There is hereby established for the White Earth Band of Ojibwe a court to be known as
the White Earth Children’s Court. The jurisdiction of the Children’s Court shall be civil
in nature and shall include the right to issue all orders necessary to insure the safety of
children and incompetents within the boundaries of the Reservation, as well as other
children who have been declared wards of the Children’s Court.
2. The Children’s Court shall have exclusive jurisdiction of all proceedings under this Code
or of a child voluntarily placed with a Giizhawaaso (Indian Child Welfare) Department.
3. The Children’s Court shall have the power to enforce subpoenas and orders of restriction,
fines, contempt, confinement, and other orders as are deemed appropriate.
4, The Children’s Court shall have jurisdiction over the following persons:
a. Members of the Tribe under the age of eighteen years;
b. Persons under the age of eighteen who are eligible for membership in the Tribe;
c. Indians who are under the age of eighteen years and who are residing within the
exterior boundaries of the Reservation;
14
5.
d. Children of enrolled members of the Tribe or other Indians, including adopted
children, who reside within the exterior boundaries of the Reservation;
e. Children residing within the exterior boundaries of the Reservation within the
home of an enrolled member of the Tribe or other Indians as long as the parents,
guardians, or custodians have consented to the jurisdiction of the Children’s
Court. Consent, once given, may be revoked only with the permission of the
Children’s Court;
f. Incompetent persons residing or domiciled within the exterior boundaries of the
Reservation; and
g. Any child whose family may wish to make itself subject to the jurisdiction of the
Children’s Court.
Where the Children’s Court asserts jurisdiction over a child under Chapter 1, Section
1.06(4), the Court shall also have jurisdiction over the person’s extended family
whenever the Court deems it appropriate.
Where the Children’s Court deems it appropriate, the Court may retain jurisdiction over
children and their extended families who leave the exterior boundaries of the
Reservation.
When the Court obtains jurisdiction of any child who has been found to be in need of
protection and/ or services, the Court shall retain exclusive jurisdiction, unless
relinquished by its order, until the child reaches eighteen years of age.
§ 1.07 Transfer of Jurisdiction
1.
2.
The Children’s Court may apply the policies of the Indian Child Welfare Act, 25 U.S.C.
§1901-1963, where they do not conflict with the provisions of this Code.
a. The procedures for state courts in the Indian Child Welfare Act shall not be
binding upon the Children’s Court unless specifically provided for in this Code.
b. The Children’s Court may choose to apply or decline to apply the policies or
individual provisions of the Indian Child Welfare Act, 25 U.S.C. § 1901-1963 for
any reason.
In any proceeding before the Children’s Court, the Court may transfer the proceedings to
an appropriate state court or another tribal court where the state or the other Indian tribe
have a significant interest in the child and the transfer would be in the best interest of the
child.
15
3. The Children’s Court may accept or decline, under the procedures set forth in this Code,
transfers of child welfare cases from other federal, state, or tribal courts.
4. Procedures for Transfer from State Court
a. The tribal agent for service of notice of state court child custody proceedings, as
defined by the Indian Child Welfare Act, shall be the tribal social service
department.
b. The Giizhawaaso (Indian Child Welfare) Department shall conduct an
investigation and file a written report with the Court when transfer to tribal court
is being sought.
c. The Tribe, through its attorneys, social workers, or child protection workers, may
in their discretion, file a written request with the Court to accept a transfer of
jurisdiction from any state, tribal, or other Court.
d. The Court may accept a transfer from state court if:
i. A parent or Indian custodian’s petition to state court for transfer is
granted; or
ii. The tribe’s petition to state court for transfer is granted.
e. Upon receipt of transfer jurisdiction from state court, the juvenile counselor, tribal
social worker, or tribal attorney shall file a CHIPS petition, and appropriate
hearings shall be held in accordance with this Code.
