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Mills Tribal Code
VII - JUVENILE CODE
701. JUVENILE CODE. While proceeding under this Chapter,
the Tribal Court shall be termed the Juvenile Division of the Tribal
under this Chapter shall not be deemed to be criminal proceedings.
702. PURPOSE AND CONSTRUCTION. This Chapter shall be liberally
interpreted and construed to fulfill the following purposes:
provide for the welfare, care and protection of the children and families
within the jurisdiction of the Bay Mills Indian Community;
preserve unity of the family, preferably by separating the child from
his parents only when necessary;
take such actions that will best serve the spiritual, emotional, mental,
and physical welfare of the child and the best interest of the tribe
to prevent the abuse, neglect and abandonment of children;
provide a continuum of services for children and their families from
prevention to residential treatment, with emphasis whenever possible
on prevention, early intervention and community bases alternatives;
secure the rights of and ensure fairness to the children, parents,
guardians, custodians and other parties who come before the court
under the provisions of this Chapter;
provide procedures for intervention in state court proceedings regarding
Indian children and for transfer of jurisdiction over Indian children
from state and other Tribal Courts to this Tribal Court;
recognize and acknowledge the tribal customs and traditions of the
Bay Mills Indian Community regarding childrearing; and
preserve and strengthen the child's cultural and ethnic identity whenever
703. DEFINITIONS The following terms shall have the meanings
described below for the purposes of this Chapter:
A person eighteen (18) years of age or older, or otherwise emancipated
by order of a court of competent jurisdiction.
Management Team": A team established to involve and coordinate
the child protection services of various agencies as set forth in
Section 710 of this Code.
": An unmarried person who is less than eighteen (18) years old
and has not been emancipated by order of a court of competent jurisdiction.
Born out of Wedlock": A child conceived and born to a woman who
is unmarried from the conception to the birth of the child, or a child
determined by judicial notice or otherwise to have been conceived
or born during a marriage but who is not the issue of that marriage.
in Need of Care" : A child:
Who has no parent(s), guardian, or custodian available and willing
to care for him/her;
Who has suffered or is likely to suffer a physical injury, inflicted
upon him by other than accidental means, which causes or creates
a substantial risk of death, disfigurement, or impairment of bodily
Whose parent(s), guardian, or custodian has not, for reasons other
than poverty, provided adequate food, clothing, shelter, medical
care, education, or supervision necessary for his health and well-being;
Who has been sexually abused or exploited by parent(s), guardian
or custodian, either intentionally or negligently;
Who has committed delinquent acts as a result of parental pressure,
guidance, approval or failure to properly supervise;
Who has been emotionally abused or emotionally neglected; or
Who is born addicted to alcohol or exposed to a controlled substance,
which has resulted in physical and/ or mental harm to the child.
Offender": Is a child who:
Has committed an act which is designated as a crime if committed
by an adult under the laws of the Bay Mills Indian Community or
under the laws of the United States applicable to the Reservation
of the Bay Mills Indian Community;
Has violated any tribal ordinance within the exterior boundaries
of the Bay Mills Indian Community;
Is habitually truant;
Is unamenable to parental control;
Is a runway; or
So deports him/herself as to injure or endanger the health or well-being
of him/herself or others.
Welfare Committee": A committee appointed by the Executive Council
to protect the best interests of the children of the tribe and promote
the stability and security of the tribe as set forth in Section 708
of this Code.
Substance": Marijuana, cocaine, amphetamines, opiates, phencyclidine,
barbiturates, and any derivative of any of the above substances.
The Juvenile Division of the Bay Mills Indian Community Tribal Court.
Appointed Special Advocate" (CAA): A person appointed by the
court to represent the interests of a child who is before the court.
Custodian": A person, other than a parent or guardian, to whom
legal custody of the child has been given.
A person's permanent home, legal home or main residence. The domicile
of a child is generally that of the custodial parent, guardian or
custodian. Domicile includes the intent to establish a permanent home
or the place where the parent, guardian or custodian considers to
be his permanent home.
Family': A person who is the child's grandparent, great-aunt or uncle,
aunt or uncle, brother or sister, brother-in-law or sister-in-law,
niece or nephew, first or second cousin, or stepparent.
A man married to the mother at any time from a child's conception
to the child's birth unless the child is determined to be a child
born out of wedlock;
A man who legally adopts the child, or
A man whose paternity is established in one of the following ways
within time limits, when applicable, set by the court pursuant to
The man and the mother of the child acknowledge that he is the
child's father in a writing executed and notarized and filed in
the tribal or probate court;
The man and the mother file a joint written request for a correction
of the certificate of birth pertaining to the child that results
in issuance of a substituted certificate recording the birth;
The man acknowledges the child, without the acknowledgement of
the mother, with the approval of the court; or
A man who by order of filiation or by judgment of paternity is
determined to be the father of the child.
A person assigned by a court of law, other than a parent, having the
duty and authority to provide care and control of a child as set forth
in Section 729 of this Chapter or Chapter XIII of the Tribal Code.
The use of he/his means he or she, his or her, and singular includes
Any member of a federally recognized Indian tribe, band or community,
or Alaska Natives and any person so defined by federal or state law.
Child": A child who is a member of a tribe or eligible for membership
in a tribe.
Restrictive Alternative": The placement alternative which is
the least restrictive method, in terms of restrictions to be placed
upon the child and family, of obtaining the objectives of the Court
and this Chapter.
A person who is legally responsible for the control and care of the
child, including a mother, father, guardian or custodian, including
a natural or adoptive parent but does not include persons whose parental
rights have been terminated, nor does it include the unwed father
whose paternity has not been acknowledged or established.
Officer": Staff persons of that office of Tribal Social Services
who monitor and supervise the restrictions related to probationary
status imposed by the Tribal Court.
Services Worker": The protective service worker, social services
worker, law enforcement personnel or any person who performs the duties
and responsibilities set forth in Section 709 of this Chapter.
The Bay Mills Indian Community.
Council": The Executive Council of the Bay Mills Indian Community.
Court": The Tribal Court of the Bay Mills Indian Community.
Social Services": The Department of the Tribe which provides
social and human services to the residents and guests of the Bay Mills
704. JURISDICTION OF THE JUVENILE DIVISION. Except as
provided herein, the Juvenile Division of the Tribal Court shall have:
original jurisdiction, regardless of any other court proceedings concerning
any Bay Mills Indian Community child who:
Commits an act as a child offender within the exterior boundaries
of the reservation of the Bay Mills Indian Community; or
Is subject to the adoption provisions of Chapter XI of the Tribal
over any child alleged to be in need of care who is found or resides
within the exterior boundaries of the reservation of the Bay Mills
over the child's extended family residing in the household, whenever
the court deems it appropriate and necessary to carry out its responsibility
to protect the child and prevent family dysfunction. Jurisdiction
requires that such person be provided notice and opportunity for hearing.
relevant amendment to the Constitution of the Bay Mills Indian Community,
jurisdiction may be exercised over any child who if found, or resides
within the exterior boundaries of the Bay Mills Indian Community and
who is alleged to be a child offender.
over any adult whose behavior causes or tends to cause the child to
come within or remain within the Jurisdiction of the Court.
over any proceeding which is transferred to the Juvenile Division
by a state or Tribal Court.
the Court asserts jurisdiction over a person under this Section, the
Court may retain jurisdiction over that person even if he leaves the
physical boundaries of the reservation.
the Court asserts jurisdiction over a child under this Section, jurisdiction
shall be retained until the child attains the age of 18 years or graduates
from high school, whichever shall later occur.
705. TRANSFER OF JURISDICTION.
of the Indian Child Welfare Act. The Juvenile Division may apply
the policies of the Indian Child Welfare Act, 25 U.S.C. 1901-1963,
where they do not conflict with the provisions of this Chapter. The
procedures for state courts in the Indian Child Welfare Act shall
not be binding upon the Juvenile Division except where specifically
provided for in this Chapter.
to State Court or other Tribal Court. In any proceeding before
the Juvenile Division, the Court may transfer the proceedings to an
appropriate state court or another Tribal Court where the state or
the other Indian tribe has a significant interest in the child and
the transfer would be in the best interest of the child.
from other Courts. The Juvenile Division may accept or decline,
under the procedures set forth in this Chapter, transfers of child
welfare cases from other federal, state or Tribal Courts.
for Transfer from State Court.
