The Health and Human Services (HHS) Department's Social
Services Unit (SSU) is authorized and responsible, as expressly provided
throughout this code, to administer the NHBP's protective services
and child welfare laws and to establish such programs as are necessary
to carry out its purposes. In addition, HHS will have the following
authority in order to achieve the purposes of this code:
A.
Cooperation and grants. HHS is authorized to cooperate fully with
any federal, state, tribal, public or private agency in order to participate
in any appropriate foster care, shelter care, treatment or training
program(s) which may be available, and to receive grants-in-aid to
carry out the purposes of this code. This authority is subject to
the availability of funds.
B.
Social services. HHS will utilize such social services as may be
furnished by any tribal, federal, state or private agency, provided
that it is economically administered without unnecessary duplication
and expense and meets the standards stated in this code; and
C.
Contracts. HHS may negotiate contracts with tribal, federal or state
agencies and/or departments on behalf of the Tribal Council, assist
in establishing agreements and contacts with public and private entities
to delegate investigative and other responsibilities when necessary,
for the care and placement of children who are wards of the Tribal
Court under this code, subject to the availability of funds and tribal
and federal laws governing the custody and control of children.
D.
Central registry. HHS Social Services Unit will maintain a central
registry of reports, investigations and evaluations made.
E.
Central registry of reports, investigations and evaluations made
under this code. The registry will contain all information regarding
suspected child abuse or neglect of any child under NHBP jurisdiction.
Such information will be preserved in the central registry until the
child concerned reaches eighteen (18) years of age, unless the Tribal
Court orders the child's records to be preserved for a longer
period of time to assist with the protection of other siblings or
for other purposes. Information maintained in the central registry
will be confidential and may be disclosed only to tribal, state and
federal agencies who demonstrate a need of such information for child
protection and child welfare purposes. A request for the release of
information must be submitted in writing, and such request and its
approval will be made a part of the child's file.
(1)
Central registry confidentiality and access. Access to the central
registry is limited to the SSU for purposes of investigations unless
a written request for specific information is filed with the SSU by
one of the following:
(a)
A legally mandated public or private child protective agency
investigating a report of known or suspected child abuse or neglect.
(b)
A police or other law enforcement agency investigating a report
of known or suspected child abuse or neglect.
(c)
A physician who is treating a child whom the physician reasonably
suspects may be abused or neglected.
(d)
A person legally authorized to place a child in protective custody
when the person is confronted with a child whom the person reasonably
suspects may be abused or neglected and the confidential record is
necessary to determine whether to place the child in protective custody.
(e)
A person, agency, or organization, including a multidisciplinary
case consultation team, authorized to diagnose, care for, treat, or
supervise a child or family who is the subject of a report or record
under this act, or who is responsible for the child's health
or welfare.
(f)
A person named in the report or record, if the identity of the
reporting person is protected.
(g)
A court that determines the information is necessary to decide
an issue before the court.
(h)
A grand jury that determines the information is necessary in
the conduct of the grand jury's official business.
(i)
A person, agency, or organization engaged in a bona fide research
or evaluation project. The person, agency, or organization shall not
release information identifying a person named in the report or record
unless that person's written consent is obtained. The person,
agency, or organization will not conduct a personal interview with
a family without the family's prior consent and will not disclose
information that would identify the child or the child's family
or other identifying information. The department director may authorize
the release of information to a person, agency, or organization described
in this subsection if the release contributes to the purposes of this
act and the person, agency, or organization has appropriate controls
to maintain the confidentiality of personally identifying information
for a person named in a report or record under this act.
(j)
A lay guardian ad litem or other attorney appointed.
(k)
A child-placing agency licensed, for purpose of investigating
an applicant for adoption, a foster care applicant or licensee or
an employee of a foster care applicant or licensee, an adult member
of an applicant's or licensee's household, or other persons
in a foster care or adoptive home who are directly responsible for
the care and welfare of children, to determine suitability of a home
for adoption or foster care. The child-placing agency will disclose
the information to a foster care applicant or licensee or to an applicant
for adoption.
(l)
Juvenile Court staff authorized by the Court to investigate
foster care applicants and licensees, employees of foster care applicants
and licensees, adult members of the applicant's or licensee's
household, and other persons in the home who are directly responsible
for the care and welfare of children, for the purpose of determining
the suitability of the home for foster care. The Court will disclose
this information to the applicant or licensee.
(m)
A child fatality review team authorized to investigate and review
a child death.
