Home

Back to Table of Contents

Mille Lacs Band Statutes Annotated

TITLE 8 - CHILDREN AND FAMILIES

Chapter
Section
1. General Provisions
1
2. Curfew - Repealed and replaced by Ordinance 31-03, June 11, 2003
71
3. Juvenile Offenders
101
4. Minors in Need of Care
201
5. Duty to Report Abuse and Neglect
301
6. Domestic Abuse Prevention
401
7. Termination of Parental Rights
501
8. Adoption and Foster Care
601
9. Guardianship and Conservatorship
701
10. Change of Name
801
11. Child Care
901
12. Child Support
2101

 

Historical and Statutory Notes

The Preamble of Band Statute 1096-MLC-28 provides:

"It is enacted, a code for protecting the general health and welfare of the people of the constituent Bands of the Mille Lacs Band of Chippewa Indians. The people of our constituent Bands represent the greatest natural resource that is available for our continued existence. In order to ensure that this resource will be available now and in the future, the government for the constituent Bands must take measures to ensure the freedom, safety, care and guidance of our people. As it is from the Great Spirit that these gifts are received by our people and we, in turn, have a cultural obligation to follow our traditional customs and beliefs in the best interest of perpetuating our existence. We, therefore, do this so that non-Indians may cherish the members of our Band when they have cause to interact with us. Let them be morally bound."

Band Statute 1096-MLC-28, § 45 provides:

"Section 45. Severability. If any provisions of this Chapter or the application thereof to any person, business, corporation or circumstances is held invalid, the invalidity shall not affect other provisions or application of this Chapter which can be given effect without the invalid provisions or application and to this end the provisions of this Chapter are declared severable."

Cross References

Assault and battery, civil causes of action, see 24 MLBSA § 251.
Persons capable of contracting, see 24 MLBSA § 106.

 

CHAPTER 1

GENERAL PROVISIONS

Section

1. Findings and determinations.
2. Reservation of right of amendment.
3. Definitions.
4. Jurisdiction of Court.
5. Transfer of jurisdiction.
6. Court participation in programs; grants-in-aid.
7. Social services.
8. Contracts for care and placement of minors.
9. Guardian Ad Litem.
10. Court to inform minor or parents.
11. Evidentiary standards.
12. Adjudication upon child status not conviction of crime.
13. Disposition or evidence not admissible in other proceedings.
14. Standard for shelter care and detention facilities.
15. Legal duties of Human Resource Officers and Child Social Workers.
16. Obligations of Solicitor General.
17. State of Minnesota: agreement regarding Indian child custody proceedings.


§ 1. Findings and determinations

(a) The Band Assembly hereby finds that the purpose of Chapters 1 to 10 of this title is to secure for each child who may come before the Court of Central Jurisdiction such care, guidance and control preferably in his own home, as will serve his welfare and the best interests of the Bands. To preserve and strengthen the child's family ties, to preserve and strengthen the child's cultural and ethnic identity. Additionally, to secure for any child who may be removed from his home the care, guidance and control as nearly equivalent as that which he should have been given by his parents to help him develop into a responsible, well adjusted adult and to improve any conditions or home environment which may be contributing to his delinquency. To this end, Chapters 1 to 10 of this title shall be liberally construed.

(b) The Band Assembly hereby finds that there is no resource that is more vital to the continued existence and integrity of the Band than our children and our elders and all the people who comprise the Non-Removable Mille Lacs Band of Chippewa Indians.

(c) The Band Assembly hereby finds that the state of Minnesota, exercising its concurrent jurisdiction over child custody proceedings through administrative and judicial bodies, has failed to recognize the essential relations of the constituent Bands and the cultural and social standards prevailing in our communities and families.

(d) The Band Assembly hereby finds and determines that it shall be the policy of the constituent Bands to protect the best interests of all children under the jurisdiction of the Bands and to promote stability and security of the constituent Bands and the families thereof, by establishing standards for the care of our children by choosing courses of action which least restrict the child's freedom and are consistent with the safety and interests of the constituent Bands of the Mille Lacs Band of Chippewa Indians.

(e) The Band Assembly hereby finds and determines that the purposes of Chapters 1 to 10 of this title shall be fulfilled by the creation of a special division under the Court of Central Jurisdiction.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 1.

 

§ 2. Reservation of right of amendment

The Band Assembly hereby fully reserves the right to alter, amend, or repeal the several provisions of Chapters 1 to 10 of this title, and all rights and privileges granted or extended hereunder shall be subject to such reserved rights.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 46.

 

§ 3. Definitions

For the purpose of Chapters 1 to 10 of this title the words and phrases shall have the meanings respectively ascribed to them:

(a) "Abandon" means when a parent leaves a child without communication or fails to support a child and there is no indication of the parent's willingness to assume his parental role for a period exceeding two years.

(b) "Adult" means any person subject to the jurisdiction of the Mille Lacs Band of Chippewa Indians who is eighteen years of age or older.

(c) "Court" means the Human Resources Division of the Court of Central Jurisdiction when exercising jurisdiction under Chapters 1 to 10 of this title.

(d) "Court Magistrate-Judge" means any (duly appointed, elected) judge of the Human Resources Division of the Court of Central Jurisdiction when exercising jurisdiction under Chapters 1 to 10 of this title.

(e) "Custodian" means one who has physical custody of a minor and who is providing food, shelter and supervision to him.

(f) "Delinquent Act" means an act, which if committed by an adult, is designated a crime under the laws of the state of Minnesota or is designated a crime under the tribal law and order code or tribal ordinance.

(g) "Detention" means the placement of a minor in an appropriate physically restrictive facility.

(h) "Extended Family" means a person who has reached the age of sixteen and who is the minor's grandparent, aunt, or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent, or made part of the extended family by tribal resolution, or as defined by the law of custom of the child's tribe.

(i) "Guardian" means a person other than the minor's parent who is by law responsible for that minor (but not the minor's property).

(j) "Guardian Ad Litem" means an adult appointed by the Court to prosecute or defend for a minor in any proceeding to which he may be a party.

(k) "Human Resource Officer" means any and all employees of the Mille Lacs Band of Chippewa Indians-Human Services Administration who are funded pursuant to any grant or contract to service any human assistance need of any person under the jurisdiction of the Band.

(l) "Indian Custodian" means an adult Band member who has reached the age of twenty-one in whom temporary physical care, custody and control has been transferred by the parent of such minor.

(m) "Juvenile Offender" means a person who commits a delinquent act prior to his eighteenth birthday.

(n) "Least Restrictive Alternative" means the terms in the code direct the Court to select the least drastic method of achieving its goal; the restrictions placed on the child must be reasonable related to the Court's objectives and must be the least restrictive way of achieving that objective. For example, the reason any person is held in detention before trial is to insure that the person will not leave the area, therefore, the only restraint on that person's freedom is the restriction on his freedom of movement. No other restriction such as mail censorship or being placed in solitary confinement is related to the stated purpose of pretrial detention.

(o) "Minor" means:

(1) A person under eighteen years of age.

(2) A person eighteen years of age or older concerning whom proceedings are commenced in the Court of Central Jurisdiction prior to his eighteenth birthday.

(3) A person eighteen years of age or older who is under the continuing jurisdiction of the Court of Central Jurisdiction.

(p) "Minor-in-need-of-care" means a minor who has no parent(s), guardian or custodian available who is capable and willing to care for him, or has suffered, or is likely to certainly 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 functions. Or, has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his parent(s), guardian or custodian necessary for his health and well-being. Or, has been sexually abused, or has been committing delinquent acts as a result of parental pressure, guidance or approval.

(q) "Parent" includes a natural or adoptive parent as defined by the Court of Central Jurisdiction, 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.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 29.

Cross References

Criminal causes of action, see 24 MLBSA § 1001 et seq.


§ 4. Jurisdiction of Court

(a) The Court of Central Jurisdiction is hereby conferred exclusive and original subject matter jurisdiction over any cause of action that may arise pursuant to Chapters 3 to 1 0 of this title.

(b) The Court shall have exclusive and original jurisdiction of the following proceedings:

(1) A minor is alleged to be a juvenile offender, unless the Court transfers jurisdiction to an exterior court;

(2) A minor is alleged to be a minor-in-need-of-care;

(3) Termination of parental rights;

(4) Adoption of a minor;

(5) Custody of or appointment of a custodian, conservator or a guardian for a minor;

(6) A mentally retarded or mentally ill minor;

(7) Child custody proceedings, as defined by the Indian Child Welfare Act, (25 U.S.C.A. § 1901 et seq.) if the minor is domiciled or resides on territories under the jurisdiction of the Band and

(8) Transfer of jurisdiction from any court of child custody proceedings, as defined by the Indian Child Welfare Act, if the minor is not domiciled or does not reside on territories under the jurisdiction of the Band.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 2, 3.


§ 5. Transfer of jurisdiction

(a) In any child custody transfer from any court, the Band has exclusive jurisdiction over child custody proceedings, as defined by the Indian Child Welfare Act, (25 U.S.C.A. § 1901 et seq.) If the minor is domiciled or resides on lands under the jurisdiction of the Band.

(b) The Band may petition for transfer from any court of jurisdiction over child custody proceedings, as defined by the Indian Child Welfare Act, if the minor is domiciled or resides exterior to lands under the jurisdiction of the Band.

(c) Upon receipt of transfer jurisdiction from any court, the Solicitor General shall file a minor-in-need-of-care petition and an adjudicatory hearing shall be held in accordance with this title.

(d) The Band agent for service of notice of state court child custody proceedings, as defined by the Indian Child Welfare Act, shall be the Commissioner of Human Services.

(e) The Band petition for transfer shall be filed by the Solicitor General or selected representative within five days of receipt of notice from a state court.

(f)

(1) The Band may intervene in state court child custody proceedings, as defined by the Indian Child Welfare Act at any point in the proceedings.

(2) The Solicitor General or selected representative shall file a motion to intervene within five days of receipt of notice from a state court.

(g)

(1) If a parent or Indian custodian petition to state court for transfer of jurisdiction is granted, the Court shall not refuse to accept such transfer.

(2) The Court shall accept all state court transfers of child custody proceedings.

(h) If the Band's petition for transfer is granted or if a parent or Indian custodian's petition for transfer is granted, the Band shall expeditiously transfer the minor to the jurisdiction of the Band.

(i) Upon receipt of transfer jurisdiction from state court, the Solicitor General shall file a minor-in-need-of-care petition and an adjudicatory hearing shall be held in accordance with this title.

(j) The Court shall give full faith and credit to other tribes' child custody court orders, as defined by the Indian Child Welfare Act.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 2.04, 3.01 to 3.06.


§ 6. Court participation in programs; grants-in-aid

The Court is authorized to cooperate fully with any federal, tribal, public or private agency to participate in any diversion, rehabilitation or training programs and to receive grants-in-aid to carry out the purpose of Chapters 1 to 10 of this title, subject to appropriation of all funds by the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 2.01.


§ 7. Social services

The Court shall utilize such social services as may be furnished by any tribal or federal agency, provided that they are economically administered without unnecessary duplication and expense.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 2.02.


§ 8. Contracts for care and placement of minors

The Court may negotiate a contract, on behalf of the Band with tribal or federal agencies and departments for the care and placement of minors whose status is adjudicated under this Court, subject to ratification by the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 2.03.


§ 9. Guardian Ad Litem

(a) The Court, at any stage of a proceeding, may appoint a Guardian Ad Litem for a minor who is a party, if the minor has no parent, guardian or custodian appearing on behalf of the minor or if their interests conflict with those of a minor.

(b) The Court, under any proceeding authorized by Chapters 1 to 10 of this title, shall appoint for the purposes of that proceeding a Guardian Ad Litem for a minor where the Court finds that the minor does not have a natural or adoptive parent, guardian or custodian willing and able to exercise effective guardianship.

(c) The duties of the Guardian Ad Litem shall be to represent the minor's interest in any proceeding as required by the Court and make recommendations to the Court on disposition.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 4.04, 32.


§ 10. Court to inform minor or parents

At his first appearance before the Court, the minor, who is alleged to be a juvenile offender, the parent(s), guardian or custodian, when a minor is alleged to be a minor-in-need-of-care, and the parent(s), in a termination of parental rights proceeding, shall be informed by the Court of:

(a) The allegations against him;

(b) The right to an attorney at his own expense;

(c) The right to testify or remain silent and that any statement made by him may be used against him;

(d) The right to cross-examine witnesses;

(e) The right to subpoena witnesses on his own behalf; and

(f) The possible consequences if the allegations of the petition are found to be true.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 4.05.

Cross References

Admission of juvenile offender allegations, see 8 MLBSA § 135.
Basic rights of children taken into custody, see 8 MLBSA § 105.
Due process of law, see 1 MLBSA § 8.
Minor-in-need-of-care proceedings, parent, guardian or custodian informed of right to attorney, see 8 MLBSA § 210.
Right to confront witnesses, obtain witnesses and have assistance of counsel, see 1 MLBSA § 6.


§ 11. Evidentiary standards

In all cases before the Human Resource Division, the judge/justice shall utilize a clear and convincing standard of proof.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 34.


§ 12. Adjudication upon child status not conviction of crime

No adjudication upon the status of any child in the jurisdiction of the Court shall be deemed criminal or a conviction of a crime.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 2.05.


§ 13. Disposition or evidence not admissible in other proceedings

The disposition of a child or of evidence given shall not be admissible as evidence against the child in any proceedings in another court.

