The purpose of this Children's Code is to protect the children
in the Menominee Tribal community. All departments, employees, volunteers
and agents of the Tribe shall, first and foremost, strive to protect
children and to create systems and structures that preserve opportunities
for children to learn about their unique culture and heritage and
to become productive members of the Menominee Tribal community. The
Children's Code is a family-centered approach that places family as
the primary source for understanding the needs and challenges of the
child, with the belief that the child is best served in the context
of families and that families are best served in the context of their
community. Working with families to keep the child in the home or
with relative care whenever safe and possible is best practice for
child welfare, the family, and the community. The Menominee Tribe
Children's Code shall be liberally interpreted and construed to fulfill
the following purposes:
A.
To recognize and reaffirm the duty of a parent and/or guardian to
provide for the safety, welfare, and guidance of their children;
B.
To preserve and restore the harmony and unity of the family by ensuring
access to the mental and physical care and protection of the children
and families which come within the jurisdiction of the Menominee Tribe;
C.
To protect children by taking actions and offering programs as may
be proper and necessary to prevent delinquency, incorrigibility, truancy,
neglect and abuse;
D.
To achieve the purposes of the Menominee Tribe Children's Code in
a family environment whenever possible, separating the child from
parents and extended family only when necessary for the child's welfare
or safety, or in the interest of public safety;
E.
To facilitate the participation of children and family members into
appropriate culturally relevant treatment, rehabilitation and aftercare;
F.
To seek out culturally appropriate methods for prevention, intervention
and treatment of family disharmony;
G.
To ensure fundamental fairness consistent with the Children's Code,
the Constitution and Bylaws of the Menominee Indian Tribe, the Menominee
Tribe's Bill of Rights and other statutory provisions for every individual
who comes within the jurisdiction of the Menominee Tribal Courts;
H.
To facilitate the purposes of the Menominee Tribe Children's Code
through coordination, collaboration, and networking with other governments,
agencies, and entities responsible for carrying out provisions of
this chapter;
I.
To provide consistent, trauma-informed response through the Menominee
Tribe Children's Code by the Menominee Police Department, Menominee
Tribal Prosecutors, Menominee Family Services Department and the Menominee
Tribal Court;
J.
To provide and clarify the roles, responsibilities, and duties for
all departments and agencies providing help and services to our families.
The Menominee Tribal Police Department, Crime Victims Program, Menominee
Tribal Prosecutor's Office, Menominee Tribal Court, Menominee Tribal
Clinic, Maehnowesekiyah, Menominee Tribal Family Services, local schools,
and any other agencies involved with families under the jurisdiction
of this chapter shall all cooperate with each other to ensure through
the best efforts possible that families maintain their rights and
receive the services and help outlined in this chapter;
K.
To preserve and restore the harmony and unity of the family by providing
for the safety, well-being and protection of children and families,
which come within the jurisdiction of the Menominee Tribe pursuant
to this chapter and established policies and procedures;
L.
Every child is a gift from the Creator and is crucial to the future
of the Tribe as a whole. Valuing and protecting children is essential
to our belief system. It ensures the future of the Tribe and our ability
to continue as a viable cultural entity; and
M.
To protect the fundamental liberty interest that parents have in
the care and custody of their children.
The Court may accept or decline State or Tribal Court transfers
of child custody proceedings; however, it shall be the policy of the
Menominee Tribe that, absent good cause, child custody proceedings
involving Menominee children should be heard in the Menominee Tribal
Courts.
A.
The Court shall have exclusive jurisdiction over all matters that
are contained in this chapter. If a child resides or is domiciled
within the exterior boundaries of the Menominee Indian Reservation
or the child is a ward of the Court, then the Tribe has exclusive
jurisdiction over the child and their family.
B.
The Court shall have exclusive jurisdiction over Indian children
and families and all proceedings under this chapter, including but
not limited to the following:
[Amended 5-20-2021 by Ord. No. 21-42]
(1)
Proceedings in which a child is alleged to be a child in need of
protection and services, a juvenile in need of protection and services,
or a delinquent child;
(2)
Proceedings in which an unborn child is alleged to be in need of
protection or services which can be ordered by the Court whose expectant
mother habitually lacks self-control in the use of alcohol beverages,
controlled substances or controlled substance analogs, exhibited to
a severe degree, to the extent that there is a substantial risk that
the physical health of the unborn child, and of the child when born,
will be seriously affected or endangered unless the expectant mother
receives prompt and adequate treatment for that habitual lack of self-control.
The Court also has exclusive jurisdiction over the expectant mother
of an unborn child described in this section;
(3)
Determining physical and/or legal custody of, or to appoint a caretaker
or guardian for a child;
(4)
The termination of parental rights;
(5)
The adoption of a child;
(6)
The commitment of a mentally ill or mentally disabled child;
(7)
The emancipation of a child;
(8)
Parent(s), guardian(s), or caretaker(s) of the child;
(9)
Adults who reside in the child's home or who have contributed to encouraged, or tended to cause, by act or omission, a condition of a child described in § 278-193O;
(10)
Minor-aged siblings of the child, and other children who may
reside or have significant contact with the child at the children(s)
residence(s).
C.
Personal jurisdiction. The Court shall have personal jurisdiction
for all matters in the chapter over the following individuals:
[Added 5-20-2021 by Ord.
No. 21-42]
(1)
Jurisdiction over a Menominee child. The Court shall have personal
jurisdiction over any child who is present, resides, or is domiciled
within the boundaries of the Menominee Indian Reservation and is an
enrolled member, eligible for enrollment, or a descendant of the Menominee
Indian Tribe of Wisconsin.
(2)
Jurisdiction over a non-Menominee Indian child. The Court shall have
personal jurisdiction over any child who is present, resides, or is
domiciled within the boundaries of the Menominee Indian Reservation
who is an enrolled member of another tribe, or who is eligible for
enrollment in another tribe and at least one parent is an enrolled
member of that tribe.
(3)
The Court shall have personal jurisdiction over any child who is
present, resides, or is domiciled within the boundaries of the Menominee
Indian Reservation and is a sibling of a child that is an Indian child.
(4)
Jurisdiction by consent. Consent to the jurisdiction of the Court
can be given by any of the following:
(a)
The parent(s), guardian, or legal custodian knowingly and voluntarily
provides the Court with written consent to the jurisdiction of the
Court; or
(b)
The Court establishes on the record that the parent(s), guardian,
or legal custodian knowingly and voluntarily provides the Court with
verbal consent to the jurisdiction of the Court.