5. Comity; Conflict of Laws
a. State child custody orders involving children over whom the Children’s Court
could take jurisdiction may be recognized by the Children’s Court only after a full
independent review of the state proceedings has determined:
i. The state court properly asserted jurisdiction over the child;
ii. The provisions of the Indian Child Welfare Act, 25 U.S.C. §1901-1963
were properly followed;
iii. Due process was provided to all interested persons participating in the
state proceeding; and
iv. The state court proceeding does not violate the public policies, customs, or
common law of the tribe.
16
b. Court orders of other tribal courts involving children over whom the Children’s
Court could take jurisdiction shall be recognized by the Children’s Court after the
Court has determined;
i. That the other tribal court properly asserted jurisdiction over the child; and
ii. Due process was accorded to all interested parties participating in the
other tribal court proceeding.
c. The statutes, regulations, public policies, customs, and common law of the White
Earth Band of Ojibwe shall control in any proceeding involving a child who is a
member of the Tribe, or eligible for membership in the Tribe.
§ 1.08 Immunity From Liability
1.
In no case shall employees of the Tribe or the Giizhawaaso (Indian Child Welfare)
Department acting in good faith be liable for damages as a result of failing to provide
services agreed to under any case plan, unless the failure to provide the services occurs as
a result of bad faith or malicious purpose or occurs in a manner exhibiting wanton and
willful disregard of human rights, safety, or property.
The inability or failure of the Tribe or of the Giizhawaaso Department or the employees
or agents of the Giizhawaaso Department to provide the services agreed to under any case
plan shall not render the Tribe or the Giizhawaaso Department liable for damages, unless
the failure to provide services occurs in a manner exhibiting wanton or willful disregard
of human rights, safety, or property.
3. Nothing in this Code constitutes a clear and unequivocal waiver of sovereign immunity.
§ 1.09 Procedures and Authorizations
1.
The procedures in the Children’s Court shall be governed by the White Earth Band of
Ojibwe Rules of Civil Procedure that are not in conflict with this Code.
The Children’s Court shall assist in the development of policies, procedures, and general
orders for the efficient and effective management of all programs, services, facilities, and
functions necessary for implementing this Code. All policies, procedures, and general
orders must conform to accepted standards of care and treatment.
In all proceedings, the Court shall take and preserve an accurate stenographic or
recording of the proceedings.
Orders entered pursuant to this Code that affect the placement of, access to, parental time
with, adoption of, or parental rights and responsibilities for a child shall take precedence
over other orders entered in civil actions or proceedings. However, if the Court has
17
terminated jurisdiction, the order may be subsequently modified by a court of competent
jurisdiction in any other civil action or proceeding affecting placement of, access to,
parental time with, adoption of, or parental rights and responsibilities for the same child.
5. The Court shall expedite the resolution of the placement issue in cases involving a child
who has been removed from the parent and placed in an out-of-home placement.
6. The Court shall expedite the judicial handling of all cases when the child has been
removed from the parent and placed in an out-of-home placement.
7. Children removed from their homes by the Court shall be provided equal treatment with
respect to goals, objectives, services, and case plans, without regard to the location of
their placement.
8. Social Services is authorized to cooperate fully with any federal, state, tribal, public, or
private agency in order to participate in any foster care, shelter care, treatment, or training
programs, and to receive grants-in-aid to carry out the purposes of this Code. This
authority is subject to the approval of the White Earth Band of Ojibwe Tribal Council if it
involves an expenditure of tribal funds.
9. The Children’s Court shall utilize the social services furnished by any tribal, federal, or
state agency, provided the services are economically administered without unnecessary
duplication or expense.
10. Social Services may negotiate contracts with tribal, federal, or state agencies or their
departments on behalf of the White Earth Band of Ojibwe Tribal Council for the care and
placement of the children before the Children’s Court, subject to the approval of the
White Earth Band of Ojibwe Tribal Council before the expenditure of tribal funds.
