Little River Band of Ottawa Indians, Ordinances, Ch. 900

Chapter 900 - Family

CHILDREN'S CODE
Ordinance # 98-900-01

(Replaces Interim Code adopted by Resolution # 96-0701-04)

Section 1. Short Title and Purpose.

1.01. Short Title. This ordinance shall be entitled "The Children's Code."

1.02. Purpose. The children's code shall be liberally interpreted and construed to fulfill the following expressed purposes:

To provide for the welfare, care and protection of the Indian children and families within the jurisdiction of the Little River Band of Ottawa Indians;
To preserve the unity of the family;
To take such actions that will best serve the spiritual, emotional and physical welfare of the child and the best interest of the Tribe to prevent the abuse, neglect and abandonment of children;
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;
To secure the rights of and ensure fairness to the children, parents, guardians, custodians and other parties who come before the Children's Court under the provisions of this Code;
To provide procedures for intervention in state court procedures regarding Indian children and for transfer of jurisdiction over Indian children from state and other Tribal Courts to this Tribal Court;
To recognize and acknowledge the Tribal customs and traditions of the Little River Band regarding child-rearing;
To preserve and strengthen the child's cultural and ethnic identity whenever possible.

Section 2. Definitions.

2.01. As used in this Code:

"Abandoned" The failure of the parent(s) to provide reasonable support and to maintain regular contact with the child, including provisions of adequate supervision. Failure to maintain normal parental relationship with the child without just cause for a period of six (6) months shall constitute a prima facie case of abandonment. The voluntary transfer of physical custody of a child by such child's parent(s) with extended family members or voluntary consent to placement does not constitute abandonment.
"Abuse" The infliction of physical, emotional or mental injury or the causing of deterioration of a child and failing to maintain reasonable care and treatment or exploiting or overworking a child to such an extent that the child's health or emotional well-being is endangered.
"Adult" A person eighteen (18) years of age of older or otherwise emancipated by order of a court of competent jurisdiction.
"Binojeeuk Commission" A commission established under this code, whose members are appointed by the Tribal Council to protect the best interest of the children of the Tribe and promote the stability and security of the Tribe.
"Child" A person who is less than eighteen (18) years old and has not been emancipated by order of a court of competent jurisdiction.
"Child-in-Need-of-Care" A child who/whose:
1. has no parent(s), guardian or custodian, with legal authority, who is willing, available and able to care for the child;
2. has suffered or is likely to suffer a physical injury intentionally inflicted which cause or creates a substantial risk of death, disfigurement or impairment of bodily function, i.e., abuse;
3. parent(s), guardian or custodian has not provided adequate food, clothing, shelter, medical care, education or supervision necessary for the child's well-being, i.e., neglect. The fact that one of the parents is providing adequate food, clothing, shelter, medical care, education, or supervision does not excuse the neglect of the offending parent;
4. has been sexually abused;
5. has committed delinquent acts as a result of parental pressure, guidance, approval or failure to properly supervise;
6. has committed any delinquent act which is considered a status offense;
7. has been emotionally abused or emotionally neglected;
8. has been psychologically abused or psychologically neglected;
9. is born addicted to alcohol and/or exposed to a controlled substance;
10. whose parents are separated and no court of competent jurisdiction has issued a temporary custody and support order; or
11. whose parent has been convicted of a violent crime or criminal sexual crime against the other parent or a sibling of the child, or other crime of a nature that demonstrates the parent's unfitness to adequately parent the child.
"Child Placement Agency" An agency licensed or approved pursuant to Tribal or state law.
"Child Protection Team" A multi-disciplinary team established to involve and coordinate the child protection services of various agencies. See also Multidisciplinary Team.
"Child Sexual Abuse" Sexual activity between an adult and a child for the gratification of the adult.
"Child Welfare Caseworker" Member of the Family Services Department of the Little River Band of Ottawa Indians who serves as advocate, liaison, and case supervisor for families and children involved with the Tribal or State court systems in either civil or criminal matters.
"Controlled Substance" A controlled substance as defined or hereafter by the Public Acts of Michigan. Currently, such controlled substances are defined by Act No. 368 of the Public Acts of 1978, as amended, being sections 3 3 3 .7101 to 3 3 3 .7544 of the Michigan Compiled laws.
"Court or Children's Court" The Children's Court of the Little River Band of Ottawa Indians.
"Court Appointed Special Advocate" A person appointed by the Court to represent the interests of a child who is before the Court.
"Custodian" A person who is either: (a) a person other than a parent or guardian to whom legal custody of the child has been given under Tribal law or custom or by Court Order; or (b) A person other than a parent or guardian to whom physical custody of the child has been given by the parent(s) and who is providing food, shelter and supervision to the child.
"Delinquent Act" An act which, if committed by an adult, is designated a crime under the laws and ordinances of the Little River Band of Ottawa Indians or the laws of the jurisdiction within which the act was committed. The term "delinquent act" also includes so-called "status offenses" which are defined as acts which, if committed by an adult, would not constitute a crime under the laws and ordinances of the Little River Band of Ottawa Indians or the laws of the jurisdiction within which the act was committed.
"Domicile" A person's permanent home, legal home or main residence. The domicile of a child is generally that of the custodial parent, guardian or other person with legal custody. Domicile includes the intent to establish a permanent home or the place where the parent, guardian or custodian considers to be the permanent home.
"Extended Family" A person who is the child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first cousin, second cousin, stepparent or non-kinship relations recognized by Immediate Family members.
"Father" means:
1. a man married to the mother at any time from a minor's conception to the minor's birth unless the minor is determined to be a child born out of wedlock - a child conceived and born to a woman who is unmarried from the conception to the birth of the child or a child determined by judicial notice or otherwise to have been conceived or born during a marriage but who is not the issue of that marriage.
2. a man who legally adopts the minor or
3. a man whose paternity is established in one of the following ways within time limits, when applicable, set by the Court pursuant to the following:
  1. the man and the mother of the minor acknowledge that he is the minor's father in a writing executed, notarized and filed in the Tribal or probate court; or
  2. the man and the mother file a joint written request for a correction of the certificate of the birth pertaining to the minor that results in issuance of a substituted certificate recording the birth; or
  3. the man acknowledges the minor without the acknowledgment of the mother with the written approval of the Court; or
  4. a man who by order of affiliation or by judgment of paternity is determined to be the father of the minor.
"Foster Home" A facility licensed and approved pursuant to Tribal or state law.
"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.
"Guardian Ad Litem" A special guardian, including a Court Appointed Special Advocate, appointed by the Court to prosecute or defend, on behalf of the child.
"Immediate Family" Parent, stepparent, siblings, step-siblings, half siblings.
"Indian" Any member or person eligible for membership of a federally recognized Indian Tribe, band or community or Alaska Natives, any member of a historic Tribe or band recognized by the Michigan State Indian Commission or a person considered by the community to be a North American Indian.
"Indian Child" A child who is a member of a Tribe or band that is acknowledged to exist as a Tribe or band by the United States Secretary of the Interior or a historic Tribe or band recognized by the Michigan State Indian Commission or a child who is eligible for such membership who is the natural child of at least one parent who is a member or eligible for membership in such Tribe or band or a child considered by the community to be a North American Indian.
"Least Restrictive Alternative" The placement alternative that is the least restrictive upon the child and the family for obtaining the objective of the Court and this code. This dispositional concept directs the Court to select the least drastic method of achieving its goal.
"Legal Custody" The right to care, custody, and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or extraordinary care. The parents of a child are vested with legal custody unless such custody is taken from the parents or limited by Court Order. Only the parents with legal custody may give temporary physical and/or legal custody of a child to an adult member of their immediate or extended family unless such right is limited by Court Order.