(5)
The Court may decline jurisdiction in appropriate circumstances where
a forum with concurrent jurisdiction is exercising its authority.
D.
Territorial jurisdiction.
(1)
The Court may hear all matters under this chapter involving all Indian
children residing within the exterior boundaries of the Menominee
Indian Reservation or acts committed within the exterior boundaries
of the Menominee Indian Reservation.
(2)
The Court may hear all matters under this chapter involving any child
residing or domiciled within the exterior boundaries of the Menominee
Indian Reservation.
(3)
The Court may decline jurisdiction in appropriate circumstances where
a forum with concurrent jurisdiction is exercising its authority.
E.
The Court shall have continuing jurisdiction over a child who is
determined to be subject to this chapter and shall have the power
to modify, extend, or dismiss previous orders, or consider petitions
based upon new evidence concerning the child.
F.
Jurisdiction obtained by the Court over a child is retained until
terminated by any of the following situations:
G.
Whenever an order rendered under this chapter conflicts with a custody
order, physical placement order, or other family Court order rendered
by a Court, the order under this chapter shall take precedence.
H.
An order accepting or denying jurisdiction is a final order for purpose
of appeal.
A.
Venue for proceedings under this chapter shall be determined by the
residence or domicile of the child or the jurisdiction where the alleged
act occurred. Venue exists concurrently in the State Courts and other
tribal Courts for Menominee children who reside outside the Menominee
Indian Reservation.
B.
Where the residence of the child and the location of the alleged
act are in different jurisdictions, initiating proceedings in one
jurisdiction shall bar subsequent filing of proceedings in other jurisdictions
for that alleged act unless a transfer of jurisdiction has been ordered.
A.
Any medical provider, child care provider, school personnel, law
enforcement official, or social worker, acting in his or her official
capacity, or any appointed or elected officials, having a reason to
believe that any abuse or neglect has been inflicted upon a child
shall, report the matter immediately to a law enforcement official
or the Department.
B.
Any other person having reason to believe that a child has been subjected
to serious injury or injuries have been inflicted upon the child as
a result of abuse or neglect shall report the matter immediately to
a law enforcement official or the Department.
C.
A layperson who provides a report of abuse or neglect or other allegations
that the child is in need of protection or services may at his/her
discretion remain anonymous.
D.
Any person failing, neglecting or refusing to report a suspected
case of child abuse or neglect pursuant to this section may be subject
to civil citation, including, but not limited to, a penalty not to
exceed $500.
A.
The Department shall:
(1)
Help build healthy families using a trauma-responsive approach and
holistic services to meet the self-identified needs of Indian families.
(2)
Receive from any source oral or written information regarding alleged
abused or neglected children and, when appropriate, arrange for temporary
out-of-home placement for such children on a twenty-four-hour basis.
(3)
Upon receipt of an initial report or information alleging abused
or neglected children:
(a)
Notify and coordinate with law enforcement throughout the investigation
when criminal referrals are made;
(b)
Conduct a thorough screening and investigation that shall include
a determination of 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.
(4)
Take a child into temporary protective custody if there are reasonable
grounds to believe that the child is suffering from illness or injury
or is in immediate danger from his/her surroundings and that his/her
removal is necessary.
(5)
The Department shall cooperate with the law enforcement when it is
necessary to remove a child from the custody of his/her parent(s),
guardian(s), or caretaker(s).
(6)
During the investigation, evaluate and assess the home environment
of the child or children in the same home and the risk to such children
if they continue to be subjected to the existing home environment,
and all other facts or matters found to be pertinent. The Department
shall determine whether any of such children is a child in need of
protective services.
(7)
Make reasonable and active efforts, to prevent the need for removal
of the child from the family, and offer culturally competent services
to the family of any child determined to be a child in need of protective
services.
(8)
If the Department in its assessment finds that Court intervention
is warranted, it shall refer the matter to the Prosecutor.
B.
The Department may cooperate with such state and community agencies
as are necessary to achieve the purposes of this chapter. The Department
may negotiate working agreements with other jurisdictions, subject
to ratification by the Menominee Tribal Legislature.
C.
Administrative rules and policies shall be promulgated to carry out
the objectives and provisions of this chapter and the responsibilities
of the Department.
D.
The Department shall maintain records in accordance with their record
retention policy.
Law enforcement shall:
A.
Investigate a child in need of protection and services, a juvenile
in need of protection and services and delinquency reported or referred
to it by any individual or agency regarding all matters under this
chapter, pursuant to established protocols, including identified time
lines.
B.
Be available 24 hours a day, seven days a week, to respond to and
investigate reports of alleged children in need of protection and
services and juveniles in need of protection and services and delinquency.
Law enforcement shall immediately consult with the Department regarding
the report if an emergency placement is necessary.
C.
Upon the report of alleged abuse and/or neglect, law enforcement
shall immediately notify and coordinate with the Department throughout
the investigation.
D.
When conflicts of jurisdictional issues occur, the law enforcement
officer will notify the Department by telephone and follow up with
a copy of the report.
E.
Determination of priority for action shall be a joint decision of
the responsible agencies and/or investigators through the exercise
of their professional judgment.
(1)
Response is determined by the apparent potential risk of harm to
the child. Priority assessments will be determined on a case-by-case
basis.
(2)
The law enforcement officer can request the assistance of the Department.
(3)
Law enforcement will assist as appropriate and as availability allows
in situations where the child/children is/are in no immediate danger
or where child safety is assured.
F.
If, upon investigation, law enforcement determines that a crime also
has concurrent federal jurisdiction, they shall contact the Federal
Bureau of Investigation. If law enforcement officials determine that
criminal action has occurred, they shall refer the case to the Prosecutor
for prosecution.
G.
Administrative rules and policies shall be promulgated to carry out
the objectives and provisions of this chapter and the responsibilities
of law enforcement.
The Prosecutor shall:
A.
Represent the Menominee Tribe in all proceedings under this chapter.
Represent the interest of the public in all proceedings under this
chapter.
[Amended 5-20-2021 by Ord. No. 21-42]
B.
Diligently work to promptly review referrals/cases with the health
of the family in mind.
C.
Work with the Department and law enforcement.
D.
Consult with the Department when proceedings are initiated pursuant
to Child in Need of Protection and Services proceedings of this chapter,
herein, to ensure that the best interests of the child are served.
E.
When proceedings are initiated pursuant to Child in Need of Protection
and Services, Juvenile in Need of Protection and Services, or Delinquency
Proceedings of this chapter, the Prosecutor shall consider and dispose
of the proceeding in a way that restores balance to the child, their
family, and his/her surroundings.
