Oneida Business Committee (2022)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

July 6, 2022

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. June 15, 2022 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Healing to Wellness Court Law (pg. 4)

2. Children’s Code Amendments (pg. 28)

IV.

New Submissions

1. Eviction and Termination Law Amendments (pg. 85)

2. Emergency Management Law Amendments (pg. 94)

Additions

1. Elder Assistance Program Law (pg. 102)

2. Oneida Nation Assistance Fund Application Submission Period and Disbursement

Timeframe for 2022 Resolution (pg. 127)

3. Election Law Emergency Amendments (pg. 131)

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\

mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

June 15, 2022

9:00 a.m.

Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Marie Summers, Daniel Guzman

King

Others Present: Clorissa N. Santiago, Grace Elliot, Carolyn Salutz, Brooke Doxtator, Lawrence

Barton, Amy Spears (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Joy Salzwedel

(Microsoft Teams), Michelle Schneider (Microsoft Teams), Kristal Hill (Microsoft Teams),

Rhiannon Metoxen (Microsoft Teams), Rae Skenandore (Microsoft Teams), Katsitsiyo Danforth

(Microsoft Teams)

Call to Order and Approval of the Agenda

David P. Jordan called the June 15, 2022, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marie Summers to adopt the agenda as is; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

1. June 1, 2022 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the June 1, 2022, LOC meeting minutes and forward

to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried

unanimously.

III.

Current Business

1. Elder Assistance Program Law

Motion by Marie Summers to approve the updated public comment review memorandum

(with noted change), draft, legislative analysis, and fiscal impact statement request

memorandum, and forward to the Finance Department directing that a fiscal impact

statement be prepared and submitted to the LOC by July 14, 2022; seconded by Jennifer

Webster. Motion carried unanimously.

IV.

New Submissions

1. Oneida Personnel Policies and Procedures: Designation of Juneteenth as a Paid

Holiday

Motion by Kirby Metoxen to accept the request as information to be discussed during the

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Legislative Operating Committee Meeting Minutes of June 15, 2022

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current development of amendments to the Oneida Personnel Policies and Procedures;

seconded by Jennifer Webster. Motion carried unanimously.

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Marie Summers to adjourn at 9:14 a.m.; seconded by Daniel Guzman King.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of June 15, 2022

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

July 6, 2022

Healing to Wellness Court Law

Submission Date:12/20/17

LOC Sponsor: Daniel Guzman King

Public Meeting: 5/4/22

Emergency Enacted: n/a

Summary: This item was carried over from last term. The request to a develop a Wellness Court law

came from the Tribal Action Plan (TAP)- Laws and Policies Sub-Committee in December 2017. A Wellness

Court brings together alcohol and drug treatment, community healing resources, and the tribal justice

process by using a team approach to achieve the physical and spiritual healing of the individual

participant, and to promote Native Nation building and the well-being of the community.

10/7/20 LOC: Motion by Kirby Metoxen to add the Wellness Court Law to the Active Files List with Daniel

Guzman King as the sponsor; seconded by Jennifer Webster. Motion carried unanimously.

11/18/20:

THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter

(NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court

Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Jennifer

Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon

Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon.

John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Joel Maxam, Tsyoslake

House, Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness

Court Planning Initiative (THTWCPI) Training presented by the National Association of Drug

Court Professionals (NADCP) held through Microsoft Teams.

11/19/20:

THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter

(NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court

Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Deborah

Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon. John Powless,

Hon. Patricia Hoeft, Simone Ninham, Joel Maxam, Wesley Martin, Gerald Hill. The group

participated in the Tribal Healing to Wellness Court Planning Initiative (THTWCPI) Training

presented by the National Association of Drug Court Professionals (NADCP) held through

Microsoft Teams.

11/20/20:

THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter

(NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court

Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Jennifer

Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon

Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon.

John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Tsyoslake House,

Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness Court

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Planning Initiative (THTWCPI) Training presented by the National Association of Drug Court

Professionals (NADCP) held through Microsoft Teams.

1/6/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. Layatalati Hill, Hon. John

Powless, Hon. Patricia Hoeft, Simone Ninham, Deborah Thundercloud, Mari Kriescher,

Tsyoslake House, Wesley Martin, Gerald Hill, Kristal Hill, Rhiannon Metoxen, Bridget

Mendolla-Cornelius, Chelsea Place. This work meeting was held through Microsoft Teams.

The purpose of this work meeting was to begin the development of the Nation’s Wellness

Court law by reviewing an initial draft based off of other Tribal Healing to Wellness Court

laws to serve as an outline for discussion. The drafting attorney will schedule another work

meeting to continue the review of the draft.

1/20/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. Layatalati

Hill, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Tsyoslake House, Wesley Martin,

Gerald Hill, Kristal Hill, Rhiannon Metoxen, Chelsea Place. This work meeting was held

through Microsoft Teams. The purpose of this work meeting was to continue review and

discussion of the Wellness Court law draft.

1/28/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to discuss a plan for moving

this item forward through the legislative process.

2/5/21:

Work Meeting. Present: Clorissa N. Santiago, Hon. Layatalati Hill, Hon. Patricia Hoeft,

Simone Ninham. This was a work meeting held through Microsoft Teams. The purpose of this

work meeting was to provide the Judiciary an opportunity to provide input on the development

of the Wellness Court law.

3/2/21:

Work Meeting. Present: Daniel Guzman King, Clorissa N. Santiago, Eric Boulanger, Joel

Maxam, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Leslie

Doxtator, Renita Hernandez, Deborah Thundercloud, Tsyoslake House, Wesley Martin,

Gerald Hill. This was a work meeting held through Microsoft Teams. The purpose of this

work meeting was to review the various objectives for “TAP, Goal 4: Create and implement

a comprehensive Justice System that includes a Wellness Court and a rehabilitative

corrections system” and set a process for moving forward with work meetings.

3/16/21:

Work Meeting. Present: Daniel Guzman King, Clorissa N. Santiago, Eric Boulanger, Joel

Maxam, Hon. John Powless, Simone Ninham, Mari Kriescher, Leslie Doxtator, Renita

Hernandez, Wesley Martin. This was a work meeting held through Microsoft Teams. The

purpose of this work meeting was to review and discuss potential eligibility requirements for

the Wellness Court.

5/18/21:

Work Meeting. Present: Clorissa N. Santiago, Hon. John Powless, Hon. Patricia Hoeft, Simone

Ninham, Mari Kriescher, Leslie Doxtator, Renita Hernandez, Robert Brown. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to review and

discuss Wellness Court phase considerations.

1/19/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Kristen Hooker, Kristal Hill.

This was a work meeting held through Microsoft Teams. The purpose of this work meeting

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was to review the updated and simplified draft of the Wellness Court law and determine the

next steps for moving this legislative item forward.

1/27/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Kristen Hooker, Rhiannon

Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric

Boulanger. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was to review updated and simplified draft of the Wellness Court law with the larger

group, as well receive an update from the Judiciary on the progress of the internal policies and

procedures for the Wellness Court.

2/10/22:

Work Meeting. Present: Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Clorissa N.

Santiago, Carmen Vanlanen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft,

Simone Ninham, Eric Boulanger, Joel Maxam, Kristal Hill. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to review the two issues

identified in the last work meeting (closed court vs. open court, and court of record vs. not a

court of record), as well as review and discuss some suggested revisions from the Judiciary.

2/16/22 LOC: Motion by Marie Summers to approve the draft of the Healing to Wellness Court law and

direct that a legislative analysis be developed; seconded by Kirby Metoxen. Motion carried

unanimously.

3/16/22 LOC: Motion by Jennifer Webster to approve the legislative analysis for the Healing to Wellness

Court law; seconded by Marie Summers. Motion carried unanimously.

3/31/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon

Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was to review the public meeting notice for this law.

4/6/22 LOC:

Motion by Jennifer Webster to approve the public meeting packet and forward the Healing to

Wellness Court law to a public meeting to be held on May 4, 2022; seconded by Marie

Summers. Motion carried unanimously.

5/4/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting

held through Microsoft Teams. The purpose of this work meeting was to prepare for this

afternoon’s public meeting.

5/4/22:

Public Meeting Held. Present: Daniel Guzman King, Marie Summers, Brooke Doxtator,

Clorissa N. Santiago, David P. Jordan (Microsoft Teams), Alebra Metoxen (Microsoft

Teams), Diana Hernandez (Microsoft Teams), Michelle Myers (Microsoft Teams), Rhiannon

Metoxen (Microsoft Teams), Kristal Hill (Microsoft Teams), Tsyoshaat Delgado (Microsoft

Teams), Stephanie Reinke (Microsoft Teams), Joy Salzwedel (Microsoft Teams). The public

meeting for the proposed Healing to Wellness Court law was held in person in the Norbert

Hill Center and on Microsoft Teams. Two (2) individuals provided public comment during

the public meeting on Microsoft Teams.

5/11/22:

Public Comment Period Closed. One (1) submission of written comments was received

during the public comment period.

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5/18/22 LOC: Motion by Marie Summers to accept the public comments and the public comment review

memorandum and defer these items to a work meeting for further consideration; seconded by

Jennifer Webster. Motion carried unanimously.

5/18/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie

Summers, Kirby Metoxen, Clorissa N. Santiago. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to review and consider the public

comments that were received.

6/1/22 LOC:

Motion by Jennifer Webster to approve the updated public comment review memorandum,

draft, and updated legislative analysis; seconded by Kirby Metoxen. Motion carried

unanimously.

Motion by Marie Summers to approve the fiscal impact statement request memorandum and

forward to the Finance Department directing that a fiscal impact statement be prepared and

submitted to the LOC by June 15, 2022 1; seconded by Jennifer Webster. Motion carried

unanimously.

Next Steps:

 Approve the adoption packet for the Healing to Wellness Court law and forward to the Oneida

Business Committee for consideration.

LOC later subsequently agreed to amend the due date of this FIS for the Healing to Wellness Court law to

A good mind. A good heart. A strong fire.

June 29, 2022, at the request of the Finance Department.

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ONEIDA

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Oneida Nation

=DDODDD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

David P. Jordan, LOC Chairperson

July 13, 2022

Adoption of the Healing to Wellness Court Law

Please find the following attached backup documentation for your consideration of the adoption

of the Healing to Wellness Court law:

Resolution: Adoption of the Healing to Wellness Court Law

Statement of Effect: Adoption of the Healing to Wellness Court Law

Healing to Wellness Court Law Legislative Analysis

Healing to Wellness Court Law

Healing to Wellness Court Law Fiscal Impact Statement

Overview

On October 7, 2020, the Legislative Operating Committee added the Healing to Wellness Court

law to its Active Files List. The Healing to Wellness Court law had been carried over from the last

Legislative Operating Committee term, with it originally added to the Active Files List in

December 2017. The purpose of the Healing to Wellness Comi law is to establish the Nation's

Healing to Wellness Court to:

■ · offer intensive case management, treatment, and court supervision to individuals who

committed an offense directly or indirectly related to a substance abuse or addiction issue;

■

provide access to holistic, structured, and phased substance abuse treatment and

rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho tA (Our

Ways);

■

create inttagovernmental and intergovernmental collaborative teams to interact with each

participant; and

■

encourage and support each participant in the goal of their recove1y to lead lawful

productive lives free of substance abuse and addiction. [8 0. C. 808.1-1].

This resolution adopts the Healing to Wellness Court law which will:

■

Establish the Healing to Wellness Court as a division of the Trial Court and delegate

jurisdiction to the Healing to Wellness Court for matters related to substance abuse and

addiction, and any matter arising under this law [8 O.C. 808.4-1, 808.4-2];

■

Delegate authority to the Healing to Wellness Court to collaborate and enter into

intergovernmental agreements with other comis of competent jurisdiction that exercise

concurrent jurisdiction [8 0. C. 808. 4-2];

■

Establish the Healing to Wellness Comi team, comprised of a Trial Comi Judge, Court

Coordinator, Oneida Police Department Officer, representative from Probation, Substance

Abuse Treatment provider, representative of Oneida culture and heritage, and any other

Page 1 of 2

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■

member as determined by the Team, and provide how any revisions to the composition of

the Healing to Wellness Court team are made [8 0. C. 808. 4-3];

Delegate authority to the Healing to Wellness Court to establish policies and procedures

governing the operation and implementation of the Healing to Wellness Court program [8

o.c. 808.5-1};

Provide that all Healing to Wellness Court Team meetings and hearings are closed to the

public, and held in accordance with the policies and procedures created by the Court [8

O.C. 808.5-2, 808.5-3}; and

Provide that the Healing to Wellness Court is a non-adversarial forum, not a court of record,

where the Oneida Judiciary Rules of Evidence and Civil Procedure do not apply [8 0. C.

808.5-4, 808.5-6, 808.5-7].

The Legislative Operating Committee developed the Healing to Wellness Court law through

collaboration with representatives from the Oneida Nation Judiciary Trial Court, Oneida Police

Department, Tribal Action Plan (TAP), Oneida Behavioral Health, Depaiiment of Corrections Probation, and the Legal Resource Center. The Legislative Operating Committee held fifteen (15)

work meetings on the development of this law and also participated in a three (3) day Tribal

Healing to Wellness Court Planning Initiative Training presented by the National Association of

Drug Comi Professionals in November 2020.

In accordance with the Legislative Procedures Act, a public meeting on the proposed Healing to

Wellness Court law was held on May 4, 2022. Two (2) individuals provided oral comments during

the public meeting. The public comment period was then held open until May 11, 2022. The

Legislative Operating Committee received one (1) submission of written comments during the

public comment period. All public comments received were accepted, reviewed, and considered

by the Legislative Operating Committee on May 18, 2022. Any changes made based on those

comments have been incorporated into this draft.

