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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Juvenile Code

Chapter 3. Child Abuse Reporting and Prevention

§ 301. Legislative Purpose

§ 302. Definitions

§ 303. Persons Required to Report Child Abuse or Neglect

§ 304. Reporting Procedures

§ 305. Action Upon Receipt of Report

§ 306. Interference with Investigation and Retaliation Prohibited Civil Penalty

§ 307. Required Report of Post-Mortem Investigation

§ 308. Evidence of Abuse

§ 309. Immunity from Liability

§ 310. Temporary Protective Custody

§ 311. Confidentiality of Records

§ 312. Duty to Provide Summary to Person Being Investigated

§ 313. Child Protection Teams--Purpose

§ 314. Child Protection Teams--Meetings

§ 315. Child Protection Team--Authority and Functions

§ 316. Child Protection Teams--Duties

§ 317. Central Registry/Case Management System

§ 318. Court Proceedings--Guardian Ad Litem

§ 319. Child Abuse and Child Neglect Diversion Program

§ 320. Evidence Not Privileged

AST JUVENILE Code § 301
§ 301. Legislative Purpose

The Absentee Shawnee Tribal Business Committee hereby declares that the complete reporting of child abuse is a matter of Tribal concern and that in enacting this Chapter it is the intent of the Tribe to protect the children within the jurisdiction of the Tribe and to offer protective services in order to prevent any further harm to a child suffering from abuse. It is the further intent of the Tribe that the various federal, state and Tribal medical, mental health, education, and social services agencies impacting on child welfare matters find a common purpose through cooperative participation in the child protection teams created in this Chapter.

Absentee Shawnee Juvenile Code § 301, AST JUVENILE Code § 301

 

 

 




AST JUVENILE Code § 302
§ 302. Definitions

As used in this Chapter, unless the context otherwise requires:

(a) “Abuse” or “child abuse or neglect” means an act or omission in one of the following categories which seriously threatens the health or welfare of a child:

(1) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any kind, subdural hematoma, soft-tissue swelling, or death, and such condition or death is at variance with the degree or type of such condition or death or circumstances indicate that such condition or death may not be the product of an accidental occurrence;

(2) Any case in which a child is subject to sexual assault, molestation, sexual exploitation or lewd conduct;

(3) Any case in which the child's parents, guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, or supervision that a prudent parent would take;

(4) In all cases, those investigating reports of child abuse shall take into account accepted child rearing practices of the culture in which the child participates. Nothing in this subsection shall refer to acts which could be construed to be a reasonable exercise of parental discipline.

(b) “Child” means any person under the age of eighteen (18) years, except any person convicted of a crime specified in the law of any State or federal law or any person who has been certified as an adult pursuant to § 548 of this Code or under any state or federal law or charged with a felony and convicted;

(c) “Child protection team” means a multi-disciplinary team consisting, where possible, of a physician, the Child Protection Worker, Indian Child Welfare, Family Services Director, Child Care Coordinator, a representative of the Tribal law enforcement agency, a representative of a non-Tribal law enforcement agency, a mental health agency representative, a representative of the Social Services Department, a representative of the State Department of Human Services, an attorney, and a representative of the local school district. Each agency may have more than one participating member on the team; except that, in voting on procedural or policy matters, each agency shall have only one vote. In no event shall an attorney member of the child protection team be appointed guardian for the child or as counsel for the parents at any subsequent court proceedings, nor shall the child protection team be comprised of fewer than three (3) persons. The role of the child protection team shall be advisory and recommendatory;

(d) “Confirmed report” means a report which is determined by an Indian Child Welfare worker, based upon some credible evidence, to constitute child abuse or neglect;

(e) “Law enforcement” means the Absentee Shawnee Tribal Police Department;

(f) “Person responsible for the child's health or welfare” includes a parent; a legal guardian; custodian; a foster parent; a person eighteen (18) years of age or older with whom the child's parent cohabitates or any other adult residing in the home of the child; an agent or employee of a public or private residential home, institution, facility or day treatment program; or an owner, operator, or employee of a child care facility;

(g) “Sexual abuse” includes but is not limited to rape, incest and lewd or indecent acts or proposals by a person responsible for the child's, health or welfare;

(h) “Sexual exploitation” includes but is not limited to allowing, permitting, or encouraging a child to engage in prostitution, by a person responsible for the child's health or welfare or allowing, permitting, encouraging, or engaging in the lewd, obscene, or pornographic photographing, filming or depicting of a child in those acts by a person responsible for the child's health or, welfare.