F.
Administrative rules and policies shall be promulgated to carry out
the objectives and provisions of this chapter and the responsibility
of the Prosecutor.
G.
Maintain a case record system; include in annual report aggregate
numbers, including declinations, dismissals, etc.
H.
Submit, at a minimum, two reports each fiscal year to the Tribal
Chairperson that minimally includes aggregate case numbers, service
referrals, Court referrals, declinations, and dismissals.
I.
Make available upon request all copies of law enforcement officer
reports, including witness statements, to counsel or guardian ad litem
for any party and to the court-appointed special advocate prior to
a plea hearing. The identity of a confidential informant may be withheld.
[Added 5-20-2021 by Ord.
No. 21-42]
A.
The Court shall establish by rule the appointment guidelines, additional
qualifications, and compensation for guardians ad litem ("GAL"), defense
counsel, special advocates or other appointed persons.
[Amended 5-20-2021 by Ord. No. 21-42]
B.
The Court may appoint defense counsel, guardians ad litem or other
counsel at its own discretion when it determines it is in the best
interest of the child.
C.
Guardian ad litem.
[Added 5-20-2021 by Ord.
No. 21-42]
(1)
A guardian ad litem may be certified by the Court if he or she has
completed guardian ad litem training or training requirements provided
by the Court.
(2)
The court may recognize a guardian ad litem as certified if he or
she has completed guardian ad litem training provided by another Indian
tribe, or a state, or is recognized as a certified guardian ad litem
by another jurisdiction.
(3)
Guardian ad litem duties and responsibilities:
(a)
The guardian ad litem shall be an advocate for the best interests
of the person or unborn child for whom the appointment is made.
(b)
The guardian ad litem shall function independently, in the same
manner as an attorney for a party to the action, and shall consider,
but shall not be bound by, the wishes of that person or the positions
of others as to the best interests of that person or unborn child.
(c)
If the guardian ad litem determines that the best interests
of the person are substantially inconsistent with wishes of that person,
the guardian ad litem shall so inform the Court and the Court may
appoint counsel to represent that person. The guardian ad litem has
not the rights or duties of a general guardian.
(4)
In any matter involving a child found to be in need of protection
and services, the guardian ad litem may, if reappointed or if the
appointment is continued, do any of the following:
(a)
Participate in permanency planning.
(b)
Petition for change in placement.
(c)
Petition for termination of parental rights.
(d)
Petition for modification or extension of dispositional order.
(e)
Petition for a temporary restraining order or injunction.
(f)
Petition for relief from a judgment terminating parental rights.
(g)
Petition for an appointment of guardian, revision of guardianship
order, or removal of guardian.
(h)
Bring an action or motion for the determination of the child's
paternity.
(i)
Perform any other duties consistent with this chapter.
(5)
In any matter involving a contested suspension or termination of
parental rights, a guardian ad litem shall:
(a)
Provide information to the Court relating to the parent's
competency to participate in the proceeding.
(b)
Provide assistance to the Court and the parent's adversary
counsel in protecting the parent's right in the proceeding.
(c)
The guardian ad litem may not participate in the proceeding
as a party, and may not call witnesses, provide opening statements
or closing arguments, or participate in any activity at trial that
is required to be performed by the parent's adversary counsel.
(6)
Termination and extension of appointment.
(a)
The appointment terminates upon the entry of the Court's
final order or upon the termination of any appeal in which the guardian
ad litem participates;
(b)
The guardian ad litem may appeal, may participate in an appeal
or may do neither. If an appeal is taken by any party and the guardian
ad litem chooses not to participate in that appeal, he or she shall
file with the appellate court a statement of reasons for not participating.
[1]
Irrespective of the guardian ad litem's decision not to
participate in an appeal, the appellate court may order the guardian
ad litem to participate in the appeal.
(7)
At any time, the guardian ad litem, any party or the person from
whom the appointment is made may request in writing or on the record
that the court extend or terminate the appointment or reappointment.
(8)
The Court may extend that appointment, or reappoint a guardian ad
litem appointed under this section, after the entry of the final order
or after the termination of the appeal, but the court shall specifically
state the scope of the responsibilities of the guardian ad litem during
the period of that extension or reappointment.
(9)
Primary duties include:
(a)
Investigations, home visits, monitoring and making reports to
the Tribal Court.
(b)
Submit written reports and may testify, make findings and recommendations
as to the best course of action to be taken in the interest of children/Indian
children.
(c)
Expected to work closely with families in securing their trust
that the tribal justice system will be fair in determining the child's
best interest.
(d)
Close collaboration with service providers and agencies and
appreciation of tribal culture and traditions are required.
(e)
Open and organize files.
(f)
Investigate facts by conducting interview(s), home visits, and
reviewing a prior court action/reports.
(g)
Submit professional written reports with recommendations to
Tribal Court prior to Court hearings.
(h)
Give in-court testimony concerning findings and recommendations.
(i)
Monitor progress of child and family after court issues disposition
orders.
(j)
Maintain contact with child and family until case is closed.
(k)
Bring significant changes to the Court's attention.
(l)
Provide a written report to the Court regarding the best interests
of the child, including conclusions and recommendations and the facts
upon which they are based.
(10)
Guardian ad litem training.
(a)
The Court shall set and monitor the guardian ad litem training.
Training required under Wisconsin Supreme Court Rule 35.01 shall be
recognized.
(b)
Requirements to meet with and interview the child(ren) shall
not only be a brief meeting right before court.
(c)
Talking directly to parents, foster parents, and other individuals
involved in the case to obtain an independent opinion about what is
in the child's best interest should be based solely on conversations
with caseworker or the caseworker's written report.
D.
The Court may appoint a special advocate under a Court-approved special
advocate program to promote the best interest of the child. Such an
advocate does not become party to the proceedings and may not make
motions or call or cross-examine witnesses. Any designation of special
advocate terminates when the jurisdiction of the Court over the child
terminates unless the special advocate is discharged by Court order
sooner.
E.
If parent(s) are not already represented, the Court shall appoint
counsel to parent(s) of a child who will be permanently removed from
the parent(s) home, when the Court becomes aware that the child will
be permanently removed from the parent(s) home in termination of parental
rights, suspension of parental rights and permanent guardianship proceedings.
F.
The Court shall appoint counsel to a child in all matters where the
child is the petitioning party.
A.
Right to appeal.