Requested Action

Adopt the Resolution: Adoption of the Healing to Wellness Comi Law

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ONEIDA

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Adoption of the Healing to Wellness Court Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the purpose of the Healing to Wellness Court law (“the Law”) is to establish the Nation’s

Healing to Wellness Court to: offer intensive case management, treatment, and court

supervision to individuals who committed an offense directly or indirectly related to a

substance abuse or addiction issue; provide access to holistic, structured, and phased

substance abuse treatment and rehabilitation services that incorporate culture, tradition,

and Tsi Niyukwaliho t^ (Our Ways); create intragovernmental and intergovernmental

collaborative teams to interact with each participant; and encourage and support each

participant in the goal of their recovery to lead lawful productive lives free of substance

abuse and addiction; and

WHEREAS,

it is the policy of the Nation to bring together community-healing resources with the Nation’s

justice system to work collaboratively with intragovernmental and intergovernmental

partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal

activity affecting the Nation’s community in an effort to promote life-long substance abuse

recovery and the reintegration of participants into the Oneida community; and

WHEREAS,

the Law establishes the Healing to Wellness Court as a division of the Trial Court and

delegates jurisdiction to the Healing to Wellness Court for matters related to substance

abuse and addiction, and any matter arising under this Law; and

WHEREAS,

the Law delegates authority to the Healing to Wellness Court to collaborate and enter into

intergovernmental agreements with other courts of competent jurisdiction that exercise

concurrent jurisdiction; and

WHEREAS,

the Law establishes the Healing to Wellness Court team, comprised of a Trial Court Judge,

Court Coordinator, Oneida Police Department Officer, representative from Probation,

Substance Abuse Treatment provider, representative of Oneida culture and heritage, and

any other member as determined by the Team, and provide how any revisions to the

composition of the Healing to Wellness Court team are made; and

WHEREAS,

the Law delegates authority to the Healing to Wellness Court to establish policies and

procedures governing the operation and implementation of the Healing to Wellness Court

program; and

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BC Resolution # _______

Adoption of the Healing to Wellness Court Law

Page 2 of 2

WHEREAS,

the Law provides that all Healing to Wellness Court Team meetings and hearings are

closed to the public, and held in accordance with the policies and procedures created by

the Healing to Wellness Court; and

WHEREAS,

the Law provides that the Healing to Wellness Court is a non-adversarial forum, where the

Oneida Judiciary Rules of Evidence and Oneida Judiciary Rules of Civil Procedure do not

apply; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on this proposed Law was held on May 4, 2022, and the public comment

period was held open until May 11, 2022; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered all public

comments received on May 18, 2022; and

NOW THEREFORE BE IT RESOLVED, that the Healing to Wellness Court law is hereby adopted and shall

become effective on July 27, 2022.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Adoption of the Healing to Wellness Court Law

Summary

This resolution adopts the Healing to Wellness Court law.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: June 30, 2022

Analysis by the Legislative Reference Office

This resolution adopts the Healing to Wellness Court law. The purpose of the Healing to Wellness

Court law is to establish the Nation’s Healing to Wellness Court to:

 offer intensive case management, treatment, and court supervision to individuals who

committed an offense directly or indirectly related to a substance abuse or addiction issue;

 provide access to holistic, structured, and phased substance abuse treatment and

rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our

Ways);

 create intragovernmental and intergovernmental collaborative teams to interact with each

participant; and

 encourage and support each participant in the goal of their recovery to lead lawful

productive lives free of substance abuse and addiction. [8 O.C. 808.1-1].

This resolution adopts the Healing to Wellness Court law which will:

 Establish the Healing to Wellness Court as a division of the Trial Court and delegate

jurisdiction to the Healing to Wellness Court for matters related to substance abuse and

addiction, and any matter arising under this law [8 O.C. 808.4-1, 808.4-2];

 Delegate authority to the Healing to Wellness Court to collaborate and enter into

intergovernmental agreements with other courts of competent jurisdiction that exercise

concurrent jurisdiction [8 O.C. 808.4-2];

 Establish the Healing to Wellness Court team, comprised of a Trial Court Judge, Court

Coordinator, Oneida Police Department Officer, representative from Probation, Substance

Abuse Treatment provider, representative of Oneida culture and heritage, and any other

member as determined by the Team, and provide how any revisions to the composition of

the Healing to Wellness Court team are made [8 O.C. 808.4-3];

 Delegate authority to the Healing to Wellness Court to establish policies and procedures

governing the operation and implementation of the Healing to Wellness Court program [8

O.C. 808.5-1];

 Provide that all Healing to Wellness Court Team meetings and hearings are closed to the

public, and held in accordance with the policies and procedures created by the Court [8

O.C. 808.5-2, 808.5-3]; and

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

Provide that the Healing to Wellness Court is a non-adversarial forum, not a court of record,

where the Oneida Judiciary Rules of Evidence and Civil Procedure do not apply [8 O.C.

808.5-4, 808.5-6, 808.5-7].

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The Healing to Wellness Court law complied with all processes and procedures required

by the LPA, including the development of a legislative analysis, a fiscal analysis, and the

opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,

109.7, 109.8].

A public meeting on the proposed Healing to Wellness Court law was held on May 4, 2022. Two

(2) individuals provided oral comments during the public meeting. The public comment period

was then held open until May 11, 2022. The Legislative Operating Committee received one (1)

submission of written comments during the public comment period. All public comments received

were accepted, reviewed, and considered by the Legislative Operating Committee on May 18,

2022. Any changes made based on those comments have been incorporated into this draft.

The Healing to Wellness Court law will become effective ten (10) business days after the adoption

of this resolution, on July 27, 2022, in accordance with the LPA. [1 O.C. 109.9-3].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Analysis to Draft 1 for OBC Consideration

2022 07 13

HEALING TO WELLNESS COURT LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Proposed Law

Purpose

Affected Entities

Related Legislation

Public Meeting

Fiscal Impact

 Establish the Healing to Wellness Court as a division of the Trial Court and

delegate jurisdiction to the Healing to Wellness Court for matters related to

substance abuse and addiction, and any matter arising under this law [8 O.C.

808.4-1, 808.4-2];

 Delegate authority to the Healing to Wellness Court to collaborate and enter

into intergovernmental agreements with other courts of competent jurisdiction

that exercise concurrent jurisdiction [8 O.C. 808.4-2];

 Establish the Healing to Wellness Court team, comprised of a Trial Court

Judge, Court Coordinator, Oneida Police Department Officer, representative

from Probation, Substance Abuse Treatment provider, representative of

Oneida culture and heritage, and any other member as determined by the Team,

and provide how any revisions to the composition of the Healing to Wellness

Court team are made [8 O.C. 808.4-3];

 Delegate authority to the Healing to Wellness Court to establish policies and

procedures governing the operation and implementation of the Healing to

Wellness Court program [8 O.C. 808.5-1];

 Provide that all Healing to Wellness Court Team meetings and hearings are

closed to the public, and held in accordance with the policies and procedures

created by the Court [8 O.C. 808.5-2, 808.5-3]; and

 Provide that the Healing to Wellness Court is a non-adversarial forum, not a

court of record, where the Oneida Judiciary Rules of Evidence and Civil

Procedure do not apply [8 O.C. 808.5-4, 808.5-6, 808.5-7].

The purpose of this law is to establish the Nation’s Healing to Wellness Court to:

 Offer intensive case management, treatment, and court supervision to

individuals who committed an offense directly or indirectly related to a

substance abuse or addiction issue;

 Provide access to holistic, structured, and phased substance abuse treatment

and rehabilitation services that incorporate culture, tradition, and Tsi

Niyukwaliho t^ (Our Ways);

 Create intragovernmental and intergovernmental collaborative teams to

interact with each participant; and

 Encourage and support each participant in the goal of recovery to lead lawful,

productive lives free of substance abuse and addiction [8 O.C. 808.1-1].

Oneida Nation Judiciary, Oneida Police Department, and Oneida Behavioral Health

Public Peace law, Judiciary law, Oneida Judiciary Rules of Civil Procedure, Oneida

Judiciary Rules of Evidence

A public meeting was held in accordance with the Legislative Procedures Act on

Wednesday, May 4, 2022, with a public comment period held open until May 11,

2022.

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act was provided by the Finance Department on June 29, 2022.

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SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The request to develop a Healing to Wellness Court law came from the Tribal Action

Plan (TAP)- Laws and Policies Sub-Committee in December 2017 and was originally added to the

Active Files List in December 2017. The Legislative Operating Committee then added the Healing to

Wellness Court law to the Active Files List this legislative term on October 7, 2020.

B. History of Drug Courts. The drug court movement started in the late 1980s to help combat an increase

in the number drug-related offenses and re-offenses that resulted in overcrowded jails and prisons,

which incarceration alone was not able to control. 1 Between 1980 and 2000, arrests for drug offenses

more than doubled. 2 Those who were imprisoned were not being treated for their substance abuse and

the underlying problems and were subjected to traumatization by the prison system and faced many

barriers upon release 3. The response to this issue was to develop a court approach that systematically

prioritized treatment in substance abuse cases. 4 A drug court is a special court docket to which cases

involving alcohol and other substance abusing offenders are assigned for intensive supervision and

treatment. 5 Drug courts are distinguished by several features, such as expedited case processing,

outpatient treatment, and support services (e.g., job placement and housing services). 6

C. Development of Healing to Wellness Courts in Native Nations. Native nations were looking to develop

a court that would help confront intergenerational substance abuse issues while avoiding the term “drug

court”, thus developing the term “healing to wellness court”. This term referred to the healing and

wellness aspects of this approach, along with the idea that wellness is an ongoing journey. 7 In August

2003, state and national drug court efforts were used to help draft tribal-specific healing to wellness

court curriculums. The newly developed Healing to Wellness Courts were not simply tribal courts that

heard cases involving substance abuse but were special court docket-collaboratives that partnered with

service providers to create a program for participants that included extensive supervision and

treatment. 8 Tribal Healing to Wellness courts are guided by the Tribal Ten Key Components, which

are the fundamental essentials of the drug court concept that were adjusted to reflect the tribal notions

of healing and wellness, particularly the concept of a healing to wellness journey and the collaboration

involved. 9

SECTION 3. CONSULTATION AND OUTREACH

A. The following departments within the Nation participated in the development of this Law and

legislative analysis:

 Oneida Nation Judiciary;

 Oneida Police Department:

 Oneida Behavioral Health;

U.S. Department of Justice Office of Justice Programs, “Tribal Healing to Wellness Court: The Key Components,”

(April 2003).

Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”.

Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021).

Id.

Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”.

Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021).

Id.

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 Tribal Action Plan (TAP);

 Legal Resource Center;

 General Manager; and

 Oneida Business Committee.

B. The following groups outside of the Nation were consulted in the drafting of this law and analysis:

 Tribal Law and Policy Institute;

 National Association of Drug Court Professionals (NADCP);

 Wisconsin Department of Corrections; and

 Wisconsin Statewide Treatment Court Coordinator.

C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the

drafting of this Law and analysis:

 Ho-Chunk Nation Healing to Wellness Court Code;

 Cherokee Tribal Drug Court Code of Ordinances;

 Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians Wellness Court Tribal

Code;

 Fort Peck Wellness Court Code;

 Penobscot Nation Healing to Wellness Court Program Procedures;

 Poarch Band Creek of Indians Healing to Wellness Court Code;

 Swinomish Tribal Court Code;

 Fort McDowell Yavapai Nation Law and Order Code;

 Winnebago Tribal Traditional Wellness Court Code; and

 Tlingit and Haida Indian Tribes of Alaska Wellness Court Code.

SECTION 4. PROCESS

A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).

 On October 7, 2020, the Legislative Operating Committee added this Law to its Active

Files List.

 On February 16, 2022, the Legislative Operating Committee approved the draft of this law

and directed that a legislative analysis be developed.

 On March 16, 2022, the Legislative Operating Committee approved the draft of the

legislative analysis.

 On April 6, 2022, the Legislative Operating Committee approved the public meeting packet

and forwarded the Healing to Wellness Court law to a public meeting to be held on May 4,

2022.

 On May 4, 2022, the public meeting was held in person in the Norbert Hill Center and on

Microsoft Teams. Two (2) individuals provided public comment during the public meeting

via Microsoft Teams.

 On May 11, 2022, the public comment period closed. One (1) submission of written

comments was received during the public comment period.

 On May 18, 2022, the Legislative Operating Committee accepted the public comments and

the public comment review memorandum and deferred these items to a work meeting for

further consideration.

 On June 1, 2022, the Legislative Operating Committee approved the updated public

comment review memorandum, draft, and updated legislative analysis. The Legislative

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Operating Committee also approved the fiscal impact statement request memorandum and

forwarded the request memorandum to the Finance Department directing that a fiscal

impact statement be prepared and submitted to the Legislative Operating Committee by

June 15, 2022.

 On June 1, 2022, the Finance Department requested additional time to complete a fiscal

impact statement, the Legislative Operating Committee then subsequently agreed to amend

the due date of the fiscal impact statement to June 29, 2022.

 On June 29, 2022, the Finance Department provided the Legislative Operating Committee

with the fiscal impact statement.

B. A group that included members from the departments of the Legislative Reference Office, Legislative

Operating Committee, Oneida Business Committee, Oneida Nation Judiciary, Oneida Police

Department, Oneida Behavioral Health, and the Legal Resource Center participated in the Tribal

Healing to Wellness Court Planning Initiative (THTWCPI) Training held by the National Association

of Drug Court Professionals (NADCP) through Microsoft Teams on the following dates:

 November 18, 2020;

 November 19, 2020; and

 November 20, 2020.

C. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of this Law:

 January 6, 2021: LOC work meeting with the Oneida Police Department, Oneida Judiciary,

General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin

Department of Corrections.

 January 20, 2021: LOC work meeting Oneida Police Department, Oneida Judiciary,

General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin

Department of Corrections.

 January 28, 2021: LOC work meeting.

 February 5, 2021: Work meeting with Oneida Judiciary.

 March 2, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary,

General Manager, Oneida Behavioral Health, Legal Recourse Center, and Tribal Action

Plan.

 March 16, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary,

General Manager, Oneida Behavioral Health, and Legal Recourse Center.

 May 18, 2021: Work meeting with Oneida Judiciary, Oneida Behavioral Health, Tribal

Action Plan, Cultural Heritage.

 January 19, 2022: LOC work meeting.

 January 27, 2022: LOC work meeting with Oneida Police Department, and Oneida

Judiciary.

 February 10, 2022: LOC work meeting with Oneida Police Department, and Oneida

Judiciary.

 March 31, 2022: LOC work meeting.

 May 4, 2022: LOC work session.

 May 18, 2022: LOC work session.

SECTION 5. CONTENTS OF THE LEGISLATION

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A. Purpose and Policy. The purpose of this Law is to establish the Nation’s Healing to Wellness Court.