§ 1.10 Children’s Court Personnel
1. Children’s Court Judge
a. The Chief Judge of the White Earth Tribal Court or his or her designee shall serve
as Children’s Court Judge.
b. In carrying out duties and powers specifically enumerated under this Child/Family
Protection Code, judges of the Children’s Court shall have the same duties and
powers as judges of the Tribal Court, including but not limited to, the contempt
power, the power to issue arrest or custody warrants, and the power to issue
search warrants.
c. The Children’s Court Judge shall ensure that, whenever possible, the Seven
Grandfather teachings of debwewin, zoongide ’win, gwayakwaadiziwin,
managji’idiwin, zaagi ‘idiwin, nibwaakaawin, and dabasendizowin, are
incorporated into the proceedings and used as a backdrop for the decisions made
18
under this Code.
d. The rules on disqualification or disability of a Children’s Court judge shall be the
same as those rules that govern Tribal Court judges in the White Earth Judicial
Code and Code of Judicial Conduct.
2. Juvenile Counselors and Juvenile Probation Officers
a. The Children’s Court Judge may appoint juvenile counselors or juvenile probation
officers to carry out the duties and responsibilities set forth in this Code. The
persons carrying out the duties and responsibilities set forth in this Section may be
labeled “juvenile counselors” or “juvenile probation officers” or any other title the
Court finds appropriate so long as they perform the duties and responsibilities set
forth in this Section.
b. The juvenile counselor must have an educational background or prior experience
in the field of delivering social services to Indian youth.
c. The juvenile counselor shall identify and develop resources on the Reservation, in
conjunction with the Children’s Court and the Tribal Council, to enhance each
child’s potential as a viable member of the tribal community.
d. The juvenile counselor or juvenile probation officer shall:
i. Make investigations as provided in this Code or as directed by the Court;
ii. Make reports to the Court as provided in this Code or as directed by the
Children’s Court;
iii. Provide counseling services, if appropriate; and
iv. Perform other duties in connection with the care, custody or transportation
of children as the Court may require.
3. Gezhaanaajig Nejanisug (Those who guard Children)
a. At any stage of the proceedings conducted under this Code, the Children’s Court
may appoint separate counsel or spokesperson for the child to act as a
gezhaanaajig nejanisug (those who guard children) representing the child’s best
interests.
b. The gezhaanaajig nejanisug should dabasendizowin (humility), demonstrate
sensitivity and compassion towards others, while always keeping the child’s best
interest at the forefront of any action.
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c. Appointing the gezhaanaajig nejanisug for the child will not affect the right to
counsel of the parents, guardians, or other legal custodians.
d. The gezhaanaanjig nejanisug shall have the following duties:
i.
il.
ili.
iv.
to represent and advocate for the child’s best interests by participating in
appropriate aspects of the case and advocating for appropriate community
services when necessary;
monitor the child’s best interests throughout the judicial proceedings;
conduct an independent investigation to determine the facts relevant to the
situation of the child and the family, which must include, unless
specifically excluded by the Court, reviewing relevant documents;
meeting with and observing the child in the home setting and considering
the child’s wishes, as appropriate; and interviewing parents, caregivers,
and others with knowledge relevant to the case;
present written reports on the child’s best interests that include
conclusions and recommendations and the facts upon which they are
based; and
maintain the confidentiality of information related to a case, with the
exception of sharing information as permitted by law to promote
cooperative solutions that are in the best interests of the child;
e. The Court shall adopt rules outlining the process for the appointment,
qualification, and procedures to be utilized by the gezhaanaajig nejanisug.
f. Any individual appointed as a gezhaanaajin nejanisug by the Children’s Court
shall be subject to the Rules of Judicial Conduct for the White Earth Tribal Court.
4. Additional Court Personnel
The Court may set qualifications and appoint additional juvenile Court personnel such as
court appointed special advocates, Children’s Court advocates, or referees whenever the
Court decides that it is appropriate to do so.
§ 1.11 Child Protection Workers
1. Child protection workers may be employed by the Giizhawaaso (Indian Child Welfare)
Department or the tribal law enforcement department.
