A. 
Short title. This code will be entitled "Children's Code."
B. 
Purpose. Children are the Tribe's most vital and cherished treasure. The Tribe's future depends on the health and well-being of its children. Children have a sacred right to receive the care and guidance necessary for their spiritual, emotional, mental, and physical development. Feeling pride from their identity as Potawatomi will help them grow into strong, healthy, responsible adult tribal members. The children's code will be liberally interpreted and construed to fulfill the following expressed purposes:
(1) 
To provide for the welfare, care and protection of the children and families within the jurisdiction of the Nottawaseppi Huron Band of the Potawatomi (NHBP);
(2) 
To preserve the unity of the family, only separating the child from his or her parents when absolutely necessary;
(3) 
To take such actions that will best serve the spiritual, emotional, mental, and physical welfare of the child and the best interest of the Tribe to prevent the abuse, neglect and abandonment of children;
(4) 
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;
(5) 
To secure the rights of and ensure fairness to the children, parents, guardians, custodians and other parties who come before the Court under the provisions of this code;
(6) 
To provide procedures for intervention in state court proceedings regarding Indian children and for transfer of jurisdiction over Indian children from state and other tribal courts to this Tribal Court;
(7) 
To ensure compliance with all applicable federal laws and to provide a reasonable means by which cross-jurisdictional judgments and orders may be enforced with full faith and credit;
(8) 
To recognize and acknowledge the tribal customs and traditions of the Nottawaseppi Huron Band of the Potawatomi regarding child-rearing;
(9) 
To preserve and strengthen the children's cultural ethnic identity whenever possible and to protect the sovereignty of the Nottawaseppi Huron Band of the Potawatomi.
(10) 
To transfer appropriate cases to any traditional or alternative dispute resolution body created by the Tribe.
C. 
The Nottawaseppi Huron Band of the Potawatomi believes all children deserve the following: a mother (gashe); a father (noos); identity with the traditional way of life (mno bmadzewen); to learn and speak their language (Bodewewadmi); to have a family (mezodan); know their relatives (nwemagen); to know the traditional laws, customs, and ceremonies of the people; a knowledge and understanding of the seven grandfather teachings; Bwakawen (wisdom), Debanawen (love), Kejitwawenindowen (respect), Wedasewen (bravery), Gwekwadzewen (honesty), Edbesendowen (humility), and Debwewin (truth); and the ability to live according to the practice of the traditional laws, customs, and ceremonies that govern their people.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
The child has been abandoned under the following circumstances:
A. 
A parent of a child is unidentifiable or has had substantially no contact with the child for twenty-eight (28) or more calendar days and has not sought custody of the child during that period. For purposes of this section, a parent is unidentifiable if the parent's name and location cannot be ascertained after practical attempts have been made to locate and identify the parent; or
B. 
A parent has left a child in the care of others, including a legal custodian, for at least thirty (30) calendar days and has not provided for support of the child for a period of at least six (6) months. The failure to provide support and to communicate with a child for a period of at least six (6) months will be presumptive evidence of intent to abandon the child.
ACTIVE EFFORTS
More than reasonable efforts and requires an energetic and aggressive course of action to prevent the removal of a child or to reunite a child with his/her family based upon the Tribe's cultural norms and utilization of tribal resources. This means aggressive actions that assist in alleviating the problems or issues that might lead to or have led to the removal of the child from the family. Active efforts include, but are not limited to:
A. 
Identifying and implementing appropriate services to help the parents to overcome barriers to compliance with those services;
B. 
Identifying the community resources offering housing, financial, and transportation assistance; providing in-home support; providing information about those resources to the child's family, actively offering assistance in accessing those resources;
C. 
Engaging the Indian child, child's parents, Tribe, extended family members, and individual Indian caregivers through the utilization of culturally appropriate services and in collaboration with the parent or child's Indian Tribe and Indian social services agencies.
ADULT
A person eighteen (18) years of age or older, or a person under the age of eighteen (18) who has been emancipated by order of a court of competent jurisdiction.