 

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 2.06.


§ 14. Standard for shelter care and detention facilities

(a)

(1) The Chief Justice of the Court of Central Jurisdiction shall prescribe and enforce rules and regulations governing the operation of detention and shelter care facilities. He may assign the responsibilities to another qualified tribal agency.

(2) The rules and regulations shall include, but are not limited to the following:

(A) Cleanliness standards,

(B) Heat, water and light standards,

(C) Personnel standards,

(D) Visitation privileges,

(E) Occupancy standards,

(F) Provisions for medical and dental care and

(G) Provisions for food, furnishing, clothing and toilet articles.

(b) The Chief Justice of the Court of Central Jurisdiction shall prescribe and enforce written policies and procedures governing the administration of detention and shelter care facilities. Such policies and procedures shall include, but are not limited to the following:

(1) A minor shall not be punished, ridiculed or criticized for expressing through speech, custom or dress, the minor's Indian and tribal heritage.

(2) A minor shall be allowed to wear his hair according to his personal taste. The minor shall not be punished, ridiculed or criticized for the hairstyle he selects.

(3) A minor may wear his own clothes rather than clothes supplied by the detention facility, as long as they comply with minimum standards of cleanliness.

(4) Incoming and outgoing mail may be inspected for contraband, but shall not be read.

(5) Whenever possible, the minor shall be allowed to attend the school in which he is enrolled. School work and educational assistance, at the minor's level of development, shall be provided for the minor in detention facilities.

(6) A minor shall be allowed to attend traditional ceremonials provided that he is accompanied by a parent, guardian or custodian, has received consent to do so by the child's Court Counselor, parent or custodian, who has been delegated the authority to consent from the judge/justice of the Court of Central Jurisdiction and returns immediately to the detention or shelter care facility

(7) A minor shall be allowed to attend the funeral and any related activities of his brother, sister, mother, father, aunt, uncle, grandmother grandfather or cousin, whether they be natural or adopted provided that:

(A) His parent, guardian or custodian request and receive permission from the judge/justice of the Human Resource Division and

(B) He is accompanied by a parent, guardian or custodian and

(C) He return immediately to the shelter care or detention facility.

(8) A minor shall be given the opportunity to engage in physical exercise every day.

(9) A minor shall not be locked alone in a room unless there exists a reasonable belief that he may cause physical injury to himself or others if not locked alone. An emergency fire exit must be accessible and toilet facilities must be available to the minor. While a minor is locked alone in a room, he must be visited at least once an hour. The confinement shall not exceed a four hour time period.

(10) A minor shall not be punished by physical force, solitary confinement or deprivation of meals or family visits.

(11) A minor in a detention facility shall not be required to perform work duties, excepting household chores.

(c) A judge/justice shall have the authority to close any facility in violation of this section.

 

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 33.

Cross References

Duties of chief Justice, see 5 MLBSA § 114.


§ 15. Legal duties of Human Resource Officers and Child Social Workers

(a) The Human Resource Officer and Child Social Workers shall carry out duties conferred throughout Chapters 1 to 10 of this title. The Human Resource Officer and Child Social Workers duties do not include acting on behalf of the Band against the child. Their sole responsibility is to serve as a friend of the child, on the child's behalf and in the child's best interest.

(b) The duties and responsibilities of the Human Resources Officer and Child Social Worker of the Band shall include, but not be limited to, the following:

(1) Make investigations as provided in this title, or as directed by the Court;

(2) Make reports to the Court as provided in this title or as directed by the Court;

(3) Conduct informal hearings with the minor and the minor's parent(s), guardian or custodian;

(4) Place a minor in detention or shelter care as provided in this title; and

(5) Perform such other duties in connection with the care, custody or transportation of minors as the Court may require.

(c) The Human Resource Officer must have an educational background and/or prior experience in the field of delivering social services to youth.

(d) The Human Resource Officer shall identify and develop resources on the reservation designed to enhance each minor's potential as a viable member of the Band community.

(e) The Human Resource Officer shall not be employed at or perform the duties of a prosecutor, Solicitor General or law enforcement official.

(f) The Human Resource Officer shall not testify against any minor in any proceeding under this title or any adjudicatory proceeding.

 

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 30.

 


§ 16. Obligations of Solicitor General

(a) The Solicitor General shall represent the people of the constituent Band of the Mille Lacs Band of Chippewa Indians under Chapters 1 and 3 to 10 of this title.

(b) The Solicitor General's duties shall include, but not be limited to:

(1) Filing petitions with the Court as provided in Chapters 1 and 3 to 10 of this title;

(2) Representing the Band in all proceedings under Chapters 1 and 3 to 10 of this title; and

(3) Performing such other duties as the Court may order.

 

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 31.

Cross References

Duties of Solicitor General, see 4 MLBSA § 18.


§ 17. State of Minnesota: agreement regarding Indian child custody proceedings

The Band Assembly hereby authorized the Chief Executive to officially notify the state of Minnesota-Commissioner of Department of Human Services of the intention of the Mille Lacs Band of Chippewa Indians to revoke the agreement regarding Indian Child Custody Proceedings with cause following a minimum of thirty days after delivery of said written notice to the Commissioner of Human Services. The revocation shall not affect any action or proceeding over which a state court has previously assumed jurisdiction.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 36.

 

CHAPTER 2

CURFEW



Ordinance 31-03


An Ordinance providing for the safety of the Mille Lacs Band of Ojibwe Indians on Band lands through the amendment of the Curfew Ordinance.

The District I Representative introduced the following Bill on the 11th day of June, 2003.


Preamble:
This Ordinance shall regulate the conduct of juveniles in Public Places during night time hours for the purposes of protecting Juveniles from criminal activities, preventing Juveniles from committing crimes, enhancing parental control of their Juvenile children and protecting the peace and well-being of the community.


Section 101. Purposes and Findings:

1. This Ordinance repeals and replaces Title 8 MLBSA §§ 71 and 72 and 24 MLBSA § 1261.

2. The Mille Lacs Band of Ojibwe Indians finds that there has been an increase in violence and crime by and against Juveniles on Band Lands in recent years.

3. The lack of maturity and experience makes Juveniles more susceptible to becoming victims or perpetrators of crimes.

4. The Mille Lacs Band finds that the increase in criminal activity by and against Juveniles creates a need for an Ordinance that will address the causes of the problem and aid in the prevention of crime.


Section 102. Definitions.

1. Authorized Adult. An Authorized Adult is any person who is at least eighteen (18) years of age and authorized by a Parent to have custody and control of a Juvenile.

2. Band Lands. Band Lands means lands owned by or held in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians, or one or more members of the Mille Lacs Band of Ojibwe Indians, and subject to the jurisdiction of the Mille Lacs Band.

3. Emergency. Emergency means an unforeseen circumstance that call for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

4. Juvenile. Juvenile means a person under the age of eighteen (18) years but does not include a person under eighteen (18) years of age who is married or has been legally emancipated.

5. Knowingly. Knowingly means an action or inaction that is taken with such knowledge as a Parent or Authorized Adult is reasonably expected to have concerning the whereabouts of the Juvenile in his or her care, or such knowledge as a Person Operating a place of business is reasonably expected to have concerning the persons on the premises of such business.

6. Parent. Parent means any person having legal custody of a Juvenile: (a) as a natural parent, adoptive parent or step-parent; (b) as a legal guardian; or, (c) pursuant to a court order.

7. Public Place. A public place means any public or private location or area open to the public and includes, but is not limited to, streets, highways, roads, parks, public recreation areas, entertainment or civic facilities, schools, and the common areas of hospitals, clinics, apartment houses, office buildings, garages and shops.

8. Serious Bodily Harm. Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death or serious or permanent disfigurement, loss or protracted impairment of the function of any bodily member or organ.

9. Person Operating. Person Operating means any individual, corporation, association, partnership, or other business entity managing a place of business on Band Lands that is open to the public.


Section 103. Prohibited Acts.

1. In accordance with the cultural law of the Mille Lacs Band of Ojibwe Indians, all children under the chronological age of ten (10) who are subject to the jurisdiction of the Mille Lacs Band shall be subject to curfew that shall commence at the time the sun is fully set in the western sky. Except as provided in Section 104 of this Ordinance, it is unlawful for such a child to be present in any Public Place on Band Lands without a Parent or Authorized Adult from sunset to sunrise.

2. Except as provided in Section 104 of this Ordinance, it is unlawful for a Juvenile who is subject to the jurisdiction of the Mille Lacs Band to be present in any Public Place on Band Lands without a Parent or Authorized Adult:

a) between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:00 a.m. of the following day; or

b) between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. of the following day.

3. Any Parent or Authorized Adult subject to the jurisdiction of the Mille Lacs Band who knowingly or through negligent supervision permits a Juvenile to be present at any Public Place in violation of paragraphs 1 or 2 of this section shall be guilty of a civil misdemeanor.

4. Any Person Operating or otherwise in charge of any Band-owned business to knowingly permits any Juvenile to be present at any Public Place maintained by such business in violation of paragraphs 1 or 2 of this section shall be guilty of a civil misdemeanor.


Section 104. Exceptions.

It shall not be unlawful under Section 103 of this Ordinance for a Juvenile to be present at a Public Place at any time if:

a) the Juvenile is accompanied by a Parent or Authorized Adult;

b) the Juvenile is involved in, or attempting to remedy, alleviate or respond to, an Emergency.

c) the Juvenile is engaged in lawful employment or while traveling to and from such employment;

d) the Juvenile is attending an activity that is sponsored by a school or religious organization, a traditional ceremony, or other social or recreational activity supervised by adults, or is reasonably traveling to and from such activity; or

e) the Juvenile, with the authority of a Parent, is on the public right-of-way, boulevard or sidewalk abutting the Juvenile's residence.


Section 105. Prosecution.

1. A prosecution for a violation of Section 103 of this Ordinance may only be initiated by the Solicitor General's Office. To initiate such a prosecution, the Solicitor General's Office must file a complaint in the Court of Central Jurisdiction within ninety (90) days of the date on which the violation occurred. The complaint shall contain:

a) a citation to the specific provision(s) of this Ordinance allegedly violated; and

b) the name, age and address, if known, of the defendant and, if the defendant is a Juvenile, of his or her parents, if known; and

c) a plain and concise statement of the facts upon which the allegations are based.

2. The complaint must be personally served on the defendant within seven (7) days after it is filed in the Court of Central Jurisdiction. If the defendant is out of the jurisdiction of the Mille Lacs Band of Ojibwe Indians or is otherwise unable to be personally served, the seven (7) day period shall begin after the defendant has been located within the jurisdiction of the Mille Lacs Band.

3. Preliminary Inquiry.

a) A preliminary inquiry shall be held within thirty (30) days after the complaint has been filed and the defendant has been properly served, unless the Court finds good cause to the contrary. In no event shall a preliminary inquiry take place later than forty-five (45) days after the complaint has been filed and the defendant has been properly served.

b) The defendant shall enter a plea of guilty or not guilty at the preliminary inquiry. If the defendant stands mute or refuses to enter a plea, then the Court shall enter a plea of not guilty for the defendant.

4. Pretrial Hearing and Adjudicatory Hearing.

The Court shall schedule a pretrial hearing to be held within fifteen (15) days after the preliminary hearing, and an adjudicatory hearing to be held within forty-five (45) days after the preliminary hearing. The time for the pretrial hearing and adjudicatory hearing may be extended if the defendant agrees to waive the time limits.

5. Confidentiality of Records.

All court records under this Ordinance shall be confidential and shall not be open to the public for inspection. Any conviction of a Juvenile under this Ordinance shall become sealed once the Juvenile reaches eighteen (18) years of age.

6. Appeal.

Appeals shall be conducted according to 24 MLBSA § 2501 et seq. A party may appeal a final Order by filing with the Clerk of the Court a written Notice of Appeal within thirty (30) days of the date the Order was filed.


Section 106. Affirmative Defenses.

It shall be an affirmative defense to prosecution under Section 103(4) of this Ordinance that:

a) the owner, manager or employee of any business or other enterprise open to the public promptly notified the Mille Lacs Band police department that a Juvenile was present on the premises in violation of Section 103(1) or (2) and refused to leave when requested; or

b) the owner, manager or employee reasonably relied upon the Juvenile's representation as to proof of age. Proof of age may be established by Band identification, State driver's license, school identification card, or other verifiable means.


Section 107. Reasonable Grounds.

A police officer may make an arrest or issue a citation under this Ordinance if the officer has reasonable grounds to believe that a violation of this Ordinance has occurred and no exception applies.


Section 108. Penalties.

1. Except as otherwise provided in this Ordinance, violations of Sections 103 (1) - (3) will be prosecuted pursuant to 8 MLBSA Chapter 3 and will be subject to the penalties therein. In addition, the Court shall also sentence the Juvenile and/or the Juvenile's Parent(s) or Authorized Adult(s) as follows:

a) The first offense shall be punishable by a fine of $25.00.

b) The second offense shall be punishable by a fine of $50.00.

c) The third and any additional offenses shall be punishable by a fine of $75.00. In addition, the Court shall require the Mille Lacs Band's Family Services Department to investigate the Juvenile's social and education background for the purposes of making a recommendation to the Office of Solicitor General as to whether a Petition For a Child In Need Of Protective Services (CHIPS) is required.

d) Nothing in this section shall preclude the Court from alternative sentencing if deemed in the best interest of the Juvenile.

e) If a Juvenile cannot pay the fine imposed by the Court under this section, the Juvenile's Parent(s) or Authorized Adult(s) shall pay the fine.