(1)
Any party to any proceedings conducted pursuant to the provisions
of this title may appeal from:
(a)
Any final order of the Court, including, but not limited to,
all disposition orders; and a finding that the child committed a delinquent
act, is a child in need of protection and services or a juvenile in
need of protection and services; or
(b)
Any final order of the Court for guardianship where the Tribe
is not a petitioning party to the proceeding; or
(c)
Any final order of the Court of involuntary suspension or termination
of parental rights.
(2)
The Tribe shall not be permitted to appeal an order dismissing a
delinquency petition where the delinquency petition was not proved
beyond a reasonable doubt.
B.
Rules in appellate proceedings.
(1)
Appeals from the Court shall be conducted in accordance with the
appellate rules governing appeals from the Court, to the extent that:
C.
Time limit for appeal. Written notice of the appeal shall be filed
within 14 business days after the signing and filing of the written
final order and findings of the Court.
D.
Record of proceedings.
(1)
Within three business days of the filing of the notice of appeal,
a record of the proceedings, excluding a transcript, shall be made
available to the child, the child's parent, guardian or caretaker,
and counsel for the child.
(2)
The transcript of the proceeding(s) shall be provided by the Court
and the costs of any transcription services shall be payable by the
party seeking the appeal according to the rules established by the
Court.
E.
Stay on appeal. The Court shall stay any order from which a party
has filed written notice of appeal, unless the Court finds, after
consideration of any reasonable alternatives, that enforcement of
the order is necessary to avert a substantial risk to the health,
welfare, person, or property of the child or others.
A.
Court records.
(1)
A record of all hearings under this chapter shall be made and preserved.
(2)
All Court records included within this section shall be kept in a
secure place and shall be released only pursuant to procedures developed
by the Chief Justice of the Court. No other release of information
shall be permitted without an order of the Court.
(3)
All records of the child shall be sealed and, excepting adoption
records, may be destroyed by order of the Court absent good cause
not to do so. The Court shall notify the Department of its intent
to destroy records, and the Department shall notify the Court of its
objections, if any.
(4)
All records and files pertaining to any proceedings conducted pursuant
to the provisions of this chapter, including, but not limited to,
law enforcement records and Court files, shall be expunged when the
child reaches 25 years of age.
(5)
No further inspection or use of any record or file to be expunged
shall be permitted.
B.
Confidentiality of records. All Court records, files, documents,
and other related information associated with a proceeding under this
chapter, including, but not limited to: the acknowledgment that a
case is before the Court; the release of any identifying information
(i.e., the names of children, families, or witnesses involved in proceedings);
and the substance of the hearing, order, or Court file, are confidential
and are not accessible for public inspection except as follows:
(1)
By a law enforcement agency or the Department for the purpose of
subsequent investigation of child abuse or neglect;
(2)
By Court personnel;
(3)
By Court-approved persons who have been allowed by the Court to intervene
and have been granted certain rights;
(4)
By prior specific judicial authorization;
(5)
By judicial order; or
(6)
As specifically authorized by other provisions contained in this
chapter.
C.
Social, medical, dental psychiatric and psychological, or other profession
examination records of the Court concerning a child and produced or
recorded by requirement or authority contained in this chapter, including
reports of preliminary inquiries, predisposition studies shall be
open to inspection only by the following:
(1)
The judge, the Department, Prosecutor, guardian ad litem, defense
counsel, and Court personnel;
(2)
Representatives of any agency providing supervision and/or having
legal custody of the child;
(3)
Any other person, by order of the Court, having a legitimate interest
in the particular case or the work of the Court.
D.
All or any part of records or information secured from records listed in Subsection C or all reports or other documents filed or when presented to the Court in a proceeding under this chapter shall be made available to the parties to the proceedings and their counsel unless the records are privileged or the records contain statements given under promise of confidentiality as required by law or contain material which is necessary to protect the interest of the child.
(1)
The parties shall have a right to timely examine these records.
(2)
The Court may refuse to disclose the identity of informants only
after finding that such disclosure will place the informant in danger
or that disclosure would not be in the child's best interests.
(3)
The Court may require counsel or parties not to disclose material
contained in the records to any person if the Court reasonably believes
such disclosure would be harmful to the child.
(4)
If release is required by federal law, the records shall be released.
E.
If records are not released to a requesting party, the reason shall
be given to the party, who may ask the Court to review the denial
of the request, in which case the Court may view the records in camera
in order to decide whether to order the records be open to inspection.
F.
Closed Courtroom. Hearings and proceedings under this chapter shall
be private and closed. Only those persons the Court determines to
have a legitimate interest in the proceedings may be present.
G.
Contempt of Court. No Court records or other confidential information
shall be viewed or disseminated except as provided herein. Any person
who receives or views documents or other information pursuant to this
provision shall maintain the confidentiality of such information.
Failure to abide by this restriction shall constitute contempt of
Court.
H.
Notice by publication. In accordance with this section, when providing
service by publication, the names of the children in the matter shall
not be disclosed. Only the child's initials shall be published.
I.
This section does not apply to the confidential exchange of information
between law enforcement, the Department, Prosecutor's office, another
social service agency, a health care provider, public or private school
regarding a person in the care or custody of the Department.
(1)
The Department or other social service agency shall keep the information
confidential as required by applicable law, administrative rule, policy
or procedure.
(2)
Law enforcement that obtains information pursuant to this chapter
shall keep the information confidential as required by applicable
law, administrative rule, policy or procedure.
(3)
Health-care provider that obtains information pursuant to this chapter
shall keep the information confidential as required by applicable
law, administrative rule, policy or procedure.
(4)
Tribal, public, and private schools that obtain information pursuant
to this chapter shall keep the information confidential as required
by applicable law, administrative rule, policy or procedure.
J.
This section does not prohibit:
(1)
The Department or Tribe from entering the content of any record kept
or information received by the Department or licensed child welfare
agency into a child welfare information system or the Department from
transferring any information maintained in that system to the Court
(2)
The Department from disclosing information to a relative of a child
placed outside of his or her home only to the extent necessary to
facilitate the establishment of a relationship between the child and
the relative or a placement of the child with the relative or other
placement preference.
(3)
The disclosing information to any public or private agency that is
investigating a person for purposes of licensing the person to operate
a foster home, placing a child for adoption in the home of the persons,
or being credentialed in a filed requiring that the person has not
been adjudicated to have abused, neglected, or maltreated a child.
A.
If, after due notice to the parent(s) or other person(s) legally
obligated to care for and support the child, and after a hearing,
the Court finds that such person(s) is financially able to pay all
or part of the Court costs, fees and expenses of this chapter, the
Court shall order them to pay the costs and expenses and may prescribe
the manner of payment.