AGGRAVATED CIRCUMSTANCES
Incidents of abuse or neglect perpetrated upon a child which demonstrates such recklessness to the health and well-being of children, and the community's standards for the care of children, that reunification efforts are deemed inappropriate and termination of parental rights may be immediately sought by petition. Aggravated circumstances will include the use of a weapon in an act of child abuse, abandonment of a child, addiction at birth of child and/or mother, conviction of homicide of spouse, parent, child, sibling, live-in partner, or any other person who regularly resides in the household, sexual abuse of a child or physical abuse which results in permanent or potentially permanent injury to a child, the maiming or death of a child.
BEST INTERESTS OF THE CHILD
The standard used by the NHBP Tribal Court to determine the well-being of a child in a particular case, through the evaluation of the following factors:
A. 
Physical, mental, emotional, spiritual, and familial needs of the child;
B. 
Providing a stable, nurturing environment for the child;
C. 
Meeting the unique individual needs of the child; and
D. 
Any other factor considered by the NHBP Tribal Court to be relevant to a particular child under this code.
CALENDAR DAYS
Consecutive days of the year, including weekends and excluding recognized tribal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Michigan Indian Day, Thanksgiving Day, Friday after Thanksgiving, Federal Recognition Day, Christmas Eve Day, Christmas Day, New Year's Eve.
CHILD
A person under the age of eighteen (18) who has not been emancipated by order of a court of competent jurisdiction.
CHILD ABUSE
Includes but is not limited to:
A. 
Any case in which:
(1) 
The death of a child has occurred due to, or a child exhibits evidence of, skin bruising, bleeding, malnutrition, failure to thrive, burns, fractures of any bone, head or spinal injury, soft tissue swelling; and
(2) 
Such condition is not reasonably explainable as due to accident or illness; or medically deemed not likely to be the result of an accident or illness; and/or
(3) 
A child has suffered physical, emotional, or developmental harm inflicted by other than accidental means.
B. 
A child is or has been subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, prostitution, or exposure to other sexually inappropriate behavior of an adult in the presence of the child.
C. 
A child is or may be placed at risk of sexual assault, molestation, or sexually inappropriate contact, by prolonged or unrestricted contact with a person who has been convicted of a crime of sexual misconduct.
D. 
The neglect of the child's basic needs, including but not limited to the provision of food, clothing, shelter, medical care, and education, to the degree that the child's development has been or is likely to be significantly adversely affected, or in which a child manifests physical or emotional harm as a direct result of abuse or neglect.
E. 
Children left without proper supervision for prolonged periods or in conditions or in a manner resulting in or likely to result in physical harm to the child. The length of time depends on the age and maturity of the child.
CHILD BORN OUT OF WEDLOCK
A child born to parents who are not married at the time of birth.
CHILD NEGLECT
Includes, but is not limited to, intentional or unintentional negligent treatment or maltreatment of a child, by act or omission, by any person, including one who is responsible for the child's health, welfare and/or safety, under circumstances which indicate that the child is at risk for physical, emotional or developmental harm.
CONTRACT HEALTH SERVICE DELIVERY AREA (CHSDA) or SEVEN-COUNTY PRIMARY SERVICE AREA
The United States Department of Interior's administrative designation of Allegan, Barry, Branch, Calhoun, Kalamazoo, Kent, and Ottawa Counties.
CONTROLLED SUBSTANCE
Includes any substance identified in the federal controlled substance schedules (21 CFR 1308.11 through 1308.15) and synthetic drugs designed to affect the body in a manner similar to those substances listed in Tribal Code or federal schedules of controlled substances.
COURT
The Court of the Nottawaseppi Huron Band of the Potawatomi asserting jurisdiction over matters involving children.
CUSTODIAL INTERFERENCE
Any action which obstructs the reasonable exercise of dominion and control over the life of a child by that child's lawful custodian or the willful disobedience of a court order regarding the placement of a child.
CUSTODIAL PARENT
The biological or adoptive parent(s) with legal and physical custody of one or more children and with whom the child(ren) live(s) most of the time.
CUSTODIAN
A person other than a parent or guardian, to whom legal custody of the child has been sanctioned by a court of competent jurisdiction or a member of the child's extended family to whom temporary custody has been transferred by such child's biological parent in accordance with tribal custom.
CUSTODY
Dominion and control over the daily life of a child conducted in the best interests of the child.
DEPENDENCY
See definition of "protected child determination."
DEPENDENT CHILD
See definition of "protected child."