The Court shall offer intensive treatment, case management, and court supervision to individuals who

have committed an offense directly or indirectly related to substance abuse or addiction issues. [8 O.C.

808.1-1]. It is the policy of the Nation to bring together community-healing resources with the Nation’s

justice system to collaborate with partnerships to reduce the risk of substance abuse and criminal

activity related to substance abuse. [8 O.C. 808.1-2].

B. Establishment. The Healing to Wellness Court is hereby established as a division of the Trial Court.

[8 O.C. 808.4-1]. The Court shall have the authority to issue all orders necessary to ensure the safety,

well-being, and rehabilitation of individuals who come within or consent to its jurisdiction. [8 O.C.

808.4-1(a)]. The Court shall have the power to implement all the duties, responsibilities, and remedies

set out in this Law, including the power to enforce subpoenas and orders of restriction, fines and orders

of restitution, contempt, and other powers as appropriate. [8 O.C. 808.4-1(b)].

C. Jurisdiction. The Healing to Wellness Court shall have jurisdiction over matters related to substance

abuse and addiction and any matters arising under this Law .[8 O.C. 808.4-2].

D. Healing to Wellness Court Team. The Healing to Wellness Court program shall be administered by a

Healing to Wellness Court Team, which shall be comprised of the following individuals:

1. Trial Court Judge;

2. Healing to Wellness Court Coordinator;

3. Oneida Police Department Officer;

4. Representative of Probation;

5. Substance Abuse Treatment Provider;

6. Representative of Oneida culture and heritage; and

7. Any other member to be determines by the Healing to Wellness Court Team. [8 O.C. 808.43(a)].

The composition of the Healing to Wellness Court Team may be revised as necessary as determined by

the Court. The Court shall provide notification of any revision to the composition of the Healing to

Wellness Court Team to the Oneida Business Committee and General Manager. [8 O.C. 808.4-3(b)].

E. Healing to Wellness Court Procedures. The Court shall establish policies and procedures governing

the operation and implementation of the Healing to Wellness Court program. [8 O.C. 808.5-1]. All

Healing to Wellness Court Team meetings and hearings shall be closed to the public except for invited

guests as allowed by HIPAA regulations. [8 O.C. 808.5-3]. The Court shall not be a court of record.

Any information obtained, used, or disclosed by a member of the Healing to Wellness Court Team,

including the participant, while the participant is under the jurisdiction of the Court shall not be used

as evidence against the participant in any other proceeding in the Judiciary or any other court in any

other jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to

the members of the Healing to Wellness Court Team. [8 O.C. 808.5-7]. However, confidential

information may always be disclosed after the participant has signed a proper consent form, even if it

is protected by Federal confidentiality regulations. The regulations also permit disclosure without a

participant’s consent in several situations, including medical emergencies, program evaluations, and

communications among program staff. [8 O.C. 808.5-7(a)].

SECTION 6. RELATED LEGISLATION

A. Related Legislation. The following laws of the Nation are related to this Law:

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

Judiciary law. The Judiciary law established a Judiciary for the Nation, and provides for the

administration of law, justice, judicial procedures, and practices by the Nation as a sovereign

nation by exercising the inherent power to make, execute, apply, and enforce its own law, and

to apply its own customs and traditions in matters affecting the Oneida people. [8 O.C. 801.11].

 Court Open to the Public. The Judiciary law provides that proceedings of the Trial

Court shall be public, and members of the general public may freely attend the same,

except for peacemaking or mediation proceedings or if expressly prohibited by law. [8

O.C. 801.4-4].

1. This Law provides that all Healing to Wellness Court Team hearings shall be

closed to the public except for invited guests as allowed by HIPAA

regulations. [8 O.C. 808.5-3].

 Subject Matter Jurisdiction. The Judiciary law provides that Trial Court shall have

subject matter jurisdiction over cases and controversies where laws of the Nation

specifically authorize the Trial Court to exercise jurisdiction.

1. This Law provides that the Healing to Wellness Court shall have jurisdiction

over matters related to substance abuse and addiction and any matters arising

under this law. [8 O.C. 808.4-2].

 Internal Operating Procedures. The Judiciary law provides that the Judiciary is

authorized to establish internal operating procedures governing the operation of the

court, as long as the procedures shall not affect substantive rights and shall not conflict

with existing law, the Rules of Procedure, or other rules enacted or approved by the

Oneida Business Committee or Oneida General Tribal Council.

1. This Law provides that the Court shall establish policies and procedures

governing the operation and implementation of the Healing to Wellness Court

program. [8 O.C. 808.5-1].

Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Civil Procedure

governs all civil actions that fall under the jurisdiction of the Nation to ensure that there is a

consistent set of rules governing the process for civil claims, in order to ensure equal and fair

treatment to all persons who come before the Tribal Courts to have their disputes resolved. [8

O.C. 803.1-1, 803.1-2].

 This Law provides that the Oneida Judiciary Rules of Civil Procedure shall not apply

in any Court proceedings. [8 O.C. 808.5-6].

Oneida Judiciary Rules of Evidence. The Oneida Judiciary Rules of Evidence establishes rules

of evidence to apply in proceedings held in the Trial court and Family Court of the Oneida

Judiciary administer Court proceedings fairly, eliminate unjustifiable expense and delay, and

promote the development of evidence law, by obtaining the truth and securing a just

determination. [8 O.C. 804.1-1, 804.1-2].

 This Law provides that the Oneida Judiciary Rules of Evidence shall not apply in any

Court proceedings. [8 O.C. 808.5-6].

Public Peace Law. The Public Peace law sets forth community standards and expectations

which preserve the peace, harmony, safety, health, and general welfare of individuals who live

within the boundaries of the Reservation. [3 O.C. 309.1-1]. The Public Peace law prohibits a

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person from committing a civil infraction involving alcohol, tobacco, and drugs. [3 O.C. 309.44, 309.9]. Upon a finding by the Trial Court that a violation of the Public Peace law has

occurred, the individual may be ordered to participate in counseling or any other program

relevant and available to the Nation. [3 O.C. 309.11-2(c)].

 Potentially, a person who violates the Public Peace law may be ordered to participate

in the Nation’s Healing to Wellness Court program is allowed by Court’s policies and

procedures.

SECTION 7. OTHER CONSIDERATIONS

A. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

a. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation

except emergency legislation. [1 O.C. 109.6-1].

i. A fiscal impact statement shall be submitted by agencies as directed by the Legislative

Operating Committee. [1 O.C. 109.6-1].

ii. Fiscal Impact statements may be prepared by any agency who may receive funding if

the legislation is enacted, any agency who may administer a program if the legislation

is enacted, any agency who may have financial information concerning the subject

matter of the legislation, or by the Finance Office, upon request of the Legislative

Operating Committee. [1 O.C. 109.6-1(a) and (b)].

iii. Oneida Business Committee resolution BC-10-28-20-A titled, Further Interpretation

of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides further

clarification on who the Legislative Operating Committee may direct complete a

fiscal impact statement at various stages of the legislative process, as well as

timeframes for completing the fiscal impact statement.

b. Conclusion. A fiscal impact statement was provided by the Finance Department on June 29,

2022.

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Title 8. Judiciary - Chapter 808

HEALING TO WELLNESS COURT

808.1. Purpose and Policy

808.2. Adoption, Amendment, Repeal

808.3. Definitions

808.4. General

808.5. Healing to Wellness Court Procedures

808.1. Purpose and Policy

808.1-1. Purpose. The purpose of this law is to establish the Nation’s Healing to Wellness Court

to:

(a) offer intensive case management, treatment, and court supervision to individuals who

committed an offense directly or indirectly related to a substance abuse or addiction issue;

(b) provide access to holistic, structured, and phased substance abuse treatment and

rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our

Ways);

each participant; and

(d) encourage and support each participant in the goal of their recovery to lead lawful

productive lives free of substance abuse and addiction.

808.1-2. Policy. It is the policy of the Nation to bring together community-healing resources with

the Nation’s justice system to work collaboratively with intragovernmental and intergovernmental

partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal activity

affecting the Nation’s community in an effort to promote life-long substance abuse recovery and

the reintegration of participants into the Oneida community.

808.2. Adoption, Amendment, Repeal

808.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

808.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

808.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

808.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

808.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

808.3. Definitions

808.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Court” means the Oneida Healing to Wellness Court, which is a division under the

Trial Court that has the designated responsibility to oversee the Healing to Wellness Court

program matters.

(b) “Court of competent jurisdiction” means a federal, state, or tribal court that has

jurisdiction and authority to do a certain act or hear a certain dispute.

treatment program which promotes recover through a coordinated community-based

8. O.C. 808 – Page 1

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response for individuals who abuse or are dependent on any controlled substance or

alcohol.

(d) “Intragovernmental” means relating to or conducted within a government.

(e) “Intergovernmental” means relating to or conducted between two (2) or more

governments.

(f) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17-A.

(g) “Nation” means the Oneida Nation.

(h) “Participant” means an individual who is admitted to the Healing to Wellness Court.

(i) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.

808.4. General

808.4-1. Establishment. The Healing to Wellness Court is hereby established as a division of the

Trial Court.

(a) The Court shall have the authority to issue all orders necessary to ensure the safety,

well-being, and rehabilitation of individuals who come within or consent to its jurisdiction.

(b) The Court shall have the power to implement all the duties, responsibilities, and

remedies set out in this law, including the power to enforce subpoenas and orders of

restriction, fines and orders of restitution, contempt, and other powers as appropriate.

808.4-2. Jurisdiction. The Court shall have jurisdiction over matters related to substance abuse

and addiction and any matter arising under this law.

(a) Concurrent Jurisdiction. The Court shall have the authority to collaborate with courts

of competent jurisdiction that exercise concurrent jurisdiction.

(b) The Court may enter into collaborative inter-jurisdictional agreements with other

courts of competent jurisdiction, law enforcement agencies, and other service providers

upon approval by the Oneida Business Committee.

808.4-3. Healing to Wellness Court Team. The Healing to Wellness Court program shall be

administered by a Healing to Wellness Court Team. The Healing to Wellness Court Team is the

group of professionals who are primarily responsible for overseeing the day-to-day operations of

the Healing to Wellness Court program and administering the treatment and supervisory

interventions.

(a) Composition. The Healing to Wellness Court Team shall be comprised of the following

individuals:

(1) Trial Court Judge;

(2) Healing to Wellness Court Coordinator;

(3) Oneida Police Department Officer;

(4) Representative of Probation;

(5) Substance Abuse Treatment Provider;

(6) Representative of Oneida culture and heritage; and

(7) any other member to be determined by the Healing to Wellness Court Team.

(b) Revisions to the Composition of the Healing to Wellness Court Team. The composition

of the Healing to Wellness Court Team may be revised as necessary as determined by the

Court. The Court shall provide notification of any revision to the composition of the

Healing to Wellness Court Team to the Oneida Business Committee and General Manager.

8. O.C. 808 – Page 2

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808.5. Healing to Wellness Court Procedures

808.5-1. Establishment of Policies and Procedures. The Court shall establish policies and

procedures governing the operation and implementation of the Healing to Wellness Court program.

The policies and procedures of the Healing to Wellness Court program shall not affect substantive

rights and shall not conflict with existing law or rules enacted or approved by the Oneida Business

Committee or Oneida General Tribal Council unless otherwise provided for within this law.

808.5-2. Healing to Wellness Court Team meetings and hearings shall proceed pursuant to the

policies and procedures adopted by the Court.

808.5-3. All Healing to Wellness Court Team meetings and hearings shall be closed to the public

except for invited guests as allowed by HIPAA regulations.

808.5-4. The Court is strictly a non-adversarial forum.

808.5-5. The Court judge shall make all findings of facts relevant to each participant's case

pursuant to the policies and procedures adopted by the Court.

808.5-6. Exclusion from the Oneida Judiciary Rules of Evidence and Oneida Judiciary Rules of

Civil Procedure. The Oneida Judiciary Rules of Evidence as well as the Oneida Judiciary Rules

of Civil Procedure shall not apply in any Court proceedings.

808.5-7. Not a Court of Record. The Court shall not be a court of record. Any information

obtained, used, or disclosed by a member of the Healing to Wellness Court Team, including the

participant, while the participant is under the jurisdiction of the Court shall not be used as evidence

against the participant in any other proceeding in the Judiciary or any other court in any other

jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to

the members of the Healing to Wellness Court Team.

(a) Confidential information may always be disclosed after the participant has signed a

proper consent form, even if it is protected by Federal confidentiality regulations. The

regulations also permit disclosure without a participant's consent in several situations,

including medical emergencies, program evaluations and communications among program

staff.

End.

Adopted – BC-__-__-__-__

8. O.C. 808 – Page 3

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FINANCE ADMINISTRATION ODDDCX)

Fiscal Impact Statement ONEIDA

MEMORANDUM

TO:

Lawrence Barton, Chief Financial Officer

FROM:

RaLinda Ninham-Lamberies, Assistant Chief Financial Officer

DATE:

June 21, 2022

RE:

Fiscal Impact of the Healing to Wellness Court Law

Estimated Fiscal Impact Summary

Law: Healing to Wellness Court Law

Implementing Agency

The Nation’s Judiciary, Oneida Police Department, and

Oneida Behavioral Health

Estimated time to comply

Estimated Impact

Total Estimated Fiscal Impact

Three to six months

Current Fiscal Year

$259,147

II.

10 Year Estimate

$2,798,088-$4,123,996

Background

A. Legislative History

This is a new law to establish the Nation’s Healing to Wellness Court.

B. Summary of Content

The purpose of this law is to establish the Nation’s Healing to Wellness Court to:

•

Offer intensive case management, treatment, and court supervision to

individuals who committed an offense directly or indirectly related to a

substance abuse or addiction issue;

Provide access to holistic, structured, and phased substance abuse treatment

and rehabilitation services that incorporate culture, tradition, and Tsi

Niyukwaliho t^ (Our Ways);

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•

III.

Create intragovernmental and intergovernmental collaborative teams to

interact with each participant; and

Encourage and support each participant in the goal of their recovery to lead

lawful productive lives free of substance abuse and addiction.

Methodology and Assumptions

A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year

financial effects associated with legislation and includes startup costs, personnel, office

expenses, documentation costs, as well as an estimate of the amount of time necessary for

an agency to comply with the Law after implementation.

Finance does NOT identify the source of funding for the estimated cost or allocate any

funds to the legislation.