Absentee Shawnee Juvenile Code § 302, AST JUVENILE Code § 302

 

 

 




AST JUVENILE Code § 303
§ 303. Persons Required to Report Child Abuse or Neglect

(a) Any person specified in subsection (b) or (c) of this section who has reasonable cause to know or suspect that a child has been subjected to physical or sexual abuse, sexual exploitation or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect or who has knowledge of the birth of a child dependent on a controlled substance shall immediately report or cause a report to be made of such fact to the Indian Child Welfare Department or the Tribal Police. Such reports may be made by telephone, in writing, personally or by any other method prescribed by the Indian Child Welfare Department.

(b) Persons required to report such abuse or neglect or circumstances or conditions shall include any:

(1) Physician or surgeon, including a physician in training, residents and interns;

(2) Child health associate or community health representative;

(3) Medical examiner or coroner;

(4) Dentist or dental hygienist;

(e) Emergency medical technician or paramedic;

(6) Osteopath;

(7) Optometrist;

(8) Chiropractor;

(9) Chiropodist or podiatrist;

(10) Registered nurse or licensed practical nurse;

(11) Hospital personnel engaged in the admission, care, or treatment of patients;

(12) Veterinarian;

(13) School official or employee, included but not limited to, teacher, school counselor, instructional aide, teacher's aide, teacher's assistant or school bus driver;

(14) Social worker or worker in a family care home or child care center, child day care worker, head start teacher, public assistance worker, worker in a group home or residential or day care facility, licensed or unlicensed marriage, family, or children's counselor;

(15) Mental health professional;

(16) Any law enforcement personnel;

(17) The Tribal Prosecutor or assistants.

(c) In addition to those persons specifically required by this section to report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in abuse or neglect, any other person , whether or not a citizen of the Absentee Shawnee Tribe, shall report known or s suspected child abuse or neglect and circumstances or conditions which might reasonably result in child abuse or neglect to the Indian Child Welfare Department or the Tribal Police.

(d) The privileged communication between patient aid physician between husband and wife or any other privilege or contract shall not relieve any person from the reporting requirements to this section.

(e) Any person under the jurisdiction of the Absentee Shawnee Tribe who willfully violates the provisions of this section, any person who inhibits or prevents a person described in subsection (b) from making a report, or any person who knowingly and willfully makes a false report or a report that the person knows lacks factual foundation:

(1) Shall be subject to a civil penalty not to exceed five hundred dollars ($500.00); and

(2) Shall be liable for associated administrative costs incurred by the Tribe as a result; and

(3) Shall be liable for court costs; and

(4) Shall be liable for damages approximately caused thereby.

(g) Nothing in this section shall be construed to mean a child is abused or neglected for the sole reason the parent guardian or custodian, in good faith, allows the child to be provided with treatment and care by spiritual means alone in accordance with the tenets and practice of a recognized church, religious is denomination, traditional healing or medicine or other religious organization by a recognized practitioner thereof.

Absentee Shawnee Juvenile Code § 303, AST JUVENILE Code § 303

 

 

 




AST JUVENILE Code § 304
§ 304. Reporting Procedures

(a) Reports of known or suspected child abuse or neglect made pursuant to this Chapter shall be made immediately to the Indian Child Welfare Department or Tribal Police and shall be followed promptly by a written report prepared by those persons required to report. The receiving agency shall forward a copy of its own report to the central registry on forms supplied by the Indian Child Welfare Department.

(b) Such reports, when possible, shall include the following information:

(1) The name, address, age, sex, blood quantum km, and social security number of the child;

(2) The name and address of the parent, guardian, or custodian;

(3) The nature and extent of the child's in injuries, including any evidence of previously known or suspected abuse neglect to the child or the child's siblings;

(4) The names and addresses of the alleged perpetrators of the suspected abuse or neglect, if known;

(5) The family composition;

(6) The source of the report and the name, address, and occupation of the person making the report;

(7) Any action taken by the reporting source, including times, locations, and dates;

(8) Any other information that the person making the report believes may be helpful in furthering the purposes of this section.

