Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code
Title 3. Child and Family Protection
3-1. Short Title, Purpose and Definitions
LLOjibwe JCT3 CFC § 3-1
3-1. Short Title, Purpose and Definitions
A. Short Title:
Title 3 (Chapters 3-1 through 3-30) shall be entitled “The Child/Family Protection Code”.
The Child/Family Protection Code shall be liberally interpreted and construed to fulfill the following expressed purposes:
1. To provide for the welfare, care and protection of the children and families on the Leech Lake Indian Reservation.
2. To preserve unity of the family, preferably by separating a child from his parents only when necessary;
3. To take such actions as may be necessary and feasible to prevent the abuse, neglect or abandonment of children;
4. To provide a continuum of services for children and their families from prevention to residential treatment, with emphasis whenever possible on prevention, early intervention and community-based alternatives;
5. To secure the rights of and ensure fairness to the children, parents, guardian, custodians or other parties who come before the Tribal Court under the provisions of this Code;
6. To ensure that off-reservation courts will be willing to return Band children to the Reservation by establishing this Code;
7. To recognize and acknowledge the tribal customs and traditions of the Leech Lake Band with regard to child rearing.
1. “Abandon”: The failure of the parent, guardian or custodian to provide reasonable care and to maintain regular contact with a child. Failure to maintain a normal parental relationship with the child without just cause for a period of six (6) months shall constitute prima facie evidence of abandonment. Custody with extended family members or voluntary consent to placement does not constitute abandonment.
2. “Abuse”: The infliction of physical, emotional or mental injury on a child, or sexual abuse or sexual exploitation of a child and shall include failing to provide reasonable care and treatment or exploiting or overworking a child to such an extent that his health or emotional well being is endangered.
3. “Adult”: A person eighteen (18) years of age or older, or otherwise emancipated by order of a court of competent jurisdiction.
4. “Child”: A person who is less than eight (18) years of age or older, or otherwise emancipated by order of a court of competent jurisdiction.
5. “Child Protection Team”: A team established to involve and coordinate the child protection services of various agencies as set forth in Chapter 2-7 of this Code.
4. “Court”: The Tribal Court of the Leech Lake Band.
7. “Custodian”: A person, other than a parent or guardian, to whom custody of the child has been given.
8. “Domicile”: A person's permanent home, legal home or main residence. The domicile of a child is generally that of the custodial parent or guardian. Domicile includes the intent to establish a permanent home or where the parent or guardian considers being their permanent home.
9. “Emergency Foster Home”: Placement with a family whose home has been licensed to accept emergency placements of children at any hour of the day or night (see “Foster Home”).
10. “Extended Family”: Relatives of the child including grandparents, uncles, aunts, sisters, brothers, nephews, nieces, and cousins, regardless of the degree of kinship. Extended family may include relatives of the child related by marriage to another extended family member or by traditional or legal adoption.
11. “Foster Home”: Placement with a family whose home has been licensed by the social services department of the Band or other approved agency.
12 “Guardian”: A person assigned by a court of law, other than a parent, having the duty and authority to provide care and control of a child (see “Permanent Guardian”, “Temporary Guardian”, “Guardian Ad Litem”, and “Guardian of Property”).
13. “Guardian Ad Litem”: A person appointed by the Court to represent the child's interests before the Court.
14. “Guardian of Property”: A person appointed by the Court to manage the property of a child or incompetent person as set forth in Chapter 3-25 of this Code.
15. “He/His”: The use of he/his means he or she, his or her, and singular includes plural.
16. “Incompetent”: A person who is, for any cause, mentally incompetent to take care of himself and to manage his property.
17. “Indian”: Any member of a federally recognized Indian tribe, band or community, or Alaska Natives; or a person considered by the community to be Indian; or recognized as an Indian by the federal government for any purpose.
18. “Neglect”: The failure of the parent, guardian or custodian to provide adequate food, clothing, shelter, medical care, education or supervision for the child's health and well being. “Neglect” shall include “abandoned” children.
19. “Parent”: Includes a natural or adoptive parent, but does not include persons whose parental rights have been terminated, nor does it include an unwed father whose paternity has not been acknowledged or established.
20. “Open Adoption”: An adoption, which is not intended to permanently deprive the child of connections to, or knowledge of, his or her natural family.
21. “Permanent Guardian”: A guardian who has been granted long term Guardianship status as set forth in Section 3-25D of this Code.
22. “Protective Services Worker”: The protective services worker, social services worker, law enforcement personnel or any person who performs the duties and responsibilities set forth in Chapter 3-6 of this Code.
23. “Reservation”: The Leech Lake Reservation in the State of Minnesota.
24. “Temporary Guardianship”: A guardian who has been granted temporary guardian status as set forth in Chapter 3-25 of this Code.
25. “Tribal Council”: The Tribal Council of the Leech Lake Band.
26. “Tribal Court”: The Tribal Court of the Leech Lake Band as established in Title 1 of this Code.
27. “Band”: The Leech Lake Band.
Resolution No. 03-62, presented and acted upon on December 23, 2002.
Leech Lake Ojibwe Jud. Code, T. 3, Child & Fam. Protect. Code § 3-1, LLOjibwe JCT3 CFC § 3-1