(n)
A county medical examiner or deputy county medical examiner
for the purpose of carrying out his or her duties.
(o)
A child care regulatory agency.
A.
Receipt and investigation of referrals.
(2)
Within twenty-four (24) hours of receiving an allegation of child
abuse and/or neglect, SSU will initiate or cause to be initiated an
investigation regarding a protected child within the jurisdiction
of NHBP to determine 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;
(3)
Assess the risk to any children in the home or with whom the alleged
perpetrator(s) are likely to have contact.
(4)
Offer or recommend to the family appropriate available services and
assistance in obtaining services.
(5)
Seek the assistance of, and cooperate with, tribal, state or other
law enforcement officials when:
(a)
Abuse or neglect is the suspected cause of a child's death;
(b)
A child has been or is being subjected to abuse or neglect;
or
(c)
Law enforcement intervention is necessary for the protection
of a child, the protective service worker, or another person involved
in the investigation.
(d)
Any alleged perpetrator of the child's injury is not a
person responsible for the child's health or welfare but resides
in the same home as the child or has significant contact with the
child; or
(e)
A child has committed an act which, if the child were an adult,
would be considered a crime.
(f)
A report which alleges a pregnant woman's abuse of alcohol
or a controlled substance under the jurisdiction of the Tribe or this
code and if the pregnant woman refuses recommended voluntary services
or fails recommended treatment.
B.
Records and reports.
(1)
Investigation. Maintain a written record of the investigation that
includes, at a minimum, information and reports gathered, including
dates and witnesses related to the allegations of child abuse and/or
neglect.
(2)
Within thirty (30) days after receiving a referral for removal of
a child, submit a written report of the investigation and evaluation
which will be included in the official case files maintained by the
SSU. The report will include a determination as to whether the report
of abuse or neglect was substantiated or unsubstantiated and disposition
of placement.
C.
Substantiated referrals.
(1)
Assist in developing individualized services plans as well as reunification
and concurrent permanency plans which reasonably include contingency
plans for each.
(2)
Assist in determining when a reunification plan has been successful
and when it has, for whatever reason, failed. When a reunification
plan has failed, provide evaluation of the plan and make remedial
recommendations as to any elements of the plan which appear to have
failed because of systemic or procedural flaws.
(3)
Arrange or recommend appropriate assessment and available services
to any pregnant woman if a substantiated report is received alleging
abuse of alcohol or controlled substance. Services offered may include,
but are not limited to, a referral for chemical dependency assessment,
a referral for chemical dependency treatment, if recommended, and
a referral for prenatal care. Protective services workers also may
seek Court-ordered services. Protective services workers will seek
Court-ordered treatment if the voluntary services are refused or fail
if the allegations of substance abuse are by a showing by preponderance
of the evidence that the woman is pregnant and abusing alcohol or
controlled substances.
D.
Unsubstantiated referrals. In cases in which a child abuse or neglect
report cannot be substantiated, or those in which informal intervention
seems most appropriate, the protective services worker may meet informally
with all interested parties to discuss concerns and remedies with
the intent of preventing further intervention.
E.
Central registry of reports.
(1)
Maintain a central registry of reports, investigations and evaluations
made under this code.
(2)
The registry will contain all information regarding suspected child
abuse or neglect of any child under NHBP jurisdiction.
(3)
Information will be preserved in the central registry until the child
reaches eighteen (18) years of age, unless the Court orders the child's
records to be preserved for a longer period of time to assist with
the protection of other siblings or for other purposes.
(4)
Information maintained in the central registry will be confidential and may be disclosed only to tribal, state, and federal agencies who demonstrate a need for such information for child protection and child welfare purposes. A request for the release of information must be submitted in writing, and such request and its approval will be made a part of the child's file. (See Article V of this code.)
F.
Cooperation of law enforcement officials. Law enforcement officials
will fully cooperate with protective services worker(s) and the Department
in conducting investigations pursuant to this section. Law enforcement
will be responsible for identifying and securing evidence and maintaining
police procedures and the chain of custody for such evidence.
A.
Duty to inform.
(1)
No legal authority. Before offering informal, preventative protective
services to a family, a child protection worker will inform the family
that he/she has no legal authority to compel the family to accept
such services.
(2)
If family declines. If a family declines informal intervention services,
the child protection worker(s) may request authorization from the
presenting officer to initiate a protected child determination petition
in Court if evidence warrants such action. If evidence remains insufficient
to substantiate abuse or neglect the case will be closed.