Receipt of Notice: The tribal agent for service of notice
of state court child custody proceedings, as required by the Indian
Child Welfare Act, shall be the Tribal Social Services Department
Intervention: The Tribal Social Services Department, through
the office of Tribal Attorney, shall cause a motion to intervene
to be filed with the state court within five days of receipt of
Investigation and Pre-Transfer Report: The Tribal Social
Services Department shall conduct an investigation and file a written
report with the Child Welfare Committee.
Decision to Transfer: The Child Welfare Committee shall determine
whether or not the tribe should petition for transfer from the state
court. The Child Welfare Committee shall consider these factors:
The best interests of the child,
The best interests of the tribe,
Availability of services for the child and his family, and
The prospects for permanent placement for the child.
Petition for Transfer: The tribal petition for transfer shall
be filed by the tribal attorney within five (5) days of receipt
of the determination from the Child Welfare Committee with a copy
sent to the Tribal Court. If there is no tribal attorney, the Child
Welfare Committee shall file the Petition for Transfer.
Acceptance of Transfer: The Juvenile Division has discretion
whether to accept or deny transfer.
7. Hearing(s): Upon receipt of transfer jurisdiction from
state court, the Tribal Court shall hold appropriate hearings in
accordance with this Chapter.
Faith and Credit: Conflict of Laws.
State Court Orders. State child custody orders involving
children over whom the Juvenile Division could take jurisdiction
may be recognized by the Juvenile Division only after a full independent
review of such state proceedings has determined:
The state court had jurisdiction over the child; and
The provisions of the Indian Child Welfare Act, 25 U.S.C. 1901-1963,
were properly followed; and
Due process was provided to all interested persons participating
in the state proceeding; and
The state court proceeding does not violate the public policies,
customs, or common law of the tribe.
Court Orders of other Tribal Courts: Court orders of other
Tribal Courts involving children over whom the Juvenile Division
could take jurisdiction shall be recognized by the Juvenile Division
after the court has determined:
That the other Tribal Court exercised proper subject matter jurisdiction
over the parties; and
Due process was accorded to all interested parties participating
in the other Tribal Court proceeding.
Tribal Interest: Because of the vital interest of the tribe
in its children and those children who may become members of the
Tribe, the ordinances, regulations, public policies, customs and
common law of the Tribe shall control in any proceeding involving
a child who is a member of the Tribe.
706. PROCEDURES AND AUTHORIZATIONS.
of Procedure. The procedures in the Juvenile Division shall be
governed by the rules of procedure for the Tribal Court which are
not in conflict with this Chapter.
and Grants. The Juvenile Division is authorized to cooperate fully
with any federal, state, Tribal, public or private agency in order
to participate in any foster care, shelter care, treatment or training
program(s) and to receive grants-in-aid to carry out the purposes
of this Chapter. This authority is subject to the approval of the
tribal council if it involves an expenditure of tribal funds.
Services. The Juvenile Division shall utilize such social services
as may be furnished by any tribal, federal, or state agency provided
that it is economically administered without unnecessary duplication
707. JUVENILE DIVISION PERSONNEL.
for Parents and Child Offenders. Parents and those children alleged
to be child offenders under Section 703 F.1. may be represented at
each stage of proceedings under this Chapter by an attorney or lay
advocate at their own expense. It is prudent and advisable for the
parents to have representation.
Appointed Special Advocate (CASA). At every stage of the proceedings
conducted under this Chapter, the Juvenile Division may appoint an
advocate for the child, who may be a lawyer. A non-lawyer may serve
as a special advocate only if certified by the Child Welfare Committee.
The duty of the CASA is to represent the interests of the child.
A child fourteen years of age or older is presumed capable of determining
what is in his or her best interests. It is the duty of the CASA
to represent the child's wishes in such cases. For children less
than fourteen years of age, the CASA shall make a determination
as to the best interests of the child regardless of whether that
determination reflects the wishes of the child. However, the wishes
of the child are always relevant to the determination of best interests
and shall be weighed according to the competence and maturity of
The CASA shall perform the following duties:
Appear at all hearings to represent competently the interests
of the child in proceedings before the court.
Conduct an independent investigation, including interviewing the
child, parents, social workers, and other persons to properly
ascertain the facts and circumstances underlying the allegation
that the child is within the jurisdiction of the court.
Ascertain the interests of the child, taking into consideration
the child's wishes according to the competence and maturity of
Provide a written report of findings and recommendations to the
court at each hearing held before the court.
Urge that specific and clear orders are entered for evaluation,
assessment, services and treatment for the child and his family
Monitor implementation of case plans and dispositional orders
to determine whether services ordered by the court are actually
provided, are provided in a timely manner, and are accomplishing
their desired goal
Inform the court if the services are not being made available
to the child and/ or family, if the family fails to take advantage
of such services, or if such services are not achieving their
Identify the common interests among the parties and, to the extent
possible, act as mediator to promote a cooperative resolution
of the matter.
Consult with other professionals liberally in identifying the
child's interests, current and future placements, and necessary
for the interests of the child in mental health, educational,
juvenile justice, and other community systems when related to
the circumstances causing the child to come within the jurisdiction
of the Juvenile Division.
Attend training programs as prescribed by the Child Welfare Committee.
708. CHILD WELFARE COMMITTEE.
The Child Welfare Committee is hereby created for the purpose of protecting
the best interests of the child and promoting the stability and security
of the Tribe and its Indian Families by fully exercising the Tribe's
rights and responsibilities under the Indian Child Welfare Act of
1978 and this Chapter.
The Child Welfare Committee shall consist of seven (7) adult members
of the tribe appointed by the Executive Council to serve for a term
of two (2) years. Upon the initial establishment of the Committee,
four members shall serve for three (3) years, and three shall serve
for two (2) years. The members of the Committee shall annually elect
one of themselves as Chair who shall preside over all meetings. Any
member who misses three consecutive regular meetings of the Committee
without excuse to the Chair shall be considered as resigning from
the Committee, and the Tribal Council shall fill the vacancy. No member
of the Committee shall simultaneously serve on or be employed by an
agency who provides services for children subject to the jurisdiction
of the Juvenile Division.
The Child Welfare Committee enjoys only the authority which is expressly
delegated to it in this Chapter or in other enactment by the tribal
government. The Child Welfare Committee shall have the following duties:
Advise the tribal government on child welfare matters and recommend
policies and procedures for implementing federal and tribal child
Monitor child welfare proceedings involving tribal members in the
state or tribal courts.
Make determinations regarding intervention in state court proceedings
and regarding transfer of jurisdiction from state court to the tribal
Make case management recommendations to the tribal social services
workers, placement agency workers, and the Tribal Prosecuting Attorney
regarding the care, custody and supervision of tribal children under
court jurisdiction, including recommendations as to case plan, guardianship,
termination of parental rights and guardianship. Such recommendations
shall be filed with the Juvenile Division.
License and supervise group, shelter, foster and adoptive homes
and child placing agencies.
Engage in further activities as to protect and improve the welfare
of the children of the Bay Mills Indian Community.
Certify non-lawyers to serve as Court Appointed Special Advocates
Actions of the Child Welfare Committee shall be decided by a majority
vote of those present at the meeting. The Chair is entitled to vote
on this matter.
members are not investigators. Child Welfare Committee members
shall not initiate on their own the gathering of information regarding
the matter under review. All members shall have access to the same
information. If a Child Welfare Committee member is contacted outside
of a review by an interested party, he shall refer the party to the
caseworker, social worker, advocate, or the relevant office as appropriate.
The Committee may, however, request that further information be provided
or that further investigation be conducted by the social worker or
other appropriate authority.
Child Welfare Committee members who are foster parents or CASAs
may not participate as Committee members in the review of children
who are in their own care.
A Child Welfare Committee member may participate in the discussion
but need not vote on actions involving the member's extended family.