2. The departments may cooperate with state and community agencies as necessary to
achieve the purposes of this Code. The departments may negotiate working agreements
20
with other jurisdictions. These agreements shall be subject to ratification by the Tribal
Council or its designate.
3. The qualifications of a child protection working shall be set by the Giizhawaaso
Department in rules promulgated by the Department Director. The tribal qualifications
for a child protection worker, including a staff member who completes intakes, shall
supersede any requirement or qualification set by state or local law.
4. A child protection worker shall:
a.
Recognize that children are the Tribe’s most sacred resource, and must be treated
with zaagi ‘idiwin, love, and manaaji ’idiwin, respect, at all times.
Receive reports of abused, abandoned, or neglected children and be prepared to
provide temporary emergency foster care for children on a 24 hour basis;
Receive from any source oral or written information regarding a child who may
be in need of protective services;
Upon receipt of any report or information that a child is in imminent danger or
harm, the Giizhawaaso Department shall immediately:
i. notify the appropriate law enforcement agency; and
ii. make a prompt and thorough investigation which shall include a
determination of the nature, extent, and cause of any condition which is
contrary to the child’s best interests and the name, age, and condition of
other children in the home.
Take a child into temporary custody if there are reasonable grounds to believe that
child is suffering from illness or injury or is in immediate danger from his or her
surroundings and that his or her removal is necessary. Law enforcement officials
shall cooperate with social services personnel to remove a child from the custody
of his or her parents, guardian, or custodian when necessary;
Evaluate and assess the home environment of the child or children in the same
home and the risk to the children if they continue to be subjected to the existing
home environment, and all other facts or matters found to be pertinent. They shall
determine whether any of the children is a child in need of protective services.
Every effort shall be made to provide services to the family to ensure the safety of
the child while remaining in the home;
Offer to the family of any child found to be a child in need of protective services
appropriate services which may include, but shall not be restricted to, protective
services; and
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h. Submit a written report of his or her investigation and evaluation to the juvenile
presenting officer and to a central registry maintained by the departments within
ten days after a referral of a juvenile assessed as a child in need of protective
services.
5. No child shall remain in temporary custody for a period exceeding 72 hours, excluding
Saturdays, Sundays and holidays, unless a CHIPS petition is filed.
6. Before offering protective services to a family, a worker must inform the family that he
or she has no legal authority to compel the family to receive services and of his or her
authority to initiate a petition in the Children’s Court.
7. Ifthe family declines the offered services, the worker may initiate a CHIPS petition in the
Children’s Court alleging a child in need of protective services if he or she believes it is
to be in the child’s best interest.
§ 1.12 Child Protection Team
1. The Tribe may establish a child protection team.
a. Establishment of the child protection team is an attempt to prevent Indian children
from being abused, abandoned, or neglected.
b. In cases where children have been abused, abandoned or neglected, efficient and
effective protective services shall be provided to immediately secure the
children’s health and safety.
c. Follow-up actions shall then to be taken to stabilize the circumstances for the
long-term benefit of the children and, to the extent possible, their family members
and community.
2. Prevention of child abuse, abandonment, and neglect is to be emphasized.
a. The child protection team is intended to facilitate the identification of warning
signs which will prompt immediate intervention and preventive actions to be
taken.
b. When a child’s well-being is found to be endangered, the child protection team
should initiate protective services as promptly, efficiently, and effectively as
possible. These services are to be provided so as to ensure the child’s immediate
safety and health.
c. Once attained, to the extent possible, actions are to be taken to correct the
problems that caused the abuse, abandonment, or neglect and prevent it from
occurring again.
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d. The child protection team should facilitate the development and implementation
of a plan to promote the long-term well-being of the child and his or her family
members.
