“This information is specifically addressing Tribal Court matters. All State Court matters are similar in nature to the information listed on these pages, but follow Minnesota Statutes. This information is not intended to address State Court matters in these areas of law, as they may have different procedures and timelines. Please contact our office to obtain information regarding State Court information for these specific matters.”
What child protection means?
Child protection is part of the safeguarding process. It focuses on protecting individual children identified as suffering or likely to suffer significant harm. This includes child protection procedures which detail how to respond to concerns about a child.
Mille Lacs Band Family Services (MLBFS) is a tribal agency that reviews reports of abuse to minors. If the report leads MLBFS to believe that a child may be in danger, MLBFS investigators will investigate the report to determine if abuse actually occurred and whether the family needs services. In some cases, MLBFS may file a Child in Need of Protection or Services (CHIPS) Petition with the Court and request that the children be place in either non-relative or relative foster care.
If the initial report of abuse does not lead MLBFS to believe that a child may be in danger, the county may either close the MLBFS file or, in some circumstances, may offer a Family Assessment. If you agree to a Family Assessment, a MLBFS social worker will work with you to find services that may be available to correct any issues in your home.
means a child who:
(1) is abused as defined in this chapter;
(2) is neglected as defined in this chapter;
(3) is abandoned as defined in this chapter, or has no parent, guardian or custodian available who is capable and willing to care for him;
(4) has suffered, or is likely to suffer a physical injury, sexual abuse, or emotional injury, inflicted upon him by other than accidental means, which causes or creates a substantial risk of death, disfigurement or impairment of bodily functions;
(5) has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his parent, guardian or custodian necessary for his health and well-being;
(6) exhibits behavior or whose condition or environment is such as to be injurious or dangerous to the child or others—this may include, but is not limited to, exposure of the child to criminal activity in the child’s home;
(7) being subject to compulsory school attendance, engages in excessive absenteeism (absent on seven (7) or more school days without a reasonable explanation);
(8) habitually disobeys the reasonable and lawful demands of his parents, guardian or other custodian, and is ungovernable and beyond their control;
(9) has committed delinquent or criminal acts, including truancy, as a result of parental pressure, guidance, approval, or failure to properly supervise;
(10) has been subjected to ongoing violence in the home whether or not directed toward the child;
(11) lives where the manufacturing, sale, or possession of controlled substances takes place in the child's home, on the premises of the child's home, or in a motor vehicle that is located on the premises;
(12) is homeless as defined in this chapter; or
(13) when used in referring to an unborn child, is exposed to the habitual and frequent use of alcoholic beverages by the expectant mother of the unborn child, or to any use of controlled substances or controlled substance analogs by the expectant mother of the unborn child.
Neglect is when a child is being deprived of their basic necessities, such as food, clothing, shelter, education, medical care, supervision, protection from harm, or other required care.
(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so;
(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors such as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care; or
(4) failure to ensure that the child is educated as required by law and individual school policy.
(5) “Neglect” shall include “abandoned” children.
After MLBFS receives a abuse report, they have a number of options. One such option is to conduct a Family Assessment, which is merely where a MLBFS social worker meets with you to talk about the abuse report. When families agree to a Family Assessment, MLBFS will not conduct a full investigation, and will not make a determination as to whether abuse did or did not occur. During a Family Assessment, MLBFS’s role is simply to assist the family in finding services for the parents and child so any problems can get better. If however, you decline to cooperate with a Family Assessment and MLBFS believes there is a risk of future harm to your child, MLBFS may determine that a full investigation in necessary.
MLBFS workers typically decide to investigate abuse reports that show that a child is in danger because of abuse or neglect. During an investigation, the MLBFS investigator will likely call you, meet with you, visit your home, interview the children, and interview others (such as medical providers or school teachers). When MLBFS concludes their investigation, they determine two things—whether abuse occurred and whether the family needs services.
As stated above, after a MLBFS Investigator concludes the investigation, they must determine whether or not abuse or neglect occurred. This determination is made by a preponderance of the evidence gathered during the investigation (i.e. more likely than not. If the Investigator believe that the parent did maltreat the child, the worker officially makes a “abuse determination,” and will send the parent a letter stating as such. This letter is a very important document, as it informs you about your appeal rights and how to commence an appeal. It should be noted that you only have 15 days to appeal an abuse determination in writing.
It may be extremely important to appeal an abuse determination as abuse determinations may have negative collateral consequences. Abuse determinations show up on background checks and may prevent you from obtaining or keeping jobs that involve caregiving, such as being a childcare provider, teacher’s aide, bus driver, nurse, PCA, or foster parent. If you have received a letter in the mail from MLBFS stating that it found by a preponderance of the evidence that abuse did occur, contact the abuse attorneys at RAM Law PLLC to schedule your free consultation.
If a child has been abused, is likely to be abused, or has been neglected, MLBFS may open a case file. This case file is maintained by the social services agency and does not mean that a court case has been initiated. Common services MLBFS offers includes referrals for chemical dependency treatment, therapy, and counseling. If you voluntarily agree to accept these offered services, a court case may not be initiated.
MLBFS workers have the authority to remove a child out of the home if a MLBFS worker believes a child is in immediate danger and reasonable grounds exist at the time of the removal and believe removal is necessary. The MLBFS worker will ensure the safety and well-being of the child until such time as the Court assumes control of the matter; and the MLBFS worker provides proper notice to the Court within eight business hours of the removal and to the parents within twelve hours of the removal. Law enforcement officers do have the authority to remove children from their homes for placement in emergency shelters or foster care facilities. When children are removed from a home court hearing must be held within 72 hours, not counting weekends and holidays. At that Hearing a Judge will decide if the child should stay in foster care for the time being or returned home under the supervision of the Court.
If MLBFS believes court intervention is necessary, they will ask the Court for permission to place the children away from the home of a parent who is suspected of abuse. If the Judge grants that request, the child may be placed with a relative, in non-relative foster care or in a residential facility, whichever is the least restrictive placement.
If you are contacted by a MLBFS worker, it is important to make a note of the individual worker that contacted you (as well as their telephone number). You can call this person if you have questions or need information about your case. While it may be frustrating to learn that MLBFS is investigating you (especially if the allegations made against you are truly false), it is still important to be cooperative. However, it is equally as important to be mindful that any comments you make to a MLBFS worker may be used against you in court.
MLBFS cannot legally force you to talk to them. However, if you decline to talk at all to MLBFS, they oftentimes become suspicious, seek the removal of your children from your home, and open a court case against you. If MLBFS requests to interview you, it is extremely important to hire a lawyer and have that lawyer come to the interview. The Attorneys at BMLS are extremely skilled at counseling you during investigations in an effort to avoid a CHIPS case being opened against you. Please call Band Member Legal Services immediately to ensure that you have representation from the beginning of any investigation and child protection matter.