The analysis was completed based on the information provided as of the date of this

memo.

IV.

Executive Summary of Findings

•

The Healing to Wellness Court is hereby established as a division of the

Oneida Trial Court.

•

The Law will have the authority to issue all orders necessary to ensure the

safety, well-being, and rehabilitation of individuals who come within or

consent to its jurisdiction.

•

The Law will have the power to implement all the duties, responsibilities, and

remedies set out in this law, including the power to enforce subpoenas and

orders of restriction, fines and orders of restitution, contempt, and other

powers as appropriate.

•

The Law will have jurisdiction over matters related to substance abuse and

addiction and any matter arising under this law.

•

The Law will have the authority to collaborate with courts of competent

jurisdiction that exercise concurrent jurisdiction.

•

The Law may enter into collaborative inter-jurisdictional agreements with

other courts of competent jurisdiction, law enforcement agencies, and other

service providers upon approval by the Oneida Business Committee.

•

The Healing to Wellness Court Team shall be comprised of the following

individuals:

A good mind. A good heart. A strong fire.

ONEIDA

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(1) Oneida Trial Court Judge;

(2) Oneida Healing to Wellness Court Coordinator;

(3) Oneida Police Department Officer;

(4) Representative of Probation;

(5) Substance Abuse Treatment Provider;

(6) Representative of Oneida Culture and Heritage; and

(7) Any other member to be determined by the Healing to Wellness Court Team.

•

The composition of the Healing to Wellness Court Team may be revised as

necessary as determined by the Court.

•

The Law will establish policies and procedures governing the operation and

implementation of the Healing to Wellness Court program.

•

All Healing to Wellness Court Team meetings and hearings shall be closed to

the public except for invited guests as allowed by HIPAA regulations.

•

The Law is strictly a non-adversarial forum.

•

The Law will not be a court of record. Any information obtained, used, or

disclosed by a member of the Healing to Wellness Court Team, including the

participant, while the participant is under the jurisdiction of the Court shall not

be used as evidence against the participant in any other proceeding in the

Judiciary or any other court in any other jurisdiction.

Agency

The Law governs the overarching budget process and establishes requirements of the

Nation’s Judiciary, Oneida Police Department, and Oneida Behavioral Health. Oneida

Behavioral Health will need approximately 3 to 6 months for implementation. The

Oneida Police Department will be able to implement immediately. The Oneida Judiciary

will be able to implement with 45 days.

VI.

Financial Impact

The Oneida Judiciary and the Oneida Police Department have identified the estimated

fiscal impact to their areas for the proposed law. The Oneida Judiciary estimates the

annual impact to be approximately $259,622 and the Oneida Police Department has

estimated the cost for a deputy for each eight-hour increment to be approximately

$475.00. As it is unclear the level of need for the program upon adoption of the law, the

fiscal impact estimation includes eight hours to be conservative. The total fiscal impact

for one year is estimated at $259,622 and the ten-year impact is estimated at $2,798,088

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with an annual inflation factor of three percent (3%). If the level of need for the program

would require the Oneida Police Department to add a full-time position, the annual

impact is estimated at $382,647 for year one and the total for ten-year is estimated at

$4,123,996 with an inflation factor of three percent (3%).

VII.

Recommendation

Finance Department does not make a recommendation on course of action in this matter.

Rather, it is the purpose of this report to disclose potential financial impact of this

legislation, so that the Oneida Business Committee and General Tribal Council has the

information with which to render a decision.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

July 6, 2022

Children’s Code Amendments

Submission Date: 10/7/20

LOC Sponsor: David P. Jordan

Public Meeting: 6/15/22

Emergency Enacted: N/A

Summary: This item was carried over from last term. On August 25, 2020, the Oneida Law Office

and Indian Child Welfare Department requested that emergency amendments be made to the Children’s

Code to address customary adoption. The departments were seeking that customary adoption be changed

to a suspension of rights rather than a termination of rights in order to allow for the adopting family to be

eligible for Adoption Assistance with the State. On August 28, 2020, the LOC considered this request and

determined that it did not meet the standard for emergency amendments provided by the Legislative

Procedures Act, but that the LOC would add this item to the AFL for amendments to be made via the

normal legislative process.

10/7/20 LOC: Motion by Kirby Metoxen to add the Children’s Code Amendments to the Active Files List

with David Jordan as the sponsor; seconded by Jennifer Webster. Motion carried

unanimously.

10/13/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Tina Jorgenson, Jennifer Berg-Hargrove, Heather

Lee. Alebra Cornelius, Peggy Schneider, Rhiannon Metoxen, Kristal Hill. This work meeting

was held over Microsoft Teams. On July 22, 2020, the OBC was asked to consider amending

resolution BC-07-26-17-J to permanently adopt the policy set forth by the March 20, 2020,

COVID-19 Core Decision Making Team’s “Suspension of Transfer of Cases in Resolution#

BC-07-26-17-J, Adoption of the Children's Code and the Nation's Indian Child Welfare Act

Policy” declaration. The OBC adopted a motion to accept the request as information and send

to the LOC for processing. The purpose of this work meeting was to allow the ICW

Department and Law Office an opportunity to provide the LOC with more information on

why this change should be made on a permanent basis beyond the Public Health State of

Emergency. The LOC decided to pursue this change, and directed the LRO Attorney to draft

a resolution which amends the policy on the transfer of cases.

3/3/21 LOC:

Motion by Jennifer Webster to deny the request for emergency amendments due to the fact

that it does not meet the standard for emergency legislation provided by the Legislative

Procedures Act which is that it is necessary for the immediate preservation of the public health,

safety, and general welfare of the Reservation population, and move this item from a medium

priority to a high priority with direction that this be worked on as expeditiously as possible;

seconded by Daniel Guzman King. Motion carried unanimously.

4/12/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Hon. Robert Collins, Kristina Denny, Patricia

DeGrand, Rhiannon Metoxen. This work meeting was held over Microsoft Teams. The

purpose of this work meeting was for the Family Court to provide a “Children’s Code 101”

and then for the workgroup to begin reviewing the Children’s Code line-by-line and discussing

potential amendments to the law.

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4/12/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Jennifer Berg-Hargrove, Alebra Cornelius,

Heather Lee, Michael Hoeft, Peggy Schneider, Lydia Witte, Kristal Hill, Rhiannon Metoxen.

This work meeting was held over Microsoft Teams. The purpose of this work meeting was for

the Indian Child Welfare (ICW) Department to provide a “Children’s Code 101” and then for

the workgroup to begin reviewing the Children’s Code line-by-line and discussing potential

amendments to the law.

4/26/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Hon. Robert Collins, Hon. Marcus Zielinski,

Kristina Denny, Patricia DeGrand, Rhiannon Metoxen, Kristal Hill. This work meeting was

held over Microsoft Teams. The purpose of this work meeting was for the workgroup to

continue reviewing the Children’s Code line-by-line and discussing potential amendments to

the law.

6/4/21:

Work Meeting. Present: Clorissa N. Santiago, Jennifer Berg-Hargrove, Alebra Cornelius,

Heather Lee, Michael Hoeft, Peggy Schneider, Lydia Witte, Kristal Hill. This work meeting

was held over Microsoft Teams. The purpose of this work meeting was to review and discuss

potential amendments to the law.

2/16/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Lydia Witte. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to allow Attorney Lydia

Witte to introduce herself to the LOC and provide some background on the amendments the

ICW Department is requesting.

4/12/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Carmen Vanlanen, Lydia Witte, Peggy Van Gheem, Jennifer

Berg-Hargrove, Heather Lee, Alebra Metoxen, Michael Hoeft, Hon. Robert Collins II, Hon.

Rodney Dequaine, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to review the initial draft of proposed

amendments to the Children’s Code.

4/20/22 LOC: Motion by Marie Summers to approve the draft of the Children’s Code amendments and direct

that a legislative analysis be developed; seconded by Jennifer Webster. Motion carried

unanimously.

5/4/22 LOC:

Motion by Jennifer Webster to approve the updated draft and the legislative analysis for

Children’s Code amendments; seconded by Daniel Guzman King. Motion carried

unanimously.

5/12/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie

Summers, Kirby Metoxen, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a

work meeting held through Microsoft Teams. The purpose of this work meeting was to review

the public meeting notice for the Children’s Code amendments.

5/18/22 LOC: Motion by Jennifer Webster to approve the public meeting packet and forward the Children’s

Code amendments to a public meeting to be held on June 15, 2022; seconded by Marie

Summers. Motion carried unanimously.

6/15/22:

Public Meeting Held. Present: Jennifer Webster, Marie Summers (Microsoft Teams), Clorissa

N. Santiago, Carolyn Salutz, Grace Elliot, Brooke Doxtator, Jameson Wilson

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(Microsoft Teams), Jeanette Ninham (Microsoft Teams), Michelle Myers (Microsoft Teams),

Jennifer Berg-Hargrove (Microsoft Teams), Lydia Witte (Microsoft Teams), Hon. Robert

Collins II, Kristal Hill (Microsoft Teams). The public meeting for the Children’s Code

amendments was held in person in the Norbert Hill Center and on Microsoft Teams. No

individuals provided public comment during the public meeting.

6/22/22:

Public Comment Period Closed. One (1) submission of written comments were received

during the public comment period.

Next Steps:

 Accept the public comments and the public comment review memorandum and defer to a

work meeting for further consideration.

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Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54115-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Legislative Operating Committee (LOC)

Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney

July 6, 2022

Children’s Code Amendments: Public Comment Review

On June 15, 2022, a public meeting was held regarding the proposed amendments to the Children’s

Code (“the Law”). The public comment period was then held open until June 22, 2022. This

memorandum is submitted as a review of the written comments received during the public

comment period.

The public meeting draft, public meeting transcript, and written comments received are attached

to this memorandum for review.

Comment 1 – GAL Access to Information:

708.8. Guardian ad litem

708.8-3. Responsibilities. The guardian ad litem has none of the rights or duties of a general

guardian. The guardian ad litem shall:

(a) investigate and review all relevant information, records and documents, as well

as interview the child, parent(s), social workers, and all other relevant persons to

gather facts when appropriate;

(b) consider the importance of the child’s culture, heritage and traditions;

others as to the best interests of the child;

(d) explain the role of the guardian ad litem and the court proceedings to the child in

language and terms appropriate to the child’s age and maturity level;

(e) provide a written or oral report to the Court regarding the best interests of the

child, including conclusions and recommendations and the facts upon which they are

based;

(f) recommend evaluations, assessments, services and treatment of the child and the

child’s family when appropriate;

(g) inform the court of any concerns or possible issues regarding the child or the

child’s family;

(h) represent the best interests of the child;

(i) perform other duties as directed by the Court; and

(j) comply with all laws, policies and rules of the Nation governing the conduct of a

guardian ad litem.

Jessica Vandekamp (written): Shekoli, The recommendations I have to add to the Children’s

Code Amendments are to be consistent with Title 7 Children, Elders & Family Chapter 705, Child

Custody, Placement and Visitation. Specifically for the purposes to carry out duties described in

705.85 Guardian ad Litem Responsibilities without undue delay.

Page 1 of 4

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Recommendation: Agencies (Child Support, ICW, Oneida Judiciary, GAL etc.) shall share

information on family court cases that are serving in the best interest of children.

Challenge: Currently sharing of information between agencies is not included in the law, therefore,

as a Guardian ad Litem, ICW requires me to retrieve a signed authorization form before releasing

information – a court order isn’t enough. I’m not able to get timely and important information from

ICW workers or on CHIPS cases. The problem this presents is that a GAL has to make time and

find the parent, meet with a parent to get a signature on a form to authorize consent to obtain

information. Sometimes the parent is reluctant to sign, and/or their child that may not even be in

their custody.

Question: In many cases the same judge assigning a GAL to a case is the same judge doing the

CHIPS hearing so why does it have to be so difficult to for one to obtain information on a common

case?

Solution: To save time, resources, money and frustration by an agency/entity (GAL),

documentation regarding serving for the best interest of children must be shared for all parties to

get a wholistic view of the situation.

Response

The commenter expresses concern over her experience working as a guardian ad litem (GAL) and

the difficulty she faced in efficiently obtaining information from the various agencies of the

Nation. Specifically, the commenter discussed an appointment as a GAL for a child in a case under

the Child Custody, Placement, and Visitation law and difficulty obtaining information from the

Indian Child Welfare Department for information pertaining to the same child in a related child

welfare case. The commenter expresses the importance of a GAL being able to efficiently access

all information regarding a child in order to come to a conclusion as to the best interests of a child.

A GAL is a person appointed by the Court to appear at any peacemaking, mediation, or hearing

who is tasked with representing the best interest of the person appointed for. [7 O.C. 708.3-1(x),

705.3-1(g)].

Under the Children’s Code, the GAL has the following responsibilities:

 investigate and review all relevant information, records and documents, as well as

interview the child, parent(s), social workers, and all other relevant persons to gather facts

when appropriate;

 consider the importance of the child’s culture, heritage and traditions;

 consider, but shall not be bound by, the wishes of the child or the positions of others as to

the best interests of the child;

 explain the role of the guardian ad litem and the court proceedings to the child in language

and terms appropriate to the child’s age and maturity level;

 provide a written or oral report to the Court regarding the best interests of the child,

including conclusions and recommendations and the facts upon which they are based;

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

recommend evaluations, assessments, services and treatment of the child and the child’s

family when appropriate;

inform the court of any concerns or possible issues regarding the child or the child’s family;

represent the best interests of the child;

perform other duties as directed by the Court; and

comply with all laws, policies and rules of the Nation governing the conduct of a guardian

ad litem. [7 O.C. 708.8-3].

Under the Child Custody, Placement, and Visitation law GAL has the following responsibilities:

 be an advocate for the best interests of a child;

 consider, but shall not be bound by, the wishes of the child or the positions of others as to

the best interests of the child;

 investigate the issues and provide a written report to the Court; and

 communicate to the Court the wishes of the child, unless the child asks the guardian ad

litem to do otherwise. [7 O.C. 705.8-5].

Overall, an important responsibility of a GAL is to investigate and review all relevant information,

records and documents.