2. A violation of Section 103(4) shall be a civil misdemeanor and punishable by a fine not to exceed $100.00 and/or other alternative sentencing, as deemed necessary by the Court.


Section 109. Severability.

If the Court of Central Jurisdiction adjudges any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in the judgment.


Section 110. Sovereign Immunity.

Nothing contained in this Ordinance shall be construed as a waiver of sovereign immunity of the Mille Lacs Band of Ojibwe Indians.



CHAPTER 3

JUVENILE OFFENDERS

Section
101. Juvenile offender complaint.
102. Warrants.
103. Custody.
104. Law enforcement officer's duties.
105. Basic rights of children taken into custody.
106. Fingerprints and photographs.
107. Questioning in custody.
108. Line-up for identification.
109. Court Counselor's duties.
110. Detention pending hearing.
111. Detention in jail.
112. Preliminary inquiry-minor placed in detention or shelter care.
113. Preliminary inquiry-minor not in detention or shelter care.
114. Notice of preliminary inquiry.
115. Presence of parent, guardian or custodian at preliminary inquiry.
116. Probable cause.
117. Release to responsible adult.
118. Continued detention or shelter care.
119. Dismissal of complaint.
120. Investigation by Human Resource Officer.
121. Informal hearing.
122. Notice of informal hearing.
123. Subpoenas.
124. Inadmissibility of statements.
125. Informal adjustment.
126. Progress reviews.
127. Petition.
128. Date of adjudicatory hearing.
129. Continuance.
130. Summons.
131. Adjudicatory hearing.
132. Testimony at adjudicatory hearing.
133. Burden of proof; finding.
134. Appealability of finding.
135. Admission of allegations.
136. Predispositional report.
137. Medical examination.
138. Dispositional hearing.
139. Notice of dispositional hearing.
140. Evidence.
141. Dispositional orders.
142. Appealability of dispositional order.
143. Modification of dispositional order.
144. Record of hearings.
145. Confidentiality of court records.
146. Confidentiality of law enforcement records.
147. Destruction of records.
148. Appeal.
149. Contempt of court.

 

Cross References

Compulsory attendance of school age pupils see 9 MLBSA § 19.
Contributing to delinquency of minor, see 24 MLBSA § 1260.
Criminal procedure, juvenile delinquency, see 24 MLBSA § 4301 et seq.
Liquor violations, see 24 MLBSA § 1258.
Prohibited drugs, consumption by minors, see 23 MLBSA § 5.


§ 101. Juvenile offender complaint  

A complaint may be filed by a person who has knowledge of the facts alleged. The complaint shall be signed by the complainant. The complaint shall contain:

(a) A citation to the specific statutory provisions of this title which give the Court jurisdiction of the proceedings,

(b) A citation to the Mille Lacs Band Statutes Annotated provision or custom and tradition which the minor is alleged to have violated,

(c) Name, age and address of the minor who is the subject of the complaint,

(d) The name and address of parents, custodian or guardian, if known and

(e) A plain and concise statement of the facts upon which the allegations are based, including the date, time and location at which the alleged facts occurred.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 6.

Cross References

Minor-in-need-of-care complaint, see 8 MLBSA § 201.


§ 102. Warrants

(a) The Court may issue a warrant directing that a minor be taken into custody if the Court finds probable cause to believe the minor has committed the acts alleged in the complaint, and there is probable cause to believe that the child will not appear for a hearing, or is in immediate and serious emotional or physical harm or would commit additional criminal offenses.

(b) The Court may issue a warrant authorizing a law enforcement officer to search for a minor if there is probable cause to believe that the minor is within the Court's jurisdiction and a custodial warrant has been issued for the alleged juvenile offender.

(c) The Court may issue a warrant authorizing a law enforcement officer to search for and seize property when the property has been obtained or is possessed in a manner which constitutes a delinquent act; or is designed or intended for use, or which is, or has been used as a means of committing a delinquent act; or would be material evidence in a juvenile offender proceeding.

(d) The Court may issue a warrant for a person's arrest immediately upon the failure to appear, either in person or by counsel, in Court as directed for contempt of court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 7.

Cross References

Criminal procedure. Warrant, summons and arrest, see 24 MLBSA § 4101 et seq.
Unreasonable searches and seizures, see 1 MLBSA § 2.

§ 103. Custody

A minor may be taken into custody by a law enforcement officer if:

(a) The officer has reasonable grounds to believe a delinquent act has been committed and that the minor has committed the delinquent act; or

(b) The minor is found in surroundings or conditions which pose an immediate and serious threat of emotional or physical harm; or

(c) A Warrant pursuant to 8 MLBSA § 102 has been issued for the minor.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 8.

Cross References

Criminal procedure, Warrant, summons and arrest, see 24 MLBSA § 4101 et seq.


§ 104. Law enforcement officer's duties

A law enforcement officer who takes a minor into custody pursuant to 8 MLBSA § 103 shall proceed as follows.

(a) An arresting officer shall give the warnings listed in 8 MLBSA § 105 to any minor he takes into custody prior to any questioning.

(b) An arresting officer shall release the minor to the minor's parent, guardian or custodian, and issue verbal counsel or warning as may be appropriate, unless shelter care or detention is necessary.

(c) If the minor is not released, an arresting officer shall make immediate and recurring efforts to notify the minor's parent, guardian or custodian to inform them that the minor has been taken into custody and inform them of their right to be present with the minor until an investigation to determine the need for shelter care or detention is made by the Human Resource Officer pursuant to 8 MLBSA § 109. If the minor is not released, the minor shall be taken immediately to the Human Resource Officer by the arresting officer.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 9.

Cross References

Criminal procedure, Warrant, summons and arrest, see 24 MLBSA § 4101 et seq.


§ 105. Basic rights of children taken into custody

At the time a minor is taken into custody as a juvenile offender, the arresting officer shall give the following warning:

The minor has a right to remain silent. Anything the minor says can be used against the minor in court as he is presumed to be guilty until he can prove his innocence. The minor has a right to the presence of an attorney, parents or person of his choice during questioning. If he cannot afford an attorney, the Court is not required to provide free legal service, the Court will assist the minor in obtaining the services of any attorney through available services and parents of the minor cannot waive these rights for the minor.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 4.

Cross References

Assistance of counsel, see 1 MLBSA § 6.
Court to inform minor of rights, see 8 MLBSA § 11.
Due process of law, see 1 MLBSA § 8.
Self-incrimination in criminal proceeding, see 1 MLBSA § 4.


§ 106. Fingerprints and photographs

(a) An alleged juvenile offender shall not be fingerprinted or photographed without the consent of the Court.

(b) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reasonable grounds to believe that the fingerprints are those of a minor in custody, he may fingerprint the minor for the purpose of immediate comparison with the latent fingerprints, only with the consent of the Court. Copies of the fingerprints shall be immediately destroyed, if the comparison is negative, or if the minor is not referred to the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 4.02, 25.


§ 107. Questioning in custody

A minor alleged to be a juvenile offender who is taken into custody and placed in detention or shelter care shall not be questioned except to determine identity.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 4.01.


§ 108. Lineup for identification

The Court may authorize a lineup that includes a minor in custody as an alleged juvenile offender for identification purposes only if the minor and the minor's parent, guardian or custodian give their written consent and the minor is represented by Counsel at the time of the lineup.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 24.


§ 109. Court Counselor's duties

(a) The Court Counselor shall not place a minor in detention unless a complaint is filed in accordance with 8 MLBSA § 101 or the court orders that a minor be taken into custody pursuant to 8 MLBSA § 102.

(b) If the minor's parent, guardian or custodian has not been contacted, the Court Counselor shall make immediate and recurring efforts to inform them that the minor has been taken into custody and release the minor to the parent, guardian or custodian, unless detention or shelter care is immediately necessary.

(c) If a minor is not released to his parent, guardian or custodian, the Court Counselor shall place the minor in detention or shelter care, pending the preliminary inquiry.

(d) If a minor is not released to his parent, guardian or custodian, the Court Counselor shall immediately explore alternative preadjudication custody arrangements and prepare recommendation for temporary care and custody for presentation at the preliminary inquiry.

 

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 10.


§ 110. Detention pending hearing

A minor alleged to be a juvenile offender may be detained, pending a court hearing, in the following places:

(a) A foster care facility on the reservation licensed or approved by the Band;

(b) A detention home on the reservation approved by the Band; or

(c) A private family home on the reservation approved by the Band.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28 § 11.

Cross References

Minors-in-need-of-care, shelter care, see 8 MLBSA § 206.
Standard for shelter care and detention facilities, see 8 MLBSA § 15.


§ 111. Detention in jail

A minor who is sixteen years of age or older may be detained in a county jail or facility used for the detention of adults only if:

(a) A facility in 8 MLBSA § 110 is not available or would not assure adequate supervision of the minor;

(b) Detention is in a cell separate, but not removed, from sight and sound of adults, whenever possible;

(c) Adequate supervision is provided twenty-four hours a day.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 11.01.


§ 112. Preliminary inquiry-minor placed in detention or shelter care

(a) If a minor is placed in detention or shelter care by the Human Resource Officer pursuant to 8 MLBSA § 109(c), the Court shall conduct a preliminary inquiry within twenty-four hours for the purpose of determining whether probable cause exists to believe the minor committed the alleged delinquent act and whether continued detention or shelter care is necessary, pending further proceedings.

(b) The minor must be released to parent, guardian, custodian or other suitable person, unless there is reason to believe that the child would endanger himself or others; not return for a court hearing; not remain in care or control of the person the child is to be released to; or that the child's health or welfare would be endangered.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.


§ 113. Preliminary inquiry-minor not in detention or shelter care

If a minor has been released to his parent, guardian or custodian, the Court shall conduct a preliminary inquiry within three days after receipt of the complaint for the sole purpose of determining whether probable cause exists to believe the minor committed the alleged delinquent act.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.01.


§ 114. Notice of preliminary inquiry

(a) Notice of the preliminary inquiry shall be given to the minor and his parent, guardian or custodian and their counsel as soon as the time for the inquiry has been established. The notice shall contain:

(1) The name of the court;

(2) The title of the proceedings;

(3) A brief statement of the substance of the allegations against the minor; and

(4) The date, time and place of the preliminary inquiry.

(b) The notice shall be delivered by a law enforcement officer, or an appointee of the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.03.


§ 115. Presence of parent, guardian or custodian at preliminary inquiry

If the minor's parent, guardian or custodian is not present at the preliminary inquiry, the Court shall determine what efforts have been made to notify and to obtain the presence of the parent, guardian or custodian. If it appears that further efforts are likely to produce the parent, guardian or custodian, the Court shall recess for not more than twenty-four hours and direct the Human Resource Officer to make continued efforts to obtain the presence of a parent, guardian or custodian.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §12.02.


§ 116. Probable cause

The circumstances that give rise to the complaint or the taking of the minor into custody and the need for detention or shelter care. If the Court finds that probable cause exists to believe the minor performed the delinquent act, the minor may be released to his parents and ordered to appear at the adjudicatory hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.04.


§ 117. Release to responsible adult

If the act is serious enough to Warrant continued detention or shelter care and there is reasonable cause to believe the minor will run away so that he will be unavailable for further proceedings or there is reasonable cause to believe that the minor will commit a serious act causing damage to person or property, the Court may release the minor to a relative or other responsible adult tribal member, if the parent, guardian or custodian of the minor consents to the release. If the minor is ten years of age or older, the minor and his parent, guardian or custodian must both consent to the release.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.05.


§ 118. Continued detention or shelter care

Upon a finding that probable cause exists to believe that the minor committed the alleged delinquent act and that there is a need for detention or shelter care and the minor's detention or shelter care shall be continued, the Court shall consider the Court Counselor's recommendation prepared pursuant to 8 MLBSA § 109(d).

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 118.


§ 119. Dismissal of complaint

If probable cause exists to believe the minor committed the alleged delinquent act and the need for detention or shelter care is not found, the complaint shall be dismissed with or without prejudice and the minor released.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.061


§ 120. Investigation by Human Resource Officer

(a) The Human Resource Officer shall make an investigation within twenty-four hours of the preliminary inquiry or the release of the minor to determine whether the interests of the minor and the Band require that further action be taken.

(b) Upon the basis of his investigation, the Human Resource Officer may recommend that no further action be taken. Suggest to the minor, his parent, guardian or custodian that they appear for an informal hearing pursuant to 8 MLBSA § 121 et seq.; a petition be filed; or a transfer petition be filed.

(c) The Human Resource Officer may recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 127 in the Court to initiate further proceedings. The petition shall be filed within forty-eight hours if the minor is in detention or shelter care. If the minor has been previously released to his parent, guardian, custodian, relative or responsible adult, the petition shall be filed within five days.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 13.


§ 121. Informal hearing

The Human Resource Officer may hold an informal conference with the minor and the minor's parent, guardian or custodian to discuss alternatives to the filing of a petition if:

(a) The admitted facts bring the case within the jurisdiction of the Court;

(b) An informal adjustment of the matter would be in the best interest of the minor and the Band; and

(c) The minor and his parent, guardian or custodian consent to an informal adjustment with knowledge that the consent is voluntary.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 14.


§ 122. Notice of informal hearing

(a) Notice of the informal hearing shall be given to the minor and his parent, guardian or custodian and their counsel as soon as the time for the hearing has been established.