(aa) "Minor" A person less than eighteen (18) years of age.

(bb) "Multidisciplinary Team " A team established to assist in the investigation and prosecution of cases involving sexual and physical abuse of a child.

(cc) "Parent" A person who is legally responsible for the control and care of the minor, including the mother, father, guardian or custodian including a natural or adoptive parent but does not include persons whose parental rights have been terminated nor does it include the unwed father whose paternity has not been acknowledged or established.

(dd) "Parental Rights " Legal rights which include responsibilities, duties and obligations between the parent and the child including, but not limited to:

Care, custody, maintenance and protection. A child has a right to call upon the parent to exercise
those duties.
Advise the child. The law presumes that advice is given in good faith and in the best interest of the child.
Right to discipline. A parent has the right to correct the child by reasonable and timely punishment, including corporal punishment which must be corrective and not punitive.
Control of education. Parents may educate children in places other than public schools.
Religious training. The religious training of minor children, or lack of it, is a matter solely within the parent's control.
The right to a child's services and earnings.
The right to direct the child's activities and make decisions regarding the child's care and control, education, health and religion.

(ee) "Presenting Officer" The attorney who represents the Tribe in all matters related to this Code, including the Indian Child Welfare Act, and acts as the prosecutor in the Tribal Court.

(ff) "Protective Services" A program of identifiable and specialized child welfare services which seeks to intervene in cases where families are observed to have problems which have produced visible signs of dependency or abuse and the home situation presents actual or potential hazards to the physical or emotional well-being of children. Protective services include the investigation and substantiation of reports of actual or suspected child abuse, removal of children from homes and/or environments which present immediate hazards to such children's physical or emotional well-being, and by reaching out with social services to stabilize family life and to preserve the family unit.

(gg) "Protective Services Worker" The protective services worker, social services worker, law enforcement personnel or any person who performs the duties and responsibilities of this code.

(hh) "Tribe" The Little River Band of Ottawa Indians.

(ii)"Tribal Council" The elected governing body, exercising the legislative powers of the Tribe as set forth in the Tribe's Constitution.

(jj) "Tribal Lands" or "Tribal Reservation" Lands owned by the Little River Band of Ottawa Indians or any subdivision of the Tribal government; lands owned by the United States of America in Trust for the Little River Band of Ottawa Indians; and Indian Country of the Little River Band of Ottawa Indians as defined in 18 U.S.C.1151.

(kk) "Tribal Court" The Tribal Court of the Little River Band of Ottawa Indians, also known as the Court and the Children's Court.

(ll)"'Ward" A child who has been adjudicated a child-in-need-of-care, over whom the Tribal Court has jurisdiction. A child-in-need-of-care is a temporary ward of the Court until such time as the case is dismissed and jurisdiction terminates. In cases where parental rights are terminated the child becomes a permanent ward of the Tribal Court until such time as a final decree of adoption is entered as provided in Section 23.14.

Section 3. Creation of the Children's Court.

3.01. Creation of Children's Court. There is established for the Little River Band of Ottawa Indians, a division of the Tribal Court to be known as the Children's Court. The jurisdiction of the Children's Court shall be civil in nature and shall include the right to issue all orders necessary to carry out the purposes of this code.