(c) A copy of the report of known or suspected child abuse or neglect shall be transmitted immediately by the Indian Child Welfare Department to the Tribal Prosecutor and Absentee Shawnee Tribal Police.

(d) A written report from persons or officials required by this Chapter to report known or suspected child abuse or neglect shall be admissible as evidence in any proceeding related to child abuse.

Absentee Shawnee Juvenile Code § 304, AST JUVENILE Code § 304

 

 

 




AST JUVENILE Code § 305
§ 305. Action Upon Receipt of Report

(a) The Indian Child Welfare Department shall make a thorough investigation immediately upon receipt of any report of known or suspected child abuse or neglect. The immediate concern of such investigation shall be the protection of the child.

(b) The investigation shall include a written report which, to the extent that it is reasonably possible, shall address the following:

(1) The nature, extent and cause of the abuse or neglect;

(2) The identity of the person or persons rest responsible for such abuse or neglect;

(3) The names and conditions of other children who may be subject to similar abuse or neglect because of proximity to or association with the suspected perpetrators;

(4) The written report shall, at a minimum, include the results of an interview with the child, and a physical description of the child(ren), including any visible evidence of abuse or neglect. Such a description shall be obtained through direct observation of the child(ren), and the Indian Child Welfare worker shall take or cause to be take of all such evidence as soon as reasonably possible.

(c) Whenever possible the interview shall take place at the child's residence or the place in which the abuse or neglect reportedly occurred; a description of all other pertinent data observed at the interview location shall be included in the report.

(d) If admission to such residence or location cannot be obtained, the Court, upon good cause shown, shall order the responsible person(s) to allow the interview, examination, photography, and investigation. Should the responsible person(s) refuse to allow the interview, examination, photo photography and investigation, the Court shall hold an immediate hearing to show cause why the responsible person(s) should riot be held in contempt of court.

(e) Upon receipt of a report, if the Indian Child Welfare Department has a confirmed report, it shall immediately offer social services to the child(ren) and the family and may cause a petition to be filed by the Tribal Prosecutor in the Tribal Court. If, before the investigation is completed, the opinion of the investigators is that assistance of the Tribal Police is necessary for the protection of the child or other children under the same care, the Tribal Police and the District Judge shall be notified. If immediate removal is necessary to protect the child or other children under the same care from further abuse, the child or children may be placed in protective custody in accordance with Tribal law ..

(f) The Indian Child Welfare Department shall be the receiving agency responsible for the coordination of all investigations of all report of known or suspected child abuse or neglect. The Indian Child Welfare Department shall arrange for such investigations to be conducted by persons trained to conduct either the complete investigation or such parts thereof as may be as signed. The Indian Child Welfare Department may conduct the investigation independently or in conjunction with the Tribal Police Department or may arrange for the initial investigation to be conducted by another agency in cooperation with the Indian Child Welfare Department. The Indian Child Welfare Department shall provide for persons to be continuously available to respond to such reports. Tribal, state and federal agencies shall cooperate to fulfill the requirements of this subsection. As used in this subsection, “continuously available” means the assignment of a person to be near an operable telephone or pager not necessarily located in the premises ordinarily used for business by the Indian Child Welfare Department or to have such arrangements made through agreements with the Tribal Police local law enforcement agencies.

(g) If a local law enforcement agency receives a report of known or suspected child abuse or neglect, it shall first attempt to contact the Indian Child Welfare Department in order to refer the case for investigation. If the local law enforcement agency is unable to contact the Indian Child Welfare Department, it shall refer the matter immediately to the Tribal Police for a complete investigation by the Indian Child Welfare Department and the Tribal Police. The Tribal Police, upon receipt of a report and upon completion of any investigation it may undertake, shall immediately forward a summary of the investigatory data plus all relevant documents to the Indian Child Welfare Department.

Absentee Shawnee Juvenile Code § 305, AST JUVENILE Code § 305

 

 

 




AST JUVENILE Code § 306
§ 306. Interference with Investigation and Retaliation Prohibited Civil Penalty

(a) No person shall interfere with a lawful investigation of suspected child abuse.