(b) The notice shall contain:

(1) The name of the Court;

(2) The title of the proceeding; a brief statement of the substance of the allegation against the minor; and

(3) The date, time and place of the informal hearing.

(c) The notice shall be delivered by a law enforcement officer or an appointee of the Court. If the notice cannot be delivered personally, the notice shall be delivered by registered mail.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28§ 14.01.


§ 123. Subpoenas

The provisions of 8 MLBSA §§ 121 to 126 do not authorize the Human Resource Officer to compel any person to appear at any conference, produce any papers or visit any place.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 14.03.


§ 124. Inadmissibility of statements

No statement made during the informal hearing may be admitted into evidence at an adjudicatory hearing or any proceedings against the minor under this chapter.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 14.02.


§ 125. Informal adjustment

(a) At the informal hearing, the Human Resource Officer may:

(1) Refer the minor and the parent, guardian or custodian to the community agency for needed assistance.

(2) Order terms of supervision calculated to assist and benefit the minor which regulate the minor's activities and which are within the ability of the minor to perform.

(3) Accept an offer of restitution, if voluntarily made by the minor.

(4) Recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 127.

(b) Any informal adjustment period shall not exceed six months.

(c) The Human Resource Officer shall set forth in writing the agreements and conclusions reached at the informal hearing and the disposition agreed to by the parties for remedying the situation.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 14.04 to 14.06.


§ 126. Progress reviews

The Human Resource Officer shall review the minor's progress every thirty days. If, at anytime after the initial thirty day period, the Human Resource Officer concludes that positive results are not being achieved, the Human Resource Officer shall recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 127.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 14.07.


§ 127. Petition

(a) Proceedings under this chapter shall be instituted by a petition filed by the Solicitor General on behalf of the Band and in the interests of the minor. The Solicitor General shall file no petition with the Court unless the Commissioner of Human Services shall certify to the facts contained therein. No Human Resource Officer shall certify to any facts contained therein on any petition, however this shall not relieve any Human Resource Officer from civil liability for malfeasance in the performance of their official duties.

(b) The petition shall state:

(1) The name, birthdate and residence of the minor.

(2) The names and residences of the minor's parent, guardian or custodian.

(3) A citation to the specific statutory provision of this title which gives the Court jurisdiction of the proceedings.

(4) A citation to the Mille Lacs Band Statutes Annotated provision which the minor is alleged to have violated.

(5) If the minor is in detention or shelter care, the place of detention or shelter care and the time he was taken into custody.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 15.


§ 128. Date of adjudicatory hearing

(a) Upon receipt of the petition, the Court Clerk shall set a date for the hearing which shall not be more than five days after the Court received the petition from the Solicitor General. Mediation required pursuant to statute shall be waived, if the adjudicatory hearing is not held within ten days after the filing of the petition.

(b) Trial upon the merits shall commence within thirty days of filing of the complaint or be dismissed with or without prejudice.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 13, 16.


§ 129. Continuance

(a) If the hearing is continued upon motion of the minor, the petition shall be dismissed and cannot be filed again.

(b) The hearing is continued upon motion of the Solicitor General by reason of the unavailability of material evidence or witnesses and the Court finds the Solicitor General has exercised due diligence to obtain the material or evidence and reasonable grounds exist to believe that the material or evidence will become available.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 16.01.


§ 130. Summons

(a) At least five days prior to the adjudicatory hearing, the Court shall issue summons to:

(1) The minor;

(2) The minor's parent, guardian or custodian;

(3) Any person the Court believes necessary for the proper adjudication of the hearing; and

(4) Any person the parties believe necessary for the proper adjudication of the hearing.

(b) The summons shall contain:

(1) The name of the Court;

(2) The title of the proceedings; and

(3) The date, time and place of the hearing.

(c) A copy of the petition shall be attached to the summons.

(d) The summons shall be delivered personally by a tribal law enforcement officer or appointee of the Court. If the summons cannot be delivered personally, the Court may deliver the summons by registered mail.

(e) If a person who has been issued a summons fails to appear at the hearing, that person shall be held in contempt of court and a bench Warrant shall be issued.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 16.04.


§ 131. Adjudicatory hearing

An adjudicatory hearing shall be conducted within ten days of receipt of the petition by the Court. The adjudicatory hearing shall be held for the sole purpose of determining the guilt or innocence of a juvenile offender or for determining if the minor is a minor-in-need-of-care.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 17.


§ 132. Testimony at adjudicatory hearing

(a) The Court shall hear testimony concerning the circumstances which gave rise to the complaint.

(b) No evidence that would be inadmissible in a civil proceeding shall be admitted.

(c) The parties shall have the right to cross-examine and present witnesses.

(d) Human Resource Officers shall testify at any Court hearing to which they have factual knowledge of the circumstances surrounding the cause of action.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 15, 17.01 to 17.03.


§ 133. Burden of proof; finding

If the allegations of the petition are sustained by proof beyond a reasonable doubt, the Court shall find the minor to be a juvenile offender and proceed to the dispositional hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 17.04.


§ 134. Appealability of finding

A finding that a minor is a juvenile offender constitutes a final order for purpose of appeal.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 16.02.


§ 135. Admission of allegations

If the minor admits the allegations of the petition, the Court shall proceed to the dispositional stage only if the Court finds:

(a) The minor fully understands his rights as set forth in 8 MLBSA § 11 and fully understands the potential consequences of his admission.

(b) The minor voluntarily, intelligently and knowingly admits to all facts necessary to constitute a basis for Court action.

(c) The minor has not, in his purported admission to the allegations, set forth facts which, if found to be true, constitute a defense to the allegations.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 16.03.


§ 136. Predispositional report

(a) The Human Resource Officer shall prepare and present a written report to the Court at least one day before a dispositional hearing.

(1) The report shall contain a place for the care and assistance to the minor or his parents, guardian or custodian which is calculated to resolve the problems presented in the petition.

(2) The report shall contain a detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the minor under the proposed plan.

(3) Preference shall be given to the dispositional alternatives which are listed in 8 MLBSA § 141 and select that which is the least restrictive of the minor's freedom and is consistent with the interests of the Band.

(4) The report shall contain specific reasons for not recommending placement of the minor with his parent, guardian or custodian.

(b) The Human Resource Officer shall present the predispositional report to the Court, the person selected by the minor to represent him and the Solicitor General at least one day before the dispositional hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 18.


§ 137. Medical examination

(a) The Court may order a medical examination for a minor who is alleged to be a juvenile offender.

(b) The Court may order a mental and/or physical examination at any time subsequent to the time that the party who is the subject of the cause admits the allegations of the petition, or if he does not admit, at any time subsequent to the time the Court finds the allegations of the petition have been proved.

(c) The report of a medical examination shall not be admissible in evidence, nor shall it be considered by the Court, at the adjudicatory hearing in any juvenile Court case. It shall be admissible in evidence at the dispositional hearing in any juvenile Court case.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 23


§ 138. Dispositional hearing

A dispositional hearing shall take place no more than ten days after the adjudicatory hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28 § 19.


§ 139. Notice of dispositional hearing

(a) Notice of the dispositional hearing shall be given to the minor and his parent, guardian or custodian and their counsel at least forty-eight hours before the hearing.

(b) A dispositional hearing notice shall contain:

(1) The name of the Court;

(2) The title of the proceedings;

(3) A statement that the hearing is to determine the disposition of the case; and

(4) The date, time and place of the dispositional hearing.

(c) The notice shall be delivered by a law enforcement officer or an appointee of the Court. If the notice cannot be delivered personally, the notice shall be delivered by registered mail.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 19.02 to 19.04.


§ 140. Evidence

(a) At the dispositional hearing, the Court shall hear evidence on the question of proper disposition.

(b) At the dispositional hearing, the Court shall review and consider the predisposition report submitted by the Human Resource Officer and afford the parents an opportunity to controvert the factual contents and conclusions of the reports. The Court shall also consider the alternative predisposition report prepared by the minor and his attorney, if any.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 19.01, 19.05.


§ 141. Dispositional orders

(a) If a minor has been adjudged a juvenile offender, the Court may make the following dispositions:

(1) Place the minor on probation subject to conditions set by the Court;

(2) Place the minor in an institution or agency designated by the Court.

(b) The dispositional orders are to be in effect for the time limit set by the Court, but no order shall continue after the minor reaches the age of eighteen years of age.

(c) The dispositional orders are to be reviewed at the Court's discretion, but at least once every six months.

 

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 19.07.


§ 142. Appealability of dispositional order

The dispositional order constitutes a final order for purposes of appeal.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 19.06.


§ 143. Modification of dispositional order

(a) A dispositional order of the Court may be modified upon a showing of change of circumstances.

(b) The Court may modify a dispositional order at any time upon the motion of the following:

(1) The minor,

(2) The minor's parent, guardian or custodian and

(3) The Court Counselor.

(c) If the modification involves a change of custody the Court shall conduct a hearing pursuant to subsection (d) to review its dispositional order.

(d) A hearing to review a dispositional order shall be conducted as follows:

(1) Notice in writing or the hearing shall be given to the minor, the minor's parent, guardian or custodian and their counsel at least forty-eight hours before the hearing. The Notice shall contain the name of the Court, the title of the proceedings, a statement that the hearing is to review the disposition and the date, time and place of the hearing. The notice shall be delivered by a tribal law enforcement officer or an appointee of the Court.

(2) The Court shall review the performance of the minor, the minor's parents, guardian and custodian and the Human Resource Officer and other persons providing assistance to the minor and the minor's family.

(3) In determining modification of disposition, the procedures prescribed in 8 MLBSA §§ 136 and 138 to 143 shall apply.

(4) If the request for review of disposition is based upon an alleged violation of a Court order, the Court shall not modify its dispositional order unless it finds clear and convincing evidence of the violation.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 19.08.


§ 144. Record of hearings

A record of all hearings under this title shall be made and preserved.

 

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 20.


§ 145. Confidentiality of court records

All court records shall be confidential and shall not be open to inspection to any, but the following: the minor, the minor's parent, guardian or custodian, the Court Counselor, the Solicitor General or the parents and the minor's attorney.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 20.01.


§ 146. Confidentiality of law enforcement records

Law enforcement records and files concerning a minor shall be kept separate from the records and files of adults. All law enforcement records and files shall be confidential and shall not be open to inspection to any, but the following: the minor, the minor's parent, guardian or custodian, the Court Counselor, or the Solicitor General, the parents and the minor's attorney.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 20.02.


§ 147. Destruction of records

When a minor who has been the subject of any proceeding before the Court attains his eighteenth birthday, the Chief Justice of the Tribal Court shall order the Clerk of Court to destroy both the Court records and the law enforcement records.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 20.03.


§ 148. Appeal

(a) Any party to a Court hearing may appeal a final order or disposition of the case by filing a written notice of appeal with the Court within thirty days of the final order of disposition.

(b) A decree or disposition of a hearing may be stayed by such appeal.

(c) All appeals shall be conducted in accordance with 24 MLBSA § 2501 et seq.

(d) For purposes of appeal, a record of the proceedings shall be made available to the minor, his parents, guardian or custodian. Costs of obtaining this record shall be paid by the party seeking the appeal.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 21.


§ 149. Contempt of court

All willful disobedience or interference with any order of the Court constitutes contempt of court. The Court may punish an adult for contempt of court in accordance with Band Statute 1143-MLC-4, Title IX [repealed].

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 22.

 

CHAPTER 4

MINORS IN NEED OF CARE

Section
201. Minor-in-need-of-care complaint.
202. Emergency custody order (ex parte custody order).
203. Custody.
204. Law enforcement officer's duties.
205. Care and custody before preliminary inquiry.
206. Shelter care.
207. Preliminary inquiry-minor placed in shelter care.
208. Preliminary inquiry-minor not in shelter care.
209. Notice of preliminary inquiry.
210. Parents informed of right to attorney.
211. Presence of parent, guardian or custodian at preliminary inquiry.
212. Testimony at preliminary inquiry.
213. Finding of probable cause; preliminary disposition.
214. Release to responsible adult.
215. Continued shelter care.
216. Investigation and recommendations by Human Resource Officer.
217. Informal conference.
218. Notice of informal hearing.
219. Subpoenas.
220. Inadmissibility of statements.
221. Informal adjustment.
222. Progress reviews.
223. Petition.
224. Date of adjudicatory hearing.
225. Summons.
226. Purpose of adjudicatory hearing; privacy.
227. Testimony at adjudicatory hearing.
228. Burden of proof; finding.
229. Appealability of finding.
230. Predispositional report.
231. Dispositional hearing.
232. Notice of dispositional hearing.
233. Evidence at dispositional hearing.
234. Consideration of predisposition reports.
235. Disposition.
236. Placement outside reservation.
237. Appealability of disposition order.
238. Time limit on orders.
239. Review of orders.
240. Modification of order.

Cross References

Child care staff, abuse or neglect of children, see 8 MLBSA § 1207.
Compulsory attendance of school age pupils, see 9 MLBSA § 19.
Prohibited drugs consumption by minors, see 23 MLBSA § 5.


§ 201. Minor-in-need-of-care complaint

(a) A complaint may be filed by a person who has knowledge of the facts alleged. The complaint shall be signed by the complainant.