3.02. General Powers and Procedures in the Children's Court.

General Powers. In any proceeding under the Children's Code, either on motion of a party or on the Court's own motion, the Court may issue all orders necessary to insure the safety and well-being of children coming within the jurisdiction of the Court. Included within these are the power to issue and enforce subpoenas requiring attendance and testimony of witnesses and production of records, documents or other tangible objects and orders restraining the conduct of any party over whom the Court has obtained jurisdiction.
Rules of Procedure. The procedures in the Children's Court shall be governed by the rules of procedure for the Tribal Court that are not in conflict with this code.
Cooperation and Grants. The Children's Court is authorized to cooperate fully with any federal, Tribal, state or private agency in order to participate in any foster care, shelter care, treatment or training program(s) and to receive grants-in-aid to carry out the purposes of this Code. While this authority is subject to the availability of funds, the Children's Court shall be the court-of-last-resort when seeking funds.
Social Services. The Children's Court shall utilize such services as may be furnished by any Tribal, federal or state agency provided that it is economically administered without unnecessary duplication and expense.
Contracts. The Children's Court may negotiate with Tribal, federal, or state agencies and/or departments on behalf of the Tribal Council for the care and placement of children before the Children's Court subject to the availability of funds.

3.03. Subject Matter Jurisdiction. The Children's Court has original jurisdiction of the following proceedings:

Proceedings in which a child is alleged to be a child-in-need-of-care or a delinquent child;
Proceedings for the termination of parental rights;
Proceedings for the adoption of a child;
Proceedings to determine custody of, or to appoint a guardian for, a child;
Proceedings to determine the parentage of a child coming within the jurisdiction of the court;
Proceedings to authorize the marriage of a child who does not have a parent or guardian, or when the parent or guardian refuses to consent, when the law requires consent to marriage by a parent or guardian.

3.04. Continuing Jurisdiction of the Children's Court. Jurisdiction, once exercised by the Children's Court over a proceeding involving a child, is continuing and exclusive unless terminated by the Court in one of the following ways:

The child becomes an adult, except where a child becomes an adult during the pendency of
delinquency proceedings, and adoption proceedings, in the Children's Court.
When the Children's Court enters an order terminating its jurisdiction or transferring jurisdiction to another court.

3.05. Persons Subject to Jurisdiction of the Children's Court. The Children's Court may exercise personal jurisdiction over the following categories of persons:

Any child who is an enrolled member of the Tribe or eligible for enrollment who is under the age of eighteen (18) years residing in the Counties of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa and Wexford, in the State of Michigan;
A child who is an enrolled member of the Tribe or eligible for enrollment in the Tribe who is involved in a child custody proceeding or other proceeding involving a child-in-need-of-care, which is transferred to the Tribal Court pursuant to subsection 3.10;
A non-Indian or non-member child domiciled or residing within the Tribal lands of the Little River Band of Ottawa Indians in the home of an enrolled member of either the Little River Band of Ottawa Indians or any other Indian Tribe.
Any person causing a child to come within the jurisdiction of this code, including parent(s), guardian(s) and custodian(s) of children coming under the jurisdiction of this Court pursuant to paragraph (b) of this subsection 3.05.
Any person residing on Tribal lands of the Little River Band of Ottawa Indians who is pregnant and abusing alcohol or controlled substances.

3.06. Jurisdiction Over Extended Family. The Children's Court shall have jurisdiction over the extended family residing in the household of a child or the child's parent, guardian, and custodian when that Court deems it appropriate.

3 .07. Continuing Jurisdiction Once the Court asserts jurisdiction over a person, the Court may retain jurisdiction over that person even if the person leaves the physical boundaries of the reservation.

3.08. Substantive and Procedural Law Applicable in Children's Court.

Tribal Law Controlling. Because of the vital interest of the Tribe in its children and those children who may become members of the Tribe, this Code, other ordinances, regulations, public policies, recognized customs and common law of the Tribe shall control in any proceeding involving a child who is a member of the Tribe.
Application of the Indian Child Welfare Act. The Children's Court may apply the policies of the Indian Child Welfare Act, 25 U.S.C.1901-1963, where the policies do not conflict with the provisions of the Code.
Use of State Substantive and Procedural Law in the Absence of Applicable Tribal Law. The substantive law and procedures for the state courts shall not be binding upon the Children's Court except where specifically provided for in this Code. In the absence of promulgated rules of procedure, procedural rules of the State of Michigan shall be utilized as a guide. Michigan case law may serve as a guide for the Court but shall not be binding. Any matters not covered by the substantive laws, regulations, customs or common law of the Little River Band of Ottawa, or by applicable federal laws or regulations, may be decided by the Children's Court according to the laws of the State of Michigan.

3.09. Transfer of Jurisdiction to Other Courts. In any proceedings before the Children's Code, the Court may transfer the proceedings to an appropriate state court or another Tribal Court where the state or the other Indian Tribe has a significant interest in the child and the transfer would be in the best interests of the child.

3.10. Transfer of Jurisdiction from State Courts to Tribal Court Under Indian Child Welfare Act.

Receipt of Notice. The Tribal Presenting Officer (Prosecutor) shall be the agent for service of notice of state court child custody proceedings. The Presenting Officer shall provide copies of the notice to the Binojeeuk Commission and the Child Welfare Caseworker within three (3) days after receipt of such notice.
Intervention. The Presenting Officer shall file a Notice of Intervention with the state court within five days of receipt of notice upon certification by the Little River Band membership office that the child is an "Indian child" pursuant to the Indian Child Welfare Act.
Investigation and Pre-transfer Report. The Tribal family services department shall conduct an investigation and file a written report with the Presenting Officer and the Binojeeuk Commission.
Decision to Request Transfer. The Binojeeuk Commission shall make written recommendations to the Presenting Officer on whether or not the Tribe should petition for transfer from the state court. The Binojeeuk Commission shall consider these factors:
1. The best interests of the child;
2. The best interests of the Tribe;
3. Availability of services for the child and the family;
4. Prospects for permanent placement for the child; and
5. Conservation of Tribal resources.
Petition for Transfer. The Tribal petition for transfer shall be filed in the state court by the Tribal Prosecutor within five days of receipt of the Binojeeuk Commission's recommendation for transfer. If either parent or the Indian custodian objects to the transfer to Tribal Court, the matter must remain in state court under the terms of the Indian Child Welfare Act.
Hearings Upon Grant of Transfer Request by State Court. Upon receipt of transfer jurisdiction from state court, the Tribal Court shall hold appropriate hearings in accordance with this code.