When the Court appoints a GAL, whether that be in a case under the Children’s Code or the Child

Custody, Placement, and Visitation law, the Court’s order contains the following statement:

The guardian ad litem shall be provided access to all records in possession of

juvenile intake; the tribal, county or state department of social services; child

welfare agencies; schools; or law enforcement agencies pertaining to the above

captioned case, regardless of the originating source, including but not limited to,

medical, mental health, psychological, counseling, drug or alcohol records from a

non-federally assisted program as defined in 42 CFR Part 2, financial, educational,

employment, probation, and law enforcement records.

The inclusion of this statement in the Court order is to avoid unnecessary delay, especially when

the GAL has to meet expedited timelines included under the Children’s Code. Requiring a GAL

to seek a signed authorization form from the parent in order to access information from the Indian

Child Welfare Department should not be necessary when there the order made by the Court already

addresses the release of information to the GAL.

In order to clarify this issue and avoid unnecessary delay in the future, it is recommended that the

following revision be made to the Children’s Code:

708.14. Discovery and Records

708.14-1. Upon written request, the parties and their counsel shall have the right to inspect, copy

or photograph social, psychiatric, psychological, medical, and school reports, and records

concerning the child including reports of preliminary inquiries, predisposition studies and

supervision records relating to the child which are in the possession of the Nation’s Child Welfare

attorney or the Department that pertain to any case under this law.

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708.14-2. The Department shall make available for inspection or disclosure the contents of any

record kept, regardless of the originating source, to a guardian ad litem appointed in a Children’s

Code or family law case when that access is granted by order of the Court.

LOC Consideration

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Title 7. Children, Elders and Family - Chapter 708

CHILDREN’S CODE

Latiksa>sh&ha Laotilihw@=ke

the children – their issues

CHILDREN’S CODE

708.1.

708.2.

708.3.

708.4.

708.5.

708.6.

708.7.

708.8.

708.9.

708.10.

708.11.

708.12.

708.13.

708.14.

708.15.

708.16.

708.17.

708.18.

708.19.

708.20.

708.21.

708.22.

708.23.

708.24.

708.25.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Scope

Jurisdiction

Nation’s Child Welfare Attorney

Indian Child Welfare Department Duties and

Responsibilities

Guardian ad litem

Advocate

Cultural Wellness Facilitator and Healer

Order of Placement Preferences

Notice of Petition

Hearings (General)

Discovery and Records

Taking a Child into Custody

Emergency Custody Hearing

Petition for a Child in Need of Protection or Services

Consent Decree

Plea Hearing for a Child in Need of Protection or

Services

Fact-finding Hearing for a Child in Need of Protection

or Services

Department’s Disposition Report for a Child in Need of

Protection or Services

Dispositional Hearing for a Child in Need of Protection

or Services

Permanency Plans

Change in Placement

Trial Reunification

708.26.

708.27.

708.28.

708.29.

Revision of Dispositional Orders

Extension of Dispositional Orders

Continuation of Dispositional Orders

Guardianship for Certain Children in Need of Protection

or Services

708.30. Revisions of Guardianship Order

708.31. Termination of Guardianship

708.32. Suspension or Termination of Parental Rights

708.33. Voluntary Suspension or Termination of Parental Rights

708.34. Grounds for Involuntary Suspension or Termination of

Parental Rights

708.35. Petition for Suspension or Termination of Parental

Rights

708.36. Initial Hearing on the Suspension or Termination of

Parental Rights Petition

708.37. Fact Finding Hearing for a Suspension or Termination of

Parental Rights

708.38. Department’s Suspension or Termination of Parental

Rights Report

708.39. Standards and Factors

708.40. Dispositional Hearings for Suspension or Termination of

Parental Rights

708.41. Adoption

708.42. Adoption Criteria and Eligibility

708.43. Adoption Procedure

708.44. Non-Compliance with a Residual Rights Agreement

708.45. Peacemaking and Mediation

708.46. Appeals

708.47. Liability

708.1. Purpose and Policy

708.1-1. Purpose. The purpose of this law is to provide for the welfare, care, and protection of

Oneida children through the preservation of the family unit, while recognizing that in some

circumstances it may be in the child’s best interest to not be reunited with his or her family.

Furthermore, this law strengthens family life by assisting parents in fulfilling their responsibilities

as well as facilitating the return of Oneida children to the jurisdiction of the Nation and

acknowledging the customs and traditions of the Nation when raising an Oneida child.

708.1-2. Policy. It is the policy of the Nation to ensure there is a standard process for conducting

judicial proceedings and other procedures in which children and all other interested parties are

provided fair hearings in addition to ensuring their legal rights are recognized and enforced, while

protecting the public safety.

708.2. Adoption, Amendment, Repeal

708.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-26-17-J.,

and amended by resolution BC-__-__-__-__.

7 O.C. 708 – Page 1

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708.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

708.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

708.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control. Provided that, this law repeals the following:

(a) Resolution # BC-09-25-81 Oneida Child Protective Board Ordinance;

(b) Resolution # BC-10-07-81-A Appointing Members to the Oneida Child Protective

Board;

(d) Resolution # BC-01-14-15-A Amendment of Oneida Child Protective Board

Ordinance;

(e) Resolution # BC-05-13-15 Indian Child Welfare Act Policy; and

(f) Resolution # BC-12 -10-03-A Oneida Child Protective Boards Stipends.

708.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

708.3. Definitions

708.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Abuse” means any of the following:

(1) Physical injury inflicted on a child by other than accidental means;

(2) Sexual assault;

(3) Sexual exploitation of a child;

(4) Prostitution or trafficking of a child;

(5) Causing a child to view or listen to sexual activity or sexually explicit materials;

(6) Exposing a child to the manufacture, sale, or use of controlled substances;

and/or

(7) Emotional damage for which the child’s parent, guardian, or legal custodian has

neglected, refused, or been unable for reasons other than poverty to obtain the

necessary treatment or take steps to address the issue.

(b) “Advocate” means a person who is a non-attorney presented to the Court as the

representative or advisor to a party.

exhibited by characteristics of habitual lack of self-control in the use of alcoholic beverages

or controlled substances to the extent that the person’s health is substantially affected or

endangered or the person’s social or economic functioning is substantially disrupted.

(d) “Attorney” means a person trained and licensed to represent another person in Court,

to prepare documents and to give advice or counsel on matters of law.

(e) “Best interest of the child” means the interest of a child to:

(1) Have a full, meaningful, and loving relationship with both parents and family

as much as possible;

(2) Be free from physical, sexual and emotional abuse;

(3) Be raised in conditions that foster and encourage the happiness, security, safety,

welfare, physical and mental health, and emotional development of the child;

(4) Receive appropriate medical care;

7 O.C. 708 – Page 2

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100

101

102

103

104

105

106

(5) Receive appropriate education;

(6) Be raised in conditions which maximize the chances of the child becoming a

contributing member of society; and

(7) Be raised in an environment that is respectful of the child’s race(s), culture(s),

and heritage(s).

(f) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding

holidays recognized by the Nation.

(g) “Child” means a person who is less than eighteen (18) years of age.

(h) “Clear and convincing evidence” means that a particular fact is substantially more

likely than not to be true.

(i) “Counsel” means an attorney or advocate presented to the Court as the representative

or advisor to a party.

(j) “Court” means the Oneida Nation Family Court, which is the branch of the Oneida

Nation Judiciary that has the designated responsibility to oversee family matters.

(k) “Court of competent jurisdiction” means a state or tribal court that has jurisdiction and

authority to do a certain act or hear a certain dispute.

(l) “Department” means the Oneida Nation Indian Child Welfare Department.

(m) “Disposition” means the Court’s final ruling or decision on a case or legal issue.

(n) “Dispositional hearing” means a hearing for the Court to make its final determination

of a case or issue.

(o) “Emotional damage” means harm to a child’s psychological or intellectual

functioning evidenced by one (1) or more of the following characteristics exhibited to a

severe degree:

(1) anxiety;

(2) depression;

(3) withdrawal;

(4) outward aggressive behavior; and/or

(5) a substantial and observable change in behavior, emotional response, or

cognition that is not within the normal range for the child’s age and stage of

development.

(p) “Expert” means a person with special training, experience, or expertise in a field

beyond the knowledge of an ordinary person.

(q) “Extended family” means a person who has reached the age of eighteen (18) and who

is the child’s grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece,

nephew, first, second, third or fourth cousin, or stepparent.

(r) “Fact-finding hearing" means a hearing for the Court to determine if the allegations in

a petition under this law are proved by clear and convincing evidence.

(s) “Fictive kin” means any person or persons who, to the biological parents of the child

at issue, have an emotional tie to that parent wherein they are like family.

(t) “Foster home” means any home which is licensed by the Department and/or applicable

licensing agency and maintained by any individual(s) suitable for placement of children

when taken into custody or pending court matters.

(u) “Good cause” means adequate or substantial grounds or reason to take a certain action,

or to fail to take an action.

7 O.C. 708 – Page 3

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125

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(v) “Group home” means any facility operated by a person required to be licensed by the

Department and/or applicable licensing agency for the care and maintenance of five (5) to

eight (8) children.

(w) “Guardian” means any person, agency or department appointed by the Court to care for

and manage the child in a particular case before the Court. A guardian has the right to

make major decisions affecting a child including education, religious and cultural

upbringing, the right to consent to marriage, to enlistment in the armed forces, to major

surgery and medical treatment and to adoption, or make recommendations as to adoption.

(x) “Guardian ad litem” means a person appointed by the Court to appear at any

peacemaking, mediation, or hearing and tasked with representing the best interest of the

person appointed for.

(y) “Holiday” means any holiday recognized by the Nation as identified in the Nation’s

laws, rules and policies governing employment.

(z) “Imminent danger” means a risk of harm or injury that will occur immediately.

(z)(aa) “Indian Child Welfare Worker” means a person employed by the Nation in the

Indian Child Welfare Department tasked with the responsibility to carry out the duties,

objectives and provisions of this law as codified at 25 USC 1901.

(bb) “Informal disposition” means a written agreement with all the parties describing the

conditions and obligations that must be met to ensure the child is protected and to alleviate

the condition that led to the referral to the Department. An informal disposition is utilized

by the Department when the Department determines that the interest of the child does not

require a formal Court intervention to provide protection and services to the child.

(aa)(cc)

“Legal custodian” means any person other than a parent or guardian to

whom legal custody of a child has been granted by court order and has the rights and

responsibilities for the following:

(1) To have physical custody of the child as determined by the Court, if physical

custody is not with the person having legal custody;

(2) To protect, educate and discipline the child so long as it is in the child’s best

interest; and

(3) To provide the child with adequate food, shelter, education, ordinary medical

care and other basic needs, according to court order. In an emergency situation, a

custodian shall have the authority to consent to surgery as well as any other

emergency medical care needs.

(bb)(dd)

“Mediation” means a method of dispute resolution that involves a neutral

third party who tries to help disputing parties reach an agreement.

(cc)(ee)

“Nation” means the Oneida Nation.

(dd)(ff)“Neglect” means failure, refusal, or inability on the part of a caregiver, for reasons

other than poverty, to provide necessary care, food, clothing, medical or dental care, or

shelter so as to seriously endanger the physical health of the child.

(ee)(gg)

“Parent” means the biological or adoptive parent of a child.

(hh)

“Parties” means the parent(s), guardian(s), and legal custodian(s) of the child who

is the subject of the proceedings; the Department, in cases where they are the petitioner; a

guardian ad litem, if one has been appointed by the Court; and anyone else permitted to

file a petition under this law.

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(ff)(ii) “Peacemaking” means a method of dispute resolution that is based on traditional

methods of resolving disputes and addresses the needs of rebuilding relationships between

people.

(gg)(jj) “Permanency Plan” means a plan designed to ensure that a child is reunified with

his or her family whenever appropriate, or that the child quickly attains a placement or

home providing long-term stability.

(hh)(kk)

“Physical injury” includes, but is not limited to, any of the following:

(1) lacerations;

(2) fractured bones;

(3) burns;

(4) internal injuries;

(5) severe or frequent bruising;

(6) bodily injury which creates a substantial risk of death;

(7) bodily injury which causes serious permanent disfigurement;

(8) bodily injury which causes a permanent or protracted loss or impairment of the

function of any bodily member or organ; or

(9) any other serious bodily injury.

(ii)(ll) “Plea hearing” means a hearing to determine whether any party wishes to contest a

petition filed under this law.

(jj)(mm)

“Probable cause” means there are sufficient facts and circumstances that

would lead a reasonable person to believe that something is true.

(nn) “Protective plan” means an immediate short-term action that protects a child from

present danger threats in order to allow for completion of the initial assessment,

investigation and, if needed, the implementation of a safety plan.

(kk)(oo)

“Reasonable effort” means an earnest and conscientious effort to take good

faith steps to provide the services ordered by the Court which takes into consideration the

characteristics of the parent or child, the level of cooperation of the parent and other

relevant circumstances of the case.

(ll)(pp) “Relative” means any person connected with a child by blood, marriage or

adoption.

(mm)(qq)

“Reservation” means all the land within the exterior boundaries of the

Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida,

7 Stat. 566, and any lands added thereto pursuant to federal law.

(nn)(rr) “Shelter care facility” means a non-secure place of temporary care and physical

custody for children, licensed by the Department and/or applicable licensing agency.

(oo)(ss)

“Social history” means the social, economic, cultural and familial aspects

of a person and how those aspects affect the person’s functioning and situation in life.

(pp)(tt) “Special treatment or care” means professional services which need to be provided

to a child or family to protect the well-being of the child, prevent out-of-home placement,

or meet the needs of the child.

(qq)(uu)

“Stepparent” means the spouse or ex-spouse of a child’s parent who is not

a biological parent of the child.

(rr)(vv)“Stipulation” means a formal legal acknowledgement and agreement made between

opposing parties prior to a pending hearing or trial.

(ss)(ww)

“Substantial parental relationship" means the acceptance and exercise of

significant responsibility for the daily supervision, education, protection and care of a child.

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(tt) “Termination of parental rights" means that, pursuant to a court order, all rights,

powers, privileges, immunities, duties and obligations existing between parent and child

are permanently severed.

(uu)(xx)

“Treatment“Service plan” means a plan or set of conditions ordered by the

Court identifying concerns and behaviors of a parent, guardian or legal custodian that

resulted in a child to be in need of protection or services, and the treatment services, goals

and objectives to address and remedy the concerns and behaviors of the parent, guardian

or legal custodian.

(vv)(yy)

“Warrant” means an order issued by a court commanding a law enforcement

officer to perform some act incident to the administration of justice.