DOMESTIC VIOLENCE
An assault and/or a battery committed by a current or former spouse, an intimate partner, an individual with whom the victim has a child in common, or an individual with whom the victim has or has had a dating relationship.
DOMICILE
The usual and common residence of a person defined by a clear intent to maintain residency continuously despite any periodic physical absence from the home. The domicile of a child is presumed to be that of the custodial parent, legal guardian or custodian.
EXTENDED FAMILY
A person who has reached the age of eighteen (18) and who is the child's stepparent, stepsibling, niece or nephew, cousin (no matter the biological degree of relations), or other kinship or nonkinship relations (including non-Indian) recognized by the child and/or family members as having a relationship with the child.
FAMILY
A general term referring to immediate family and/or extended family. See definitions of "immediate family" and "extended family."
FAMILY VIOLENCE
The same or similar acts as defined as domestic violence, but are directed towards a family or household member instead of an intimate partner. The dynamics of power and control may, or may not, be present.
FATHER
One of the following:
A. 
A man legally married to the mother of a child at any time from a child's conception to the child's birth; or
B. 
The father listed on a child's birth certificate; or
C. 
A man who legally adopts a child; or
D. 
A man whose paternity has been established in one of the following ways:
(1) 
The man joins with the mother of the child and signs an affidavit of parentage.
(2) 
The man signs a declaration of paternity upon the birth of the child or the man and the mother file a joint, written request for a correction of the birth certificate to name the declarant man as the child's father, and such a revised birth certificate is issued.
(3) 
A man, who by order of filiation, or by DNA testing of paternity, is determined to be the father of the child in any court of competent jurisdiction.
(4) 
A man recorded as the child's father in a tribal or state governmental Vital Records Office or the equivalent.
GUARDIAN
A person assigned by a court of competent jurisdiction, other than a parent, having the duty and authority to provide care and control of a child.
GUARDIAN AD LITEM (GAL)
An attorney appointed by the Court to advocate on behalf of the child.
ICWA
The Indian Child Welfare Act of 1978 (25 U.S.C.A. §§ 1903-44) is a federal law that seeks to keep American Indian children with American Indian families. The provisions of ICWA apply to state courts when those courts are attempting to remove Indian children from Indian homes. ICWA does not apply to Tribal Court proceedings or to child custody proceedings following divorce proceedings of the child's parents.
IMMEDIATE FAMILY
A person who is the child's parent, grandparent, biological, adopted or half sibling, brother-in-law, sister-in-law, or other kinship or nonkinship relations recognized by the child and/or family members as having a close and positive relationship with the child.
INDIAN
An enrolled member of NHBP, a person eligible for enrollment at NHBP, any member of a federally recognized Indian tribe, band or community, or Alaska Native, any member of a historic tribe or band recognized by the NHBP or the State of Michigan, or a person acknowledged to be a Native American by the community.
INDIAN CHILD
An enrolled child of NHBP or enrolled member of a federally recognized Indian tribe or Alaska Native who is a member of a tribe or band that is acknowledged to exist as a tribe or band by the United States, the Secretary of the Interior or a member of a historic tribe or band recognized by the State of Michigan; a child eligible for enrollment at NHBP, or eligible for membership in any federally recognized Indian tribe, band, or community acknowledged to exist as a tribe or band by the United States, the Secretary of the Interior, or band recognized by the State of Michigan. A child who is eligible for such membership who is the natural child of at least one (1) parent who is an Indian as defined herein.
JURISDICTION
A. 
CONCURRENT JURISDICTIONJurisdiction that may be exercised simultaneously by more than one (1) court over the same subject matter and within the same territory.
B. 
EXCLUSIVE JURISDICTIONA court's power to adjudicate an action or class of actions to the exclusion of all other courts. In child protection cases the NHBP Tribal Court will have jurisdiction exclusive as to any state or other Tribal Court over any child protective proceeding involving an Indian child who resides or is domiciled within the reservation of NHBP, except where such jurisdiction is otherwise vested in the state by existing federal law. Where an Indian child is a ward of NHBP Tribal Court, the Tribe retains exclusive jurisdiction, regardless of the residence or domicile or subsequent change in his or her residence or domicile.
C. 