3. The child protection team is technical and advisory in nature. In no way is it intended to
undermine the authorities and responsibilities of individual agencies. Members of the
child protection team should strive to ensure that all agencies and departments in
connection with this Code gwayakwaadiziwin, are correct and straight in everything they
do, in order to facilitate the best possible outcome for the child and family involved.
a.
Cc.
It is designed to promote cooperation, communication, and consistency among
agencies.
It is appropriate for the child protection team to debate what actions would best
promote the well-being of a child in the context of Tribal customs and provide
relevant information and advice to decision-making agencies.
The child protection team shall facilitate, not hinder, the decision-making process.
4. The child protection team shall provide oversight by:
a.
d.
€.
Monitoring child abuse, abandonment, and neglect reports to ensure that adequate
preventive, protective, and corrective services are provided;
Reviewing and tracking all child abuse, abandonment, and neglect cases that have
been referred to the Children’s Court;
Investigating cases to determine whether the best interests of the child are being
met;
Continually reviewing case plans for their adequacy; and
Maintaining confidentiality of information between all parties involved.
5. The child protection team shall facilitate the provision of services by:
Accepting child abuse, abandonment, and neglect referrals;
Assigning individual case managers to track cases;
Identifying and suggesting available Tribal community resources, programs, and
services;
Providing recommendations to various pertinent agencies;
Promoting cooperation, communication, and consistency among agencies;
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Providing a forum for debating what actions would best promote the well-being of
Tribal and Indian children in a culturally sensitive manner; and
Responding to informational inquiries from the community, area child protection
teams, and other individuals and groups.
6. The child protection team shall provide technical assistance by:
a.
Developing procedures to provide efficient preventive, protective, and corrective
child abuse, abandonment, and neglect services;
Developing standards to determine which cases are to be investigated;
Providing information and technical recommendations to decision-making
agencies;
Educating communities about child abuse, abandonment, and neglect problems
and culturally appropriate solutions;
Identifying warning signs which prompt intervention or preventive actions;
Assisting in the development and implementation of plans to promote the longterm well-being of Tribal children and their families; and
Assisting in the development and implementation of strategies by Tribal
communities to create environments that provide opportunities for community
members to lead meaningful, productive, self-fulfilling, and rewarding lives.
These environments should promote the dignity, self-worth, self-respect, and selfsufficiency of all Tribal community members and Tribal children.
§ 1.13 Membership Eligibility Determinations
The Giizhawaaso (Indian Child Welfare) Department shall be the agency responsible for
determining whether a child is eligible for membership in the White Earth Nation, to the extent
that the determination is necessary for an applicable child custody proceeding in accordance with
the Indian Child Welfare Act, 25 U.S.C. § 1901, et. seg. (2012).
§ 1.14 Records Concerning Children
1. The case record of every child under the supervision of, or in the custody of, the
Children’s Court must be maintained in a complete and accurate manner. The case record
must, at minimum, contain the child’s case plan; the full name and street address of all
shelters, foster parents, group homes, treatment facilities, or locations where the child has
been placed; and a record of all judicial hearings and orders concerning the case.
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. Children’s Court records and files and law enforcement records and files concerning a
child shall be kept separate from the records and files of adults.
. The Court shall make official records, consisting of all petitions and orders filed in a case
arising pursuant to this Code and any other pleadings, certificates, proofs of publication,
summonses, warrants, and any other writs that may be filed.
. The Court shall keep records of all cases brought before it pursuant to this Code and shall
preserve the records pertaining to a child in need of protection and/ or services until 10
(ten) years after the file was closed.
. Records of cases where orders were entered permanently depriving a parent of the
custody of a juvenile shall be preserved permanently.
