A.
The Court may apply the policies of the Indian Child Welfare Act,
25 U.S.C. §§ 1901 through 1963, where they do not conflict
with the provisions of this chapter.
B.
The procedures for state Courts in the Indian Child Welfare Act shall
not be binding on the Menominee Tribal Court unless specifically provided
for in this chapter.
C.
The Tribe adopted the active efforts standard from the Indian Child
Welfare Act as the standard that should apply to all children and
families. This standard applies to all cases, including open and ongoing
prior to the effective date of this chapter even if the underlying
CHIPS, JIPS, or Delinquency action was filed under tribal law assuming
specified portions of Wisconsin Statutes Chapters 48 and 938. The
Court may find good cause immediately following June 1, 2020, that
active efforts may not have been made prior to June 1, 2020, and allow
the case workers to adjust the case and service plans by supplemental
active effort statements.
