The Court may assume jurisdiction, upon a showing by a preponderance
of the evidence, over a NHBP tribal member or other federally recognized
tribal woman who is or has been abusing alcohol or controlled substances
during her pregnancy in the best interest of the child.
Upon assuming jurisdiction, the Court may enter orders requiring
a pregnant woman to cease and desist any substance abuse, submit to
reasonable measures to assure her nonuse, and to engage in community-based
or inpatient treatment programs and prenatal care. Such court orders
may be enforced through the Court's civil contempt powers.
Information made available pursuant to a court order regarding
a woman's drug/substance use during pregnancy may not be used
in a criminal prosecution against the woman.