3.11. Full Faith and Credit; Conflict of Laws.

State Court Orders. State child custody orders shall be recognized by the Children's Court in accordance with the Model Rules for Full Faith and Credit and Enforcement of Foreign Court Judgments adopted by the Michigan Indian Judicial Association.
Court orders of Other Tribal Courts. Court orders of other Tribal Courts shall be recognized by the Children's Court in accordance with the Model Rules for Full Faith and Credit and Enforcement of Foreign Court Judgments adopted by the Michigan Indian Judicial Association.

Section 4. Children's Court Personnel.

4.01. Children's Court Judge.

Appointment. The Children's Court Judge(s) shall be appointed in the same manner as the Tribal Court Judge(s).
Qualifications. The general qualifications for the Children's Court Judge(s) shall be the same as the qualifications for Tribal Court Judge(s).
Powers and Duties. In carrying out the duties and powers specifically enumerated under this Children's Code, judges of the Children's Court shall have the same duties and powers as judge of the Tribal Court, including but not limited to the contempt power, the power to issue arrest or custody warrants and the power to issue search warrants.
Disqualification or Disability. The rules on disqualification of a Children's Court Judge shall be the same as those rules that govern Tribal Court Judges.

4.02. Powers of Magistrate. The duties and powers of the Magistrate for the Children's Court shall be determined by the Chief Judge of the Tribal Court.

4.03. Counsel for Parent. Parents may be represented at each stage of proceedings under this act by an attorney or lay advocate at their own expense. It is prudent and advisable for the parents to have representation.

4.04. Court Appointed Special Advocate. At every stage of the proceedings conducted under this Code, the Children's Court may appoint an advocate for the child who may be a lawyer or a Court Appointed Special Advocate (CASA). A person may serve as a CASA only if certified by the Binojeeuk Commission.

General Duties. The duty of the child's advocate, both CASA and the child's lawyer, is to represent the best interests of the child. A child fourteen years of age or older is presumed capable of determining the best interest. It is the duty of the child's advocate to represent the child's wishes in such cases. For children less than fourteen years of age, the child's advocate shall make a determination as to the best interests of the child regardless of whether that determination reflects the wishes of the child. However, the wishes of the child are always relevant to the determination of best interests and shall be weighed according to the competence and maturity of the child.
The child's advocate shall perform the following duties. When a child's attorney and a CASA are appointed together to represent a child, each shall be jointly and severally responsible for discharging the following duties:
1. Appear at all hearings to competently represent the interests of the child in proceedings of the
  Court.
2. Conduct an independent investigation, including interviewing the child, parents, social workers and other persons to properly ascertain the facts and circumstances underlying the allegation that the child is in need of care within jurisdiction of the Court.
3. Ascertain the interests of the child, taking into consideration the child's wishes according to the competence and maturity of the child.
4. Provide a written report of findings and recommendations to the Court at each hearing held before the Court.
5. Urge that specific and clear orders are entered for evaluation, assessment, services and treatment for the child and the family.
6. Monitor implementation of case plans and disposition orders to determine whether services ordered by the Court are actually provided, are provided in a timely manner and accomplishing their intended goal.
7. Inform the Court if the services are not being made available to the child and/or family, if the family fails to take advantage of such services or if such services are not achieving their purpose.
8. Identify the common interests among the parties and to the extent possible act as a mediator to promote a cooperative resolution of the matter.
9. Consult with other professionals liberally in identifying the child's interests, current and future placements and necessary services.
10. Advocate for the interests of the child in mental health, educational, juvenile justice and other community systems when related to the circumstances causing the child to come within the jurisdiction of the Children's Court.
11. Attend training programs as proscribed by Court procedures and the Binojeeuk Commission.
All records and information acquired or reviewed by a child advocate and all reports prepared by the child advocate are confidential and shall be disclosed only pursuant to this Ordinance and other Tribal law.

4.05. Guardian Ad Litem. The Court may appoint a guardian ad litem for a party if the Court finds that the welfare of the party requires it.

4.06. Presenting Officer. The Presenting Officer shall act as the Tribal Prosecutor, and the terms shall be interchangeable. The Presenting Officer shall represent the Tribe in all proceedings under this Code and the Indian Child Welfare Act. The Presenting Officer shall serve as counsel for the Binojeeuk Commission. The Presenting Officer will make recommendations to the Binojeeuk Commission and the Tribal Council regarding needed amendments to this Code. The Presenting Officer may make recommendations to the Children's Court regarding needed amendments or revisions to the procedural rules and approved forms utilized by the Tribal Court. The Presenting Officer will be responsible for developing the necessary procedures for carrying out the objects of this Code.

Section 5. Binojeeuk Commission.

5.01. Creation of the Binojeeuk Commission. The Binojeeuk Commission is created for the purpose of protecting
the best interests of the child and promoting the stability and security of the Tribe and its Indian families by fully
exercising the Tribe's rights and responsibilities under the Indian Child Welfare Act 1978 and this Code.

5.02. Membership. The Binojeeuk Commission shall consist of not less than three (3) and not more than five (5) adult members of the Tribe appointed by the Tribal Council. The term of office for Commission members shall be two (2) years; provided that the Tribal Council establish terms as may be necessary to implement a system of staggered terms. At least one member of the Binojeeuk Commission shall be a Tribal Council member, who shall serve as chairperson of the Commission.