(b) No person shall retaliate by any means against any person who has made a good faith report of suspected child abuse or who cooperates with an investigation of suspected child abuse.

(c) Any person who violates subsections (a) or (b) of this section shall be enjoined from such activity and shall be subject to a civil penalty of up to $500.00 per occurrence. The penalty shall be assessed by the Tribal Court only after petition, notice, the opportunity to be heard, and a determination that either interference or retaliation as set out in this section occurred.

Absentee Shawnee Juvenile Code § 306, AST JUVENILE Code § 306

 

 

 




AST JUVENILE Code § 307
§ 307. Required Report of Post-Mortem Investigation

(a) Any person who is required to report known or suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report such fact immediately to the appropriate law enforcement agency and to the appropriate coroner or medical examiner. The law enforcement agency and the coroner or medical examiner shall accept such report for investigation and shall report their findings to the Tribal Police, the Tribal Prosecutor, and the Indian Child Welfare Department.

(b) The tribal department with such report shall forward a copy of such report to the central registry.

Absentee Shawnee Juvenile Code § 307, AST JUVENILE Code § 307

 

 

 




AST JUVENILE Code § 308
§ 308. Evidence of Abuse

(a) Any child health associate, person licensed to practice medicine, registered nurse or licensed practical nurse, hospital personnel engaged in the admission, examination, care or treatment of patients, medical examiner, coroner, social worker, or local law enforcement officer who has before him a child reasonably believed to have been abused or neglected may take or cause to be taken color photographs of the areas of trauma visible on the child. If medically indicated, such person may take or cause to be taken X-rays of the child.

(b) Any color photographs or X-rays which show evidence of child abuse shall be immediately forwarded to Indian Child Welfare

Absentee Shawnee Juvenile Code § 308, AST JUVENILE Code § 308

 

 

 




AST JUVENILE Code § 309
§ 309. Immunity from Liability

Any person participating in good faith in the making a report or in a judicial proceeding held pursuant to this Code, the taking of color photographs or X-rays, or the placing in temporary custody of a child pursuant to this Chapter or otherwise performing his duties or acting pursuant to this Code shall be immune from any liability, civil or criminal, otherwise might result by reason of such reporting. For the purpose of any proceedings, civil or criminal, the good faith of any person reporting child abuse, any person taking color photographs or X-rays, and any person who has legal authority to place a child in protective custody shall be presumed.

Absentee Shawnee Juvenile Code § 309, AST JUVENILE Code § 309

 

 

 




AST JUVENILE Code § 310
§ 310. Temporary Protective Custody

The Judge of the Absentee Shawnee Tribal Court shall be responsible for making available a person appointed by the Chief Justice, who may be the Juvenile Judge, or any other officer of the Court, to be available by telephone at all times to act with the authorization and be the authority of the Juvenile Division of the Court when no judicial officer is present in the Court, to issue written or verbal temporary protective orders, or in the alternative or in addition thereto, the Judge may enter his general order detailing the procedure to be used in taking children into custody on an emergency basis when no Judge or Magistrate is present at the Court. These orders may be requested by the Indian Child Welfare Department, a tribal law enforcement officer, an administrator of a hospital in which a child reasonably believed to have been abused or neglected is being treated, or any physician who has before him a child he reasonably believes has been abused or neglected, whether or not additional medical treatment is required, if the belief that circumstances or the condition of the child is such that continuing in his place of residence or in care and custody of the person responsible for his care and custody would present an imminent danger to that child's life or health. The Indian Child Welfare Department shall be notified of such action immediately by the Court appointed official in order that child protective proceedings may be initiated. In every case in which a temporary protective custody order has been issued, the Indian Child Welfare Department through the Tribal Prosecutor shall file a dependency or neglect petition, within five (5) working days unless a petition has already been filed.

Absentee Shawnee Juvenile Code § 310, AST JUVENILE Code § 310

 

 

 




AST JUVENILE Code § 311
§ 311. Confidentiality of Records

(a) Except as provided in this section, reports of child abuse or neglect and the name and address of any child, family or informant or any other identifying information contained in such reports shall be confidential and shall not be public information.

(b) Disclosure of the name and address of the child and family and other identifying information involved in such reports shall be permitted only when authorized by a court for good cause. Such disclosure shall not be prohibited when there is a death of a suspected victim or child abuse or neglect the death becomes a matter of public record, the subject of an arrest by a law enforcement agency, or the subject of the filing of a formal charge by a law enforcement agency.

