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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 3. Child and Family Protection
3-8. Investigation and Removal

LLOjibwe JCT3 CFC § 3-8
3-8. Investigation and Removal

A. Investigation

When a report of suspected child abuse or neglect is received by the law enforcement department the officer receiving the report shall inform the social services department of the report immediately and shall assist the social services department with the removal of the child and investigated of the case as necessary. The child abuse or neglect report shall be investigated within one court working day by the social services department or other appropriate agency, unless the Tribal Court directs otherwise.

B. Authority to Remove

If the person investigating a report of child abuse or neglect finds that the grounds for removal, listed in Section 3-8C below, have been met, such person may remove the child from the home in which the child is residing and place the child with a responsible member of the child's extended family, a temporary foster home or other appropriate placement.

C. Grounds for Emergency Removal

No child shall be removed from the home of the child's parent, guardian or custodian without the consent of the parent, guardian or custodian absent a specific order of the Tribal Court, except as follows:

1. When failure to remove the child may result in a substantial risk of death, permanent injury, or serious emotion harm, or;

2. When the parent, guardian or custodian is absent and it appears, from the circumstances, that the child is unable to provide for his own basic necessities of life, and that no satisfactory arrangements have been made by the parent, guardian or custodian to provide for such necessities.

D. Power to Remove

Any person shall have the power to remove a child pursuant to this section provided that:

1. Reasonable grounds existed at the time of the removal to believe the removal was necessary, and;

2. The person removing the child ensures the safety and well being of the child, until such time as the Tribal Court assumes jurisdiction of the matter, and;

3. The person removing the child complies with the notice provisions contained in Chapter 3-9 of this Code.

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

Leech Lake Ojibwe Jud. Code, T. 3, Child & Fam. Protect. Code § 3-8, LLOjibwe JCT3 CFC § 3-8

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