. Notwithstanding any other provision of this Code, out of manaaji ’idiwin, respect, for the
child and his or her family, all records in a child’s case record, including law enforcement
records, shall be confidential and made available, upon request and at no cost, for
inspection only to:
a. The child who is the subject of the record;
i. The Children’s Court may release the information in a manner and setting
that are appropriate to the age and maturity of the child and the nature of
the information being released;
ii. The release of information may need to be released in a therapeutic
setting; but
iii. This Subsection does not deny the child access to his or her own records.
b. The child’s parents, guardian, custodian, or other individuals legally responsible
for the child;
c. The preadoptive parents, who shall only have access to Children’s Court records;
d. The child’s counsel;
e. The child’s gezhaanaajig nejanisug (those who guard children);
f. Children’s Court or law enforcement personnel directly involved in the handling
of the case;
g. Any other person by order of the Court having a legitimate interest in the
particular case; and
h. The Giizhawaaso (Indian Child Welfare) Department.
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7.
The Children’s Court shall have the options to place certain records under protective seal
for purposes of preserving anonymity or preventing unnecessary risk to the health, safety,
or welfare of the child.
If the Children’s Court determines that sharing information in the child’s case record is
necessary to ensure access to appropriate services for the child, the Court may approve
the release of confidential records or information contain within them, provided the party
receiving the information may not release it to another entity without explicit Court
permission.
§ 1.15 Oaths: Confidential Information
1,
The judge, clerks or deputy clerks, bailiffs, or authorized agents of the White Earth Band
of Ojibwe Police Department shall have the power to administer oaths and affirmations.
All information obtained pursuant to this Code in the discharge of official duty by any
judge, court staff, authorized employee of a Giizhawaaso (Indian Child Welfare)
Department, or tribal law enforcement agent is confidential and may not be disclosed to
anyone other than those named in Chapter 1, Section 1.14(6).
All orders of the Court entered pursuant to this Code shall be in writing and signed by the
judge, except that the clerk or deputy clerk may sign a summons or notice to appear.
No court record of proceedings under this Code shall be admissible in evidence in any
other civil or criminal proceeding, except that:
a. Records of proceedings under this Code forming a part of the record on appeal
shall be used in the White Earth Band of Ojibwe Appellate Court;
b. Records necessary shall be admissible in evidence in any case in which a person
is being tried upon a charge of having committed perjury;
c. A final order entered pursuant to an adjudicatory hearing is admissible in
evidence in any subsequent civil proceeding relating to the placement of, access
to, parent time with, adoption of, or parental rights and responsibilities for the
same child or a sibling of that child; and
d. Evidence admitted in any proceeding under this Code may be admissible in
evidence when offered by any party in a subsequent civil proceeding relating to
the placement of, access to, parental time with, adoption of, or parental rights and
responsibilities for the same child or a sibling of that child if:
i. Notice is given to the opposing party or opposing party’s counsel of the
intent to offer the evidence and a copy of the evidence is delivered to the
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opposing party or the opposing party’s counsel; and
ii. The evidence is otherwise admissible in the subsequent civil proceeding.
5. Final orders, records, and evidence in any proceeding under this Code that are
subsequently admitted in evidence pursuant to Chapter 1, Section 1.15(4) remain subject
to the confidentiality requirements in Chapter 1, Section 1.14(6).
§ 1.16 Permanent Mailing Address Designation
1. Upon the first appearance before the Court, each party shall provide to the Court a
permanent mailing address where the party frequently receives mail.
2. The Court shall advise each party that this address will be used by the Court and the
petition for notice purposes unless and until the party notifies the Court and the petition
in writing of a new mailing address.
§ 1.17 Court and Witness Fees
In all proceedings under this Code, no Court fees shall be charged against, and no witness
fees shall be allowed to, any party to a petition or any parent or legal custodian or child
named in a summons.
§ 1.18 Right to Counsel
1. At each stage of the proceedings under this Code, the Court shall advise the legal parents
of their right to counsel. The Court shall ascertain whether the right to counsel is
understood.