Meetings of the Child Welfare Committee shall not be open to the
public, except for persons authorized to attend by the Child Welfare
Confidentiality of case information and other Child Welfare Committee
records shall be maintained. Committee members are subject to the
same standards of confidentiality as other court personnel, Department
of Social Service workers and other professionals working in the
Case materials and all other Child Welfare Committee records shall
be kept in a secure area. The recording secretary shall collect
case plan packets at the conclusion of Child Welfare Committee meetings
so that no reports leave the meeting and all written reports are
maintained in confidence. Written material may be provided to Committee
members in advance of meetings, however.
709. PROTECTIVE SERVICE WORKERS AND PROBATION OFFICERS.
and Duties of Protective Service Workers and Probation Officers.
Receive from any source, oral or written, information regarding
a child who may be a child in need of care.
Upon receipt of any report or information under Subsection 1, within
24 hours initiate a prompt and thorough investigation which shall
include a determination of the nature, extent, and course of any
condition which is contrary to the child's best interests and the
name, age, and condition of other children in the home.
In conducting the investigation, the protective service worker shall
seek the assistance of and cooperate with the law enforcement officials
within 24 hours after becoming aware that one or more of the following
Abuse or neglect is the suspected cause of a child's death.
The child is the victim of suspected sexual abuse or sexual exploitation.
Abuse or neglect resulting in severe physical injury to the child
that requires medical treatment or hospitalization. For purposes
of this Subsection, "severe physical injury" means brain
damage, skull or bone fracture, subdural hematoma, dislocation,
sprains, internal injuries, poisoning, burns, scalds, severe cuts,
or any other physical injury that seriously impairs the health
or physical well-being of a child.
Law Enforcement intervention is necessary for the protection of
the child, the protective services worker, or another person involved
in the investigation.
The alleged perpetrator of the child's injury is not a person
responsible for the child's health or welfare.
Take a child into temporary custody if necessary pursuant to Section
712. Law enforcement officials shall cooperate with protective services
personnel to remove a child from the custody of his parents, guardian,
or custodian when necessary.
After 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.
Substantiate whether there is probable cause to believe that the
child is a child in need of care.
Offer to the family of any child found to be a child in need of
care, appropriate services which may include, but shall not be restricted
to, prevention services, and document such offer(s).
Within 30 days after a referral of a potential child in need of
care, submit a written report of his investigation and evaluation
which shall be included in the files maintained by the protective
services division of the tribal Social Services Department and shall
include a determination as to whether the report was substantiated
Upon completion of the investigation by the local law enforcement
agency or the protective services worker, the law enforcement agency
or protective services worker may inform the person who made the
report as to the disposition of the report.
from Law Enforcement. Law enforcement officials shall cooperate
with the protective services worker and the Tribal Social Services
Department in conducting investigations pursuant to this Section.
of Authority; Duty to Inform. Before offering protective services
to a family, a worker shall inform the family that he has no legal
authority to compel the family to receive such services. If the family
declines the offered services, the worker may request authorization
to initiate a child protection petition in the Juvenile Division.
Nothing in this section limits the authority of the protective services
worker to act in emergency situations pursuant to Section 712 or to
obtain a medical evaluation of the child pursuant to Section 725.
of Probation Officers. The Probation Officer shall have the following
Receive and screen referrals concerning child anti-social behavior
from schools, law enforcement, parents, tribal and county agencies
and members of the general public.
Investigate and make dispositional recommendations to the Court
of all cases involving child offenders.
Attend all hearings involving a child offender and supervise implementation
of dispositional orders.
Schedule case review hearings for child offenders and advise the
Court of the efforts of the child and his family in complying with
the Court's dispositional orders.
Provide supportive, preventive and supervisory counseling to all
child offenders and their families placed on probation by court
Provide information and supportive services to agencies and courts
who work with child offenders subject to Juvenile Division jurisdiction.
Provide supervision to child offenders and alleged child offenders
in secure detention.
Assist in the development and implementation of programs and services
to prevent and rehabilitate children who are at risk of antisocial
and/or criminal behavior.
710. CASE MANAGEMENT TEAM. The Case Management Team is
technical and advisory in nature and is not intended to replace the
authority and responsibility of the Child Welfare Committee, individual
agencies, or the Court. It is designed to promote cooperation, communication,
and consistency among agencies. The Case Management Team shall facilitate
the decision making process, and its activities shall be determined
by the Mental Health/Social Services Coordinator. Confidentiality shall
be maintained by all Team Members.
Duties. The Case Management Team shall:
Monitor child abuse and neglect activities to ensure that adequate
preventive, protective and corrective services are provided.
Review and track all child abuse and neglect cases which have been
referred by the protective services worker for case plan recommendations.
Monitor, review and recommend case plans for children subject to
court jurisdiction and for tribal children subject to the jurisdiction
of another court. Case plans for children subject to the jurisdiction
of the Juvenile Division shall be filed with the Court
Send local Case Management Team data to area child protection teams.
Membership. The Case Management Team shall include, but not be
limited to, persons with knowledge and experience in the following
matters; medical health; mental health; substance abuse; social services;
law enforcement; protective services; and law. The Team may request
the assistance of any other person in carrying out its responsibilities.
Facilitation. The Case Management Team shall in carrying out its
duties under Subsection A, undertake the following:
Identify available community resources, programs and services.
Provide recommendations to various pertinent agencies,
Promote cooperation, communication and consistency among agencies.
Provide a forum for debating what actions would be best to promote
the well being of Indian children.
Respond to inquiries from the community, area child protection teams
and other individuals and groups.
Assist in the development and implementation of strategies by communities
to create environments which provide opportunities for community
members to lead meaningful, productive, self-fulfilling, and rewarding
lives. These environments should promote the dignity, self-worth,
self-respect, and self-sufficiency of community members.
711. DUTY TO REPORT CHILD ABUSE AND NEGLECT.
Duty to Report. Any person who has a reasonable cause to suspect
that a child is "in need of care" shall immediately make
a report to the Protective Services Division of Tribal Social Services
or to the Tribal Law Enforcement Department. Any person so reporting
may remain anonymous, unless such person is in a category contained
in Subsection B.
Duty to Report.
A physician, coroner, dentist, medical examiner, nurse, a person
licensed to provide emergency medical care, community health representative,
audiologist psychologist, family therapist, certified social worker,
social worker, social work technician" substance abuse counselor,
school administrator, school counselor or teacher, law enforcement
officer, or duly regulated child care provider who has reasonable
cause to suspect that a child may be a child in need of care shall
make immediately, by phone or otherwise, an oral report, or cause
an oral report to be make, of the suspected condition to the tribal
Protective Services Division or tribal Law Enforcement Department.
Within 72 hours after making an oral report, the reporting person
shall file a written report. If the reporting person is a member
of the staff of a hospital, agency, or school, the reporting person
shall notify the person in charge of said entity of his finding
and that the report has been made, and shall make a copy of the
written report available to the person in charge. One report from
a hospital, agency or school shall be considered adequate to meet
the reporting requirement. A member of the staff of a hospital,
agency or school shall not be dismissed or otherwise penalized for
making a report required by this Section or for cooperating in an
The Protective Services Division shall provide to any person making
a report pursuant to Subsection B within 60 days of its receipt
the Division's determination of the report as founded or unfounded.
from liability. All persons or agencies complying in good faith
with the provisions of this Section shall be immune from civil liability
and criminal prosecution.
of Privilege. Any legally recognized privileged communication,
except that between attorney and client, is abrogated and shall neither
constitute grounds for excusing a report otherwise required to be
made nor for excluding evidence in a civil child protective proceeding
resulting from a report made pursuant to this Section.
for Not Reporting. Any person mandated to report under Subsection
B who knowingly fails to do so or willfully prevents someone else
from doing so shall be subject to a charge of civil contempt with
a civil forfeiture of up to $5,000.
and Neglect Reports. Persons mandated to report under section
711.B shall include the following information in the written report
Names, addresses, and tribal affiliation of the child and his parents,
guardian or custodian.
The child's age.
The nature and content of the child's abuse or neglect.
Previous abuse or neglect of the child or his siblings.
Name, age and address of the person alleged to be responsible for
the child's abuse or neglect.
Name and address of the person or agency making the report.