5.03. Duties. The Binojeeuk Commission shall act under the authority expressly delegated to it by the Tribal Council, in this Code or in other enactments by the Tribal Council. The Binojeeuk Commission shall have the following duties:

Advise the Tribal Council and the Tribal Court on child welfare matters and recommend policies and procedures for implementing federal and Tribal child welfare law.
Monitor child welfare proceedings involving Tribal members in the state or Tribal Courts.
Be advised of pending state court proceedings as provided in the Indian Child Welfare Act and make
recommendations regarding intervention in such proceedings and transfer of jurisdiction from state court
to the Tribal Court.
Conduct informal conferences with a child and the child's parent(s), guardian or custodian as provided in this Code to discuss alternatives to formal Court jurisdiction for resolving concerns about the proper care and supervision of a child.
Make recommendations to authorize the filing of child-in-need-of care petitions in the Tribal Court pursuant to this Code.
Make recommendations to the Tribal family services workers, placement agency workers and the Tribal Prosecutor regarding the care, custody and supervision of Tribal children under Court jurisdiction, including recommendations as to case plan, guardianship and termination of parental rights.
License and monitor group, shelter, foster and adoptive homes and child placing agencies.
Engage in further activities as to protect and improve the welfare of the children of the Little River Band of Ottawa Indians.
Certify persons to serve as Court Appointed Special Advocates.

5.04. Voting.

Actions of the Binojeeuk Commission shall be decided by a consensus of those present at the meeting. The Chair is entitled to vote on all matters before the Commission.
A quorum shall consist of three members including the Chair. Any action by less than a quorum must be ratified by non-attending members before such action shall become official. Ratification maybe done by phone, fax or personal contact. All ratifications shall be reduced to writing and placed in the minutes and approved at the next regularly scheduled Commission meeting.

5.05. Commission Members are not Investigators. Binojeeuk Commission members shall not initiate their own gathering of information regarding the matter under review. All members shall have access to the same information. If Binojeeuk Commission members are contacted by an interested party, the Commission member shall refer the party to the caseworker, social worker, client advocate or the Little River Band Family Services office as appropriate. The Commission may request that further information be provided or that further investigation be conducted by the social worker or other appropriate authority.

5.06. Conflicts of Interest. Binojeeuk Commission members who are foster parents or child advocates may participate as a Commission member in the review of children who are in their own care but may not participate in voting or in deliberations before voting. A Binojeeuk Commission member may participate in the discussion but not vote on actions involving the Commission member's extended family.

5.07. Confidentiality. Meetings of the Binojeeuk Commission shall not be open to the public except for persons authorized to attend by the Binojeeuk Commission. Confidentiality of case information and the Binojeeuk Commission records shall be maintained. Binojeeuk Commission members are subject to the same standards of confidentiality as Court personnel, social service workers and other professionals.

5.08. Records of Procedures. Case materials and all other Binojeeuk Commission records shall be kept in a secure area. The Indian Child Welfare Worker shall collect case place packets at the conclusion of Binojeeuk Commission meetings so that no reports leave the meeting and all written reports are maintained in confidence. Written material may be provided to Commission members in advance of the meetings.

Section 6. Child Protection Team.

6.01. Purpose. The primary purpose of the Child Protection Team is technical and advisory in nature and is not intended to replace the authority and responsibility of the Binojeeuk Commission, individual agencies or the Children's Court. It is designed to promote cooperation, communication and consistency among agencies. The Child Protection Team shall facilitate the decision making process. Confidentiality shall be maintained by all Child Protection Team Members.

6.02. Composition. The Child Protection Team may include, in appropriate cases, the following individuals:

Tribal Presenting Officer - Team Coordinator.
Protective Services Workers.
Police Investigators.
Medical Professionals.
Mental Health Professionals.
School Personnel.
Victim Advocate.

6.03. Multidisciplinary Team. The Child Protection Team members may serve as a Multidisciplinary Team in cases involving allegations of physical and sexual abuse of Indian children on Tribal Lands.

Composition. When the Child Protection Team is acting in its capacity as the Multidisciplinary Team, the Team members shall, at a minimum, include the Tribal Presenting Officer, Protective Services Workers, and appropriate Law Enforcement Personnel.
Responsibilities. The Multidisciplinary Team shall be responsible for coordinating the investigation and prosecution of cases involving allegations of physical and sexual abuse of Indian children on Tribal Lands of the Little River Band of Ottawa Indians. A key responsibility of the Multidisciplinary Team is to reduce the trauma to the child victim by coordinating the provision of support, advocacy and other services needed by the child victim.
Adoption of Tribal Specific Protocols. The Tribal Presenting Officer, Binojeeuk Commission, and Children's Court Personnel shall consult with other appropriate Tribal, State, local and federal agencies to develop Tribal Specific Protocols for adoption by the Tribal Council.

6.04. Other Duties of the Child Protection Team. The Child Protection Team may be assigned the following duties:

If requested by the Binojeeuk Commission, may review and track all child abuse and neglect cases that have been referred to ensure that adequate preventative, protective and corrective services are provided.
If requested by the Binojeeuk Commission, a protective services worker or the Court shall investigate cases to determine whether the best interests of the child are being met.
If requested by the Binojeeuk Commission, then the Team shall review case plans for their adequacy.
Maintain confidentiality of information.
Send local Child Protection Team data to area child protection teams as needed.

6.03. Facilitating Services. The Child Protection Team may also provide assistance by facilitating the provision of services to families by:

Identifying available community resources, programs and services.
Providing recommendations to various pertinent agencies concerning services needed by families or individuals.
Promoting cooperation, communication and consistency among agencies.
Providing a forum for debating what actions would best promote the well-being of Indian children.
Responding to inquiries from the community, area child protection teams and other individuals and groups.

