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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 6. Family Relations
Chapter 10. Guardianship of a Minor

Section A. Transfer of Custody

Section B. The Leech Lake Child Welfare Department

Section C. Parents Deceased

Section D. Guardian's Responsibilities

LLOjibwe JCT6 FRC Ch. 10, § A
Section A. Transfer of Custody

If the Court terminates parental rights of both parents or of the only known living parent, the Court shall order the guardianship and the legal custody of the child transferred to:

(1) the Leech Lake Child Welfare Department;

(2) a licensed child-placing agency; or

(3) an individual who is willing and capable of assuming the appropriate duties and responsibilities to the child.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 10, § A, LLOjibwe JCT6 FRC Ch. 10, § A



LLOjibwe JCT6 FRC Ch. 10, § B
Section B. The Leech Lake Child Welfare Department

The Court shall order transfer of guardianship and legal custody of a child to the Leech Lake Child Welfare Department only when the social services agency had legal responsibility for planning for the permanent placement of the child and the child was in foster care under the legal responsibility of the agency at the time the Court orders guardianship and legal custody.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 10, § B, LLOjibwe JCT6 FRC Ch. 10, § B




LLOjibwe JCT6 FRC Ch. 10, § C
Section. C. Parents Deceased

(1) If upon petition to the Tribal Court by a reputable person, including but not limited to an agent of the Leech Lake Child Welfare Department and upon a hearing, the Court finds that both parents or the only known legal parent are or is deceased and no appointment has been made or petition for appointment of a guardian or stand by custodian pursuant to Chapter 5, Section N, the Court shall order the guardianship and legal custody of the child transferred to:

(a) the Leech Lake Child Welfare Department;

(b) a licensed child-placing agency; or

(c) an individual who is willing and capable of assuming the appropriate duties and responsibilities to the child.

(2) The Court shall order transfer of guardianship and legal custody of a child to the Leech Lake Child Welfare Department only if there is no individual who is willing and capable of assuming the appropriate duties and responsibilities to the child.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 10, § C, LLOjibwe JCT6 FRC Ch. 10, § C




LLOjibwe JCT6 FRC Ch. 10, § D
Section D. Guardian's Responsibilities

(1) A guardian appointed under the provisions of this section has legal custody of a ward unless the Court which appoints the guardian gives legal custody to some other person. If the Court awards custody to a person other than the guardian, the guardian nonetheless has the right and responsibility of reasonable visitation, except as limited by court order.

(2) The guardian may make major decisions affecting the person of the ward, including but not limited to giving consent (when consent is legally required) to the marriage, enlistment in the armed forces, medical, surgical, or psychiatric treatment, or adoption of the ward.

(3) A guardianship created under the provisions of this section shall not of itself include the guardianship of the estate of the ward.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 10, § D, LLOjibwe JCT6 FRC Ch. 10, § D

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