708.4. Scope

708.4-1. This law shall apply to all child welfare cases and legal proceedings in which the Nation

has jurisdiction. Nothing in this law is meant to restrict or limit another court of competent

jurisdiction from hearing a matter involving an Indian child.

708.5. Jurisdiction

708.5-1. Personal Jurisdiction. The Court shall have personal jurisdiction over the following

individuals:

(a) Jurisdiction over an Oneida Child. The Court shall have personal jurisdiction over

any child who is present or resides within the boundaries of Brown and Outagamie County

and is enrolled or eligible for enrollment in the Nation.

(b) Jurisdiction over a Non-Oneida Child. The Court shall have personal jurisdiction over

any child not enrolled or eligible for enrollment in the Nation who is present or resides

within the boundaries of the Reservation and is a sibling of a child that is enrolled or

eligible for enrollment in the Nation if the child’s parent(s), guardian or legal custodian

consents to the jurisdiction of the Court. Consent to the jurisdiction of the Court can be

given by any of the following:

(1) The parent(s), guardian or legal custodian knowingly and voluntarily provides

the Court with written consent to the jurisdiction of the Court; or

(2) The Court establishes on the record that the parent(s), guardian or legal

custodian knowingly and voluntarily provides the Court with verbal consent to the

jurisdiction of the Court.

708.5-2. Jurisdiction over Children Alleged to be in Need of Protection or Services. The Court

shall have jurisdiction over a child alleged to be in need of protection or services if personal

jurisdiction has been established and the child:

(a) is without a parent or guardian;

(b) has been abandoned;

law and has no other parent available to provide necessary care;

(d) has been the victim of abuse, including injury that is self-inflicted or inflicted by

another;

(e) is at substantial risk of becoming the victim of abuse, including injury that is selfinflicted or inflicted by another, based on reliable and credible information that another

child in the home has been the victim of such abuse;

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(f) has a parent or, guardian, or legal custodian who signs the petition requesting

jurisdiction under this subsection and is unable or needs assistance to care for or provide

necessary special treatment or care for the child, and the child has no other parent available

to provide necessary care;

(g) has a guardian or legal custodian who is unable or needs assistance to care for or

provide necessary special treatment or care for the child, but is unwilling or unable to sign

the petition requesting jurisdiction under this subsection;

(h) has been placed for care or adoption in violation of the Nation’s laws or state law;

(i) is receiving inadequate care during the period of time a parent is missing, incarcerated,

hospitalized or institutionalized;

(j) is at least twelve (12) years of age, signs the petition requesting jurisdiction under this

subsection and is in need of special treatment or care which the parent, guardian or legal

custodian is unwilling, neglecting, unable or needs assistance to provide;

(k) has a parent, guardian or legal custodian who neglects, refuses or is unable for reasons

other than poverty to provide necessary care, food, clothing, medical or dental care or

shelter so as to seriously endanger the physical health of the child;

(l) has a parent, guardian or legal custodian who is at substantial risk of neglecting,

refusing or being unable for reasons other than poverty to provide necessary care, food,

clothing, medical or dental care or shelter so as to endanger seriously the physical health

of the child, based on reliable and credible information that the child's parent, guardian or

legal custodian has neglected, refused or been unable for reasons other than poverty to

provide necessary care, food, clothing, medical or dental care or shelter so as to endanger

seriously the physical health of another child in the home;

(m) is suffering emotional damage for which the parent, guardian or legal custodian has

neglected, refused or been unable and is neglecting, refusing or unable, for reasons other

than poverty, to obtain necessary treatment or to take necessary steps to improve the

symptoms;

(n) is suffering from an alcohol and other drug abuse impairment, exhibited to a severe

degree, for which the parent, guardian or legal custodian is neglecting, refusing or unable

to provide treatment; or

(o) is non-compliant with the Nation’s or State’s immunization laws.

708.5-3. Jurisdiction over other Matters Relating to Children. If jurisdiction has been established

under section 708.5-1 and section 708.5-2all requirements of this law have been met the Court

may:

(a) terminate or suspend parental rights to a child;

(b) appoint, revise, and/or remove a guardian; and

708.5-4. Transfer of Cases from other Courts. If personal jurisdiction has been established the

Court has jurisdiction over any action transferred to the Court from any court of competent

jurisdiction.

(a) While a case is being transferred to the Court from another court, any time limits

established by this law shall be tolled until the next hearing on the matter before the Court.

708.5-5. Transfer of Cases to other Courts. The Court may transfer a case under this law to a court

of competent jurisdiction where the other court has a significant interest in the child and the transfer

would be in the best interest of the child.

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708.5-6. Any orders made by the Court under this law, or any orders made by a court of competent

jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or

a court of competent jurisdiction regarding custody or placement of a child until the Children’s

Code or other child welfare orders are dismissed.

708.6. Nation’s Child Welfare Attorney

708.6-1. A Child Welfare attorney shall represent the Nation in all proceedings under this law.

The Child Welfare attorney shall be one of the following:

(a) An attorney from the Oneida Law Office;

(b) An attorney contracted by the Oneida Law Office; or

708.7. Indian Child Welfare Department Duties and Responsibilities

708.7-1. Indian Child Welfare Worker. The Indian Child Welfare Worker shall carry out the duties

and responsibilities set forth in this law which include, but are not limited to the following:

(a) Receive, examine, and investigate complaints and allegations that a child is in need of

protection or services for the purpose of determining the appropriate response under this

law, which may include notifying law enforcement;

(b) Receive referral information, conduct intake inquiries, and determine whether to

initiate child welfare proceedings;

law;

(d) Make appropriate referrals of cases to other agencies when appropriate, and share

information with other agencies if their assistance appears to be needed or desirable;

(e) Maintain records;

(f) Enter into informal dispositions or protective plans with families;

(g) Refer counseling or any other functions or services to the child and/or family as

designated by the Court;

(h) Identify and develop resources within the community that may be utilized by the

Department and Court;

(i) Make reasonable efforts to obtain necessary services for the child and family and

investigate and develop resources for the child and family to utilize;

(j) Accept legal custody of children when ordered by the Court;

(k) Make reports and recommendations to the Court;

(l) Make recommendations to the Nation’s Child Welfare attorney;

(m) Request transfer from state court to the Nation’s court when appropriate;

(n) Perform any other functions ordered by the Court within the limitations of the law;

(o) Develop appropriate plans and conduct reviews;

(p) Negotiate agreements for services, record sharing, referral, and funding for child family

service records within the Department;

(q) Provide measures and procedures for preserving the confidential nature of child and

family service records within the Department;

(r) Participate in continuing training, conferences and workshops pertinent to child welfare

issues;

(s) Explain the court proceedings to the child in language and terms appropriate to the

child’s age and maturity level when a guardian ad litem is not appointed for a child; and

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(t) Maintain a knowledge and understanding of all relevant laws and regulations.

708.7-2. Department. In performing the duties set forth in this law, the Department shall:

(a) Identify and refer parties to resources in the community calculated to resolve the

problems presented in petitions filed in Court, such as the various psychiatric,

psychological, therapeutic, counseling, and other social services available within and

outside the Nation when necessary;

(b) Identify and refer parties to resources in the community designed to enhance the child’s

potential as a member of the Nation;

and children in foster care;

(d) Adhere to the placement preference order stated in section 708.10; and11;

(e) Enter into memorandums of understanding and/or agreement with the Oneida Trust

Enrollment Committee and/or Department, Oneida Police Department, Oneida Nation

Child Support Agency and any other appropriate department in order to carry out the

provisions of this law; and

(f) Share information with other social service andagencies, law enforcement agencies;,

and other entities of the Nation as it pertains to children under the jurisdiction of this law.

708.8. Guardian ad litem

708.8-1. Appointment. The appointment of a guardian ad litem shall be as follows:

(a) The Court may appoint a guardian ad litem for any child who is the subject of a child

in need of protection or services proceeding;

(b) The Court shall appoint a guardian ad litem for any child who is the subject of a

proceeding to terminate or suspend parental rights, whether voluntary or involuntary, for a

child who is the subject of a contested adoption proceeding, and for a child who is the

subject of a contested guardianship proceeding;

voluntary termination of their parental rights; and

(d) A guardian ad litem may be appointed for any other circumstance the Court deems

necessary.

708.8-2. Qualifications.

(a) A guardian ad litem shall be an adult who:

(1) is at least twenty one (21) years of age;

(2) is currently certified as a guardian ad litem and in good standing;

(3) has never been convicted of a felony unless the person received a pardon or

forgiveness; and

(4) has never been convicted of any crime against a child.

(b) No person shall be appointed guardian ad litem in that proceeding who:

(1) has a personal interest in the outcome of the case, a party to the proceeding, or

any other interest that has the potential to corrupt a person’s motivation or decision

making, because of an actual or potential divergence between the person’s self-interests,

and the best interests of the case;

(2) appears as counsel or an advocate in the proceeding on behalf of any party; or

(3) is related to a party of the proceeding, the Judge for the proceeding, or an

appointing Judge by blood, marriage, adoption or related by a social tie that could

be reasonably interpreted as a conflict of interest.

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(1) has completed guardian ad litem training provided by the Court, another Indian

tribe, or a state; or

(2) is recognized as a certified guardian ad litem by another jurisdiction.

708.8-3. Responsibilities. The guardian ad litem has none of the rights or duties of a general

guardian. The guardian ad litem shall:

(a) investigate and review all relevant information, records and documents, as well as

interview the child, parent(s), social workers, teachers and all other relevant persons to

gather facts when appropriate;

(b) consider the importance of the child’s culture, heritage and traditions;

as to the best interests of the child;

(d) explain the role of the guardian ad litem and the court proceedings to the child in

language and terms appropriate to the child’s age and maturity level;

(e) provide a written or oral report to the Court regarding the best interests of the child,

including conclusions and recommendations and the facts upon which they are based;

(f) recommend evaluations, assessments, services and treatment of the child and the child’s

family when appropriate;

(g) inform the court of any concerns or possible issues regardregarding the child or the

child’s family;

(h) represent the best interests of the child;

(i) perform other duties as directed by the Court; and

(j) comply with all laws, policies and rules of the Nation governing the conduct of a

guardian ad litem.

708.8-4. Compensation. The guardian ad litem shall be compensated at a rate that the Court

determines is reasonable. The Court shall compensate the guardian ad litem for his or her fees. The

parties shall reimburse the Court for the guardian ad litem fees. The Court may apportion the

amount of reimbursement each party shall pay based on the ability to pay or assess the cost equally

between the parties. The Court may determine an appropriate time frame for the reimbursement to

occur. The Court may waive the guardian ad litem expense if the cost of the guardian ad litem will

impose an immediate and substantial hardship on the parties.

708.9. Advocate

708.9-1. The parent, guardian and legal custodian of a child has the right to obtain an advocate to

represent and advise him or her throughout any proceeding under this law at his or her own

expense.

708.9-2. Qualifications.

(a) An advocate shall be an adult who:

(1) is at least twenty one (21) years of age;

(2) is admitted to practice before the Oneida Judiciary;

(2) has never been convicted of a felony unless the person received a pardon or

forgiveness; and

(3) has never been convicted of any crime against a child.

708.9-3. An advocate shall comply with all laws, rules and policies of the Nation governing

advocates.

708.10 Cultural Wellness Facilitator and Healer

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708.10-1. The Department may utilize a Cultural Wellness Facilitator and Healer, or similar

position, throughout all child welfare proceedings.

708.10-2. The Cultural Wellness Facilitator and Healer may provide:

(a) wellness sessions utilizing culturally based and appropriate healing methods;

(b) training on Oneida culture, language and traditions; and

708.11. Order of Placement Preferences

708.11-1. The following order of placement preferences shall be followed when it is necessary to

place a child outside of the home under this law:

(a) A member of the child’s immediate or extended family;

(b) A family clan member;

(d) Descendants of the Nation;

(e) A member of another federally recognized tribe;

(f) Fictive kin within the Nation community;

(g) Fictive kin outside the Nation community; or

(h) Any other person or persons not listed above.

708.11-2. The order of placement preferences listed in section 708.11-1. are prioritized from the

most preference given to a child placed in a home in accordance with section 708.11-1(a) and the

least amount of preference given to a child placed in a home in accordance with section 708.111(h).

708.11-3. In order to deviate from the placement preferences listed in section 708.11-1, the Court

shall consider the best interest of the child when determining whether there is good cause to go

outside the placement preference.

(a) Good cause to go outside the placement preferences shall be determined based on any

of the following:

(1) When appropriate, the request from the child’s parent or the child, when the

child is age twelve (12) or older;

(2) Any extraordinary physical, mental or emotional health needs of the child

requiring highly specialized treatment services as established by an expert;

(3) The unavailability of a suitable placement after diligent efforts have been made

to place the child in the placement preference listed in section 708.11-1; or

(4) Any other reason deemed by the Court to be in the best interest of the child.

(b) The party requesting to deviate from the placement preferences listed in 708.11-1 has

the burden of establishing good cause.

708.12. Notice of Petition; General Terms

708.12-1. Petitions alleging that a child is in needService of protection or services may be given

to the parties directly by the Nation’s Child Welfare attorney or the Indian Child Welfare Worker

or served on the parties pursuant to the Oneida Judiciary Rules of Civil Procedure.

documents708.12-2.

Petitions for termination of parental rights, guardianship, and

adoptionnotices shall be as specified in this law. If a method of service is not specified in this law,

then service shall be served on all other parties pursuant to the Oneida Judiciary Rules of Civil

Procedure.

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708.12-3. All parties shall be notified of all subsequent hearings under this law by first-class mail

to the recently verified last-known address of the party. If a party’s whereabouts are unknown and

cannot be found after diligent effort, service shall be by publication as described in the Oneida

Judiciary Rules of Civil Procedure.

708.12-2. The Court shall provide the parties with notice of all hearings at least seven (7) days

prior to the hearing, with the purpose of providing the parties an opportunity to be heard.

(a) Exception. In circumstances where a hearing is scheduled and it is not possible to

provide notice at least seven (7) days prior to the hearing, the Court shall make an

appropriate effort to notice all parties of the hearing.

708.12-3. When the Department is required to perform personal service, the Indian Child Welfare

Worker may deliver the document(s) directly to the party(s) if such service is appropriate and safe

under the circumstances. In the alternative, personal service may be accomplished according to the

Oneida Judiciary Rules of Civil Procedure.