Examinations. The Protective Services Division may request a court
order for a medical evaluation of a child pursuant to Section 725
of this Chapter. The Division shall have a medical evaluation done
without a court order if the child's health is seriously endangered
and a court order cannot be obtained.
When a child suspected of being a child in need of care is seen
by a physician, the physician shall make the necessary examinations,
which may include physical examinations, x-rays, photographs, laboratory
studies, and other pertinent studies.
The physician shall immediately report the results of the evaluation
to the Protective Services Division, law enforcement and the Court,
if requested to do so. The physician's written report to the Division
shall contain summaries of the evaluation.
712. INVESTIGATION AND EMERGENCY REMOVAL.
Orders; Orders for Examination. Upon a showing of probable cause
to believe that a child is a child in need of care, which may be done
ex parte the Court may order further investigation and discovery,
including but not limited to taking of photographs, gathering physical
evidence, and examinations or evaluations of a child, parent, guardian
or custodian, by a physician, dentist, psychologist, or psychiatrist.
to Remove. Upon application by any person which may be ex parte
if the Court finds need of care and that the conditions in which the
child is found present a substantial risk of harm to the child's life,
physical health or mental well-being, the Court may order the child
be taken into custody. The Court may include in such an order:
An authorization to enter specified premises to remove the child,
A directive to place the child in protective custody pending preliminary
Removal without a Court Order. A child may be taken into protective
custody without a court order by a law enforcement officer or the
tribe's protective services worker if such person has probable cause
to believe the child is a child in need of care, and
Failure to remove the child may result in a substantial risk of
death, serious injury, or serious emotional harm, or;
The parent, guardian or custodian is absent and it appears, from
the circumstances, that the child is unable to provide for his own
basic necessities of life, and, no satisfactory arrangements have
been made by the parent, guardian or custodian to provide for such
necessities and no alternative arrangements except removal are available
to protect the child.
for removal are corrected, the child may be returned to the parent
by the person originally authorizing removal or by the protective
713. NOTICE OF REMOVAL.
to the Juvenile Division. After a child is removed from his home,
the person who removed the child shall attempt to contact the Juvenile
Division within six (6) hours. The attempt to contact the court shall
be made, by the removing person, no later than 12:00 p.m. (noon) the
next court working day.
to the Parent, Guardian or Custodian. The person removing the
child shall make all reasonable efforts to notify the parents, guardian
or custodian, within 12 hours of the child's removal Reasonable efforts
shall include personal, telephone and written contacts at their residence,
place of employment, or other location where the parent, guardian
or custodian is known to frequent with regularity. If the parent,
guardian or custodian cannot be found, notice shall be given to members
of the extended family of the parent, guardian or custodian and/ or
the extended family of the child. Said notice shall advise the parent,
guardian or custodian of their rights under this Chapter.
to Child's Tribe if Different from Tribe whose Court is Exercising
Jurisdiction. If the Juvenile Division asserts jurisdiction over
a person who is a member of an Indian Tribe other than the Bay Mills
Indian Community, the Tribal Court shall notify the Tribal Court of
its tribal member that jurisdiction has been asserted
714. PLACEMENT OF CHILDREN.
A child alleged to be a child in need of care shall not be placed
in a jail or other facility intended or used for the incarceration
of adults charged with criminal offenses or for the detention of children
alleged to have committed an act which would be criminal if committed
by an adult.
Priorities. A child may be placed in the following community based
shelter care facilities listed in order of preference:
Members of the child's extended family,
An Indian Family of the same tribe as the child which is licensed
as a foster home or an Indian family otherwise authorized by law
to provide care this child,
A facility operated by a licensed child welfare services agency
or an Indian tribe, or
Any other suitable placement which meets the standards for shelter
care facilities established by the Tribe.
Restrictive Setting. If a child cannot be returned to his parents,
the child shall be placed in the least restrictive setting which most
approximates a family and in which his special needs, if any, may
be met. The child shall also be placed in reasonable proximity to
his home, taking into account any special needs of the child.
715. INFORMAL ADJUSTMENT CONFERENCE.
the filing of a petition, the Juvenile Division may hold an informal
conference with the child and the child's parent(s), guardian, or
custodian to discuss alternatives to going forward with the petition
An informal adjustment of the matter would be in the best interest
of the child and the tribe, and
The child and the child's parent(s), guardian, or custodian consent
to an informal adjustment conference after they have received an
explanation of their rights.
Section does not authorize the Juvenile Division to compel any involuntary
action of the parties involved.
the informal adjustment conference, Juvenile Division (with the voluntary
agreement of the parties), may:
Refer the child and the child's parent(s), guardian, or custodian
to a community agency for assistance; or
Define terms of supervision calculated to assist and benefit the
child, which regulate the child's activities and are within the
ability of the child to perform.
Juvenile Division shall set forth in writing conference findings and
the disposition agreed to by the parties. The report shall be made
available to and signed by the child, child's parent(s), guardian,
or custodian. The child advocate, and parent's attorney shall also
receive copies of the report.
an informal adjustment is agreed to, the Juvenile Division shall hold
the petition in abeyance or order it dismissed to be refilled, if
at all, at a later date without prejudice.
disposition arranged through the informal adjustment procedure of
this Section shall be concluded within six (6) months.
Child Welfare Committee or its designee shall review the child's progress
every thirty (30) days. If, at any time after the initial thirty (30)
day period, the Committee concludes that positive results are not
being achieved, the Committee shall direct the protective service
worker to file a petition for a formal adjudicatory hearing.
statement made during the informal hearing may be admitted into evidence
at an adjudicatory hearing or any other proceeding involving the child
under this Chapter.
716. FILING CHILD PROTECTION PETITION.
to File Petition. Upon authorization by the tribal prosecutor,
the child protective services worker shall initiate formal child protection
proceedings by filing a child protection petition on behalf of the
tribe and in the best interests of the child.
limitations. If a child has been removed from the home, then a
child protection petition shall be filed with the Juvenile Division
no later than 12:00 p.m. (noon) of the second court working day following
of Petition. The child protection petition shall set forth the
following with specificity:
The name, birth date, sex, residence and tribal affiliation of the
The basis for the court's jurisdiction;
The specific allegation which cause the child to be a child in need
A plain and concise statement of the facts upon which the allegations
of child in need of care are based, including the date, time and
location at which the alleged facts occurred;
The names, residences and tribal affiliation of the child's parents,
guardians or custodians, if known; and
If the child is placed outside of the home where the child is placed,
the facts necessitating the placement and the date and time of the
717. FILING CHILD OFFENDER PETITION.
to File Petition. The tribal prosecutor shall initiate child offender
proceedings on behalf of the Tribe. Nothing in this Section shall
preclude law enforcement or protective services personnel from taking
emergency action under Section 712 of this Chapter.
of Petition. The child offender petition shall set forth the following
with specificity, of a citation issued or incident report prepared
by law enforcement personnel:
The name, birth date, age, sex, residence and tribal affiliation
of the child;
The basis for the Court's jurisdiction;
The specific allegations which cause the child to be a child offender;
A plain and concise statement of facts upon which the allegations
of child offender are based, including the date, time and location
at which the alleged facts occurred;
The names, residences and tribal affiliation of the child's parents,
guardians or custodians, if known; and
If the child is in emergency detention, the location of placement
and the facts on which the determination to place was based, including
the time and date of placement.
Limitations. If a child has been placed in emergency detention,
the child offender petition shall be filed with the Juvenile Division
no later than 12:00 p.m. (noon) of the second court working day following
as an Adult At the discretion of the trial judge sitting on the
case, a child who is 16 years of age or older and accused of an offense
prohibited by Chapters VI and/or VIII, or by federal criminal law
applicable to the Reservation may be tried as an adult The tribal
judge shall conduct a hearing to determine whether the best interests
of such child or the community require that the child be considered
an adult for the purpose of adjudicating the particular offense charged.
718. NOTICE AND SERVICE OF SUMMONS.
Unless a party must be summoned as provided in Subsection (B), a party
shall be given notice of a proceeding in the Juvenile Division in
any manner authorized by this Chapter or the Tribal Court Code.