B.
Whenever custody of a child in need of protection and services or
a juvenile in need of protection and services is vested in someone
other than the child's parent(s), the Court, after notice to the parent(s)
or other person(s) legally obligated to support the child and after
a hearing and a finding that they are financially able to afford all
or part of the costs and expenses of the support and treatment, may
order such parent(s) or other legally obligated person(s) to pay to
the Court for remittance to the custodian in the matter a reasonable
sum that will cover all or part of the expenses of the support and
treatment of the child.
C.
If the parent or other legally obligated person willfully fails or
refuses to pay the sum ordered, the Court may proceed with contempt
charges. An order for payment may be filed and, if filed, shall have
the effect of a civil judgment.
A.
In any involuntary proceeding involving the out-of-home care placement
of, suspension or termination of parental rights to, or delegation
of powers regarding, a child whom the Court knows or has reason to
know is an Indian child other than a Menominee child, the party seeking
the out-of-home care placement, termination of parental rights, or
delegation of powers shall, for the first hearing of the proceeding,
notify the Indian child's parent, Indian custodian, and Tribe, by
registered mail, return receipt requested, of the pending proceeding
and of their right to intervene in the proceeding and shall file the
return receipt with the Court.
B.
Notice of subsequent hearings in a proceeding shall be in writing
and may be given by mail, personal delivery, or facsimile transmission,
but not by electronic mail by the Court.
C.
If the identity or location of the Indian child's parent, Indian
custodian, or Tribe cannot be determined, that notice shall be given
to the U.S. Secretary of the Interior in like manner. The first hearing
in the proceeding may not be held until at least 10 days after receipt
of the notice by the parent, Indian custodian, and Tribe or until
at least 15 days after receipt of the notice by the U.S. Secretary
of the Interior.
D.
On request of the parent, Indian custodian, or Tribe, the Court shall
grant a continuance of up to 20 additional days to enable the requester
to prepare for that hearing.
E.
In emergency removals and/or where the child is in protective custody,
the Department shall attempt to the best of their ability to provide
notice of hearing and removal and relevant documentation to the Indian
Child's tribe, but it shall not be required.
A.
In all proceedings conducted pursuant to the provisions of this chapter,
the parties shall have the right to due process, including:
(1)
The right to adequate notice of all proceedings, and the opportunity
to be heard before an unbiased finder of fact; adequate notice shall
be the notice required for the proceeding occurring pursuant to this
chapter;
(2)
The right to discovery;
(3)
The right to testify, the right to subpoena witnesses, and the right
to introduce evidence on the party's own behalf;
(4)
The right to cross-examine witnesses, except in such cases as the
provisions of this title expressly permit the use of hearsay testimony;
and
(5)
The right to findings which are based solely upon evidence properly
admitted in hearings before the Court.
A.
Every child coming within jurisdiction of the Court shall be accorded
and advised of the privilege against self-incrimination, and the child's
exercise of the privilege shall not be used against the child in any
proceedings conducted pursuant to the provisions of this chapter.
B.
No statement, admission or confession made by, nor incriminating
information obtained from, a child in the course of any screening,
assessment, evaluation, or treatment undertaken in conjunction with
proceedings under this chapter, including, but not limited to, that
which is Court-ordered, shall be admitted into evidence in any proceedings
before the Court.
A.
A child shall not be fingerprinted or photographed, nor have any
tissue sample taken, for purposes of identification in connection
with any matter coming within the provisions of this chapter, except
by written order of the Court.
B.
Fingerprints, photographs or tissue samples taken pursuant to a written
order of the Court shall be used only as specified in the written
order.
A.
After the filing of a petition, any party may file a motion, including
the Court on its own motion, requesting a physical, psychological,
mental, or developmental examination or an alcohol and other drug
abuse assessment.
B.
The Court may order an examination upon the Court finding that reasonable
cause exists to warrant such an examination.
C.
The Court may order any child coming within its jurisdiction to be
examined as an outpatient by personnel in an approved treatment facility
for alcohol and other drug abuse, by a physician, psychiatrist or
licensed psychologist, or by another expert appointed by the Court
holding at least a master's degree in social work or another related
field of child development, in order that the child's physical, psychological,
alcohol or other drug dependency, mental, or developmental condition
may be considered.
D.
The cost of the examination will be borne by the moving party through
its own resources.
A.
Parental responsibilities.
(1)
The parent, guardian or caretaker of any child coming within the
jurisdiction of the Court under the provisions of this chapter shall
have the following responsibilities:
(a)
To attend all Court hearings involving the child, or to show
cause before the Court why they should be excused from any hearing
they are unable to attend;
(b)
To bring the child before the Court when so ordered; and
(c)
To monitor the child's compliance with all orders entered or
conditions imposed by the Court, and to make all reasonable efforts
to ensure that the child complies with such orders or conditions.
(2)
Where the parental responsibility imposed conflicts with the work
schedule of the child's parent, guardian, or caretaker, or would otherwise
cause undue hardship for the child's parent, guardian, caretaker or
family, the Court:
(a)
Shall, whenever possible, permit the child's parent, guardian
or caretaker to attend the hearing by phone, video conferencing technology,
or similar means; and
(b)
May consider the availability and practicability of such alternatives
in determining whether the child's parent, guardian or caretaker should
be excused from attending the hearing.
B.
Excuse from parental responsibilities.
(1)
The child's parent shall be excused from the responsibilities under
the parental responsibilities section if the child is under the care
and control of a guardian or caretaker as the result of a Court order.
(2)
The child's parent, guardian or caretaker may be excused from the
parental responsibilities imposed if it appears to the Court that
there may be a conflict of interest between the child and the child's
parent, guardian or caretaker.
(3)
A showing that the child's parent, guardian or caretaker has voluntarily
transferred physical custody of the child to another person shall
not excuse the child's parent, guardian or caretakers from the responsibilities
imposed under the parental responsibilities section.
C.
Parental noncompliance. Any parent, guardian or caretaker who fails
to comply with the requirements of parental responsibility may be
ordered to appear before the Court to show cause why they should not
be held in contempt.
A.
Scheduling. All hearings conducted pursuant to the provisions of
this chapter shall be scheduled, to the extent possible:
(1)
On a calendar or in a location separate from other hearings before
the Court;
(2)
So as to assign the highest priority to cases in which the child
is detained in a secure juvenile detention facility;
(3)
So as to accommodate the work schedule of the child's parent, guardian
or caretaker; and
(4)
Outside of school hours if specifically requested.