(c) Any person who violates any provision of this section shall be subject to a civil penalty of not more than five hundred dollars ($500.00)

(d) Only the following persons or agencies shall be given access to child abuse or neglect records and reports:

(1) The Tribal Police or their cooperative agencies, Indian Child Welfare Department staff and cooperating departments and agencies investigating a report of alleged child abuse or neglect or treating a child or family which is the subject of the report;

(2) A physician who has before him a child whom he reasonably suspects to be abused or neglected;

(3) An agency having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record of a parent, guardian, custodian, or other person who is responsible for the child's health or welfare;

(4) Any person named in the report or record who was alleged to be abused or neglected or, if a minor or other incompetent, at the time of the request, is named in the report, the guardian ad litem;

(5) A parent, guardian, custodian, or other person responsible for the health and welfare of a child named in a report, with protection for the identity of reporters and other appropriate persons;

(6) A Court, upon its finding that access to records may be necessary for determination of an issue before such Court, but such access shall be limited to in camera inspection unless the Court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it;

(7) The central registry/case management system of child protection;

(8) Members of the child protection team;

(9) The Tribal Prosecutor and attorneys for the parties with protection for the identity or reporters and other appropriate persons when necessary,

(10) Such other person as a Court may determine, for good cause.

(e) After a child who is subject of a report reaches the age of eighteen (18) years, access to the record under this section shall be permitted only if a sibling or offspring of such child is before any person mentioned in subsection (d) and is a suspected victim of child abuse. The amount and type of informal ion released shall depend upon the source of the report and shall be determined by regulations established by the Indian Child Welfare Department Director. However, under no circumstances shall the information be released unless the person requesting such information is entitled thereto as confirmed by the Director of the Indian Child Welfare Department and the information released states whether or not the report is founded or unfounded. A person given access to the names or other information identifying the subject of a report shall not divulge or make public any identifying information unless by the Tribal Prosecutor or a Tribal Police officer and the purpose is to initiate court action or unless he is the subject of a report.

Absentee Shawnee Juvenile Code § 311, AST JUVENILE Code § 311

 

 

 




AST JUVENILE Code § 312
§ 312. Duty to Provide Summary to Person Being Investigated

As soon as possible after initiating an investigation of a parent or other person having responsibility for the health or welfare of a child, the Indian Child Welfare Department shall provide to the parent or person a brief and easily understood summary of:

(a) The procedures of the Indian Child Welfare Department for conducting an investigation of alleged child abuse or neglect, including:

(1) a description of the circumstances under--which the Indian Child Welfare Department would seek to remove the child from the home through the judicial system, and

(2) an explanation that the law requires the Indian Child Welfare Department to refer all reports of alleged criminal child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred;

(b) The procedures to follow if there is a complaint regarding the actions of the Indian Child Welfare Department or to request a review of the findings made by the Indian Child Welfare Department in the investigation;

(c) The person's right to review all records filed with the Court concerning the investigation, provided review shall not include the name of the person who filed the report and provided the review would not jeopardize an ongoing criminal investigation or adjudicatory hearing;

(d) The person's right to seek legal counsel; and

(e) The process the person may use to acquire access to the child if the child is removed from the home.

Absentee Shawnee Juvenile Code § 312, AST JUVENILE Code § 312

 

 

 




AST JUVENILE Code § 313
§ 313. Child Protection Teams--Purpose

Utilization of a child protection team is an attempt, through the involvement and coordination of various agencies, to prevent Indian children from being abused or neglected. In cases where children have been abused or neglected, efficient and effective protective services shall be provided so as to immediately secure the children's safety and health. Follow-up actions shall then be taken to stabilize the circumstances for the long-term benefit of the children and, to the extent possible, their family members. Prevention of child abuse and neglect is to be emphasized. The child protection team is intended to facilitate the identification of danger signs which will prompt immediate intervention and/or preventive actions.

Absentee Shawnee Juvenile Code § 313, AST JUVENILE Code § 313

 

 

 




AST JUVENILE Code § 314
§ 314. Child Protection Teams--Meetings

It is the intent of this legislation to mandate the maintenance ice of an effective child protection team. The Director of the Indian Child Welfare Department.-shall have responsibility for inaugurating the child protection team.