708.12-4. In all proceedings under this law, the Department may withhold the placement

provider’s identifying information from the child’s parent, guardian, or legal custodian if there are

reasonable grounds to believe that disclosure would result in imminent danger to the child or

anyone else. A parent, guardian, or legal custodian may request judicial review of the decision to

withhold the identifying information.

708.13. Hearings (General)

708.13-1. If the Court finds that it is in the best interest of the child, the Court may exclude the

child from participating in a hearing conducted in accordance with this law.

708.13-2. The Oneida Judiciary Rules of Evidence are not binding at emergency custody hearings,

dispositional hearings, or a hearing about changes in placement, revision of dispositional orders,

extension of dispositional orders, or termination of guardianship orders. At those hearings, the

Court shall admit all testimony having reasonable probative value, but shall exclude immaterial,

irrelevant, or unduly repetitious testimony. Hearsay evidence may be admitted if it has

demonstrable circumstantial guarantees of trustworthiness. The Court shall give effect to the rules

of privilege recognized by laws of the Nation. The Court shall apply the basic principles of

relevancy, materiality, and probative value to proof of all questions of fact.

708.13-3. If an alleged father appears at a hearing under this law, the Court may order the

Department to refer the matter to the Oneida Nation Child Support Agency to adjudicate paternity.

If the Court enters such an order, then the Department may sign documents required by the Oneida

Nation Child Support Agency on behalf of the family for the limited purpose of initiating a

paternity action. While paternity is being established, the Court shall enter an order finding good

cause to suspend the time limits established under this law.

708.13-4. At any time, the Court or the Department may refer the matter to the Nation’s Child

Support Agency.

708.14. Discovery and Records

708.14-1. Upon written request, the parties and their counsel shall have the right to inspect, copy

or photograph social, psychiatric, psychological, medical, and school reports, and records

concerning the child including reports of preliminary inquiries, predisposition studies and

supervision records relating to the child which are in the possession of the Nation’s Child Welfare

attorney or the Department that pertain to any case under this law.

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708.14-2. If a request for discovery is refused, the person may submit an application to the Court

requesting an order granting discovery. Motions for discovery shall certify that a request for

discovery has been made and refused.

708.14-3. If the discovery violates a privileged communication or a work product rule, the Court

may deny, in whole or part, otherwise limit or set conditions on the discovery authorized.

708.14-4. The identity of the individual that initiated the investigation by contacting the

Department, shall be redacted in all documents that are made available to the parties.

708.14-5. In addition to the discovery procedures permitted under this law, the discovery

procedures permitted under the Oneida Judiciary Rules of Civil Procedure shall apply in all

proceedings under this law.

708.14-6. The Department may make an ex parte request to the Court to conduct an in camera

review to determine what information should and should not be released to the parties and their

counsel. In making that determination, the Court shall balance what is necessary to a fair

determination of the child welfare legal matter, including access to records, against the interest in

protecting the child from the risk of harm. After the Court conducts the in camera review, the

decision regarding the release of records shall be provided to the parties in writing.

708.15. Taking a Child into Custody

708.15-1. Grounds for Taking a Child into Custody. A child may be taken into custody without

a Court order by an Indian Child Welfare Worker or law enforcement officer if there are reasonable

grounds to believe:

(a) A warrant for the child's apprehension has been issued by the Court or another court of

competent jurisdiction to take the child into custody;

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

surroundings and removal from those surroundings is necessary; and/or

708.15-2. The Court may enter an order directing that a child be taken into custody upon a showing

satisfactory to the judge that the welfare of the child demands that the child be immediately

removed from his or her present custody.

708.15-3. A person taking the child into custody, under this section, shall immediately attempt to

notify the parent(s), guardian(s), and legal custodian(s) of the child by the most practical means.

Attempts to satisfy notification shall continue until either the parent(s), guardian(s), and legal

custodian(s) of the child is notified, or the child is delivered to an Indian Child Welfare Worker,

whichever occurs first. If the child is delivered to the Indian Child Welfare Worker before the

parent(s), guardian(s), and legal custodian(s) is notified, the Indian Child Welfare Worker, or

another person at his or her direction, shall continue the attempt to notify until the parent(s),

guardian(s), and legal custodian(s) of the child is notified.

708.15-4. Once the child is taken into custody and turned over to the care of the Department, the

Department shall make every effort to release the child immediately to the child's parent(s),

guardian(s), and legal custodian(s), so long as it is in the child’s best interest and the parent(s),

guardian(s), and legal custodian(s) is willing to receive the child.

708.15-5. Probable Cause for Taking a Child into Custody. A child may be held in custody if the

Indian Child Welfare Worker determines the child is within the jurisdiction of the Court and

probable cause exists to believe any of the following if the child is not held in custody:

(a) The child will cause injury to himself or herself or be subject to injury by others;

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(b) The child will be subject to injury by others, based on a determination that if another

child in the home is not held that child will be subject to injury by others;

neglecting, refusing, unable or unavailable to provide adequate supervision and care, and

that services to ensure the child's safety and well-being are not available or would be

inadequate;

(d) The child meets the criteria for probable cause for taking a child into custody specified

in section 708.15-5(c), based on a determination that another child in the home meets any

of the criteria; or

(e) The child will run away or be taken away so as to be unavailable for proceedings of the

Court.

708.15-6. Holding a Child in Custody. A child held in custody may be held in any of the following

places as long as the places are in the child’s best interest and all people residing or regularly

visiting the premises have cleared a background check:

(a) The home of a relative, except that a child may not be held in the home of a relative

that has been convicted of the first-degree intentional homicide or the second-degree

intentional homicide of a parent of the child, or any crime against a child, and the

conviction has not been pardoned, forgiven, reversed, set aside or vacated, unless the

person making the custody decision determines by clear and convincing evidence that the

placement would be in the best interests of the child. The person making the custody

decision shall consider the wishes of the child in making that determination;

(b) A licensed foster home;

(d) A non-secure facility operated by a licensed child welfare agency;

(e) A licensed private or public shelter care facility; or

(f) A hospital or other medical or mental health facility; or

(f)(g) The home of a person not a relative, if the placement does not exceed thirty (30)

days, though the placement may be extended for up to an additional thirty (30) days by the

Indian Child Welfare Worker, and if the person has not had a child care license refused,

revoked, or suspended within the last two (2) years.

708.15-7. When holding a child in custody for emergency placement the use of the preferences

for placement stated in section 708.1011-1 are preferred, but not mandatory. If the preferences for

placement are not followed, the Department shall try to transition that child into a home that fits

the order of preferences for placement as quickly as deemed appropriate by the Department.

708.15-8. If a child is held in custody, the Indian Child Welfare Worker shall notify the child’s

parent(s), guardian(s), and legal custodian(s) of the reasons for holding the child and of the child's

whereabouts except when the Indian Child Welfare Worker believes that notice would present

imminent danger to the child. If the parent, guardian, or legal custodian is not immediately

available, the Indian Child Welfare Worker or another person designated by the worker shall

provide notice as soon as possible.

708.15-9. The Indian Child Welfare Worker shall also notify the parent, guardian, and legal

custodian of the following:

(a) the date, time and place of the emergency custody hearing;

(b) the nature and possible outcomes of the hearing;

(d) the right to retain counsel at his or her own expense.

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708.15-10. When the child is age twelve (12) or older, the Indian Child Welfare Worker shall

notify the child of the date, time, and place and the nature and possible outcomes of the emergency

custody hearing.

708.16. Emergency Custody Hearing

708.16-1. If a child who has been taken into custody under section 708.15-5 is not released, a

hearing to determine whether the child shall continue to be held in custody under the criteria of

probable cause for taking a child into custody under section 708.15-5(a)-(e) shall be conducted by

the Court as soon as possible but no later than seventy-two (72) hours ofafter the time the decision

to hold the child was made, excluding Saturdays, Sundays, and holidays. By the time of the

hearing, a petition for a child in need of protection or services under section 708.17 shall be filed

unless the Department seeks and receives an extension pursuant to section 708.16-2. The child

shall be released from custody if a hearing is not held within the specified timelines.

708.16-2. If no petition has been filed by the time of the hearing, a child may be held in custody

with approval of the Court for an additional seventy-two (72) hours from the time of the hearing,

excluding Saturdays, Sundays, and holidays, only if, as a result of the facts brought forth at the

hearing, the Court determines that probable cause exists to believe any of the following:

(a) That additional time is required to determine whether the filing of a petition initiating

proceedings under this law is necessary;

(b) That the child is an imminent danger to himself or herself or to others; or

neglecting, refusing, unable, or unavailable to provide adequate supervision and care.

708.16-3. The Court may grant a one-time extension under section 708.16-2 for a petition. In the

event a petition is not filed within the extension period, the Court shall order the child's immediate

release from custody. For any parties not present at the hearing, the Department shall serve the

petition on those parties by certified mail, return receipt requested.

708.16-4. Prior to the start of the hearing, the Court shall provide a copy of the petition to the

parent, guardian, and legal custodian if present, and to the child if he or she is twelve (12) years of

age or older.

708.16-5.708.16-4. Prior to the start of the hearing, the Court shall inform the parent, guardian, or

legal custodian of the following:

(a) allegations that have been made or may be made;

(b) the nature and possible outcomes of the hearing and possible future hearings;

(d) the right to retain counsel at his or her own expense.

708.16-65. If present at the hearing, the Court may permit the parent to provide the names and

other identifying information of three (3) relatives of the child or other individuals eighteen (18)

years of age or older whose homes the parent wishes the Court to consider as placements for the

child. If the parent does not provide this information at the hearing, the Department shall permit

the parent to provide the information at a later date.

708.16-76. All orders to hold a child in custody shall be in writing and shall include all of the

following:.

(a) All orders to hold a child in custody shall include all of the following:

(a)

(1) A finding that continued placement of the child in his or her home would

be contrary to the best interests of the child;

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(b)

(2) A finding that the Department and/or anyone else providing services to

the child had reasonable grounds to remove the child from the home based on the

child's best interest;

(c)

(3) A finding that the Department has made reasonable efforts to prevent

the removal of the child from the home, while assuring that the child’s best

interestinterests are the paramount concerns;

(d)

(4) The Department made reasonable efforts to make it possible for the

child to return safely home; and

(e)

(5) If the child has one (1) or more siblings, who have also been removed

from the home, a finding as to whether the Department has made reasonable efforts

to place the child in a placement that enables the sibling group to remain together,

unless the Court determines that a joint placement would be contrary to the safety

or well-being of the child or any of those siblings, in which case the Court shall

order the Department make reasonable efforts to provide for frequent visitation or

other ongoing interaction between the child and the siblings, unless the Court

determines that such visitation or interaction would be contrary to the safety or

well-being of the child or any of those siblings.

(b) An order to hold a child in custody may include the following:

(1) an transfer of the legal custody of the child, including decisions about health

care and education.

708.16-87. An order to hold a child in custody remains in effect until a dispositional order is

granted, the petition is withdrawn or dismissed, or the order is modified or terminated by further

order of the Court.

708.16-98. An order to hold a child in custody may be re-heard upon motion of any party if, in

the Court’s discretion, good cause is found, whether or not counsel was present.

708.17. Petition for a Child in Need of Protection or Services

708.17-1. The Nation’s Child Welfare attorney or the Department shall initiate proceedings under

this section by filing a petition with the Court, signed by a person who has knowledge of the facts

alleged or is informed of them and believes them to be true. Upon filing with the Court, the

Department shall provide a copy of the petition to the parties by personal service or, if personal

service is not possible, by certified mail with return receipt requested.

708.17-2. The petition shall include the following:

(a) The name, birth date, address, and tribal affiliation of the child;

(b) The names, birth dates, addresses, and tribal affiliation of the child's parent, guardian,

legal custodian or spouse, if any; or if no such person can be identified, the name and

address of the nearest relative;

the date and time he or she was taken into custody unless there is reasonable cause to

believe that such disclosure would result in imminent danger to the child or legal custodian;

(d) A Uniform Child Custody Jurisdiction and Enforcement Act affidavit;

(e) A plain and concise statement of facts upon which the allegations are based, including

the dates, times, and location at which the alleged acts occurred. If the child is being held

in custody outside his or her home, the statement shall include information showing that

continued placement of the child in the home would be contrary to the welfare of the child

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and the efforts that were made to prevent the removal of the child, while assuring that the

child’s health, welfare, and safety are the paramount concerns; and

(f) Any other information as deemed necessary by the Court.

708.17-3. The petition shall state if any of the facts required for a petition are not known or cannot

be ascertained by the petitioner.

708.17-4. A petition may be amended at any time at the discretion of the Court. An Upon filing

with the Court, the Department shall provide a copy of the amended petition may be given to the

parties directly by the Nation’s Child Welfare attorney or the Indian Child Welfare Worker or served on

the parties pursuant to the Oneida Judiciary Rules of Civil Procedurecertified mail with return receipt

requested.

708.18. Consent Decree

708.18-1. Consent Decree. At any time after the filing of a petition pursuant to section 708.17

and before the entry of judgment, the Court may suspend the proceedings and place the child under

supervision in the home or present placement of the child. The Court may establish terms and

conditions applicable to the child and the child's parent, guardian or legal custodian. The order

under this section shall be known as a consent decree and must be agreed to by the child who is

twelve (12) years of age or older, the parent, guardian or legal custodian, and the person filing the

petition. The consent decree shall be reduced to writing and given to the parties.

708.18-2. Requirements of a Consent Decree. If at the time the consent decree is entered into the

child is placed outside the home and if the consent decree maintains the child in that placement,

the consent decree shall include all of the following:

(a) A finding that placement of the child in his or her home would be contrary to the

welfare of the child;

(b) A finding as to whether the Department has made reasonable efforts to prevent the

removal of the child from the home, while assuring that the child's health and safety and

best interests are the paramount concerns;

the Department has made reasonable efforts to achieve the permanency goal of the child's

permanency plan; and

(d) If the child has one or more siblings who have also been removed from the home, the

consent decree shall include a finding as to whether the Department has made reasonable

efforts to place the child in a placement that enables the sibling group to remain together,

unless the Court determines that the placement of the siblings together would be contrary

to the safety, well-being and best interests of the child or any of those siblings, in which

case the Court shall order the department to make reasonable efforts to provide for frequent

visitation or other ongoing interaction between the child and the siblings, unless the Court

determines that such visitation or interaction would be contrary to the safety, well-being or

best interests of the child or any of those siblings.