B.
Standards of proof.
(1)
In an adjudicatory hearing for Child in Need of Protection or Services
and Juvenile in Need of Protection or Services, the standard of proof
shall be clear and convincing evidence.
(2)
In a hearing to appoint a legal guardian or approve an adoption,
the standard of proof shall be clear and convincing evidence.
(3)
In a hearing in which a parent, guardian, or caretaker seeks return
of a child from a legal guardianship or permanent foster care, the
standard of proof shall be clear and convincing evidence.
(4)
In a hearing to determine whether a person is in contempt of Court,
the standard of proof shall be clear and convincing evidence.
(5)
In a hearing to revoke consent or release and surrender for adoption,
the standard of proof shall be clear and convincing evidence.
(6)
In a hearing to suspend or terminate parental rights, the standard
of proof shall be beyond a reasonable doubt.
(7)
In a hearing to determine whether to accept a transfer of jurisdiction,
the standard of proof shall be clear and convincing evidence.
(8)
In all other hearings, the standard of proof shall be a preponderance
of the evidence, unless stated otherwise in this chapter.
C.
Consolidation. Proceedings involving two or more children may be
consolidated when the factual basis for jurisdiction is the same or
similar, or for the convenience of all parties. Separate dispositional
and review hearings may be held, if it is reasonable to do so.
D.
Grounds for supplemental petition. Once a child or juvenile has been
found to be in need of protection or services, and placed in the legal
custody of the Department, the Prosecutor may subsequently file a
supplemental petition alleging new charges bases on current circumstances,
which, if true, will substantially change the nature of case planning.
If the alleged changes are serious, the parent under a Child In Need
of Protection and Services petition or juvenile under a Juvenile In
Need of Protection and Services shall have a due process right to
an evidentiary hearing on the new allegations. In such cases, all
requirements shall be followed as though an original petition is being
filed.
E.
Testimony of child. The Court, upon its own motion, or upon motion
of any party, may take testimony from any child appearing as a witness
and may exclude the child's parent(s) and other persons if the Court
finds such action would be likely to be in the best interests of the
child.
F.
Paternity.
[Added 5-20-2021 by Ord.
No. 21-42]
(1)
If a man who has been given notice under this chapter, or appears
as a party at any hearings for which he received notice, alleges that
he is the father of the child, and states that he wishes to establish
the paternity of the child, all of the following apply:
(a)
The court shall refer the matter to Menominee Tribal Child Support
Agency and the Court shall give priority to a paternity action brought
as a referral under this chapter.
(b)
The Court may stay the proceedings under this chapter pending
the outcome of the paternity proceedings, if the Court determines
that the paternity proceedings will not unduly delay the proceedings
under this chapter and the determination of paternity is necessary
to the Court's disposition.
(c)
Acknowledged fathers shall be treated as legal fathers unless
or until they state to the Court their belief that they are not the
father and wish to establish paternity.
G.
Civil rules of procedure. The Menominee Tribal Court Civil Rules
of Procedure shall apply unless other procedures are provided within
this chapter.
[Added 5-20-2021 by Ord.
No. 21-42]
H.
Contempt; general.
[Added 5-20-2021 by Ord.
No. 21-42]
(1)
Any person who fails to obey a court order or subpoena may be cited
by the Court to appear and show cause why s/he should not be held
in contempt of court. If the Court finds contempt of court, the person
may be subject to appropriate sanctions.
(2)
If an intervener violates confidentiality, then a hearing shall be
set to determine whether that status should be revoked and sanctions
imposed.
I.
Discovery.
[Added 5-20-2021 by Ord.
No. 21-42]
(1)
Copies of all law enforcement reports, including witness statements,
shall be made available upon request to counsel or guardian ad litem
for any party and to Court-appointed special advocate for the child
prior to a plea hearing. Discovery request shall be made to the Tribal
Prosecutor's department.
(2)
All records relating to a child, or to an unborn child's expectant
mother, that are relevant to the subject matter of a proceeding under
this chapter shall be open to inspection by a guardian ad litem or
counsel for any party and to the inspection of a Court-appointed special
advocate for the child, upon demand and upon presentation of releases
when necessary, at least 48 hours before the proceeding. Persons entitled
to inspect the records may obtain copies of the records with the permission
of the custodian of the records or with permission of the Court.
(3)
The Court may instruct counsel, a guardian ad litem, or a Court-appointed
special advocate not to disclose specified items in the materials
to the child or the parent, or to the expectant mother, if the Court
reasonably believes that the disclosure would be harmful to the interests
of the child or unborn child.
(4)
Upon request, prior to the fact-finding hearing, the Tribal Prosecutor
shall disclose to the child, through his or her counsel or guardian
ad litem, or to the unborn child's guardian ad litem, the existence
of any audiovisual recording of an oral statement of a child that
is within the possession, custody, or control of the Tribe and shall
make reasonable arrangements for the requesting person to view the
statement. If, after compliance with this subsection, the Tribe obtains
possession, custody, or control of such a statement, the Tribal Prosecutor
shall promptly notify the requesting person of that fact and make
reasonable arrangements for the requesting person to view the statement.
A.
The following time periods are excluded in computing periods under
this chapter:
(1)
Any period of delay resulting from other legal actions concerning
the child or unborn child and the unborn child's expectant mother,
physical, psychological, mental, developmental assessment or hearing
relating to mental condition, prehearing motions, waiver motions and
hearings on other necessary matters.
(2)
Any period of delay resulting from the continuance granted at the
request of or with the consent of the child, the child or unborn child's
counsel or guardian ad litem.
(3)
Any period of delay resulting from a continuance granted at the request
of the Prosecutor, if the continuance is granted because of the unavailability
of evidence material to the case when he or she has exercised due
diligence to obtain the evidence and there are reasonable grounds
to believe that the evidence will be available at a later date, or
to allow additional time to prepare the case and additional time is
justified because of exceptional circumstances of the case.
(4)
Any period of delay resulting in the disqualification of the judge.
(5)
Any period of delay resulting from the imposition of a consent decree.
(6)
Any period of delay resulting from the absence or unavailability
of the child or expectant mother, including as a result the child
or child expectant mother having run away.
(7)
A reasonable period of delay, not to exceed 20 days, in a proceeding
involving out-of-home care placement or suspension or termination
of parental rights to a child whom the Court knows or has reason to
know is a non-Menominee Indian child, resulting from a request for
the child's parent, Indian custodian, or tribe to enable the requester
to prepare for the proceedings.
B.