(a) The child protection team shall staff anonymous cases (no names, addresses, or identifiers mentioned) and make recommendations regarding the diagnostic, prognostic, and treatment services being offered to the child or family in connection with the reported abuse.

(b) At each meeting, each member of the child protection team shall be provided with necessary information in the case(s) to be considered.

(c) The public shall not be permitted to attend those portions of child protection team meetings concerned with mandatory team discussions of public and private agencies' responses to each report of child abuse and neglect being considered by the team, as well as, the team's recommendations related to public agency responses. In all its discussions, the team shall not disclose the names or addresses and identifying information relating to the children, families, or informants in those cases.

(d) At the beginning of the discussion of each case, a designated team member shall state the following information, arrived at by consensus of the team: Whether the case involves mild, moderate, or severe abuse or neglect; whether the child is an infant, a toddler, a preschool or school aged child, or a teenager and the sex of the child. In no case shall the informant's name or other Identifying information about the informant be revealed. The team shall also state whether the child was hospitalized and whether the child's medical records were checked.

(e) At this session, and immediately after any sessions at which a child abuse or neglect case is discussed, the child protection team shall review the responses of public and private agencies to each report of child abuse or neglect, shall state whether such responses were timely, adequate, and in compliance ice with provisions of this Chapter, and shall report information relating to any inadequate responses, specifically indicating the public and private agencies involved.

(f) After this mandatory discussion of agency responses, the child protection team shall consider identifying details of the case being Discussed, to discuss confidential reports, including, but not limited to, the reports of physicians and psychiatrists, or when the members of the team desire to act as an advisory body concerning the details of treatment or evaluation programs.

(g) At the CPT's next regularly scheduled meeting, or at the earliest possible time, the team shall report whether the lapses and inadequacies discovered earlier in the child protection system have been corrected.

(h) The CPT shall make a report of its recommendation to the Absentee Shawnee Tribal Court and the Indian Child Welfare Department, with suggestions for further action. Tribal, state and federal agencies may cooperate in meeting the requirements of this subsection.

(i) Each member of the team shall be appointed by the agency represented. At the behest of the Absentee Shawnee Executive Committee, a representative to the CPT shall be selected and serve on the team.

(j) The director of Indian Child Welfare or a designee thereof shall be deemed to be the coordinator of the child protection team.

(k) The coordinator shall insure that all difficult case's of child abuse are discussed with the child protection team. The coordinator shall make and complete, within ninety (90) days of CPT review, a report to the District Judge regarding the recommendations of the CPT in a particular case. It is the responsibility of the Indian Child Welfare Department to report to the federal registry when necessary or required.

Absentee Shawnee Juvenile Code § 314, AST JUVENILE Code § 314

 

 

 




AST JUVENILE Code § 315
§ 315. Child Protection Team--Authority and Functions

(a) The Absentee Shawnee Tribal Child Protection. Team shall be designated as the entity for screening all referrals by the Indian Child Welfare Department related to child abuse or neglect. Utilization of the existing county child protection team serves to provide professional screening of difficult cases, promotes confidentiality and avoids needless duplication of agencies serving the same client population. Through broad-based representation, including representation from the tribal membership, Indian Child Welfare Department-and the local school district, the county child protection team can provide a broad range of referral services, which will maximize treatment options available to families.

(b) The child protection team is technical and advisory in nature; it is not intended to undermine the authority and responsibility of individual agencies. It is designed to promote cooperation, communication and consistency among agencies. Although it is appropriate for the child protection team debate what actions would best promote the well-being of a child and provide relevant information and advice to decision-making agencies, the child protection team's purpose shall be to facilitate rather than hinder the decision-making process.

(c) Strict confidentiality shall be maintained by all child protection team members.

(d) Recommendations are to be made by the protection team to correct the problems which caused the abuse or neglect and prevent it from occurring again. The child protection team should facilitate the development and implementation of a plan to promote the longterm well-being of the child and appropriate family members.

