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.
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 MLBS § 1001.

§ 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 10 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 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

  • (7) 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, 3.01-3.06.

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

    • (i) Cleanliness standards,

    • (ii) Heat, water and light standards,

    • (iii) Personnel standards,

    • (iv) Visitation privileges,

    • (v) Occupancy standards,

    • (vi) Provisions for medical and dental care and

    • (vii) 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:

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

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

    • (iii) 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 MLBS § 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 MLBS § 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.