In a Juvenile Division proceeding, the summons shall be issued and
served on the parent, and the person with whom the child resides,
if other than a parent or a court-ordered custodian, directing such
person to appear with the child for trial The summons shall include
a notification of the parties' rights under this Chapter. The Court
may direct that the child's appearance in court is unnecessary.
In a proceeding for termination of parental rights, the summons
must be issued and served on the parent and the person with whom
the child resides, if other than the parent or a guardian, for a
hearing on a petition seeking the termination of parental rights.
The Court may direct that the child's appearance in court is unnecessary.
Contents. The summons shall direct the person to whom it
is addressed to appear with the child (unless the child's appearance
has been excused) at a time and place specified by the Court and
Identify the nature of hearing;
Include a prominent notice that the hearings could result in termination
of parental rights; and
Have a copy of the petition attached to the summons.
Manner of Serving Summons.
Except as provided in Subsections b and c below, a summons required
under Section 718 must be served by delivering the summons to
the party personally.
If personal service of the summons is impracticable or cannot
be achieved, the Court may direct that it be served by registered
or certified mail addressed to the last known address of the party,
return receipt requested, and restricted to the addressee.
If the Court finds service cannot be made because the whereabouts
of the person to be summoned has not been determined after reasonable
effort, the Court may direct any manner of substituted service,
If personal service of the summons is impracticable or cannot
be achieved the Court may direct that it be served in a manner
reasonably calculated to provide notice.
Time of Service.
A summons shall be served at least:
7 days before adjudication,
14 days before hearing on a petition to terminate parental rights
If the summons is served by registered mail, it must be sent at
least 7 days earlier than Subsection (a) requires for personal
service of a summons.
If service is by publication, the published notice, which does
not require publication of the petition itself, shall appear in
a newspaper in the county where the party resides, if known, and
if not, in the county where the action is pending. The published
notice must appear one or more times 14 days before the hearing.
of Hearing. Notice of hearing must be given in writing which may
be on the record or mailed to the last known address at least 7 days
prior to the hearing, unless provided otherwise in this Chapter.
Persons Entitled to Notice. The Court shall insure that the
following persons are notified of each hearing:
The parent or parents,
The attorney for the parent,
The child or the advocate for the child,
The legal guardian or custodian other than the parent, if any,
The Tribal Attorney,
The responsible child placing agency,
The CASA of a party appointed pursuant to this Chapter,
Agency staff by whom the child is supervised and/ or counseled,
Any other person the Court may direct to be notified.
Preliminary Hearing. When a child is placed, reasonable efforts
shall be made to notify the parents of the child or extended family
pursuant to Section 712 [Emergency Removal] as soon as the hearing
is scheduled, and the notice may be in person, in writing, on the
record, or by telephone.
Termination Proceedings. Notice of a hearing on a petition
to terminate parental rights must be given in writing or on the
record at least 14 days before the hearing.
When a party fails to appear in response to a notice of hearing,
the Court may order the party's appearance by summons or subpoena.
The attorney for a party or the Court on its own motion may cause
a subpoena to be served on a person whose testimony or appearance
is desired. It is not necessary to tender advance fees to the person
served a subpoena in order to compel attendance.
of Service. A person may waive notice of hearing or service of
process. The waiver shall be in writing. When a party waives service
of a summons required by Section 718 B, the party must be advised
as set forth in Section 718 B(3).
Notices. After a party's first appearance before the Court, subsequent
notice of proceedings and pleadings shall be served on that party
or, if the party has an attorney, on the attorney for the party, either
personally or by ordinary mail, except that a summons must be served
before trial or termination hearing as provided in Subsection (B)
unless a prior court appearance of the party in the case was in response
to service by summons.
Fathers. If the court determines that the child has no father
as defined in Section 703 N, the Court shall take appropriate action
as described in this Subsection.
The Court shall take initial testimony on the tentative identity
and address of the natural father. If the Court finds probable cause
to believe that an identifiable person is the natural father of
the child, the Court shall direct that notice be served on that
person in the manner as provided in this Section. The notice shall
include the following information:
That a petition has been filed with the court;
The time and place of hearing at which the natural father is to
appear to express his interest, if any, in the child; and
A statement that failure to attend the hearing will constitute
a denial of interest in the child, a waiver of notice for all
subsequent hearings, and could result in termination of any parental
After notice to the putative father the Court may conduct a hearing
and determine that:
The putative father has been personally served or served in some
other manner which the Court finds to be reasonably calculated
to provide notice to the putative father. If so, the Court may
proceed in the absence of the putative father.
A preponderance of the evidence establishes that the putative
father is the natural father of the child and justice requires
that he be allowed 14 days to establish his relationship according
to Section 703 N; interests of justice so require, it shall not
be necessary for the mother of the child to join in an acknowledgement.
The Court may extend the time for good cause shown.
There is probable cause to believe that another indetifiable person
is the natural father of the child. If so, the Court shall proceed
with respect to the other person in accord with this Subsection
After diligent inquiry, the identity of the natural father cannot
be determined. If so, the court shall publish notice at least
once in a manner calculated to alert a person who may be the father
of the child. If no person comes forward the court shall terminate
the parental rights of the unknown father and proceed without
The Court may find that the natural father waives all rights to
further notice, including the right to notice of termination of
parental rights if:
He fails to appear after proper notice, or
He appears, but fails to establish paternity within the time set
by the Court.
719. PRELIMINARY HEARING.
for Hearing. If a child:
Has been released to his parent, guardian or custodian, the Court
shall conduct a preliminary hearing within 10 days after filing
of the petition.
Has been placed out of home, the court shall conduct a preliminary
hearing by 12:00 p.m. (noon) of the second court working day following
the placement for the purposes of determining:
Whether probable cause exists to believe the child is subject
to the court's jurisdiction as a child in need of care or a child
Whether the home conditions continue to be such as there is no
alternative to removal to adequately safeguard the child.
of Parent at Preliminary Hearing. If the child's parent(s), guardian,
or custodian is not present at the preliminary hearing, the Court
shall make an inquiry into what efforts have been made to notify and
to obtain the presence of the parent(s), guardian, or custodian. If
it appears that further efforts are likely to produce the child's
parent(s), guardian or custodian, the Court shall recess for not more
than 24 hours and direct the petitioner to make continued efforts
to obtain the presence of the child's parent, guardian, or custodian.
The preliminary hearing may be conducted in the parent's absence.
of Preliminary Hearing. The Court shall read the allegations in
the petition in open court, unless waived and shall advise the parent
of the right to have counsel represent them, at their own expense,
and their right to a trial on the allegations in the petition. After
advising the parent of the right to remain silent, the Court shall
allow the parent an opportunity to deny or admit the allegations and
make a statement of explanation.
procedure shall be followed for a preliminary hearing involving a
child alleged to be a child offender, provided that the rights stated
herein for parents shall be afforded to the child in such a hearing.
at Preliminary Hearing. The Court shall hear testimony concerning:
The circumstances that gave rise to the petition; and
The need for continued placement.
of No Probable Cause. If probable cause to believe the child is
a child offender or a child in need of care is not found, the petition
shall be dismissed and the child shall be released.
of Probable Cause. If the Court finds that probable cause exists
to believe the child is a child offender or child in need of care,
Shall order the parent, guardian or custodian to appear at an adjudicatory
hearing on a date and time set by the Court; and
May release the child in the custody of either of the child's parents,
guardian or custodian under such reasonable terms and conditions
as are necessary for either the physical or mental well-being of
the child; or
May order placement of the child with someone other than a parent,
guardian or custodian if the Court, after hearing, determines that
both of the following conditions exist:
Custody of the child with a parent, guardian, or custodian presents
a substantial risk of harm to the child's life, physical health
or mental well-being and no provision of service or other arrangement
except removal of the child is reasonably available to adequately
safeguard the child from such risk
Conditions of custody of the child away from a parent, guardian
or custodian are adequate from a parent, guardian or custodian
are adequate to safeguard the child's health and welfare.
Ordered Examinations. The Court may at any time after conducting
a preliminary hearing at which probable cause to proceed upon a petition
is found, order any involved child, parent or guardian to undergo
a physical, mental, substance abuse, or psychological examination
by a qualified professions.