Absentee Shawnee Juvenile Code § 315, AST JUVENILE Code § 315

 

 

 




AST JUVENILE Code § 316
§ 316. Child Protection Teams--Duties

(a) The child protection team shall report its recommendations to the Indian Child Welfare Department with suggestions for further action or a statement that the team has no recommendations or suggestions.

(b) The duties of the child protection team include:

(1) Monitoring child abuse and neglect reports to insure that adequate preventive, protective, and corrective services are provided.

(2) Reviewing and tracking of all child abuse and neglect cases which have been referred.

(3) Reviewing referrals for recommendations related to the filing of dependency/neglect petitions.

(4) Reviewing case plans for their adequacy.

(5) Maintaining confidentiality of information.

(6) Sending local child protection team data to area child protection teams.

(7) Developing standards to determine which cases should be investigated.

(8) Providing information and technical recommendations to the Indian Child Welfare Department.

(9) Educating communities about child abuse and neglect problems and solutions.

(10) Identifying danger signs which prompt intervention and/or preventive actions.

(11) Assisting in the development and implementation of plans to promote the longterm well-being of children and their families.

(12) Assisting in the development and implementation of strategies by communities to create environments which provide opportunities for community members to lead meaningful, productive, self-fulfilling and rewarding lives. These environments should promote the dignity, self-worth, self-respect and self-sufficiency of community members.

Absentee Shawnee Juvenile Code § 316, AST JUVENILE Code § 316

 

 

 




AST JUVENILE Code § 317
§ 317. Central Registry/Case Management System

(a) To insure the same level of protection for Indian children as offered to other children of the State of Oklahoma there shall be established a central registry of child protection in the Indian Child Welfare Department for the purpose of maintaining a registry of information concerning each case of child abuse reported under this Chapter.

(b) The central registry shall contain, but shall not be limited to:

(1) All information in any written report received under this Chapter;

(2) Record of the final disposition of the report, including services offered and services accepted;

(3) The plan for rehabilitative treatment;

(4) The name and identifying data, date, and circumstance of any person requesting or receiving information from.the central registry;

(5) Any other information which might be helpful in furthering the purposes of this Code.

(c) The Director of the Indian Child Welfare Depart shall have charge of the central registry. Subject to available appropriations, the Director shall equip the Indian Child Welfare Department so that data in the central registry may be made available during nonbusiness hours through the use of computer technology. Such computerized records shall be password coded and only Indian Child Welfare Department personnel, judges, and Tribal Police shall have access to the password.

(d) After a child who is the subject of a report reaches the age of eighteen (18) years, access to the record under this section shall be permitted only if a sibling or offspring of such child is before any person mentioned in § 303(b) and is a suspected victim of child abuse. The amount and type of information released shall depend upon the source of the report and shall be determined by regulations established by the Indian Child Welfare Department Director. However, under no circumstances shall the information be released unless the person requesting such information is entitled thereto as confirmed by the Director of the Indian Child Welfare Department and the information released-states whether or not the report is founded or unfounded. A person given access to the names or other information nation identifying the subject of a report shall not divulge or make public any identifying information unless by the Tribal Prosecutor or a Tribal Police officer and the purpose is to initiate court action or unless he is the subject of a report.

(e) Unless an investigation of a report conducted pursuant to this Chapter determines there is some credible evidence of the alleged bias, all information identifying the subject of the report shall be expunged from the central registry and destroyed within three (3) years. The decision to expunge or destroy the record shall be made by the Director of the central registry.

(f) In all other cases, the record of the reports to the central registry shall be sealed no later than four (4) years after the child's eighteenth (18th) birthday. Once sealed, the record shall not otherwise be available unless the Director of the central registry, pursuant to rules promulgated by the Indian Child Welfare Department and upon notice to the subject of the report, gives personal approval for an appropriate reason. In any case and at any time, the Director may amend, seal, or expunge or destroy any record upon good cause shown and notice to the subject of the report.

(g) At any time the subject of a report may receive, upon request, a report of all information pertinent to the subject's case contained in the central registry, but the Director is authorized to prohibit the release of data that would identify the person who made the report or who cooperated in a subs investigation which may be detrimental to the safety or interest of such person.

