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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 3. Child and Family Protection
3-5. Protective Services Workers

LLOjibwe JCT3 CFC § 3-5
3-5. Protective Services Workers

A. Power and Duties:

1. Protective services workers shall be employed by the Band social services department and/or the Band law enforcement department.

2. The department(s) may cooperate with such state and community agencies as are necessary to achieve the purposes of the code. The department(s) may negotiate working agreements with other jurisdictions. Such agreements shall be subject to ratification by the Reservation Tribal Council.

3. A protective services worker shall:

a. Receive reports of neglected, abused or abandoned children and be prepared to provide temporary foster care for such children on a twenty-four (24) hour basis, and;

b. Receive from any source, oral or written, information regarding a child who may be in need of protective services.

c. Upon receipt of any report or information under paragraph (a) or (b) of this section, immediately:

1. notify the appropriate law enforcement agency, and;

2. make prompt and thorough investigation which shall include a determination of the nature, extent, and cause of any condition which is contrary to the child's best interests and the name, age, and condition of other children in the home.

d. Take a child into temporary custody if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his surroundings and that his removal is necessary. Law enforcement officials shall cooperate with social services personnel to remove a child form the custody of this parents, guardian, or custodian when necessary.

e. After investigation, evaluate and assess the home environment of the child or children in the same home and the risk to such children if they continue to be subjected to the existing home environment, and all other facts or matters found to be pertinent. They shall determine whether any of such children is a child in need of protective services.

f. Offer to the family of any child found to be a child in need of protective services appropriate services which may include, but shall not be restricted to, protective services.

g. Within thirty (30) days after a referral of a potential child in need of protective services, submit a written report of the investigation and evaluation to the Band prosecutor.

h. No child shall remain in temporary custody for a period exceeding seventy-two (72) hours, excluding Saturdays, Sundays and holidays, unless a child/family protection petition is filed.

B. Limitations of Authority; Duty to Inform

1. Before offering protective services to a family, a worker shall inform the family that he has no legal authority to compel the family to receive such services and of his authority to initiate a petition in the Tribal Court.

2. If the family declines the offered services, the worker may initiate a child/family protection petition in Tribal Court alleging a child in need of protective services if he/she believes it to be in the child's best interests.

Resolution No. 03-62, presented and acted upon on December 23, 2002.

Leech Lake Ojibwe Jud. Code, T. 3, Child & Fam. Protect. Code § 3-5, LLOjibwe JCT3 CFC § 3-5

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