(b) The complaint shall contain:

(1) A citation to the specific statutory provisions of this title which give the Court jurisdiction of the proceedings;

(2) Name, age and address of the minor who is the subject of the complaint, if known; and

(3) A plain and concise statement of the facts upon which the allegations are based, including the date, time and location at which the alleged facts occurred.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.

 

Cross References

Juvenile offender complaint, see 8 MLBSA § 101.


§ 202. Emergency custody order (ex parte custody order)

(a) The Court may issue an emergency custody order (Ex Parte Custody Order) upon a sworn written statement of facts, showing probable cause exists to believe that a minor is a minor-in-need-of-care.

(b) The Court may issue a Warrant authorizing a law enforcement officer to search for a minor if there is probable cause to believe that the minor is within the Court's jurisdiction and an emergency custody order has been issued for the alleged minor-in-need-of-care.

(c) The Court may issue a Warrant for a person's arrest immediately upon the failure to appear, either in person or by counsel, in Court as directed for contempt of court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.01.


§ 203. Custody

A minor may be taken into custody by a law enforcement officer if: the officer has reasonable grounds to believe that the minor is a minor-in-need-of-care and that the minor is in immediate danger from his surroundings and that his removal is necessary or a Warrant or emergency custody order pursuant to 8 MLBSA § 202 has been issued for the minor.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.02.


§ 204. Law enforcement officer's duties

A law enforcement officer who takes a minor into custody pursuant to 8 MLBSA § 203 shall proceed as follows:

(a) Release the minor to the minor's parent, guardian or custodian and issue verbal counsel or warning as may be appropriate unless shelter care is necessary.

(b) If the minor is not released, the officer shall make immediate and recurring efforts to notify the minor's parent, guardian or custodian to inform them that the minor has been taken into custody and inform them of their right to be present with the minor until an investigation to determine the need for shelter care is made by the Human Resource Officer pursuant to 8 MLBSA § 205.

(c) If the minor is not released, the minor shall be taken immediately to the Human Resource Officer by the arresting officer.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.03.


§ 205. Care and custody before preliminary inquiry

(a) The Human Resource Officer shall not place a minor in shelter care unless a complaint is filed in accordance with 8 MLBSA § 201 or the Court orders that a minor be taken into custody pursuant to 8 MLBSA § 202.

(b) If the minor's parent, guardian or custodian has not been contacted, the Court Counselor shall make immediate and recurring efforts to inform them that the minor has been taken into custody and release the minor to the parent, guardian or custodian unless shelter care is immediately necessary.

(c) If a minor is not released to his parent, guardian or custodian, the Court Counselor shall place the minor in shelter care pending the preliminary inquiry.

(d) If a minor is not released to his parent, guardian or custodian, the Court Counselor shall immediately explore alternative preadjudication custody arrangements and prepare recommendations for temporary care and custody for presentation at the preliminary inquiry.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.04.


§ 206. Shelter care

(a) A minor alleged to be a minor-in-need-of-care may be detained, pending a Court hearing, in the following places:

(1) A foster care facility on the reservation licensed or approved by the Band;

(2) A private family home on the reservation approved by the Band; or

(3) A shelter care facility on the reservation approved by the Band.

(b) A minor alleged to be a minor-in-need-of-care may not be detained in a jail or other facility used for the detention of adults. If such minor is detained in a facility used for the detention of juvenile offenders, he must be detained in a room separate from juvenile offenders.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.05.

Cross References

Juvenile offenders, detention and shelter care, see 8 MLBSA § 110.
Standard for shelter care facilities, see 8 MLBSA § 15.


§ 207. Preliminary inquiry-minor placed in shelter care

If a minor is placed in shelter care by the Court Counselor pursuant to 8 MLBSA § 205(c), the Court shall conduct a preliminary inquiry within twenty-four hours determining whether probable cause exists to believe the minor is a minor-in-need-of-care and whether continued shelter care is necessary pending further proceedings.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.06.


§ 208. Preliminary inquiry-minor not in shelter care

If a minor has been released to his parent, guardian or custodian, the Court shall conduct a preliminary inquiry within three days after receipt of the complaint for the sole purpose of determining whether probable cause exists to believe the minor is a minor-in-need-of-care.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.061.


§ 209. Notice of preliminary inquiry

(a) Notice of the preliminary inquiry shall be given to the minor and his parent, guardian or custodian and their counsel as soon as the time for the inquiry has been established.

(b) Any preliminary inquiry notice shall contain:

(1) The name of the Court;

(2) The title of the proceedings;

(3) A brief statement of the alleged circumstances upon which the minor- in-need-of-care allegations is based; and

(4) The date, time and place of the preliminary inquiry.

Historical and Statutory Notes

Source: Band Statute 109-MLC-28, § 26.07.


§ 210. Parents informed of right to attorney

In a minor-in-need-of-care proceeding, the parent, guardian or custodian shall be informed of their right to an attorney.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 4.03.

 

Cross References

Court to inform minor and parents of rights, see 8 MLBSA § 11.
Right to have assistance of counsel, see 1 MLBSA § 6.


§ 211. Presence of parent, guardian or custodian at preliminary inquiry

If the minor's parent, guardian or custodian is not present at the preliminary inquiry, the Court shall determine what efforts have been made to notify and to obtain the presence of the parent, guardian or custodian. If it appears that further efforts are likely to produce the parent, guardian or custodian, the Court shall recess for not more than twenty-four hours and direct the Human Resource Officer to make continued efforts to obtain the presence of a parent, guardian or custodian.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.062.


§ 212. Testimony at preliminary inquiry

The Court shall hear testimony concerning the circumstances that gave rise to the complaint or the taking of the minor into custody and the need for shelter care.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.08.


§ 213. Finding of probable cause; preliminary disposition

If the Court finds that probable cause exists to believe the minor is a minor-in-need-of-care, the minor shall be released to his parents and ordered to appear at the adjudicatory hearing, unless:

(a) The minor is suffering from an illness or injury, and no parent, guardian, custodian or other person is providing adequate care of him.

(b) The minor is in immediate danger from his surroundings and removal is necessary for his safety or well-being.

(c) The minor will be subject to injury by others if not placed in the custody of the Court.

(d) The minor has been abandoned by his parent, guardian or custodian.

(e) No parent, guardian, custodian or other person is able or willing to provide adequate supervision and care for a minor.

(f) The minor will run away so that he will be unavailable for further proceedings.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.09.


§ 214. Release to responsible adult

The Court may release a minor pursuant to 8 MLBSA § 213 to a relative or other responsible adult Band member, if the parent, guardian or custodian of the minor consents to the release. If the minor is ten years of age or older, the minor and his parent, guardian or custodian must both consent to the release.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.10.


§ 215. Continued shelter care

Upon a finding that probable cause exists to believe that the minor is a minor-in-need-of-care and that there is a need for shelter care, the minor's shelter care shall be continued. The Court shall consider the Human Resource Officer's recommendation prepared pursuant to 8 MLBSA § 205.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.11.


§ 216. Investigation and recommendations by Human Resource Officer

The Human Resource Officer shall make an investigation within twenty-four hours of the preliminary inquiry or the release of the minor to his parent, guardian or custodian to determine whether the interests of the minor and the public require that further action be taken. Upon the basis of the investigation, the Human Resource Officer may:

(a) Recommend that no further action be taken.

(b) Suggest to the minor, his parent, guardian or custodian that they appear for an informal hearing pursuant to 8 MLBSA § 217 et seq.

(c) Recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 223, tell the Court to initiate further proceedings. The petition shall be filed within forty-eight hours if the minor is in shelter care. If the minor has been previously released to his parent, guardian, custodian, relative or responsible adult, the petition shall be filed within ten days.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.12.


§ 217. Informal conference

The Human Resource Officer may hold an informal conference with the minor and the minor's parent, guardian or custodian to discuss alternatives to the filing of a petition if: the admitted facts bring the case within the jurisdiction of the Court; an informal adjustment of the matter would be in the best interest of the minor and the Band and the minor and his parent, guardian or custodian consent to an informal adjustment with knowledge that the consent is voluntary.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.13.


§ 218. Notice of informal hearing

(a) Notice of the informal hearing shall be given to the minor and his parent, guardian or custodian and their counsel as soon as the time for the hearing has been established.

(b) Any informal hearing notice shall contain:

(1) The name of the Court;

(2) The title of the proceedings;

(3) A brief statement of the alleged circumstance upon which the minor-in-need-of-care allegations is based; and

(4) The date, time and place of the informal hearing.

(c) The notice shall be delivered by a law enforcement officer or an appointee of the Court. If the notice cannot be delivered personally, the notice shall be delivered by registered mail.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.131 to 26.133.


§ 219. Subpoenas

The provisions of 8 MLBSA §§ 217 to 222 do not authorize the Human Resource Officer to compel any person to appear at any conference, produce any papers or visit any place.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.134.


§ 220. Inadmissibility of statements

No statement made during the informal hearing may be admitted into evidence at an adjudicatory hearing or any proceedings against the minor or his parents under this title.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.134.


§ 221. Informal adjustment

(a)(1) Refer the minor and/or the parent, guardian or custodian to the Community Agency for needed assistance.

(2) Order terms of supervision, calculated to assist and benefit the minor and parents which regulate both the minor's and parents activities and which are within the ability of the minor and parents to perform or

(3) Recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 223.

(b) The Human Resource Officer shall set forth in writing the conclusion reached at the informal hearing and the disposition agreed to by the parties for remedying the situation.

(c) Any informal adjustment period shall not exceed six months.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 26.135, 26.136.


§ 222. Progress reviews

The Human Resource Officer shall review the minor's progress every thirty days. If at any time after the initial thirty day period, the Human Resource Officer concludes that positive results are not being achieved, the Human Resources Officer shall recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 223.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.137.


§ 223. Petition

Proceedings under this chapter shall be instituted by a petition filed by the Solicitor General on behalf of the Band and in the interests of the minor. The petition shall state:

(a) The name, birthdate and residence of the minor.

(b) The names and residences of the minor's parents, guardian or custodian.

(c) A citation to the specific statutory provision of this title which gives the Court jurisdiction over the proceedings.

(d) If the minor is in shelter care, the place of shelter care and the time he was taken into custody.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.14.


§ 224. Date of adjudicatory hearing

Upon receipt of the petition, the Court shall set a date for the hearing which shall be not more than ten days after the Court receives the petition from the Solicitor General. If the adjudicatory hearing is not held within ten days after the filing of the petition, the petition shall be dismissed and cannot be filed again, unless:

(a) The hearing is continued upon motion of the minor.

(b) The hearing is continued upon motion of the Solicitor General by reason of the unavailability of material evidence or witnesses, and the Court finds the Solicitor General has exercised due diligence to obtain the material or evidence and reasonable grounds exist to believe that the material or evidence will become available.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 226.15.


§ 225. Summons

(a) At least five days prior to the adjudicatory hearing the Court shall issue summons to:

(1) The minor;

(2) The minor's parent, guardian or custodian;

(3) Any person the Court believes necessary for the proper adjudication of the hearing; and

(4) Any person the minor believes necessary for the proper adjudication of the hearing.

(b)(1) The summons shall contain:

(A) The name of the Court;

(B) The title of the proceedings;

(C) The date, time and place of the hearing.

(2) A copy of the petition shall be attached to the summons.

(c) The summons shall be delivered personally by a law enforcement officer or an appointee of the Court. If the summons cannot be delivered personally, the Court may deliver the summons by registered mail.

(d) If a person who has been issued a summons fails to appear at the hearing, that person shall be held in contempt of court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.16.


§ 226. Purpose of adjudicatory hearing; privacy

(a) The Court shall conduct the adjudicatory hearing for the sole purpose of determining whether the minor is a minor-in-need-of-care.

(b) The hearing shall be private and closed.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.17.


§ 227. Testimony at adjudicatory hearing

The Court shall hear testimony concerning the circumstances which gave rise to the complaint.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.171.


§ 228. Burden of proof; finding

If the allegations of the petition are sustained by proof which is clear and convincing, the Court shall find the minor to be a minor-in-need-of-care and proceed to the dispositional hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.172.


§ 229. Appealability of finding

A finding that the minor is a minor-in-need-of-care constitutes a final order for purposes of appeal.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.173.


§ 230. Predispositional report

(a) The Human Resource Officer shall prepare a written report describe all reasonable and appropriate alternative dispositions. The report shall contain a specific plan for the care of and assistance to the minor, calculated to resolve the problems presented in the petition.

(b) The report shall contain a detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the minor under the proposed plan.

(c) Preference shall be given to the dispositional alternatives which are listed in 8 MLBSA § 235, selecting that which is the least restrictive of the minor's freedom and is consistent with the interest of the Band. The report shall contain specific reasons for not recommending placement of the minor with his parent, guardian or custodian.

(d) In recommending a plan for care and assistance to the minor, the Human Resource Officer shall consider the desires of the minor.

(e) The Human Resource Officer shall present the predispositional report to the Court, the person selected by the minor to represent him and the Solicitor General, at least one day before the dispositional hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.18.


§ 231. Dispositional hearing

A dispositional hearing shall take place not more than ten days after the adjudicatory hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.19.


§ 232. Notice of dispositional hearing

(a) Notice of the dispositional hearing shall be given to the minor and his parent, guardian or custodian and their counsel at least forty-eight hours before the hearing.

(b) Any dispositional hearing notice shall contain:

(1) The name of the Court;

(2) The title of the proceedings;

(3) A statement that the hearing is to determine the disposition of the case; and

(4) The date, time and place of the dispositional hearing.