The Child Protection Team may also provide technical assistance to the Binojeeuk Commission and Family Services Department in the following areas:

Development of procedures to provide effective and efficient preventative, protective and corrective child abuse and neglect services.
Information and technical recommendations to decision making agencies.
Educate communities about child abuse and neglect problems and possible solutions.
Identify danger signs which prompt intervention and/or preventative actions.
Assist in the development and implementation of plans to promote the long term well-being of children and their families.
Assist in the development and implementation of strategies by communities to promote the dignity, self worth, self-respect and self sufficiency of community members.

Section 7. Protective Services Workers.

7.01. Powers and Duties. Subject to the availability of appropriations or other funds for such purposes, protective services workers shall be employed by or contracted for by the Tribal Family Services Department. Protective services workers shall:

Receive from any source, oral or written, information regarding a child who may be a child-in-need-of-care:
Upon receipt of any report or information under this paragraph (c) of this section 7.01., shall initiate a prompt and thorough investigation within 24 hours 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.
In conducting its investigation, the protective service worker shall seek the assistance of and cooperate with law enforcement officials within 24 hours after becoming aware that more than one of the following conditions exist:
1. Abuse or neglect is the suspected cause of a child's death.
2. The child is the victim of suspected sexual abuse or sexual exploitation.
3. Abuse or neglect resulting in severe physical, mental or emotional injuries to the child that requires medical treatment or hospitalization. For purposes of this subsection, "severe physical injury" means brain damage, skull or bone fractures, subdural hematoma, dislocations, sprains, internal injuries, poisoning, burns, scalds, severe cuts or any other physical injury that seriously impairs the health or physical well-being of a child.
4. Law enforcement intervention is necessary for the protection of the child, the protective services worker or another person involved in the investigation.
5. Any alleged perpetrator of the child's injury is not a person responsible for the child's health or welfare.
Take a child into temporary custody if necessary. Law enforcement officials shall cooperate with family services personnel to remove a child from the custody of the parents, guardian or custodian when necessary.
After investigation, assess the risk to the remaining children in the home and all other facts or matters found to be pertinent.
Substantiate whether there is probable cause to believe that the child is a child-in-need-of-care.
Offer to the family of any child found to be a child-in-need-of-care appropriate services.
Within thirty (30) days after a referral of a potential child-in-need-of-care, submit a written report of the investigation and evaluation that shall be included in the files maintained by the Tribal Family Services Department and shall include a determination as to whether the report was substantiated or unsubstantiated.
Upon completion of the investigation by the local law enforcement agency or the protective services worker, the law enforcement agency or protective services worker may inform the person who made the report as to the disposition of the report.
Law enforcement officials shall cooperate with the protective services worker and the Tribal Family Services Department in conducting investigations.
If protective services receives a report that alleges a pregnant woman abusing alcohol or a controlled substance, protective services shall arrange an appropriate assessment and offer services indicated under the circumstances. Services offered may include but are not limited to a referral for chemical dependency assessment, a referral for chemical dependency treatment and a referral for prenatal care. Protective services may also seek court ordered services. Protective services shall seek court ordered treatment if the pregnant woman refuses recommended voluntary services or fails recommended treatment.

7.02. The Family Services Department shall cooperate with such state and community agencies as are necessary to achieve the purposes of this Code. The Family Services Department may negotiate working agreements with other jurisdictions. Such agreements shall be subject to ratification of the Tribal Council.

7.03. Limitations of Authority; Duty to Inform.

Before offering protective services to a family, a worker shall inform the family that the worker has no legal authority to compel the family to receive such services.
If the family declines the offered services, the worker may request authorization of the Binojeeuk Commission to initiate a child protection petition in Children's Court alleging that the child is a child-in-need-of-care.
Nothing in this section limits the authority of the protective services worker to act in emergency situations to obtain a medical evaluation of the child.

Section 8. Indian Child Welfare Caseworker.

8.01. An Indian Child Welfare Caseworker shall be assigned by Family Services Department of the Little River Band of Ottawa Indians to serve as advocate, liaison, and case supervisor for families and children involved with the Tribal or State court systems in either civil or criminal matters. The responsibilities of the Indian Child Welfare Caseworker shall include the responsibility to:

Ascertain the interests of the child, taking into consideration the child's wishes according to the competence and maturity of the child.
Provide a written report of findings and recommendations to the Court at each hearing held before the Court.
Advocate for the interests of the child in mental health, educational, juvenile justice and other community systems when related to the circumstances causing the child to come within the jurisdiction of the Children's Court.
Inform the Court if the services are not being made available to the child and/or family, if the family fails to take advantage of such services or, if such services are not achieving their purpose.
Attend training programs as proscribed by Court procedures, the Family Services Director and the Binojeeuk Commission.
Serve as liaison to agencies of the Tribal or state government on behalf of the child and /or family to access services available.

Section 9. Duty to Report Child Abuse and Neglect.

9.01. Duty to Report. Any person who has a reasonable cause to suspect that a child is a child-in-need-of-care shall immediately make a report to the Tribal family services department or the Tribal law enforcement department. Those persons reporting, except those specified in section 9.02 below, may remain anonymous.