Continuances, delays, or extensions may be granted for good cause
and only for so long as necessary, taking into account the request
or consent of the parties and the public interest in the prompt disposition
of cases. Court calendar and attorney scheduling conflicts may constitute
good cause.
C.
Court may grant sua sponte ("on its own motion") adjournment.
D.
Provisions for continuances apply to extension of orders but:
(1)
Petition for extension must be on file before expiration or order;
and
(2)
Court may not grant an extension after the expiration of a disposition
order, but the Court may schedule an extension hearing if the extension
request was filed before the termination of the order but the hearing
could not be scheduled before that date. Such hearing must be scheduled
within 20 days of the termination date of the disposition order.
F.
Failure by the Court or a party to act within any time period specified
in this chapter does not deprive the Court of personal or subject
matter jurisdiction or of competency to exercise that jurisdiction.
(1)
Failure to object to a period of delay or a continuance waives any
challenge to the Court's competency to act during the period of delay
or continuance.
(2)
If the Court or a party does not act within a time period specified
in this chapter, the Court, while ensuring the safety of the child,
may:
G.
No continuance or extension may be granted, and no period of delay
may be excluded in computing time requirement if the continuance,
delay, or extension would result in any of the following:
(1)
The Court making the initial necessary removal and welfare findings
beyond 60 days from the date the child was removed from the home.
(2)
The Court making the initial permanence findings more than 12 months
from the date the child was removed from the home or making any subsequent
permanence findings more than 12 months from the previous permanence
findings.
H.
Counting.
(1)
Days.
(a)
Unless otherwise designated, days mention in this chapter shall
be considered calendar days.
(b)
Calendar days include weekends, legal holidays and Court closings.
Except in computing calendar days, in any period that would otherwise
end on a Saturday, Sunday, legal holiday or Court closing will be
deemed to end on the next day that the Court is open and is not a
Saturday, Sunday, or legal holiday.
(c)
Business days do not include Saturday, Sunday, legal holidays,
or Court closings.
(2)
Hours. Unless otherwise designated, computing hours includes Saturday,
Sunday, legal holidays, and Court closings.
(3)
Holidays. Any reference to holidays includes legal holidays of the
Tribe and Court closings.
A.
Hearing notices.
(1)
Hearing notices on the petition shall be sent to the child's parent(s),
the Department, the legal custodian(s) and the caretaker(s) of the
child.
(2)
Hearing notices sent by certified mail to the parents shall be sufficient
verification that the notice is deemed complete.
(3)
For a final hearing on the petition, the hearing notice sent by certified
mail to the parents shall be sufficient verification that the notice
is deemed complete. Upon a proper showing by the petitioner that reasonable
efforts were made to notify the parents of the final hearing, the
final hearing may proceed and if failing to do so shall not be continued
more than once.
(4)
Service by publication shall follow the Menominee Tribal Court Rules
of Civil Procedure unless otherwise specified in this chapter.
B.
Waiver of service.
(1)
Service may be waived by any person by written stipulation or by
voluntary appearance before the Court.
(2)
The child may waive service only if the child has consulted with
counsel and the Court, after personally addressing the child and counsel
for the child, finds such waiver to be knowing, voluntary, and in
the child's best interests.
C.
Final orders and decrees. The Court shall make all reasonable efforts
to ensure that the interested parties receive notice of the final
decree or Court order.
[Amended 5-20-2021 by Ord. No. 21-42]
A.
In all proceedings conducted pursuant to the provisions of this chapter,
if the child or the child's parent, guardian or caretaker fails to
appear before the Court after being so ordered, the Department shall:
(1)
Promptly investigate the reasons for the failure to appear;
(2)
Where appropriate, provide the child and the child's parent, guardian
or caretaker with information and referrals to social, community,
or tribal services or resources which may be appropriate for addressing
factors contributing to the failure to appear; and
(3)
Make appropriate recommendations to the Court, in keeping with the
provisions of this chapter.
B.
If any person summoned fails without reasonable cause to appear,
he or she may be proceeded against for contempt of court.
C.
If the parties served fail to obey a summons or order of appearance,
a capias may be issued for the parent or guardian or for the child.
A.
Any child placed under this chapter shall be placed in the least
restrictive setting which most approximates a family and in which
the special needs, if any, may be met.
B.
The child shall also be placed within reasonable proximity to his
or her home, taking into account any special needs of the child.
C.
In any placement, a preference shall be given, in the absence of
good cause to the contrary, to a placement with:
[Amended 5-20-2021 by Ord. No. 21-42]
(1)
A member of the Indian child's immediate or extended family;
(2)
Like kin within the Indian child's tribe;
(3)
A member of the Indian child's tribe;
(4)
A descendent of the Indian child's tribe;
(5)
Like kin outside of the child's tribe;
(6)
A member of another federally recognized tribe;
(7)
A foster home licensed, approved, or specified by the Indian child's
tribe;
(8)
An Indian foster home licensed or approved by an authorized non-Indian
licensing authority;
(9)
An institution for children approved by an Indian tribe or operated
by an Indian organization which has a program suitable to meet the
Indian child's needs.
E.
If any party asserts that good cause not to follow the placement
preferences exists, the reasons for that belief or assertion must
be stated orally on the record or provided in writing to the parties
to the child-custody proceeding and the Court.
F.
The party seeking departure from the placement preferences should
bear the burden of proving by clear and convincing evidence that there
is "good cause" to depart from the placement preferences.
G.
A Court's determination of good cause to depart from the placement
preferences must be made on the record or in writing and should be
based on one or more of the following considerations:
(1)
The request of one or both of the Indian child's parents, if they
attest that they have reviewed the placement options, if any, that
comply with the order of preference;
(2)
The request of the child, if the child is of sufficient age and capacity
to understand the decision that is being made;
(3)
The presence of a sibling attachment that can be maintained only
through a particular placement;
(4)
The extraordinary physical, mental, or emotional needs of the Indian
child, such as specialized treatment services that may be unavailable
in the community where families who meet the placement preferences
live;
(5)
The unavailability of a suitable placement after a determination
by the Court that a diligent search was conducted to find suitable
placements meeting the preference criteria, but none has been located.
A.
Handcuffs, shackles, straitjackets, or similar restraints shall not
be used on a child during any Court proceedings and must be removed
prior to the child being brought into the Courtroom, unless the Court
finds that:
(1)
No less restrictive alternatives, such as the presence of law enforcement
officers, bailiffs or other Court personnel, will suffice; and
(2)
Such restraints are necessary to avert a substantial risk to the
health, welfare, person or property of the child or others or because
there is a substantial risk that the child may flee from the Courtroom.