ORIGINAL JURISDICTIONA court's power to hear and decide a matter before any other court can review the matter.
KEWABMOGEYGOYEN (PROTECTED CHILD)
Kewabmogeygoyen is the Bodewewadmi word for he/she is being watched over by them.
LEAST RESTRICTIVE ALTERNATIVE
A placement alternative which creates the least disruption, upheaval or adverse effects upon the child and family, when considering the best interests of the child, for obtaining the objectives of the Court and this code.
LEGAL CUSTODIAN
One who by maternity, paternity or valid order of a court of competent jurisdiction has custody and control over a minor child(ren).
MIFPA
Michigan Indian Family Preservation Act. MCLS 712B.1 to 712B.41 is a state law that seeks to keep American Indian children with American Indian families and provide clarification to and support of ICWA. The provisions of MIFPA apply to state courts when those courts are attempting to remove Indian children from Indian homes. MIFPA does not apply to Tribal Court proceedings or to child custody proceedings following divorce proceedings of the child's parents.
MINOR
A person less than eighteen (18) years of age.
MULTIDISCIPLINARY TEAM
A specialized team established to assist in the investigation and prosecution of child abuse and neglect cases.
NHBP
The Nottawaseppi Huron Band of the Potawatomi.
NONCUSTODIAL PARENT
The parent who does not have primary physical custody of or live with the child most of the time.
PARENT
A person who is legally responsible for the control and care of a child, including a biological mother or father of a child or a child's adoptive parent. Not included in this definition are persons whose parental rights have been terminated and a father whose paternity has not been lawfully established as provided for in this code.
PARENTAL RIGHTS
Legal rights attached to and associated with parenthood and all attendant responsibilities, duties, rights and obligations, including, but not limited to:
A. 
Care, custody, maintenance and protection. A parent has the obligation to lawfully provide for a child's care, custody, maintenance and protection according to his/her own beliefs, customs and values so long as the child is not placed at risk of physical, emotional or developmental harm.
B. 
Adequate guidance. It is presumed that parental guidance is given in good faith and in the best interests of the child. This presumption may only be rebutted by clear and convincing evidence that guidance provided to a child has directly resulted in physical, emotional or developmental harm to the child.
C. 
Right to discipline. A parent has the right to correct the child by reasonable and timely discipline, which must be corrective and not punitive. Deprivation of basic needs such as food, shelter, education, medical care or clothing will not be considered reasonable discipline.
D. 
Control of education. A parent may educate the child as he or she sees fit as long as the child's intellectual development is age appropriate and meets minimum community standards for academic progress.
E. 
Religious training. The religious training of minor children, or lack of it, is a matter solely within the parent's discretion.
F. 
The right to a child's services and earnings as long as the child is not exploited.
G. 
The right to inherit from the child.
PARENTING TIME
Scheduled times in which a parent or other approved extended family members may engage in interaction with a child who does not permanently reside with that parent or extended family member.
PARTY IN INTEREST —
In any court action pursuant to this code, the Petitioner(s), the Respondent(s), and the Child(ren) who are the subject of any legal proceeding arising from enforcement of this code.
PATERNITY
Fatherhood or the state of being a father.
PERMANENCY PLAN
A plan for long-term placement and care of a child who has been adjudicated a protected child under the provisions of this code and has remained in protective placement for a period of time that would indicate that out-of-home care is in the best interests of the child.
PETITIONER
The person, agency or entity seeking relief or remedy under the provisions of this code.
PRESENTING OFFICER
The Tribal Prosecuting Attorney or an Assistant Tribal Prosecuting Attorney who represents the Tribe in all matters related to this code and the Indian Child Welfare Act 25 U.S.C. § 1901 et seq.; or one authorized by the Tribal Council to present cases involving abuse and neglect to the NHBP Court for adjudication and to represent the interests of NHBP in court cases involving NHBP member families.
PROTECTED CHILD
A child who has been adjudicated to be a dependent or neglected child, over whom the Tribal Court assumes jurisdiction, even if such child is placed with the Michigan Department of Human Services or other similar agency for care. A dependent/neglected child is a temporary protected child of the Court until the time the case is dismissed and/or jurisdiction terminates. In cases where parental rights are terminated, the child becomes a permanent protected child of the Tribal Court until the child is lawfully adopted, emancipated, or reaches the age of majority.