(c) The notice shall be delivered by a law enforcement officer or an appointee of the Court. If the notice cannot be delivered personally, the notice shall be delivered by registered mail.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 26.192 to 26.194.


§ 233. Evidence at dispositional hearing

At the dispositional hearing the Court shall hear evidence on the question of proper disposition.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.191.


§ 234. Consideration of predisposition reports

At the dispositional hearing, the Court shall review and consider the predisposition report submitted by the Human Resource Officer and afford the parties an opportunity to controvert the factual contents and conclusions of the reports. The Court shall also consider the alternative predisposition report prepared by the minor and his attorney, if any.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.195.


§ 235. Disposition

If a minor has been adjudged a minor-in-need-of-care the Court may make any of the following dispositions which are listed by priority:

(a) Permit the minor to remain with his parents, guardian or custodian subject to such limitations and conditions as the Court may prescribe.

(b) Place the minor with an extended family member within the exterior boundaries of the reservation subject to such limitations and conditions as the Court may prescribe.

(c) Place the minor in a foster home within the exterior boundaries of the reservation which as been licensed or approved by the Band, subject to such limitations and conditions as the Court may prescribe.

(d) Place the minor in shelter care facilities designated by the Court.

(e) Place the minor in a foster home or an extended family member's home outside the exterior boundaries of the reservation, subject to such limitations and conditions as the Court may prescribe.

(f) Recommend that termination proceedings begin.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.20.

Cross References

Rights of foster parents, see 8 MLBSA § 630.
Standard for shelter care facilities, see 8 MLBSA § 15.
Termination of parental rights, see 8 MLBSA § 501 et seq.


§ 236. Placement outside reservation

Whenever a minor is placed in a home or facility located outside the boundaries of the reservation, the Court shall require the party receiving custody of the minor to sign an agreement that the minor will be returned to the Court upon order of the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.21.


§ 237. Appealability of disposition order

The dispositional order constitutes a final order for purposes of appeal.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.196.


§ 238. Time limit on orders

The dispositional orders are to be in effect for the time limit set by the Court, but no order shall continue after the minor reaches the age of eighteen years.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.22.


§ 239. Review of orders

The dispositional orders are to be reviewed at the Court discretion, but at least once every six months.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.23.


§ 240. Modification of order

(a) A dispositional order of the Court may be modified upon a showing of change of circumstances.

(b) The Court may modify a dispositional order at any time upon the motion of the following:

(1) The minor;

(2) The minor's parents, guardian or custodian; or

(3) The Human Resource Officer.

(c) If the modification involves a change of custody the Court shall conduct a hearing pursuant to subsection (d) to review its dispositional order.

(d) A hearing to review a dispositional order shall be conducted as follows:

(1) Notice in writing of the hearing shall be given to the minor, the minor's parents, guardian or custodian and their counsel at least forty-eight hours before the hearing.

(2) The notice shall contain:

(A) The name of the Court;

(B) The title of the proceedings;

(C) A statement that the hearing is to review the disposition; and

(D) The date, time and place of the hearing.

(3) The notice shall be delivered by a law enforcement officer or an appointee of the Court. If the summons cannot be delivered personally, the Court may deliver the summons by registered mail.

(e) The Court shall review the performance of the minor, the minor's parents, guardian or custodian, and the Human Resource Officer or other persons providing assistance to the minor and the minor's family.

(f) In determining modification of disposition, the procedures prescribed in 8 MLBSA §§ 230 to 234 and 237 shall apply.

(g) If the request for review of disposition is based upon an alleged violation of a court order, the Court shall not modify its dispositional order unless it finds clear and convincing evidence of the violation.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 26.24.

 

CHAPTER 5

DUTY TO REPORT ABUSE AND NEGLECT

Section
301. Duty to report to law enforcement officer.
302. Persons required to report.
303. Persons permitted to report; anonymity.
304. Immunity.
305. Failure to report.
306. Privileged communications.
307. Photographs or x-rays.
308. Information to be included in reports.
309. Court response to report of suspected abuse or neglect.

Cross References

Assault, see 24 MLBSA § 1101.
Assault and battery, see 24 MLBSA § 1102.
Child care staff, abuse or neglect of children, see 8 MLBSA §§ 1207, 1208.
Contributing to delinquency of minor, see 24 MLBSA § 1260.
Domestic abuse prevention, see 8 MLBSA § 401 et seq.
Mistreatment of patients, see 24 MLBSA § 1107.
Parents or guardians of curfew violators, see 24 MLBSA § 1261.

 

§ 301. Duty to report to law enforcement officer

Persons who have a reasonable cause to suspect that any person under the jurisdiction of the Band has been abused or neglected shall report the abuse or neglect to a law enforcement officer of the Band.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 5.


§ 302. Persons required to report

Those persons who are mandated to report suspected abuse or neglect include:

(a) Any physician, nurse, dentist, optometrist or any other medical or mental health professional;

(b) School principal, school teacher, or other school official;

(c) Social worker;

(d) Child day care center worker or other child care staff including foster parents, residential care or institutional personnel;

(e) Counselor;

(f) Peace officer, or other law enforcement official;

(g) Judge, legal officer, court counselor, clerk of the court or other judicial system official.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 5.01.


§ 303. Persons permitted to report; anonymity

Any person may make a report of suspected abuse or neglect. Those persons reporting, except those specified in 8 MLBSA § 302, may remain anonymous.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 5.02.


§ 304. Immunity

All persons or agencies reporting, in good faith, known or suspected instances of abuse or neglect shall be immune from civil liability and criminal prosecution.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 5.03.

Cross References

Suits against Band officials or employees, see 24 MLBSA § 701.


§ 305. Failure to report

Those persons mandated to report a case of known or suspected abuse or neglect who knowingly fail to do so, or willingly prevent someone else from doing so, shall be subject to a civil cause of action proceeding in the Court of Central Jurisdiction.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 5.04.


§ 306. Privileged communications

The communications between a husband and wife, physician and patient, or social worker and client shall not be privileged when such communication involves information about abuse or neglect. All communications about abuse or neglect between a legal officer and client shall be privileged.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 5.05.


§ 307. Photographs or x-rays

Any person mandated to report suspected abuse or neglect, may take or cause to be taken without the parents permission, photographs of the area of trauma visible on a minor who is suspected of being abused, and if medically indicated, cause to be performed a radiological examination of the child. Color photographs of visible trauma may be taken and, if medically indicated, x-rays, provided that such photographs or x-rays shall be destroyed if a report of suspected abuse or neglect is determined judicially or otherwise) to be unfounded.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 5.06.


§ 308. Information to be included in reports

Information to be included in all written reports of suspected abuse or neglect includes:

(a) The names and addresses of the person and his parent(s), guardian or custodian, if under age.

[Digitizer's note: (1) is not used.]

(2) The person's age.

(3) The nature and extent of the person's abuse or neglect.

(4) Previous abuse or neglect of the person or his siblings, if known.

(5) The name, age and address of the person alleged to be responsible for the person's abuse or neglect, if known and

(6) The name and address of the person or agency making the report.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 5.07.


§ 309. Court response to report of suspected abuse or neglect

Upon receipt of a report of suspected abuse or neglect, the Court shall conduct a preliminary inquiry to determine whether or not a petition should be filed, order medical treatment as needed, or issue an ex parte emergency custody order.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-28, § 5.08.

 

CHAPTER 6

DOMESTIC ABUSE PREVENTION


Section

401. Definitions.
402. Petition for order for protection; docket priority.
403. Filing of petition.
404. Hearing
405. Relief by Court.
406. Temporary order.
407. Service of order.
408. Assistance of Band Law Enforcement Agency.
409. Effect of leaving household.
410. Security or bond.
411. Modification of order.
412. Titles.
413. Copy to Law Enforcement Agency.
414. Violation of order.
415. Immunity of Law Enforcement Officers.

Cross References

Assault and battery, see 24 MLBSA §§ 1101, 1102.
Child care staff, abuse or neglect of children, see 8 MLBSA § 1207.
Duty to report abuse, see 8 MLBSA § 301 et seq.


§ 401. Definitions

(a) "Domestic abuse" is hereby defined as physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members.

(b) "Family or household members" is defined as the spouse, parents and children, person related by consanguinity, and persons jointly residing in the same dwelling unit.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 47.


§ 402. Petition for order for protection; docket priority

(a) There shall exist an action known as a petition for an order for protection in cases of domestic abuse before the Court of Central Jurisdiction.

(b) All actions brought under this chapter shall be given docket priority by the Court of Central Jurisdiction.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 47.


§ 403. Filing of petition

(a) A petition for relief under this chapter may be made by any family or household member on behalf of himself or on behalf of minor family or household members.

(b) A petition for relief shall allege the existence of domestic abuse, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

(c) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition or other action between the parties.

(d) The Court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section by a person not represented by counsel.

(e) The Court shall advise a petitioner under subsection (d) of the right to file a motion and affidavit and to sue in forma pauperis pursuant to Band Statute and shall assist with the writing and filing of the motion and affidavit.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 48.


§ 404. Hearing

Upon receipt of the petition, the Court shall order a hearing which shall be held not later than 14 days after the date of the order. Personal service shall be made upon the respondent not less than five days prior to the hearing. In the event that service cannot be made, the Court may set a new date.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 49.


§ 405. Relief by Court

(a) Upon notice and hearing, the Court may provide relief as follows:

(1) Restrain any party from committing acts of domestic abuse;

(2) Exclude the abusing party from the dwelling which parties share or from the residence of the petitioner;

(3) Award temporary custody or establish temporary visitation with regard to minor children of the parties;

(4) Establish temporary support for minor children or a spouse;

(5) Provide counseling or other social services from the abusing party or if there are minor children;

(6) Order, in its discretion, other relief as it deems necessary for the protection of a family or household member, including orders or directives to the Law Enforcement Agency of the Band, as provided in this chapter.

(b) Any relief granted by the order for protection shall be for a fixed period not to exceed one year.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 50.


§ 406. Temporary order

(a) Where an application under this chapter alleges an immediate and present danger of domestic abuse, the Court may grant an ex parte temporary order for protection, pending a full hearing, and granting relief as the Court deems proper, including an order:

(1) Restraining any party from committing acts of domestic abuse;

(2) Excluding any party from the dwelling they share or from the residence of the other except by further order of the Court.

(b) An ex parte temporary order for protection shall be effective for a fixed period not to exceed 14 days. A full hearing, as provided by this chapter, shall be set for not later than seven days from the issuance of the temporary order. The respondent shall be served forthwith, a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.


§ 407. Service of order

Any order issued under this chapter shall be personally served upon the respondent.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.02.


§ 408. Assistance of Band Law Enforcement Agency

When an order is issued under this chapter upon request of the petitioner, the Court shall order the Law Enforcement Agency of the Band to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in execution or service of the order of protection.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.03.


§ 409. Effect of leaving household

A person's right to apply for relief shall not be affected by his or her leaving the residence or household to avoid abuse.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.04.


§ 410. Security or bond

The Court shall not require security or bond of any party unless it deems necessary in exceptional cases.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.04.


§ 411. Modification of order

Upon application, notice to all parties, and hearing, the Court may modify the terms of an existing order for protection.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.05.


§ 412. Titles

Nothing in this chapter shall affect the title to property, real or personal.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.06.


§ 413. Copy to Law Enforcement Agency

Upon the request of the petitioner, any order for protection granted pursuant to this chapter shall be forwarded by the Clerk of Court within 24 hours to the Law Enforcement Agency of the Band with jurisdiction over the residence of the applicant.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.07.


§ 414. Violation of order

(a) Whenever an order for protection is granted pursuant to this chapter, and the respondent or person to be restrained knows of the order, violation of the order for protection is a misdemeanor pursuant to Band contempt law.

(b) Upon the filing of an affidavit by the petitioner or any Law Enforcement Officer, alleging that the respondent has violated any order for protection granted pursuant to this chapter, the Court may issue an order to the respondent, requiring the respondent to appear and show cause within 14 days why he should not be found in contempt of court and punished therefore. The hearing may be held by the District in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.09.


§ 415. Immunity of Law Enforcement Officers

A Law Enforcement Officer is not liable for a failure to perform a duty required by 8 MLBSA § 414.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 51.10.

Cross References

Suits against Band officials and employees, see 24 MLBSA § 701.

 

CHAPTER 7

TERMINATION OF PARENTAL RIGHTS


Section
501. Procedures for termination.
502. Petition.
503. Hearing date; continuance.
504. Pre-termination report.
505. Summons.
506. Termination hearing.
507. Testimony.
508. Grounds for termination.
509. Disposition.
510. Appealability of termination order.
511. Enrollment status or degree of blood quantum.

Cross References

Minors in need of care, disposition, see 8 MLBSA § 235.


§ 501. Procedures for termination

Parental rights to a child may be terminated by the Court according to the procedures in this chapter.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.


§ 502. Petition

Proceedings to terminate parental rights shall be instituted by a petition filed by the Solicitor General on behalf of the Band pursuant to 8 MLBSA § 235 or by the parents or guardian of the child. The petition shall state:

(a) The name, birthdate and residence of the minor.

(b) The names and residences of the minor's parent, guardian or custodian.

(c) If the child is in detention or shelter care, the place of detention or shelter care and the time he was taken into custody.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.01.


§ 503. Hearing date; continuance

(a) Upon receipt of the petition, the Court shall set a date for the termination hearing which shall be not more than ten days after the Court receives the petition from the Solicitor General.