720. ADJUDICATORY HEARING.
The Court shall conduct an adjudicatory hearing for the purpose of
determining whether the facts support a finding that the child is
a child in need of care or that the child is a child offender.
The adjudicatory hearing shall commence as soon as possible but not
later than 45 days after the petition is filed with the Court.
Continuances of an adjudicatory hearing may be granted by the Court
but only for any of the following purposes:
Upon stipulation of the parties;
Where service of process cannot be completed
The Court finds that the testimony of presently unavailable witness
One time only for up to 14 days at a parent's request for parents
to obtain counsel, or for an alleged child offender to obtain counsel;
For good cause shown.
and Conduct of Hearing. The formal rules of evidence shall not
apply at theses proceedings. All relevant and material evidence which
is reliable and trustworthy may be admitted at the trial and may be
relied upon by the Court to the extent of its probative value. Hearsay
contained in a written investigative report shall not prevent that
report from being admitted into evidence, provided that the preparer
of the report is present and available to provide testimony.
The parties shall be afforded an opportunity to examine and controvert
written reports received by the Court and shall be allowed to cross-examine
individuals who made the reports when those individuals are reasonably
The Court may rely upon conference telephone or other electronic
devices that permit all those appearing or participating to hear
and speak to each other.
and Judgment. If the allegation of the petition are sustained
by a preponderance of the evidence, the Court shall find the child
to be a child in need of care, or a child offender, as the facts indicate,
and schedule a dispositional hearing. The Court may also enter orders
of further discovery, evaluation and assessment and other orders to
protect the child. If the allegations of the petition are not sustained,
the Court shall dismiss the matter and release the child.
721. DISPOSITIONAL HEARING. A dispositional hearing is
conducted to determine measures to be taken by the Court with respect
to the child properly within its jurisdiction and, when applicable,
against any adult once the Court has determined following trial, plea
of admission or no
contest that the child comes within its jurisdiction.
dispositional hearing may be held immediately after the adjudicatory
hearing. The interval, if any, between the adjudicatory hearing and
the dispositional hearing is within the discretion of the Court. When
the child is in placement, the interval may not be more than 35 days
except for good cause. If the dispositional hearing is not held immediately
after the adjudication, notice of hearing my be given by scheduling
it on the record in the presence of the parties or in accordance with
Section 718 (Notice and Service of Summons).
Disposition (Case Plan). The Case Management Team shall present
the case plan to the Court, the counsel of record, the CASA, and the
tribal prosecutor at least three (3) days before the dispositional
The Case Management Team shall prepare a written report describing
all reasonable and appropriate alternative dispositions, including
reports of the involved child placement agency, if any, and protective
services worker. The report shall contain a specific plan for the
care of and assistance to, the child and/or the child's parent(s),
guardian, or custodian designed to resolve the problems presented
in the petition.
The report shall contain a detailed explanation of the necessity
for the proposed disposition plan and its benefits to the child.
The report shall include the effort to prevent removal, or to rectify
conditions that caused removal, of the child from the home.
If the report recommends placement of the child somewhere other
than with the child's parent, guardian, or custodian, it shall state
the specific reasons underlying its placement recommendation.
Each case plan shall be reviewed by the Child Welfare Committee;
the Committee shall advise the Court in writing of the disposition
which is recommended by vote of the members.
All relevant and material evidence, including oral and written reports
may be received and may be relied on to the extent of its probative
value, even though such evidence may not be admissible at trial.
The parties shall be given an opportunity to examine and controvert
written reports so received and may cross-examine individuals making
reports when such individuals are reasonably available.
No assertion of an evidentiary privilege, other than the privilege
between attorney and client, shall prevent the receipt and use,
at the dispositional phase, of materials prepared pursuant to a
court ordered examination, interview or course of treatment.
Orders. The Court shall enter an order of disposition after considering
the case service plan and other evidence offered bearing on disposition.
The Court shall approve a case service plan and may order compliance
with all or part of the case service plan and may enter such orders
as it considers necessary in the interest of the child. The order
of disposition shall state whether reasonable efforts have been made
to prevent the child's removal from his home or to rectify the conditions
that caused the child's removal from his home.
Alternatives. If a child has been found to be a child offender
or a child in need of care, the Court may make the following dispositions
which are listed by priority:
Permit the child to remain with his parents, guardian, or custodian,
subject to such conditions as the Court may prescribe;
Place the child with a relative within the primary service area
of the tribe, subject to such conditions as the Court may prescribe;
Place the child in a licensed foster home within the primary service
area of the tribe, subject to such conditions as the Court may prescribe;
Place the child in a foster home, or home of a relative, outside
of the primary service area of the tribe, subject to such conditions
as the Court may prescribe;
Place the child in group home or residential care facility designated
by the Court;
Place the child in a juvenile offender facility designated by the
Direct the tribal prosecutor to file a petition to terminate parental
rights under this Chapter; or
Require any child offender and/or his parent, guardian or custodian
to pay a fine commensurate with the fine which would be imposed
on an adult convicted of the same offense. For those cases in which
the child offender is found to have violated the provisions of Section
703(F)(3)-(6), the Court may impose a civil remedial forfeiture
of not more than $500 for each incident
The Court may require any child offender to pay restitution for any
damage resulting from his action or inaction, which may be in the
form of money or in community service. In addition, the Court may
require the parent, guardian, or custodian of the child offender to
pay restitution for damages caused by the offender.
Orders. If a child remains under the jurisdiction of the Court,
an order may be amended or supplemented within the authority granted
to the Juvenile Division in this Chapter at any time as the Court
considers it necessary and proper and in the best interests of the
722. DISPOSITION REVIEW HEARINGS.
The dispositional order is to be reviewed at the discretion of the
Court but at least once every six (6) months.
of Review. Notice of the review hearing shall be provided on the
record or by ordinary mail as provided in Section 718(C).
and Content of Review.
At a review hearing the Court shall review on the record the compliance
with the case service plan prepared pursuant to Section 721 and
the previous orders of the Court including:
Service provided or offered to the child and his parent, guardian
or custodian and whether the parent, guardian or custodian has
complied with and benefited from those services.
If visitation did not occur or was infrequent, the Court shall
determine why visitation did not occur or was infrequent.
After review of the case service plan, the Court shall determine
the extent of progress made toward alleviating or mitigating the
conditions that cause the child to become and to remain a child
offender or a child in need of care. The Case Management Team may
submit a modified case plan, taking in to account circumstances
which arose or became known since the time of the original case
plan development. The Court may modify any part of the case plan
including, but not limited to, the following:
Prescribing additional services that are necessary to rectify
the conditions that caused the child to become or to remain a
child offender or child in need of care.
Prescribing additional actions to be taken by the parent, guardian,
or custodian to rectify the conditions that caused the child to
become or remain a child offender or a child in need of care.
At a review hearing the Court shall determine the continuing necessity
and appropriateness of the child's placement and review the recommendations
on such placement of the Child Welfare Committee, the Case Management
Team and the child placement agency, and shall order the return
of the child to the custody of the parent, continue the dispositional
order, modify the dispositional order, or enter a new dispositional
If the child remains in placement, the Court shall determine at
the dispositional hearing and at each review hearing whether the
cause should be reviewed before the next review hearing required
under this Section. In making this determination, the Court shall
consider, but not be limited
to, both of the following:
The parent's ability and motivation to make necessary changes
to provide a suitable environment for the child.
Whether there is a reasonable likelihood that the child may be
returned to his home prior to the next review hearing required
by this Section.
of Child Without Hearing. In the event that the agency charged
with the supervision of the child determines that the child should
be returned to his home, the agency shall request a hearing on the
determination, subject to the notice provisions of Section 718. If
no party files an objection to the return within the time period prior
to hearing, the Court may issue an order permitting return without
An agency report filed with the Court shall be accessible to all parties
to the action and shall be offered into evidence.
723. PERMANENCY PLANNING HEARINGS.
A permanency planning hearing shall be conducted to review the status
of the child adjudicated as in need of care and the progress being
made toward the child's return to his natural parents or to some other
of Hearings. The Court shall conduct a permanency planning hearing
not more than 24 months after entry of the order of disposition and
every 12 months thereafter, so long as the child remains a child in
need of care. A permanency planning hearing may be combined with a
disposition review hearing under Section 722 of this Chapter.