PROTECTIVE PLACEMENT
Provision of residence for a child outside of the child's domicile intended to be temporary pending investigation or adjudication of allegations of child abuse or neglect as defined herein.
PROTECTIVE SERVICES WORKER
The protective services worker, social services worker, law enforcement personnel or any person who performs the duties and responsibilities set forth in Article V of this code.
PUTATIVE FATHER
An alleged or reputed father of a child born out of wedlock or for whom paternity has not been legally established.
QUALIFIED EXPERT WITNESS or QEW
A person, in child protection proceedings under this code, who is appointed by the Tribal Council as a QEW and who possesses the following characteristics:
A. 
A member of the NHBP or, if the child is not a member of the NHBP, a member of the child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and child-rearing practices; or
B. 
Substantial experience in the delivery of child and family services to American Indians and extensive knowledge of prevailing social and cultural standards in child-rearing practices within the child's tribe; or
C. 
Is a professional person with extensive education and experience in the area that testimony and opinion will be offered by such person.
REASONABLE EFFORTS
The mandated responsibility of the agency into whose care and custody the child's case is directed to provide, or ensure that others provide, rehabilitative and supportive services tailored to an individual person and/or family's specific circumstances which are reasonably designed to prevent the removal of children from their parent(s)' custody and care, or which promote the reunification of the family, and which are conducive to altering individual and family behaviors and attitudes that pose a risk to children. Services should, whenever possible, be culturally specific and remedial in intent.
RESPONDENT
The person or persons alleged to have violated provisions of this code.
REUNIFICATION
The return of a child or parent to the home and is the preferred goal of this code.
REUNIFICATION PLAN
The plan for the provision of services, participation and compliance by parties in interest, placement, parenting time and other relevant factors that are reasonably designed to facilitate the eventual reunification of a family or to prevent the breakup of a family.
SEVEN-COUNTY PRIMARY SERVICE AREA or CONTRACT HEALTH SERVICE DELIVERY AREA (CHSDA)
The U.S. Department of Interior's administrative designation of Allegan, Barry, Branch, Calhoun, Kalamazoo, Kent, and Ottawa counties.
SOCIAL SERVICES UNIT (SSU) OF THE HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)
The tribal departmental unit responsible for administering the protective and prevention services provided for in this children's code, including, but not limited to, investigating reports of abuse or neglect, planning and implementing reunification efforts, placement, monitoring family progress, permanency planning and serving as the representative services agency of the NHBP government in all actions involving member children within other jurisdictions.
STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES
The department of the state in which the family lives that promotes better health outcomes, reduces health risks, and supports stable and safe families while encouraging self-sufficiency.
TERMINATION OF PARENTAL RIGHTS - TPR
An order by a court of competent jurisdiction that, after trial and deliberation, it is in the best interests of a child to permanently terminate a parent's legal rights to the child.
TRIBAL COUNCIL
The elected governing body, exercising the legislative and executive powers of the Nottawaseppi Huron Band of the Potawatomi as set forth in the NHBP Constitution.
TRIBAL COURT
The Tribal Court of the Nottawaseppi Huron Band of the Potawatomi. A court of general jurisdiction functioning within the Tribal Judiciary as the judicial branch of the Nottawaseppi Huron Band government as set forth in the NHBP Constitution. The Tribal Court includes a trial level court and a supreme court for all appeal matters.
TRIBAL COURT WARD
See definition of "protected child."
TRIBAL INTEREST
Because of the vital interest of the NHBP in its member children and those children who may become members, the statutes, regulations, public policies, customs and common law of the NHBP will control in any Tribal Court proceeding involving an Indian child as defined herein.
TRIBAL LANDS
Lands owned by the Nottawaseppi Huron Band of the Potawatomi; lands owned by the United States of America in trust for the Nottawaseppi Huron Band of the Potawatomi; lands within the exterior boundaries of the Nottawaseppi Huron Band reservation; and Indian country, as defined in 18 U.S.C. § 1151.
TRIBE
The Nottawaseppi Huron Band of the Potawatomi and/or NHBP.
WEAPON
Any instrument, firearm, article, or substance which, regardless of its primary function, is readily capable of being used to produce death or serious bodily harm.