2. The Court shall appoint counsel for indigent parents.
3. When right to counsel is waived, the Court shall determine whether the waiver is
knowing and intelligent.
a. The Court shall enter its findings on the record with respect to the appointment or
waiver of counsel for indigent parents or the waiver of counsel by non-indigent
parents.
b. A waiver of counsel may not be accepted if it appears that the parent is unable to
make an intelligent and understanding choice because of mental condition, age,
education, experience, the nature or complexity of the case, or other factors.
c. A waiver of counsel made in Court must be of record.
d. Ifa waiver of counsel is accepted at any hearing or proceeding, the offer of
assistance of counsel may be renewed by the Court at each subsequent stage of
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the proceedings at which the parent appears without counsel.
4. Once counsel has entered an appearance or been appointed by the Court to represent the
parent of the child, the attorney shall continue to represent the parent throughout the
proceedings. If the attorney-client relationship is discontinued, the Court may advise the
parent of the right to have new counsel retained or appointed for the remainder of the
proceedings.
5. This Section does not apply to any parent who has voluntarily executed a written
surrender of the child and consents to the entry of a court order terminating parental
tights.
§ 1.19 Compensation for Appointed Counsel
If counsel is entitled to receive compensation for representation pursuant to a court
appointment in a proceeding pursuant to this Code, compensation shall be paid in
accordance with court policies.
§ 1.20 Time Limitations; Continuations
1. Time is of the essence for a child in the protective system, and for reunification or
establishing another permanency option for the child. In order to show manaaji ‘idiwin,
respect, to the child, time limitations are a right that may not be waived, but only
extended or continued at the request of a party and approved by the Children’s Court.
2. Good cause may include the following:
a. Periods of delay resulting from a continuance granted at the request of the child’s
counsel or the child’s gezhaanaajig nejanisug (those who guard children), or, if
the child is of sufficient capacity to express reasonable consent, at the request or
with the consent of the child;
b. Periods of delay resulting from a continuance granted at the request of any party if
the continuance is granted because of:
i. An unavailability of evidence that is material to the case, if the requesting
party has exercised due diligence to obtain evidence and there are
substantial grounds to believe that the evidence will be available within
thirty days;
ii. Allowing the requesting party additional time to prepare the case and
additional time is justified because of an exceptional circumstance
including, but not limited to, natural disasters, unexpected death of a party,
unexpected death of legal counsel or gezhaanaajig nejanisug (those who
guard children);
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3.
iii. Reasonable periods of delay necessary to accomplish notice of the hearing
to any required party to the case; or
iv. Evidence unable to be procured due to its use in an impending criminal
investigation;
In order to expedite permanency goals for a child (see Permanency Goals in § 1.05(73) of
this Chapter), the total time allowed for continuances should be limited by the judge to
those that are reasonable and necessary, keeping in mind the requirements of this Section
1.20, Subd.1, above.
A continuance or an extension of time is limited to the number of days absolutely
necessary to complete a necessary task in order to preserve the rights of a party or the
best interests of a child.
CHAPTER TWO—REPORTING CHILD ABUSE, ABANDONMENT, OR
NEGLECT
§ 2.01 Mandatory Duty to Report
1.
Any person who knows, or has reasonable cause to suspect, that a child is abused,
abandoned, or neglected by any person or that a child is in need of supervision and care
and is not receiving appropriate supervision and care shall have zoongide ‘win, a strong
heart, and report this knowledge or suspicion to the Giizhawaaso (Indian Child Welfare)
Department or tribal law enforcement department.
Reporters in the following occupation categories are required to provide their names
within the report, although they will be held confidential:
a. Physician, osteopathic physician, medical examiner, chiropractic physician,
dentist, optometrist, nurse, or any other medical or mental health professional or
personnel engaged in the admission, examination, care, or treatment of persons;
b. Practitioner who relies solely on spiritual or traditional cultural means for healing;
c. School teacher or other school official or personnel;
d. Social worker, preschool or day care center worker, or other professional child
care, foster care, residential, or institutional worker;
e. Law enforcement officer;
f. Judge, attorney, court counselor, clerk of the court, or other judicial system
official (subject to the Rules of Professional Responsibility;
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.