(b) The hearing may be continued:

(1) Upon motion of the minor's parent, guardian or custodian.

(2) Upon motion of the Solicitor General by reason of the unavailability of material evidence or witnesses and the Court finds the Solicitor General has exercised due diligence to obtain the material or evidence and reasonable grounds exist to believe that the material or evidence will become available.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.02.


§ 504. Pre-termination report

(a) Within two days of receiving the petition, the judge/justice shall order the preparation of a pre-termination report by the Human Resource Officer.

(b) The Human Resource Officer shall consult with the minor's parents and all social services, health, education and other personnel who have had prior professional contacts with the minor and his parent, guardian or custodian, to determine whether termination of parental rights is consistent with the best interests of the child. The Solicitor General may also review any of the minor's previous Court records.

(c) The Human Resource Officer shall prepare a written report containing the professional opinions of all personnel with whom he has consulted. The report shall be presented to the Court at least two days before the termination hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.03.


§ 505. Summons

(a) At least five days prior to the termination hearing, the Court shall issue summons to the minor, the minor's parent, guardian or custodian, and any person the Court believes necessary for the proper adjudication of the hearing and any person the minor's parent, guardian or custodian believes necessary for the proper adjudication of the hearing.

(b) The summons shall contain the name of the Court, the title of the proceedings and the date, time and place of the hearing. A copy of the petition shall be attached to the summons.

(c) The summons shall be delivered personally by a law enforcement officer or an appointee of the Court. If the summons cannot be delivered personally, the Court may deliver the summons by registered mail.

(d) If a person who has been issued a summons fails to appear at the hearing, that person shall be held in contempt of court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.04.


§ 506. Termination hearing

The Court shall conduct the termination hearing for the sole purpose of determining whether parental rights shall be terminated. The hearing shall be private and closed.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.05.


§ 507. Testimony

The Court shall hear testimony concerning the circumstances that gave rise to the petition and the need for termination of parental rights.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.051.


§ 508. Grounds for termination

The Court may terminate the parental rights of the parent(s) to his child if it finds evidence beyond a reasonable doubt that:

(a) The parent has abandoned his child.

(b) The minor has suffered physical injuries willfully and repeatedly inflicted by his parent(s) upon him which causes or creates a substantial risk of death, disfigurement or impairment of bodily functions.

(c) The parent(s) have subjected the minor to willful and repeated acts of sexual abuse.

(d) The voluntary written consent of a parent has been acknowledged before the Court and is accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The Court shall also certify that either the parent or Indian custodian fully understood the explanation in English and that it was interpreted into a language that the parent or Indian custodian understood.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 27.052 to 27.054.


§ 509. Disposition

(a) If parental rights to a child are terminated, the Court shall: place the minor with an extended family member; place the minor in a foster care or shelter care facility which has been approved by the Band; and proceed to the adoption chapter (8 MLBSA § 601 et seq.) of this title.

(b) If parental rights to a child are not terminated, the Court shall make a disposition according to 8 MLBSA § 235.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.06.


§ 510. Appealability of termination order

The termination order constitutes a final order for purposes of appeal.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.07.


§511. Enrollment status or degree of blood quantum

No adjudication of termination of parental rights shall affect the minor's enrollment status as a member of any Band or the minor's degree of blood quantum of any Band.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 27.08.

 

CHAPTER 8

ADOPTION AND FOSTER CARE


Section

601. Filing of petition.
602. Procedures and eligibility.
603. Persons who may adopt.
604. Order of preference.
605. Consent-adoption of minors.
606. Consent-adoption of adults.
607. Consent-exceptions to requirement.
608. Consent-execution and acknowledgment.
609. Withdrawal of consent.
610. Consent form.
611. Certification of person adopting.
612. Investigation.
613. Report of investigator.
614. Confidentiality of identity.
615. Petition.
616. Filing of written consent.
617. Removal from proposed adoptive home.
618. Death of petitioner.
619. Notice of proceedings.
620. Closure of hearing.
621. Presence of petitioner and adoptee at hearing.
622. Continuances.
623. Judgment.
624. Time lived in prospective adoptive home.
625. Effects of judgment.
626. Finality of judgment.
627. Enrollment.
628. Continuation of Indian status, rights and privileges.
629. Fees.
630. Rights of foster parents.

Cross References

Termination of parental rights, disposition, see 8 MLBSA § 509.

 

§ 601. Filing of petition

Prospective adoptive parents are authorized to file an adoption petition upon completion of all pre-adoptive reports.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 15.02.


§ 602. Procedures and eligibility

(a) Adoptions pursuant to custom and tradition shall be permissible.

(b) Any individual, minor or adult who is a member of or eligible for membership of any constituent Band of the Mille Lacs Band of Chippewa Indians may be adopted by the Court according to the procedures of this chapter.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 15.02, 28.


§ 603. Persons who may adopt

The following persons may adopt:

(a) Individuals married to each other, whether or not one or both are minors.

(b) An adult unmarried individual.

(c) A married individual, adult or minor, without the spouse joining as a petitioner, if:

(1) The nonjoining spouse is a parent of the individual to be adopted.

(2) The individual to be adopted is not the petitioner's spouse.

(3) The petitioner and the non-joining spouse are legally separated.

(4) The failure of the non-joining spouse is excused by the Court by reason of prolonged or unexplained absence, unavailability, incapacity or circumstances constituting an unreasonable failure to join.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 28.01 to 28.03.


§ 604. Order of preference

The order of preference in adoption of a child shall be:

(a) A member of the child's extended family who is Indian;

(b) Other members of the Indian child's Band;

(c) Other Indian families; or

(d) If this order of preference cannot be met, then placement may be made with any person who has sufficient knowledge of the child's Band affiliation so that the child's cultural needs may be met.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.04.


§ 605. Consent-adoption of minors

Unless consent is not required because of termination of parental rights, involuntary or voluntary, a petition to adopt a minor may be granted only if written consent to the adoption has been executed by:

(a) The mother of the minor.

(b) The father of the minor, if the minor was conceived or born while the father was married to the mother, if the minor is his child by adoption, or if the minor has been established to be his child by affidavit signed before a court of competent jurisdiction or a Court proceeding.

(c) The custodian of the minor if empowered to consent to the adoption of the minor.

(d) The Court having jurisdiction of the custody if the custodian of the minor is not empowered to consent to the adoption.

(e) The minor to be adopted, if more than two years of age, unless the Court in the best interest of the child dispenses with the minor's consent.

(f) The spouse, if any, of the minor to be adopted.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.05.


§ 606. Consent-adoption of adults

A petition to adopt an adult may be granted only, if written consent to the adoption has been executed by the adult to be adopted and the spouse or custodian, if any of the adult to be adopted.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.06.


§ 607. Consent-exceptions to requirement

Consent to adoption is not required from:

(a) A parent who has abandoned the minor to be adopted.

(b) A parent of a minor who is a ward of the Court and in the custody of an agency, institution or person, not the minor's parent, if the parent:

(1) For a period of at least one year has failed without justifiable cause to communicate with the minor or the agency, institution or person, not the minor's parent having custody of the minor.

(2) If required by judicial decree to do so, has failed to provide for the care and support of the minor when able to do so.

(c) A parent whose parental rights with the minor to be adopted have been involuntarily terminated.

(d) A parent who has voluntarily terminated parental rights over the minor to be adopted.

(e) A parent judicially declared incompetent or mentally defective.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.07.

Cross References

Termination of parental rights, see 8 MLBSA § 501 et seq.

 


608. Consent-execution and acknowledgment

A required consent to adoption shall be executed and acknowledged by the person consenting to the adoption in the presence of the Court and shall be acknowledged and signed by the judge. At no time shall a consent for adoption be acknowledged by the Court prior to ten days after birth of the minor to be adopted.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.08.


§ 609. Withdrawal of consent

A consent to adoption cannot be withdrawn after the entry of a judgment of adoption. A consent to adoption may not be withdrawn prior to the entry of a judgment of adoption unless the Court finds, after notice and opportunity to be heard is afforded to the petitioner, the person seeking the withdrawal and the agency placing the minor for adoption, that the consent was obtained by fraud, coercion or duress.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.01.


§ 610. Consent form

The consent form shall be in the form as prescribed by the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.09


§ 611. Certification of person adopting

(a) Before any person may adopt a minor, the Court must certify this person as acceptable to adopt children. The certification shall be issued by the Court after a pre-adoptive investigation has been conducted by an officer of the Court or other person appointed by the Court.

(b) Investigation of the prospective adoptive parent, the person designated by the Court to conduct the investigation shall consider, but not be limited to the following factors concerning the prospective adoptive parent: social history, financial condition, moral fitness, religious and tribe/religious background, mental and physical health conditions and all other factors bearing on the issue of fitness of the prospective adoptive parent that the Court may deem relevant.

(c) Within ninety days of the original application by the prospective adoptive parent(s), the investigator shall file a written report with the Court. The report shall include a recommendation for or against placement of a minor with the applicant and the reasons thereof.

(d) Upon certification of acceptability to adopt children, the certificate shall remain in effect for one year. The Court may extend the certification for an additional one year, if after review the Court finds that there are no material changes which would adversely affect the acceptability of the applicant to adopt.

(e) The applicant who has been certified as non-acceptable may petition the Court to review such certification:

(1) A hearing shall be held within twenty days of filing of the petition.

(2) Findings of the Court shall be final and the applicant may not reapply for certification for one year.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.10.


§ 612. Investigation

As soon as the identity of a minor to be adopted is known to the Court, it may order an officer of the Court or other person to conduct an investigation of the following:

(a) Whether the natural parent(s) will consent to the adoption of the minor and the reasons thereof.

(b) Whether the parent-child relationship has been terminated, voluntarily or involuntarily by Court order and the circumstances thereof.

(c) Whether the minor is a member or eligible for membership in any constituent Band of the Mille Lacs Band of Chippewa Indians.

(d) Whether the special needs of the minor will make him hard to place.

(e) The physical and mental condition of the minor.

(f) The suitability of the minor's placement with a particular prospective adoptive parent.

(g) The desires of the minor, if he is ten years of age or older.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.105.

Cross References

Termination of parental rights, see 8 MLBSA § 501 et seq.


§ 613. Report of investigator

Within fifteen days of the Court-ordered investigation of a minor to be adopted, the investigator shall file a written report with the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.106.


§ 614. Confidentiality of identity

At no time shall the investigator or other Court officer reveal to a prospective adoptive parent the identity of the minor to be adopted or its natural parent(s), nor reveal to the minor or its natural parent(s) the identity of the adoptive parent(s).

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.107.


§ 615. Petition

A petition for adoption shall be signed and verified by the individual certified and wishing to adopt an individual, filed with the Court and set shall state:

(a) The date, place of birth and marital status of the individual to be adopted, if known.

(b) The name by which the individual to be adopt is known.

(c) The date of any placement and the name of any person placing the individual to be adopted.

(d) The name, age and place and duration of residence of the petitioner.

(e) The marital status of the petitioner and the date and place of any marriage, separation or divorce.

(f) The fact that a certificate of acceptability to adopt a minor has been issued by the Court and the date of its issuance.

(g) The date, if applicable, when the petitioner acquired custody of the minor and from whom.

(h) The desire of the petitioner to adopt the minor and that petitioner's spouse, if any, has approved the adoption.

(i) That consent has been given, or any reason that consent need not be given.

(j) That the petitioner is a member of or eligible for membership in the Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.11.


§ 616. Filing of written consent

Any written consent required by 8 MLBSA § 605 may be attached to the petition or filed with the Court at or prior to the hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.12.


§ 617. Removal from proposed adoptive home

(a) In any case in which a petition for adoption is withdrawn or denied, the Court shall order the removal of the minor from the proposed adoptive home, if the Court finds that such removal is in the minor's best interest.

(b) Upon an order removing the minor from a proposed adoptive home, the Court may vest legal custody in another person. This person must have the ability to care for the minor's welfare. The Court may make such orders for child support as may be necessary for the minor's welfare.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.13.

Cross References

Child support, see 8 MLBSA § 2101 [Digitizer's note: Section not in digital copy] et seq.


§ 618. Death of petitioner

In the event of the death of the petitioner prior to adoption, the petition shall be dismissed, except that if there are two petitioners and one of the petitioners die, the proceeding shall continue as to the surviving petitioner unless withdrawn by him. The Court may require a reinvestigation of the surviving petitioner prior to adoption.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.14.

Cross References

Survival of actions, see 24 MLBSA § 2015.


§ 619. Notice of proceedings

(a) Any notice of an adoption proceeding shall be issued at least twenty days before the adoption hearing, notice shall be given by the Court to:

(1) The petitioner;

(2) Any person whose consent to the adoption of the individual is required and who has not consented;

(3) If the individual to be adopted is a minor, then also to any custodian of the minor to be adopted, who has not consented to the adoption;

(4) Any parent of the minor to be adopted whose consent to the adoption is excused because of abandonment, failure to communicate, failure to provide care and support, or a defectively executed relinquishment and who has not consented to the adoption; and

(5) The person(s) who conducted the preadoptive investigation of the prospective adoptive parent and of the minor to be adopted.

(b) Any said adoption notice shall contain:

(1) The name of the Court;

(2) The title of the proceedings;

(3) The date, time and place of the hearing; and

(4) A copy of the petition shall be attached to the notice.