708.18-3. Time Limits of Consent Decree. A consent decree shall remain in effect up to six (6)

months unless the child, parent, guardian, or legal custodian is discharged sooner by the

Court. The time limits under this law shall be tolled during the pendency of the consent decree.

708.18-4. Extension of a Consent Decree. Upon the motion of the Court or the request of the

child, parent, guardian, legal custodian, child's guardian ad litem, or the Department, the Court

may, after giving notice to the parties to the consent decree, extend the decree for up to an

additional six (6) months in the absence of objection to the extension by the parties to the initial

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consent decree. If the child, parent, guardian, legal custodian, or child's guardian ad litem objects

to the extension, the Court shall schedule a hearing and make a determination on the issue of

extension.

708.18-5. If, prior to discharge by the Court, or the expiration of the consent decree, the Court

finds after conducting a hearing that the child, parent, guardian, or legal custodian has failed to

fulfill the express terms and conditions of the consent decree, the hearing under which the child

was placed on supervision may be continued to conclusion as if the consent decree had never been

entered.

708.19. Plea Hearing for a Child in Need of Protection or Services

708.19-1. A plea hearing shall take place on a date which allows reasonable time for the parties to

prepare but is within forty-five (45) days after the filing of a petition, unless the Court enters an

order finding good cause to go outside of the time limits.

708.19-2. If a petition is not contested, the Court shall set a date for the dispositional hearing

which allows reasonable time for the parties to prepare but is within forty-five (45) days after the

plea hearing, unless the Court enters an order finding good cause to go outside the time limits. If

all the parties agree and the Department has submitted a court report pursuant to section 708.21,

the Court may proceed immediately with the dispositional hearing.

708.19-3. If the petition is contested, the Court shall set a date for the fact-finding hearing which

allows reasonable time for the parties to prepare but is within sixty (60) days after the plea hearing,

unless the Court enters an order finding good cause to go outside the time limits.

708.19-4. Before accepting an admission or plea of no contest of the alleged facts in a petition,

the Court shall:

(a) Address the parties present and determine that the plea of no contest or admission is

made voluntarily with understanding of the nature of the acts alleged in the petition and

the potential outcomes;

(b) Establish whether any promises or threats were made to elicit the plea of no contest or

admission; and

708.19-5. At the plea hearing the Department may request placement of the child outside of the

child’s home in accordance with the placement preferences in section 708.11-1, if notice of the

Department’s intent to seek out of home placement of the child was provided to the parties prior

to the hearing in substantial compliance with section 708.15-9. In the request for placement of the

child outside of the child’s home the Department shall present as evidence specific information as

outlined in 708.16-6(a)(1)-(5).

708.19-6. If the Court orders the out of home placement of the child, the order shall be in writing

and shall contain the information required by section 708.16-6(a)(1)-(5).

708.20. Fact finding Hearing for a Child in Need of Protection or Services

708.20-1. The fact-finding hearing is a hearing conducted by the Court to determine whether there

is clear and convincing evidence to establish that the child is in need of protection or services.

708.20-2. The fact-finding hearing shall be conducted according to the Oneida Judiciary Rules of

Civil Procedure except that the Court may exclude the child from the hearing.

708.20-3. At the close of the fact-finding hearing, the Court shall set a date for the dispositional

hearing which allows a reasonable time for the parties to prepare but is no more than forty-five

(45) days after the fact-finding hearing, unless the Court enters an order finding good cause to go

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outside the time limits. If all the parties agree and the Department has submitted court report

pursuant to section 708.21, the Court may proceed immediately with the dispositional hearing.

708.21. Department’s Disposition Report for a Child in Need of Protection or Services

708.21-1. Before the dispositional hearing, the Department shall submit a written report to the

Court, with a copy provided to the parties by first-class mail at least seven (7) days prior to the

hearing, which shall contain all of the following:

(a) The social history of the child and family;

(b) A strategic plan for the care of and assistance to the child and family calculated to

resolve the concerns presented in the petition;

the benefits to the child and family under the proposed plan; and

(d) If an out-of-home placement is being recommended, specific reasons for

recommending that placement.

708.21-2. If the Department is recommending out-of-home placement, the written report shall

include all of the following:

(a) The location of the placement and where it fits within the placement preferences.

(b) A recommendation as to whether the Court should establish a child support obligation

for the parents;

would be contrary to the best interests of the child and specific information showing that

the Department has made reasonable efforts to prevent the removal of the child from the

home, while assuring that the child's best interests are the paramount concerns;

(d) If the child has one (1) or more siblings who have been removed from the home or for

whom an out-of-home placement is recommended, specific information showing that

Department has made reasonable efforts to place the child in a placement that enables the

sibling group to remain together, unless the Department recommends that the child and his

or her siblings not be placed together, in which case the report shall include specific

information showing that placement of the children together would be contrary to the best

interests of the child or any of those siblings; and

(e) If a recommendation is made that the child and his or her siblings not be placed together

specific information showing that the Department has made reasonable efforts to provide

for frequent visitation or other ongoing interaction between the child and the siblings,

unless the Department recommends that such visitation or interaction not be provided, in

which case the report shall include specific information showing that such visitation or

interaction would be contrary to best interests of the child or any of those siblings;

708.21-3. The Department may request the Court to withhold identifying information from the

child's parent, guardian or legal custodian if there are reasonable grounds to believe that disclosure

would result in imminent danger to the child or anyone else.

708.22. Dispositional Hearing for a Child in Need of Protection or Services

708.22-1. At a dispositional hearing, any party may present evidence relevant to the issue of

disposition, including expert testimony, and may make alternative dispositional recommendations.

708.22-2. During a dispositional hearing, if the Department is recommending placement of the

child outside of the child’s home in accordance with the placement preferences in section 708.111, the Department shall present as evidence specific information showing all of the following:

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(a) That continued placement of the child in his or her home would be contrary to the best

interests of the child;

(b) That the Department has made reasonable efforts to prevent the removal of the child

from the home, while assuring that the child's best interests are the paramount concerns;

whom an out-of-home placement is recommended, that the Department has made

reasonable efforts to place the child in a placement that enables the sibling group to remain

together, unless the Department recommends that the child and his or her siblings not be

placed together, in which case the Department shall present as evidence specific

information showing that placement of the children together would be contrary to the best

interests of the child or any of those siblings; and

(d) If a recommendation is made that the child and his or her siblings not be placed together,

that the Department has made reasonable efforts to provide for frequent visitation or other

ongoing interaction between the child and the siblings, unless the Department recommends

that such visitation or interaction not be provided, in which case the Department shall

present as evidence specific information showing that such visitation or interaction would

be contrary to the best interests of the child or any of those siblings.

708.22-3. The Court’s dispositional order shall employ those means necessary to maintain and

protect the best interests of the child which are the least restrictive of the rights of the parent and

child and which assure the care, treatment or rehabilitation of the child and the family consistent

with the protection of the public. When appropriate, and, in cases of child abuse or neglect when

it is consistent with the best interest of the child in terms of physical safety and physical health,

the family unit shall be preserved and there shall be a policy of transferring custody of a child from

the parent only when there is no less drastic alternative. If there is no less drastic alternative for a

child than transferring custody from the parent, the Court shall consider transferring custody

pursuant to the preferences for placement set forth in section 708.11-1.

708.22-4. Dispositional Orders. The Court’s dispositional order shall be in writing and shall

contain:

(a) The treatmentservice plan and specific services to be provided to the child and family,

and if custody of the child is to be transferred to effect the treatmentservice plan, the

identity of the legal custodian;

(b) If the child is placed outside the home, where the child will be placed. If the Court

finds that disclosing identifying information related to placement of the child would result

in imminent danger to the child or anyone else, the Court may order the name and address

of whom the child is placed with withheld from the parent or guardian;

(1) A dispositional order made before the child reaches eighteen (18) years of age

that places or continues the placement of the child in his or her home shall terminate

one (1) year after the date on which the order is granted unless the Court specifies

a shorter period of time or the Court terminates the order sooner.

(2) A dispositional order made before the child reaches eighteen (18) years of age

that places or continues the placement of the child outside of the home shall

terminate on the latest of the following dates, unless the Court specifies a shorter

period or the Court terminates the order sooner:

(A) The date on which the child attains eighteen (18) years of age;

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(B) The date that is one (1) year after the date on which the order is granted;

and

equivalency diploma or the date on which the child reaches nineteen (19)

years of age, whichever occurs first, if the child is a full-time student at a

secondary school or its vocational or technical equivalent and is reasonably

expected to complete the program before reaching nineteen (19) years of

age.

(d) If the child is placed outside the home, a finding that continued placement of the child

in his or her home would be contrary to the welfare of the child and a finding as to whether

the Department has made reasonable efforts to prevent the removal of the child from the

home, while assuring that the child's best interests are the paramount concerns. The Court

shall make the findings specified in this subdivisionsubsection on a case-by-case basis

based on circumstances specific to the child;

(e) If the child is placed outside the home under the supervision of the Department, an

order ordering the child into the placement and care responsibility of the Department and

assigning the Department primary responsibility for providing services to the child and

family;

(f) If the child is placed outside the home and if the child has one (1) or more siblings who

have also been placed outside the home, a finding as to whether the Department has made

reasonable efforts to place the child in a placement that enables the sibling group to remain

together, unless the Court determines that placement of the children together would be

contrary to the best interests of the child or any of those siblings, in which case the Court

shall order the Department to make reasonable efforts to provide for frequent visitation or

other ongoing interaction between the child and the siblings, unless the Court determines

that such visitation or interaction would be contrary to the best interests of the child or any

of those siblings;

(g) A statement of the conditions with which the parties are required to comply; and

(h) If the Court finds that it would be in the best interest of the child, the Court may set

reasonable rules of parental visitation.

(1) If the Court denies a parent visitation, the Court shall enter conditions that shall

be met by the parent in order for the parent to be granted visitation.

708.22-5. Treatment PlansService plans and Conditions. In a proceeding in which a child has

been found to be in need of protection or services, the Court may order the child's parent, guardian

and legal custodian to comply with any conditions and/or treatmentservice plan determined by the

Court to be necessary for the child's welfare.

(a) The treatmentservice plan or conditions ordered by the Court shall contain the

following information:

(1) The identification of the problems or conditions that resulted in the abuse or

neglect of a child;

(2) The treatment goals and objectives for each condition or requirement

established in the plan. If the child has been removed from the home, the

treatmentservice plan must include, but is not limited to, the conditions or

requirements that must be established for the safe return of the child to the family;

(3) The specific treatment objectives that clearly identify the separate roles and

responsibilities of all parties addressed in the treatmentservice plan, including the

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Department’s specific responsibilities to make reasonable efforts to assist the

parent, guardian or legal custodian in their efforts toward reunification with the

child; and

(4) A notice that completion of a treatmentservice plan does not guarantee the

return of a child and that completion of a treatmentservice plan without a change in

behavior that caused removal in the first instance may result in the child remaining

outside the home.

(b) A treatmentservice plan may include recommendations and the dispositional order may

require the child’s parent, guardian and legal custodian to participate in:

(1) Outpatient mental health treatment;

(2) Substance abuse treatment;

(3) Anger management;

(4) Individual or family counseling;

(5) Parent training and education;

(6) Cultural wellness treatment and training; and/or

(7) Any other treatment as deemed appropriate by the Court.

708.22-6. If the Court finds that the parent was convicted of committing a crime against the life

and bodily security of a child or a crime against a child, contained within Chapters 940 and 948 of

the Wisconsin Statutes or another similar law in another jurisdiction, the Court may find that the

Department is not required to make reasonable efforts with respect to the parent to make it possible

for the child to return safely to his or her home.

708.22-7. The Court shall provide a copy of the dispositional order to the child's parent, guardian,

and legal custodian, and other parties to the action, and the child if the child is age twelve (12) or

older.

708.22-8. Whenever the Court orders a child to be placed outside his or her home or denies a

parent visitation because the child is in need of protection or services, the Court shall orally inform

the parent who appears in Court of any grounds for suspension or termination of parental rights

which may be applicable and of the conditions necessary for the child to be returned to the home

or for the parent to be granted visitation. The Court shall also include this information in the written

dispositional order provided to the parent.

708.23. Permanency Plans

708.23-1. The Department shall prepare a written permanency plan anytime a child is placed

outside the home pursuant to dispositional order that finds the child is in need of protection or

services. The permanency plan shall include all of the following:

(a) The permanency plan shall include all of the following:

(1) The name, birth date, address, and tribal affiliation of the child;

(b2) The names, birth dates, addresses, and tribal affiliation of the child's parent(s),

guardian(s), and legal custodian(s);

(c3) The date on which the child was removed from the home;

(d4) A statement as to the availability of a safe and appropriate placement with an

extended family member;

(e5) The goal(s) of the permanency plan which may include one or more of the

following: reunification, adoption, guardianship, placement with a fit and willing

relative, or long-term foster care;

(f6) Date by which it is likely the goal(s) of the permanency plan will likely be

achieved;

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(g7) A description of the services offered and any services provided in an effort to

prevent removal of the child from the home or to return the child to the home, while

assuring that the best interests of the child are the paramount concerns;

(h8) If the child has one (1) or more siblings who have been removed from the

home, a description of the efforts made to place the child in a placement that enables

the sibling group to remain together. If a decision is made to not place the siblings

together, a description of the efforts made to provide for frequent and ongoing

visitation or other ongoing interaction between the child and siblings;

(i9) Information about the child’s education; and

(j10) Any other appropriate information as deemed necessary by the Court or the

Department.

708.23-2. The Department shall file the initial permanency plan with the Court within sixty (60)

days after the date the child was first removed from the home unless the child is returned to the

home within that time period.

708.23-3. The Court shall hold a hearing to review the permanency plan no later than six (6)

months after the date on which the child was first removed from the home and every six months

thereafter for as long as the child is placed outside the home and is found to be in need of protection

or services.

(a) At least five (5) businessseven (7) days before the date of the hearing, the Department

shall provide a copy offile the updated permanency plan towith the Court and provide a

copy to the parties by first-class mail.

(b)

This text is long and has been trimmed here. Open the source document for the complete record.

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.