9.02. Persons Specifically Required to Report.

All Little River Band employees, any physician, nurse, dentist, optometrist or any other medical or mental health professional including a community health representative; volunteers working with families; school principal, school teacher or other school official; social worker; child day care center worker or other child care staff including foster care parents, residential care or institutional personnel; counselor; peace officer or other law enforcement official; member of the Binojeeuk Commission, member of the Child Protection Team; who has reasonable cause to suspect that a child may be a child-in-need-of-care shall make immediately, by phone or otherwise or cause a report to be made of the suspected condition to the Tribal family services department or Tribal law enforcement department.
A person mandated to report shall immediately report to the Tribal family services department if the person knows or has reason to suspect that a woman is pregnant and has abused alcohol or a controlled substance for a non-medical purpose during the pregnancy.
Within forty-eight (48) hours, excluding Saturdays, Sundays, and legal holidays, after making the report, the reporting person mandated to report under this section shall file a written report as required in this Code. If the reporting person is a member of the Little River Band staff of a hospital, agency or school, the reporting person shall notify the person in charge of the Little River Band hospital, agency or school and that the report has been made and shall have a copy of the written report available to the person in charge. One report from the Little River Band hospital, agency or school shall be considered adequate to meet the reporting requirement. A member of the staff of a hospital, agency or school shall not be dismissed or otherwise penalized for making a report required by this Code or for cooperating in an investigation.

9.03. Anonymous Reports. Any person who has a reasonable cause to suspect that a child has been abused, neglected or abandoned shall report the abuse, neglect or abandonment. Those persons reporting, except those already specified, may remain anonymous.

9.04. Form of Report. Those persons mandated to report shall include the following information in the written report, if known:

Names, addresses and Tribal affiliation of the child and the parents, guardian or custodian.
The child's age.
The nature and content of the child's abuse or neglect.
Previous abuse or neglect of the child or siblings.
The name, age and address of the person alleged to be responsible for the child's abuse or neglect.
The name and address of the person or agency making the report.

9.05. Medical Examination. The Tribal family services department may request a court order for a medical evaluation of a child. The department shall have a medical evaluation done without a court order if the child's health is seriously endangered and a court order cannot be obtained.

(a) When a child suspected of being a child-in-need-of-care is seen by a physician, the physician shall make the necessary examinations that may include physical examinations, x-rays, photographs, laboratory studies and other pertinent studies.

(b) The physician shall immediately report the results of the evaluation to the Little River Band family services, law enforcement and the Court. The physician's written report to the department of family services shall contain summaries of the evaluation.

9.06. Immunity from Liability. Any legally recognized privileged communication except that between attorney and client is abrogated and shall neither constitute grounds for excusing a report otherwise required to be made nor for excluding evidence in a civil child protective proceeding resulting from a report made pursuant to this Code.

9.07. Penalty for Not Reporting. Any person mandated to report who knowingly fails to do so or willfully prevents someone else from doing so shall be subject to a charge of civil contempt with a penalty of up to ninety (90) days in jail and/or a fine of up to $5,000.00.

9.08. Central Registry. Reserved.

Section 10. Investigation and Emergency Removal

10.01. Investigative Orders: Orders for Examination. Upon a showing by a Protective Services Worker or the Presenting Officer of probable cause that a child is a child-in-need-of-care, which may be done ex parte, the Court may order further investigation and discovery including, but not limited to, taking of photographs, gathering physical evidence and examinations or evaluation of a child, parent, guardian or custodian conducted by a physician, dentist, psychologist or psychiatrist.

10.02. Authority to Remove. Upon application by the Presenting Officer or a Protective Service Worker, which may be ex parte, the Court may order the child taken into custody if the Court finds probable cause to believe the minor is a child-in-need-of-care and that the conditions in which the child is found present a substantial risk of harm to the child's life, physical health or mental well-being. The Court may include in such an order:

An authorization to enter specified premises to remove the child; AND
A directive to place the child in protective custody pending preliminary hearing.

10.03. Emergency Removal without a Court Order.

A child may be taken into protective custody without a court order by a law enforcement officer or the Tribe's protective services worker if such person has probable cause to believe the child is a child-in-need-of-care.; AND
1. Failure to remove the child may result in a substantial risk of death, serious injury or serious emotional harm; OR
2. The parent, guardian or custodian is absent and it appears from the circumstances that the child is unable to receive the basic necessities of life and no satisfactory arrangements have been made by the parent, guardian or custodian to provide for such necessities and no alternative arrangements except removal are available to protect the child.
If grounds for removal are corrected, the child may be returned to the parent by the person originally authorizing removal or by the protective services worker.

10.04. Notice of Removal.

Notice to the Children's Court. After a child is removed from the home, the person who removed the child shall contact the presenting officer to permit the filing of the required petition within twenty-four (24) hours, excluding Saturdays, Sundays and legal holidays, after the child is removed from the home. The attempts made to contact the presenting officer shall be documented.
Notice to the Parent, Guardian or Custodian. The person removing the child shall make all reasonable efforts to notify the parents, guardian or custodian within twelve (12) hours of the child's removal. Reasonable efforts shall include personal, telephone and written contacts at their residence, place of employment or other location where the parent, guardian or custodian is known to frequent. If the parent, guardian or custodian cannot be found, notice shall be given to members of the extended family of the parent, guardian or custodian and/or the extended family of the child.
Notice to Child's Tribe if Different from the Tribe Whose Court is Exercising Jurisdiction. If the Children's Court asserts jurisdiction over a person who is a member of an Indian Tribe or historic band other than the Little River Band, the Children's Court shall notify the Tribal Court of the non-Tribal member that jurisdiction has been asserted. Such notice shall be made the next business day.
Notice of Preliminary Hearing. The parent, guardian, custodian, and Tribe, if applicable, shall be given notice of the preliminary hearing in the manner specified in Section 13 at the same time as soon as the date and time for such hearing is set.