(h) At any time subsequent to the completion of an: investigation, subject of the report may request the Director to amend, seal, or expunge the record of the report. If the Director does not act within a reasonable time, but in no event later than thirty (30) days after such request, the subject shall have right to a fair hearing before the District Court to determine whether the record of the report in a central registry should be amended, sealed, or expunged on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this Chapter. The Indian Child Welfare Department shall be given notice of the hearing. The burden in such a hearing shall be on the Indian Child Welfare Department. In such hearings the fact that there was such a finding of child abuse or neglect shall be presumptive evidence that the report was substantiated.

(i) Written notice of any amendment, sealing, expungement, or order to destroy made pursuant to the provisions of this Code shall be given to the subject of such report and to the Indian Child Welfare Department. The latter, upon receipt of such notice shall take appropriate action regarding such information in its files.

(j) Any person who willfully or who encourages the release of data or information contained in the central registry to person not permitted access to such information by the Chapter shall be subject to a civil penalty not in excess of five hundred dollars ($500.00) and any actual damages sustained for breach of confidentiality.

(k) The central registry shall adopt such rules and regulations as may be necessary to encourage cooperation with other Tribes, states, and the National Center on Child Abuse and Neglect.

Absentee Shawnee Juvenile Code § 317, AST JUVENILE Code § 317

 

 

 




AST JUVENILE Code § 318
§ 318. Court Proceedings--Guardian Ad Litem

(a) In any proceeding initiated pursuant to this section, the Court shall name as respondents all persons alleged by the petition to be the legal or actual physical custodians or guardians of the child. In every such case, the responsible person shall be named as respondent. Summons shall be issued for all named respondents.

(b) The court in every case filed under this Chapter shall appoint, if funds are available at no fee, a guardian ad litem at the first appearance of the case in Court. The guardian ad litem shall be provided with all reports relevant to the case made to or by any agency or person pursuant to this Chapter and with reports of any examination of the responsible person made pursuant to this section. The Court or the worker assigned to the case shall advise the guardian ad litem of significant developments in the case, particularly any further abuse or neglect of the child involved. The guardian ad litem shall be charged in general with the representation of the child's interest. To that end he shall make such further investigations as deemed necessary to ascertain the facts, talk with or observe the child involved, interview witnesses and the foster/alternative parents of the child, and examine and cross-examine witnesses in both the adjudicatory and dispositional hearings and may introduce and examine witnesses, make recommendations to the Court Concerning the child's welfare, and participate further in the proceedings to the degree necessary to adequately represent the child.

(c) If the prayer of the petition is granted, the Court of this proceeding, including guardian ad litem and expert witness fees, may be charged by the Court against the respondent.

(d) It is not necessary that the guardian ad litem be an attorney.

Absentee Shawnee Juvenile Code § 318, AST JUVENILE Code § 318

 

 

 




AST JUVENILE Code § 319
§ 319. Child Abuse and Child Neglect Diversion Program

(a) The Tribal Prosecutor, upon recommendation of a Tribal Department or any person, may withhold filing a case against any person accused or suspected of child abuse or neglect and refer that person to a nonjudicial source of treatment or assistance, upon conditions set forth by the Indian Child Welfare Department and the Tribal Prosecutor. If a person is so diverted from the criminal justice system, the Tribal Prosecutor shall not file charges in connection with the case if the person participates to the satisfaction of the Indian Child Welfare Department and the Tribal Prosecutor in the diversion program offered.

(b) The initial diversion shall be for a period not to exceed two (2) years. This diversion period may be extended for a one (1) year period by the Tribal Prosecutor, if necessary. Decisions regarding extending diversion time periods shall be made following review of the person diverted by the Indian Child Welfare Department and the Tribal Prosecutor.

(c) If the person diverted successfully completes the diversion program to the satisfaction of the Indian Child Welfare Department and the Tribal Attorney, said person shall be released from the terms and conditions of the program, and no criminal filing for the case shall be made.

(d) Participation by a person accused or suspected of child abuse in any diversion program shall be voluntary.

Absentee Shawnee Juvenile Code § 319, AST JUVENILE Code § 319

 

 

 




AST JUVENILE Code § 320
§ 320. Evidence Not Privileged

The privileged communication between patient and physician and between husband and wife shall not be a ground for excluding evidence in any judicial Proceeding resulting from a report pursuant to this Chapter.

Absentee Shawnee Juvenile Code § 320, AST JUVENILE Code § 320

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