(c) Notice shall be delivered by a law enforcement officer or an appointee of the Court. If the notice cannot be delivered personally, the Court may deliver it by registered mail.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.15.


§ 620. Closure of hearing

The adoption hearing shall be conducted as a closed hearing unless an interested person makes an objection and the Court finds that an open hearing is to be preferred under the particular circumstances.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.16.


§ 621. Presence of petitioner and adoptee at hearing

The petitioner and the individual to be adopted shall appear at the hearing unless the absence of either is excused or ordered by the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.161.


§ 622. Continuances

The Court may continue the hearing from time to time to permit further observation, investigation or consideration of any facts or circumstances affecting the granting of the petition.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.162.


§ 623. Judgment

The Court, after a hearing, shall issue a judgment which shall recite the findings upon which it is based. In the judgment the Court may:

(a) If in the best interest of the individual to be adopted, dismiss the petition and, if appropriate, determine the person who should have custody of a minor, including the petitioners.

(b) If the Court finds that the required consents have been obtained or excused, and the adoption is in the best interest of the individual to be adopted, conclude that the adoption should be completed and grant a judgment of adoption.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.163.


§ 624. Time lived in prospective adoptive home

Unless the Court in its discretion after the showing of good cause, waives the time the minor must live in the home of its adoptive parents, no judgment of adoption of a minor shall be granted until the minor to be adopted has lived in the prospective adoptive home for not less than six months after placement in the home.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.164.


§ 625. Effects of judgment

A judgment of adoption has the following effects as to matters before the Court:

(a) To divest the natural parents and the minor of all legal rights, privileges, duties and obligations, including rights of inheritance with respect to each other.

(b) To create a relationship of parent and minor between the petitioner and the individual to be adopted, as if the individual adopted were a legitimate blood descendant of the petitioner for all purposes except that if the petitioner is not an enrolled member of or eligible for membership in any constituent Band of the Mille Lacs Band of Chippewa Indians, then the adoptive parent shall not be eligible to inherit any interest of the deceased Band member's estate that may be a Band privilege, right, land or property of any kind.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.17.


§ 626. Finality of judgment

After two years from the entry of a judgment of adoption, the judgment cannot be questioned by any person, including the petitioner, in any manner upon any ground, including fraud, misrepresentation or failure to give any required notice.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.18.

Cross References

Limitation of civil actions, see 24 MLBSA § 2013.


§ 627. Enrollment

When a minor to be adopted appears to be eligible for enrollment, the Court shall require that application for enrollment be made for the minor.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.19.


§ 628. Continuation of Indian status, rights and privileges

A judgment of adoption shall not extinguish any status, right or privileges due or incident to the minor's Indian ancestry, heritage or Band membership.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.191.


§ 629. Fees

The Court may set reasonable fees for the cost of services for the adoption. Such fees may be reduced or waived in cases of undue hardship, in which event they shall become a charge to the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 28.20.


§ 630. Rights of foster parents

At the time any child is placed into a foster home, said foster parents shall have de-facto parent status for the duration of the time that the child is lawfully placed under their care.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 35.

Cross References

Minors in need of care, disposition, see 8 MLBSA § 235.

 

CHAPTER 9

GUARDIANSHIP AND CONSERVATORSHIP


Section
701. Definitions.
702. Power to appoint and direct guardian or conservator.
703. Petitioners.
704. Petition.
705. Notice of hearing.
706. Appointment of counsel.
707. Reports.
708. Presence of proposed ward or conservatee at hearing.
709. Witnesses and evidence.
710. Burden and standard of proof.
711. Findings and judgment.
712. Powers and duties of conservator or guardian.
713. Bond.
714. Service of order.
715. Content of letters of guardianship or conservatorship.
716. Copies of letters.
717. Reports by guardian.
718. Termination of guardianship.


§ 701. Definitions

(a) "Conservatee" means an incapacitated person for whom the Court has appointed a conservator.

(b) "Conservator" means a person appointed by the Court to exercise some but not all of the powers and duties designated for the care of an incapacitated person or his estate or both.

(c) "Incapacitated Band member" means in the case of guardianship or conservatorship of the Band member, any adult Band member who is impaired by reason for mental condition to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person and who has demonstrated deficits in behavior which evidences his inability to meet essential requirements for his health or safety. "Unable to meet essential requirements for his health or safety" means unable to meet his needs for medical care, nutrition, clothing, shelter or safety so that, in the absence of guardianship or conservatorship, injury or illness is likely to occur in the near future.

(d) "Ward" means an incapacitated person for whom the Court has appointed a guardian.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 41.


§ 702. Power to appoint and direct guardian or conservator

The Court of Central Jurisdiction shall have the power to appoint a guardian or conservator who shall be under the control and direction of the Court at all times and in all matters.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 37.


§ 703. Petitioners

Only the Commissioner of Human Services may petition for the appointment of a guardian or conservator for any Band member believed to be subject to guardianship or conservatorship. The petition of an adult Band member for the appointment of a guardian or conservator of his own person or estate shall have priority over a petition of the Commissioner of Human Services.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 39.


§ 704. Petition

(a) The Court of Central Jurisdiction may appoint a suitable and competent person upon proof of a petition to discharge the trust duties, as conservator or guardian of the person who is a minor or is an incapacitated person or who because of old age, or other cause is in need of assistance to guarantee personal freedoms or needs protection from being deceived or imposed upon by persons attempting unlawful activities upon petition of the Commissioner of Human services.

(b) Said petition shall show:

(1) The name and address of the person for whom conservatorship is requested.

(2) The date and place of birth.

(3) The reasons for the conservatorship request and

(4) The name, address and occupation of the proposed conservator.

(c) If the circumstance Warrant, the Court may treat a petition for guardianship as a petition for conservatorship.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 37.031, 42.


§ 705. Notice of hearing

(a) The Court of Central Jurisdiction shall notify the nearest kin of the person at least seven days prior to the date of Court hearing, fixing the time and place for the hearing thereof, unless parties to the matter receive verbal notification and appear at the appointed day and time.

(b) Notification of hearing shall be by certified United States mail, return receipt requested or by personal service by any duly authorized Band law enforcement officer.

(c) Failure to receive notice shall not constitute grounds for dismissal of action.

Historical and Statutory Notes

Source: Band Statute 1099-MLC-28, § 42.


§ 706. Appointment of counsel

The Court of Central Jurisdiction shall appoint a legal officer to represent the interests of the person affected.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 42.


§ 707. Reports

The Court shall require a report from the appropriate Band Social Services personnel or the Bureau of Indian Affairs Social Service Division or other persons designated by the Court to make a report on the parties involved.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 42.01.


§ 708. Presence of proposed ward or conservatee at hearing

The Court shall require the presence of any proposed ward or conservatee at the hearing unless he is not able to attend by reason of medical condition as evidenced by a notarized letter from two independent licensed physicians. Said letters shall be evidence only of the proposed ward's or conservatee's medical inability to attend the hearing. The Court shall specify in its findings of fact the reason for non-attendance.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 37.03.


§ 709. Witnesses and evidence

The proposed ward or conservatee has the right to summon and cross-examine witnesses. The rules of evidence shall apply as established in Band law.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 37.032.


§ 710. Burden and standard of proof

(a) In the proceedings, there is a legal presumption of capacity and the burden of proof shall be on the petitioner.

(b) The standard of proof in contested cases of guardianship or conservatorship shall be that of clear and convincing evidence.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 37.032, 40.


§ 711. Findings and judgment

In all cases, the Court shall find the facts specifically which shall include the enrollment of the individual in the Band, state separately the conclusions of law thereon, and direct the entry of an appropriate judgment.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 37.033.


§ 712. Powers and duties of conservator or guardian

(a) The Court shall grant to any conservator or guardian only those specific powers necessary to provide for the demonstrated needs of the ward or conservatee.

(b) The Court may grant to any conservator or guardian, the following powers and duties:

(1) To recommend and establish the place of abode within the jurisdiction of the Band.

(2) To provide for the ward's or conservatee's care, comfort and maintenance needs, including food, clothing, shelter, health care, social and recreational requirements, and whenever appropriate, training, education and rehabilitation. The guardian or conservator has no duty to pay for these requirements out of his own funds. Whenever possible and appropriate, the guardian or conservator has the duty to meet these requirements through governmental benefits or services to which the ward or conservatee is entitled, rather than from the ward's or conservatee's estate.

(3) To take reasonable care of the ward's or conservatee's clothing, furniture, vehicle or other personal effects.

(4) To refrain from disposing of the ward's or conservatee's clothing, furniture, vehicles or other personal effects without notice of Court hearing for an opportunity of the ward or conservatee to object alter he receives written notice of intent. Once notice is served, the conservator shall not dispose of any personal property unless the Court approves of the disposition.

(5) To approve or withhold approval of any contract except the necessities which the ward or conservatee may make or wish to make.

(6) To pay out of the ward's or conservatee's account all just and lawful debts as determined by Band law.

(7) To initiate civil suit in the Court of Central Jurisdiction on behalf of any ward or conservatee.

(8) To invest all funds not currently needed for the debts and charges of the ward's or conservatee's estate in secure and guaranteed accounts.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 37.01, 37.02.


§ 713. Bond

(a) The Court may require a bond in an amount deemed appropriate and shall administer an oath of office to each guardian or conservator as cited in 5 MLBSA § 115. The Court may waive the finding of a bond, if no personal property is involved.

(b) In case of breach of a condition of the bond or any act in breach of trust, an action thereon may be prosecuted by leave of the Court by an interested person.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 37.034, 37.035.


§ 714. Service of order

A copy of the order appointing the guardian or conservator shall be served upon the ward or conservatee and his counsel, if he was represented at the hearing. The order shall be accompanied by a notice which advises the ward or conservatee of his right to appeal the guardianship or conservatorship appointment within thirty days.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 38.


§ 715. Content of letters of guardianship or conservatorship

Letters of guardianship or conservatorship shall contain:

(a) The name, address and telephone number of the guardian or conservator.

(b) The name, address and telephone number of the ward or conservatee.

(c) The nature and scope of the guardianship or conservatorship.

(d) The specific powers and legal limitations imposed by the Court on the guardian or conservator.

(e) A specific listing of the legal rights the ward or conservatee is not able to exercise.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 38.01.


§ 716. Copies of letters

Letters of guardianship or conservatorship shall be issued to the guardian or conservator. Copies shall be mailed or personally served on the ward or conservatee, his counsel, if he was represented at the hearing, the relatives of the ward or conservatee whose names and addresses appeared on the original petition and any other person, institution, organization or agency which the Court deems reasonable to notify under the circumstances of the guardianship or conservatorship.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 38.02.


§ 717. Reports by guardian

Any guardian appointed under this chapter shall advise the Court by written report at least once a year or upon request of the Court to make a report on the parties involved.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 42.02.


§ 718. Termination of guardianship

Any guardianship over the person of a minor shall be automatically terminated when the ward becomes eighteen, but that termination does not affect the guardian's liability for prior acts, nor his/her obligation to account for funds and assets of his/her ward.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 42.03.

 

CHAPTER 10

CHANGE OF NAME


Section

801. Authority of Court.
802. Application for change of name.
803. Order.
804. Records.


§ 801. Authority of Court

The Court of Central Jurisdiction of the Mille Lacs Band of Chippewa Indians, shall have the authority to change the name of any person upon petition of the person or upon the petition of the parents of a minor.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 43.

Cross References

Original jurisdiction of District Court, see 5 MLBSA § 111.


§ 802. Application for change of name

(a) An enrolled member of the Band who shall have resided on lands under jurisdiction of the Band for one year may apply to the Court thereof, to have his name, the names of his minor children, if any, and the name of his spouse, if the spouse joins in the application, changed in the manner herein specified.

(b) They shall state in his application the name and age of his spouse and each of his children, if any, and shall describe all lands in the state in or upon which he, his children and his spouse if their names are also to be changed by this application, claim any interest or lien, and shall appear personally before the Court and prove his identity by at least two witnesses.

(c) If he be a minor the application shall be made by his guardian or next of kin.

(d) Every person who, with intent to defraud, shall make a false statement in any such application shall be guilty of a fraud offense.

(e) No minor child's name may be changed without both of his parents having notice of the pending of the application for change of name, whenever practicable, as determined by the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 43.01.


§ 803. Order

(a) When an application meets the requirements of 8 MLBSA § 802, the Court shall grant the application unless it finds that there is an intent to defraud or mislead or, in the case of the change of a minor child's name, the Court finds that such name change is not in the best interest of the child.

(b) The Court shall set forth in the order the name and age of the spouse and each child of the applicant, if any, and shall state a description of the lands, if any, in which the applicant and his spouse and children, if any, claim to have an interest.

(c) The Clerk shall file such order and record the same in the judgment book. If lands be described therein, a certified copy of the order shall be filed for record by the Clerk with the county recorder of each county wherein any of the same are situated. Before doing so he shall present the same to the county auditor, who shall enter the change of name in his official records and note upon the instrument, over his official signature, the words "change of name recorded."

(d) Any such order shall not be filed, nor any certified copy thereof be issued, until the applicant shall have paid to the Clerk the cost of such record. The fee of the Clerk shall be as provided by law.

(e) No application shall be denied on the basis of the marital status of the applicant.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 43.02.


§ 804. Records

Any order issued by the Court for change of name shall be kept as a permanent record and copies shall be filed with the appropriate Federal or State governmental agencies.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 43.

Amendments received through: August 29, 2003

Back to top

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map