10.05. Preliminary Hearing Following Emergency Removal. In all cases of emergency removal, a petition must be filed and a preliminary hearing must held in the Children's Court within 48 hours, excluding Saturdays, Sundays and legal holidays, after a child has been removed from the home unless such hearing is adjourned for good cause, or the child must be released. Such hearings may be held before a magistrate of the Children's Court and must comply with the requirements set forth in Section 15 of this Code.

Section 11. Binojeeuk Commission Informal Adjustment Conference.

11.01. Alternatives. Before and/or after the filing of a petition, the Binoj eeuk Commission or its designee may hold an informal conference with the child and the child's parent(s), guardian or custodian to discuss alternatives to the filing of a petition if:

An informal adjustment of the matter would be in the best interest of the child; AND
The child and the child's parent(s), guardian or custodian consent to an informal adjustment conference after they have received an explanation of their rights.

11.02. Limitations. This section does not authorize the Binojeeuk Commission or its designee to compel any involuntary action of the parties involved.

11.03. Duties. At the informal adjustment conference, the Binojeeuk Commission or its designee with the voluntary agreement of the parties may:

Refer the child and the child's parent(s), guardian or custodian to one or more human service agencies for a specific plan of assistance, recommended by the Child Protection Team or Family Services Department, intended to address the factors which may be placing the child(ren) at risk; or
Define terms of supervision calculated to assist and benefit the child which regulate the child's activities and are within the ability of the child to perform.

11.04. Written Report. The Binojeeuk Commission or its designee shall set forth in writing conference findings and the disposition agreed to by the parties. The report shall be made available to and signed by the child, child's parent, guardian or custodian. The child advocate, parent's attorney and the Court, if a petition has been filed, shall also receive copies of the report.

11.05. Decline Filing a Petition. If an informal adjustment is agreed to, then the Binojeeuk Commission may decline to recommend authorizing the filing of a petition. If a petition has already been filed the Binojeeuk Commission may ask the Presenting Officer to file a motion asking the Court to hold the petition in abeyance or to withdraw the petition and re-file at a later date without prejudice.

11.06. Timeframe. Any disposition arranged through the informal adjustment procedure of this section shall be concluded within six (6) months.

11.07. Review. The Binojeeuk Commission or its designee shall review the child's progress every thirty (30) days. If at any time after the initial thirty (3) day period, the Binojeeuk Commission concludes that positive shall ask the Presenting Officer to file a petition for a formal adjudication hearing.

11.08. Limitation on Evidence. No statement made during the informal adjustment conference maybe admitted into evidence at an adjudication hearing or any other proceeding involving the child under this Code.

Section 12. Filing Child Protection Petition.

12.01. Authorization to File Petition.

Upon the request by the Binojeeuk Commission, a child protective services worker or the Indian Child Welfare worker, the Presenting Officer shall conduct a preliminary inquiry to determine if formal child protection proceedings should be initiated by filing a child protection petition on behalf of the Tribe and in the best interests of the child.
Any person may file a complaint with the Binojeeuk Commission, Indian Child Welfare Worker, a protective services worker, Presenting Officer, law enforcement or the Children's Court alleging that a child is in need of care.
After completion of the preliminary inquiry on a petition, the Binojeeuk Commission or the Presenting Officer shall either authorize the filing of a petition or decline to authorize the filing of a petition.
If a child has been removed and placed in detention or custody, and filing the petition is not authorized by either the Binoj eeuk Commission or the Presenting Officer, the petition shall be dismissed and the child immediately released to his/her parent, custodian or guardian.
Only the Presenting Officer may file a petition alleging that a child is in need of care. The Presenting Officer shall file any petition which is authorized by the Binojeeuk Commission.
Nothing in this section shall preclude law enforcement or protective services personnel from taking emergency actions authorized under Section 10 of this Code.

12.02. Time Limitations. If a child has been removed from the home, then a child protection petition shall be filed with the Children's Court within forty-eight (48) hours, excluding Saturdays, Sundays and legal holidays, or the child must be returned to his/her home.

12.03. Contents of Petition. The child protection petition shall set forth the following with specificity:

The name, birth date, sex, residence and Tribal affiliation of the child;
The basis for the Court's jurisdiction;
The specific allegations which cause the child to be a child-in-need-of-care;
A plain and concise statement of the facts upon which the allegations of child-in-need-of care are based, including the date, time and location at which the alleged facts occurred;
The names, residence and Tribal affiliation of the child's parents, guardians or custodians, if known;
The names, relationships and residences of all known members of the child's extended family and all former care givers, if known. If the identity, residence or location of any parent, guardian, or custodian is unknown, the name, relationship and address of any known adult relative(s) residing in the same city or county as the child;
If the child is placed outside of the home, where the child is placed, the facts necessitating the placement and the date and time of the placement, unless the Presenting Officer determines that disclosure of the child's location will expose the child to a substantial risk of emotional or physical harm;
The name of the Presenting Officer presenting the petition and the date and time presented;
If any matters required to be set forth by the section are not known, a statement that they are not known should be made; and
The type of relief requested, including whether temporary or permanent custody is sought.

12.04. Filing and Dismissal of Petition.

The petition shall be filed with the Clerk of the Children's Court.
A petition alleging that a child is in need of care or supervision shall be dismissed with prejudice if a preliminary hearing is not held within:
1. Two (2) days, excluding Saturdays, Sundays and legal holidays, from the date of the petition is filed when a child is taken into custody; or
2. Twenty (20) days from the date the petition is filed when a child is not in custody or released to his/her parent, custodian or guardian.
Notwithstanding the time limitations specified in paragraph (b), above, the time for holding the preliminary hearing may be continued upon motion of the Presenting Officer if the custodial parent, guardian or custodian or other material evidence and/or witnesses are unavailable. The motion must include information regarding the nature of the material evidence presently unavailable and/or