Child Returned. If parental rights to the child have not
been terminated and the Court determines at a permanency planning
hearing that the return of the child would not cause a substantial
risk of harm to the child's life, physical health, or mental well-being,
the Court shall order the child returned to his parent. In determining
whether the return of the child would cause a substantial risk of
harm to the child, the Court shall view the failure of the parent
to substantially comply with the terms and conditions of the case
service plan and dispositional orders of the Court as evidence that
return of the child to his parent would cause a substantial risk
of harm to the child's life, physical health, or mental well-being.
Child not Returned. If the court determines at a permanency
planning hearing that the child should not be returned to his parent,
Case Management Team and Child Welfare Committee shall each propose
one of the following alternative permanent placement plans:
The child be placed permanently with a relative within the primary
service area of the Tribe.
The child be placed permanently with a relative who is outside
the primary service area of the Tribe.
The child remain a long-term foster or residential care.
A petition for guardianship under the Tribal Code be filed by
the current caretaker of the child, the child, or the Tribal Social
A petition to terminate parental rights under this Chapter be
filed by Tribal Social Services.
Order. If the Court determines that the child should not be returned
to his parents, the Court shall order permanent placement with a relative,
long-term foster or residential care under Subsection C.2(a), (b)
or (c), or continue the child in placement for a limited period so
that petitions under Subsections C.2(d) or (e) may be filed.
724. TERMINATION OF PARENTAL RIGHTS.
The purpose of this Section is to provide for the voluntary and involuntary
termination of the parent-child relationship and for the substitution
of parental care and supervision by judicial process. This Section
shall be construed in a manner consistent with the philosophy that
the family unit is of most value to the community and the individual
family members when that unit remains united and together, and that
termination of the parent-child relationship is of such vital importance
that it should be used only as a last restore when, in the opinion
of the Court, all efforts have failed to avoid termination and it
is in the best interests of the child concerned and of the Tribe to
proceed under this Section.
for Involuntary Termination. The Court may terminate the parental
rights of a parent to a child adjudicated a child in need of care
if the Court finds, beyond a reasonable doubt, one or more of the
The parent of the child has abandoned the child without provision
for his support and without communication for a period of at least
6 months. The failure to provide support and to communicate for
a period of at least 6 months shall be presumptive evidence of the
parent's intent to abandon the child.
The child or a sibling of the child has suffered physical injury
or physical or sexual abuse under either of the following circumstances:
A parent's act caused physical injury or physical or sexual abuse
and the Court finds that there is a reasonable likelihood that
the child will suffer from injury or abuse in the foreseeable
future if placed in the parent's home.
A parent who had the opportunity to prevent the physical injury
or physical or sexual abuse failed to do so and the Court finds
that there is a reasonable likelihood that the child will suffer
injury or abuse in the foreseeable future if placed in the parent's
The parent was a respondent in a proceeding brought under this Chapter,
twelve (12) or more months have elapsed since the issuance of an
initial dispositional order, and the Court, beyond a reasonable
doubt, finds either of the following:
The conditions that led to the adjudication continue to exist
and there is no reasonable likelihood that the conditions will
be rectified within a reasonable time considering the age of the
child, and there is a reasonable expectation that custody of the
child by the parent is likely to result in serious emotional or
physical damage to the child; or
Other conditions exist that cause the child to be a child in need
of care, and there is a reasonable expectation that custody of
the child by the parent is likely to result in serious emotional
or physical damage to the child. The parent has received recommendations
to rectify those conditions, the conditions have not been rectified
by the parent after the parent has received notice, a hearing,
and been given a reasonable opportunity to rectify the conditions,
and there is not reasonable likelihood that the conditions will
be rectified within a reasonable time considering the age of the
Parental rights to one or more siblings of the child have been terminated
due to serious and chronic neglect or physical or sexual abuse,
and prior attempts to rehabilitate the parent(s) have been unsuccessful,
and there is a reasonable expectation that custody of the child
by the parent is likely to result in serious emotional or physical
damage to the child.
at Initial Disposition. If a petition to terminate parental rights
to a child is filed, the Court may enter an order terminating parental
rights under Subsection (B) at the initial dispositional hearing.
of Evidence. The same rules of evidence which apply at adjudication
under Section 720 shall apply in termination proceedings.
of Parental Rights Order. An order terminating parental rights
under this Chapter may not be entered unless the Court makes findings
of fact, states its conclusions of law, and includes the legal basis
for the order. Brief, definite, and pertinent findings and conclusions
on the contested matters are sufficient. The Court shall state the
findings and conclusions in a written opinion. If the Court does not
issue a decision on the record following hearing, it shall file its
decision within 60 days after the taking of final proofs.
Relinquishment of Parental Rights. Parental rights may be voluntarily
terminated by a parent in writing, if signed by the parent in the
presence and with approval of the Court. Relinquishment shall not
be accepted or acknowledged by the Court prior to ten (10) days after
birth of the child. The Court shall ensure that the parent understands
the consequences of the voluntary termination prior to approving it
A parent who wishes to relinquish his parental rights shall be provided
an interpreter if he does not understand English. Prior to the entry
of an order of termination, the Court shall determine that entry of
such an order is in the best interests of the affected child(ren)
and of the Tribe.
of Voluntary Relinquishment. A parent who has voluntarily relinquished
parental rights to a child may withdraw such consent to termination
of parental rights at any time prior to the issuance of an adoption
decree pursuant to Chapter XI of the Tribal Code. A person who has
voluntarily relinquished parental rights may withdraw such consent
and demand re-establishment of the parent-child relationship upon
a showing the Court of clear and convincing evidence that such consent
was obtained by fraud or duress.
Continued Right to Benefits. An order terminating the parent-child
relationship shall not disentitle a child to any benefit due the child
from any third person, agencies, state or the United States, nor shall
any action under this Chapter be deemed to affect any rights and benefits
that the child derives from the child's membership in or eligibility
for membership in a federally recognized Indian Tribe.
of Right to Appeal. Immediately upon entry of an order terminating
parental rights, the Court shall advise the respondent parent orally
or in writing that the parent is entitled to appellate review of the
order. Appellate review shall be by right. The clearly erroneous standard
shall be used in reviewing the findings of the Juvenile Division on
appeal from an order terminating parental rights.
Termination Review Hearings. If a child remains a ward of the
Court following the termination of parental rights to the child, the
Court shall conduct a review hearing, at least every twelve (12) months
to review the progress toward permanent placement of the child. The
Court shall make findings on whether reasonable efforts have been
made to establish permanent placement for the child and may enter
such orders as it considers necessary in the best interests of the
725. AUTHORIZATION OF MEDICAL TREATMENT.
for Court Order. At any time, regardless of whether a child is
under the authority of the Court, the Court may authorize medical
or surgical care for a child when:
A parent, legal guardian or custodian is not immediately available
and cannot be found after reasonable effort in the circumstances
of the case; or
A physician informs the Court orally or in writing that in his professional
opinion, the life of the child would be greatly endangered without
certain treatment and the parent, guardian or other custodian refuses
or fails to consent. If time allows in a situation of this type,
the Court shall cause every effort to be made to grant the parent,
guardian, or custodian an immediate informal hearing, but this hearing
shall not be allowed to further jeopardize the child's life or health.
Use of Spiritual Treatment to be Given Consideration. In making
its order the Court shall give due consideration to any treatment
being given the child by prayer through spiritual means alone or through
other methods approved by tribal customs or traditions or religions,
if the child or his parent, guardian or legal custodian are adherents
of an established religious denomination that relies on this form
of treatment in lieu of medical treatment, or any such individual
practices the tribal customs, traditions or religion which is relied
upon for such treatment of the child.
Order. After entering any authorization under this Section, the
Court shall reduce the circumstances, finding and authorization in
writing and enter it in the records of the Court and shall cause a
copy of the authorization to be given to the appropriate physician,
hospital, or both.