B.
Prior to authorizing the use of restraints, the Court shall provide
the child an opportunity to be heard through counsel.
C.
Upon authorizing the use of restraints, the Court shall enter written
findings of fact in support of its decision.
D.
If the Court finds that restraints are necessary only because there
is a substantial risk that the child may flee from the Courtroom,
the Court may only authorize the use of leg restraints.
E.
Any restraints authorized by the Court shall allow the child sufficient
movement of his or her hands to read and handle documents and writings
necessary for the hearing.
F.
Under no circumstances shall a child be restrained to a stationary
object or another person.
A.
The Court shall:
(1)
Require all Court staff and practitioners before the Court to receive
training regarding the effects of trauma on children and their families;
(2)
Presume that all children, families and staff coming within the provisions
of this chapter have been impacted by trauma;
(3)
Strive to maintain a calm, secure and safe Court environment for
children and their families, witnesses, attorneys, Court staff, and
others appearing before or coming into contact with the Court;
(4)
Afford dignity and respect to all individuals appearing before or
coming into contact with the Court; and
(5)
Meet annually to evaluate its trauma-informed response and training.
B.
The department shall:
(1)
Require all Department staff and practitioners working with the Department
to receive training regarding the effects of trauma on children and
their families;
(2)
Presume that all children, families and staff coming within the provisions
of this chapter have been impacted by trauma;
(3)
Strive to maintain a calm, secure and safe environment for children
and their families, witnesses, attorneys, staff, and others working
with the Department;
(4)
Afford dignity and respect to all individuals appearing before or
coming into contact with the Department; and
(5)
Meet annually to evaluate its trauma-informed response and training.
A.
Provides a comprehensive, strength-based, youth- and family-driven
way of responding when children, youth, and families experience challenges.
The goal of Netāēnawemākanak services
is to ensure families re-assume primary responsibility, with guidance
from the Department, in regard to children's safety and well-being
to eliminate the need for Court intervention.
B.
Places the child or youth and family at the center of services and
support. The family's needs drive all of the work with support from
a team of professionals and natural supports.
C.
The young person and their family members work with a facilitator
to build their team, which can include the family's friends, people
from the wider community, and service providers.
D.
Families and their team members work together to put the plan into
action, monitor how well it is working, and change it as needed.
E.
Designed to address crisis concerns and keep an individual child
or adult in their home and community.
F.
While referrals are intended to eliminate the need for Court intervention,
referrals do not prevent any mandatory or discretionary action under
this chapter. Referrals do not preclude removal if reasonable grounds
exist to believe that the child is a child in need of protection and
services and removal is necessary. These referrals and family engagement
are voluntary unless they are ordered by the Court. For children,
juveniles, and families working under an informal disposition or consent
decree, the referral is still voluntary but failing to work with Netāēnawemākanak may result
in the termination of the informal disposition or consent decree and
lead to Court-ordered services.
G.
The Department is required to refer every reported and substantiated
case of child abuse, neglect or substantiated cases where the child
is determined to need protection and services to Netāēnawemākanak services.
H.
The Department may refer families to Netāēnawemākanak services for:
I.
Concerned family members and professionals and other Tribal Departments
may refer any matter concerning a child's welfare or well-being to
Netāēnawemākanak services.
J.
A Court may refer a matter to Netāēnawemākanak services at any time after a petition is filed.
A.
A parent can have his/her child placed voluntarily out-of-home by
making such a request to the Department.
B.
Such placement shall be by written agreement between the Department,
the parent(s) and any proposed temporary placement. The agreement
shall be filed with the Court for docketing and recognition.
C.
The voluntary placement agreement shall specify at a minimum the
legal status of the child and the rights and obligations of the parent(s)
and/or guardian(s), the child and the Department while the child is
in placement. Such status and obligations are as follows:
(1)
The child is in the temporary custody of the Department and the parent(s)
has authorized the Department to obtain any needed emergency medical
care or make decisions on other basic needs for the child, and temporary
placement with a party proposed by the parent(s) or determined by
the Department;
(2)
The parent is agreeing to have the Department take this temporary
custody and provide placement while the parent(s) is addressing any
outstanding issues which could affect the safety and well-being of
the child;
(3)
A statement that the parent(s) can revoke the voluntary agreement
and have his/her child returned to him/her any time before involuntary
CHIPS any time prior to; and
(4)
The parent(s) and/or guardian(s) are required to enter into a case
management plan that works towards reunification with the child.
D.
The agreement shall be in effect for up to 180 days. A hearing shall
be held on the status of the voluntary out-of-home placement by the
180th day. The Prosecutor can vacate the hearing if the child returns
to the parent(s).
(1)
A judicial determination shall be made that the continued out-of-home
placement is in the child's best interest and that reasonable efforts
to prevent removal were made or are not required by the 179th day
the child is voluntarily placed out-of-home.
(2)
Upon this initial determination, the case shall be referred to the
Prosecutor to proceed with filing a petition pursuant to this chapter.
E.
Voluntary placement agreements may not be used to avoid child protection
concerns or used if allegations that could lead to a CHIPS petition
have been substantiated or the child was taken into custody by law
enforcement or the Department.
A.
A parent who has legal custody of a child, by a power of attorney
that is properly executed by all parents who have legal custody of
the child, may delegate to another person/agent powers of a parent
regarding the care, custody, and property of a child.
B.
A parent may not use a parental power of attorney:
(1)
To prevent or supersede any agency or department from receiving and
investigating a report of neglect or abuse under this chapter, prevent
a child from being taken into custody under this chapter, or prevent
a Court from exercising jurisdiction over the child under this chapter.
(2)
If there is an active CHIPS, JIPS, or Delinquency proceeding unless
it is approved by the Court.
(3)
To place the child in a foster home, group home, shelter care facility,
or inpatient treatment facility.
E.
The parental power delegation shall be valid for 12 months from the
date of execution and may be revoked, in writing, at any time by the
person or agency delegating the power.
[Amended 5-20-2021 by Ord. No. 21-42]
(1)
The delegation is renewable upon the re-executive of the document
except as described below.
(2)
A delegation made to a relative of the child or a nonrelative if
that petition that has been approved by the Court. Consent may be
made by telephone if the Court finds it is in the best interest of
the child to do so.
F.
A delegation of powers under this section does not deprive the parent
of any of his or her powers regarding the care and custody of the
child.
G.
A person acting under a power of attorney may be referred to as an
"attorney in fact," "agent" or "power of attorney."
