SISSETON-WAHPETON SIOUX TRIBE
CHAPTER 40
FOSTER HOME
40-01-01 FOSTER HOMES LICENSED
The Tribal Human Services Board may license foster homes.
40-02-01 AUTHORITY TO PLACE-OUT OR BOARD-OUT CHILDREN
The Tribal Human Services Board is hereby empowered to place out and board out
children.
40-02-02 No person, agency, association, corporation, institution, society or other organization, except the Tribal Human Services Board or Roberts County Welfare Board authorized by a Court of Record may:
1. Place a child or negotiate or act as intermediary for the placement of a
child in a foster home; or
2. Offer or hold himself out as able to place a child in a foster home.
40-02-03 No person, agency, association, corporation, institution, society, or other organization shall receive, board, or keep, with or without transfer of legal custody, any child to provide care and maintenance for that child unless a license to operate a foster home is obtained from the Tribal Human Services Board, as provided in Chapter 40, Section 400'7-01 through 40-07-04.
40-02-04 This Section shall not restrict or limit the right of a parent, legal guardian, or relative within the second degree, as defined in Chapter 43, Section 43-02-11, to place out or board a child with a relative or close friend.
40-03-01 ROLES GOVERNING FOSTER HOMES
The Tribal Human Services Board shall prescribe rules establishing minimum
requirements for the issuance of licenses to and establishing standards for the
operation of foster homes. These rules shall be designated to protect the
health, safety, and welfare of the children in the care of all licensees.
40-03-02 The Tribal Human Services Board shall prescribe application forms to be used by all applicants for licenses from it.
40-03-03 The Tribal Human Services Board shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.
40-04-01 PLACEMENT OF CHILDREN IN FOSTER HOMES
The Court shall have the power to modify any decisions of the Tribal Human
Services Board.
40-04-02 If the Juvenile Court or the Tribal Human Services Board places a child in a foster home, it shall enter into a written agreement with the head of such home, which agreement shall provide that the Tribal Human Services Board shall have access at all reasonable times to the child and the home, and that the child shall be released to the Tribal Human Services Board whenever, in its opinion, the best interests of the child require it.
40-05-01 VISITATION, INSPECTION, AND SUPERVISION
The Tribal Human Services Board is authorized to visit and inspect, in its
discretion, each foster home licensed by it, where children are received,
boarded, or kept, and for such purpose shall be given unrestricted access at
reasonable times to the premises described in the license. Every licensed home
shall, if practicable, be visited by the Tribal Human Services Board at least
four (4) times each year.
40-06-01 PROHIBITING PLACING-OUT OR BOARDING-OUT
Whenever the Juvenile Court shall decide that any disposition of a child under
this title has been made for purposes of gain, or without due inquiry as to the
character and reputation of a person with whom such child is placed, or in such
manner that such child is subjected to cruel and improper treatment, or neglect,
or immoral surroundings, it may issue an order prohibiting the Tribal Human
Services Board from thereafter placing out or boarding out any child. No such
order shall be issued until after an opportunity to be heard before the Court
and reasonable notice has been given, with a copy of the charge. A full record
of the proceedings and decision on such hearing shall be kept by the Court. Any
such order issued by the Court may be revoked by said Court.
40-07-01 LICENSE TO BOARD CHILDREN
Application for a license to receive, board, or keep any child shall be made in
writing to the Chairman of the Tribal Human Services Board in the form and
manner prescribed by the Tribal Human Services Board.
40-07-02 After receipt of an application for a license, an authorized agent or employee of the Tribal Human Services Board shall visit and inspect the premises for which such license is requested, make such further inquiry and investigation as the Tribal Human Services Board may direct and file with the tribal Human Services Board a written report.
40-07-03 If it appears from such inquiry and report that the applicant maintains a good home suitable for the care of children, in accordance with the rules and regulations of the Tribal Human Services Board and the minimum requirements for a license adopted by the Tribal Human Services Board, the Chairman of said Board shall cause such license, to receive, board and keep a child under the age of twenty-one (21) years, to be issued in such manners as the Tribal Human Services Board may provide.
40-07-04 No license shall be transferable.
40-08-01 REVOCATION OF LICENSE
Licenses may be revoked for cause by the Tribal Human Services Board when the
licensee has substantially and intentionally violated any provisions of this
subchapter or of the rules of the Tribal Human Services Board adopted pursuant
to Chapter 40, Section 40-03-01 through 40-03-03; or when the licensee fails to
meet the minimum requirements for a license. The Tribal Human Services Board
shall give the licensee written notice of any revocation and of the grounds for
revocation.
40-09-01 APPEAL PROCEDURE
Any person aggrieved by the Tribal Human Services Board's refusal or failure to
issue a license or by its revocation of a license has the right to an
administrative hearing by the Tribal Human Services Board. Judicial review of
the Tribal Human Services Board's decision may be provided in Chapter 40,
Section 40-11-01.
40-10-01 ORDERS OF REMOVAL
Whenever the Juvenile Court shall find a child:
1. Placed out or boarded out in a home which is unsuitable or has no license;
or
2. Cared for under a license but neglected or without suitable care or
protection;
It may order its removal within thirty (30) days by the Tribal Human Services Board which placed in. If such child is not removed within the specified time, the matter may be brought before the Juvenile Court for disposition.
40-11-01 REVIEW OF ORDERS
Any person agency, association, corporation, institution, society or other
organization aggrieved by decisions of the Juvenile Court or Tribal Human
Services Board in making any order pursuant to the provisions of this title, may
institute a proceeding in the Tribal Court having jurisdiction.
40-12-01 FINDING FOSTER HOMES
Persons authorized by the Tribal Human Services Board shall periodically review
reservation homes for availability and suitability as foster homes. Contact will
then be initiated with selected families to explore their interest in becoming
foster parents.
40-13-01 SUITABILITY OF POTENTIAL FOSTER HOMES
The Tribal Human Services Board shall, whenever possible, aid potential foster
parents, whose homes do not meet the minimum requirements of the Tribal Human
Services Board, in meeting the minimum requirements for a license.
40-14-01 PENALTY FOR VIOLATION
Any person, agency, association, corporation, institution, society or other
organization who violates the provisions of this title may be fined not more
than five hundred dollars ($500.00), or six (6) months imprisonment, or both,
with costs.
40-15-01 INJUNCTION
The Tribal Court shall have jurisdiction to prevent and restrain by injunction
violations of the provisions of this title. It shall be the duty of the Juvenile
Judge, upon request of the Tribal Human Services Board, to institute action for
such injunction under Chapter 33, Section 33-0501 through 33-05-04.
SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for any
reason be adjudicated by any Court of competent jurisdiction, to be invalid or
unconstitutional, such judgement shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof directly involved in the
controversy in which the judgement shall have been rendered.