Nottawaseppi Huron Band of the Potawatomi, MI Article IV Officers of Tribal Court

§ 7.5-9 Officers.

A. Presenting Officer:

(1) Is authorized to represent NHBP in proceedings arising under this code and proceedings in state courts under the ICWA;

(2) May provide legal counsel to SSUs with respect to matters under this code; and

(3) May make recommendations to the SSU, the MDT, and the Tribal Council regarding amendments to this code.

B. Counsel for parents.

(1) Parents may be represented at each stage of the proceedings under this code by an attorney or lay advocate at their own expense.

(2) Any party upon a showing of indigence may request the Court appoint a lawyer or advocate for a parent if the interests of justice require and if funding is available for that purpose. Such appointment is not a guarantee and will be subject to the discretion of the Court considering all circumstances of funding and the interests of justice.

(3) Parents will be notified of their right to representation in all protected child determination proceedings.

C. Guardians ad litem (GAL).

(1) Appointment. At any stage of the proceedings conducted under this code, the Court may appoint a GAL for the child. The GAL may be a lawyer, or a disinterested lay advocate approved by the Court.

(2) Role of the guardian ad litem. The role of the GAL is to represent and assert the best interests of the child.

(a) The wishes of the child are always relevant and will be presented to the Court by the GAL so that the Court may weigh those wishes according to the competence and maturity of the child and in consideration of the child's circumstances. When the GAL disagrees with the child's wishes, he or she will state why the child's wishes are not in his or her best interests.

(3) Duties of the guardian ad litem. The GAL will perform the following duties:

(a) Appear at all hearings and competently and diligently represent and assert the best interests of the child in all proceedings before the Court;

(b) Meet with the child at least once every thirty (30) days in the home where the child resides or is currently placed.

(c) Conduct an independent investigation to properly ascertain the facts and circumstances which are material to determining that the child is in need of protection and the best interests of the child. This may include interviewing the child, parents, social workers, school personnel, care providers, and other persons;

(d) Ascertain the interests of the child, taking into consideration the child's wishes according to the competence, development, and maturity of the child;

(e) Provide a written report of findings and recommendations to the Court and all parties in interest regarding placement, remedial efforts and reunification prior to protected child determination and termination hearings or as ordered by the Court;

(f) Seek specific and clear orders for evaluation and assessment when appropriate as well as services and treatment for the child and immediate family that will advance the goal of reunification of the family whenever possible;

(g) Monitor development and implementation of reunification plans and court orders to determine whether plans and orders are, under the circumstances, reasonable, timely executed and are designed to accomplish clear goals;

(h) Request appropriate Court action if services are inadequate or not being made available to the child and/or the family, or if such services are not achieving their purposes;

(i) Identify common interests among the parties and, when possible, promote a cooperative resolution of issues before the Court;

(j) Consult with other professionals in identifying the child's best interests, current and future placements, and necessary services;

(k) Advocate for the best interests of the child in medical, mental health, educational, juvenile justice, and other community systems when related to the circumstances causing the child to come within the jurisdiction of the Court;

(l) Attend training programs as recommended and provided by the Court, or the SSU; and

(m) Inform the Court if 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 purposes.

(4) Confidentiality. Except as otherwise directed by the Court, all records, information, and reports prepared, acquired or received or reviewed by the GAL are confidential and will only be disclosed or dispersed pursuant to this code or other tribal law.