Authorization for Treatment Sufficient. Oral authorization by
the Court is sufficient for care or treatment to be given and shall
be accepted by any physician or hospital. No physician or hospital
nor any nurse, technician or other person under the direction of such
physician or hospital shall be subject to criminal or civil liability
in the court for performance of care or treatment in reliance on the
court's authorization, and any function performed there under shall
be regarded as if it were performed with the child's and the parent's
726. COSTS OF SUPPORT AND CARE. With the exception of
permanent custody orders, in the event that a child is removed from
his home by an order of the Juvenile Division, the child's parents,
guardian or custodian may be ordered by the Court to pay the costs of
the child's support. Such payments are to be made to the clerk of Tribal
Court, who shall in turn release them to the person or organization
with whom the child is placed. Whenever the Court enters such a reimbursement
order and the parent, guardian or custodian refuses to pay, that person
shall be punishable under the contempt powers of the Tribal Court.
A child who is 17 years of age may petition the Court for emancipation.
The petition shall be signed by the child, and shall contain the following
The child's full name and birth date, and the county and state where
the child was born;
A certified copy of the child's birth certificate;
The name and last known address of the child's parents, guardian
The child's present address, and length of residency at that address;
A declaration by the child indicating that he has demonstrated the
ability to manage his financial affairs, which may include any information
which he considers necessary to support the declaration; and
A declaration by the child indicting that he has the ability to
manage his personal and social affairs, which may include any information
he considers necessary to support the declaration.
Supporting Petition. The petition shall not be considered by the
Court in the absence of an affidavit from any of the following persons
which declares that the person has personal knowledge of the child's
circumstances and believes that under those circumstances emancipation
is in the best interests of the child:
Medical care provider, including physician, nurse, and nurse-practitioner;
Member of the clergy;
Psychologist or family therapist;
Social worker, including social work technician and certified social
School administrator, teacher, or counsel; or
Law enforcement officer.
of Petition. A copy of the petition and summons to appear at the
hearing shall be served on the child's parent or guardian. A notice
of hearing shall be sent to the individual who provided the required
affidavit in support of the petition.
Requirements for Order of Emancipation. The Court shall issue
an order of emancipation if it determines that emancipation is in
the best interest of the child and the child establishes all of the
That the child's parent or guardian do not object, or if objection
is made, that the objecting parent or guardian is not providing
the child with support;
That the child is 17 years of age;
That the child is a resident of the Reservation of the Bay Mills
That the child has demonstrated the ability to manage his financial
affairs, including proof of employment or other means of support.
"Other means of support" does not include general assistance
or aid to families with dependent children for which the child might
otherwise be eligible due to age;
That the child has the ability to manage his personal and social
affairs, including, but not limited to, proof of housing; and
That the child understands his rights and responsibilities as an
emancipated minor, as described in this Section.
of Emancipation. A child emancipated by order of the court shall
be considered to have the rights and responsibilities of an adult,
except those specific age requirements regarding voting, use of alcoholic
beverages, and other health and safety regulations relevant to him/her
because of his age. An emancipated child shall be considered as an
adult for all of the following:
The right to enter into enforceable contracts, including rental
The right to sue and be sued in his own name;
The right to retain his own earnings;
The right to establish a separate domicile;
The right to act autonomously in all business relationships, including
property transaction and obtaining accounts for utilities, except
for those estate or property matters that the Court determines may
require a conservator or a guardian ad litem;
The right to earn a living, subject only to the health and safety
regulations and tribal ordinances designed to protect those under
the age of majority regardless of their legal status;
The right to authorize his own preventive health care, medical care,
dental care, and mental health care, without parental knowledge
The right to marry;
The right, if a parent, to make decisions and give authority in
caring for his own minor child; and
The right to make a will.
728. POWER OF ATTORNEY. A parent, legal custodian, or
guardian (including tribal social service agencies), by a properly executed
power of attorney, may delegate to another person for a period not exceeding
six (6) months, any of the parent's, legal custodian's or guardian's
child, except the power to consent to marriage or adoption of a child
and the power to release a child for adoption.
729. LIMITED GUARDIANSHIP. The Court may appoint a temporary
guardian under such terms and conditions as the Court sets forth in
the written order. A temporary guardianship may be terminated if the
Court determines that it is in the best interests of the child to change
custody from the temporary guardian to a new guardian or to return the
child to the parent, guardian or custodian. The parent and the child's
extended family shall be granted liberal visitation rights unless deemed
inappropriate by the Court. A temporary guardianship shall be established
by parental consent only, and shall be revocable by the Court upon parental
730. CHILD PROTECTION RECORDS.
Division Records. A record of all hearings under this Chapter
shall be made and preserved. All Juvenile Division records shall be
confidential and shall not be open to inspection to any but the following:
The child's parent, guardian or custodian;
The child's counsel or court appointed special advocate;
The Juvenile Division personnel directly involved in the handling
of the case;
Any other person by order of the court, having legitimate interest
in the particular case or the work of the court.
Enforcement and Social Services Records. All law enforcement and
social services records shall be confidential and shall not be open
to inspection to any but the following:
The child's parent, guardian or custodian;
The child's counsel or court appointed special advocate.
Law enforcement and human services personnel including the Child
Welfare Committee and Case Management Team, directly involved in
the handling of the case;
The Juvenile Division personnel directly involved in handling of
Any other person by order of the court, having legitimate interest
in the particular case of the work of the court.
to Child Protection Records. Upon written request to the protective
services worker, child protection records shall be released under
the following procedures:
Records may be released only to a person identified in Subsection
The Tribal Social Services Department shall review the record to
determine which sections may be shared without revealing the identity
of the reporting person.
The name and other identifying information of the reporting person
need not be deleted if the entity requesting record access is a
law enforcement agency, a prosecuting attorney, or a child protection
agency of another jurisdiction.
In the event that compelling reasons exist for the release of the
reporting person's name, that person must authorize release of his
identity in writing. If the person does not do so, a court order
shall be requested for release of the name.
All information in the record shall be released, unless mental health
records in the file are subject to a statement from the mental health
provider that such records contain information which, if released,
might be harmful to the mental health client or others.
Any information released from child protection files shall be clearly
designated as confidential
Release of Confidential Information. Any person who permits or
encourages the unauthorized dissemination of information subject to
this Section shall a civil remedial forfeiture, not exceeding $5,000
for each action or omission. The Court may remit all or a portion
of the forfeiture to any person demonstrating harm from the dissemination.
and Grounds. A party may seek a rehearing or new trial by filing
a written motion stating the basis for the relief sought with thirty
(30) days after decision of disposition or supplemental disposition.
The Court may entertain an untimely motion for good cause shown. A
motion will not be considered unless it presents a matter not previously
presented to the Court, or presented but not previously considered
by the Court, which if true, would cause the Court to reconsider the
All parties must be given notice of the motion in accordance with
by Parties. Any response by parties must be in writing and filed
with the Court and opposing parties within seven (7) days
after notice of the motion.
The judge may affirm, modify, or vacate the decision previously made
in whole or in part, on the basis of the record, the memoranda prepared,
or a hearing on the motion, whichever the Court in its discretion
finds appropriate for the case.
The Court need not hold a hearing before ruling on a motion. Any hearing
conducted shall be in accordance with the rules for dispositional
hearing. The Court shall state the reasons for its decision on the
motion on the records or in writing.
The Court may stay any order pending a ruling on the motion.
can Appeal. Any party to a Juvenile Division hearing may appeal
a final Juvenile Division order to Court of Appeals. An order terminating
parental rights is appealable by right.
limit for Appeals. Any party seeking to appeal a final Juvenile
Division order shall file a written notice of appeal with the court
clerk within thirty (30) days of the final order.
Standard. The clearly erroneous standard shall be used in reviewing
the findings of the Juvenile Division on appeal.
For purposes of appeal, a record of the proceedings in the Juvenile
Division shall be made available to the child, his parent, guardian
or custodian, the child's and/ or parent's counsel and others upon
court order. Costs of obtaining this record shall be paid by the party
seeking the appeal.
of Order. An order of the Juvenile Division may be stayed upon
order of the Appellate Court.
of Proceedings. All appeals shall be conducted in accordance with
the Tribal Code and Tribal Court rules of procedure as long as those
provisions are not in conflict with the provisions of this Chapter.