Chapter 13 - Child Protection

SUBCHAPTER

Subchapter 1 - General Provisions

Subchapter 2 - Child Protection Court Procedures

Subchapter 3 - Child Abuse and Neglect

Subchapter 4 - Foster Home Licensing Procedures

Subchapter 5 - Guardianships

Subchapter 6 - Procedures for the Adoption of Children

Historical and Statutory Notes

The preamble of Band Ordinance 01-96 provides:

“Be it enacted by the Band Assembly of the Non-Removable Mille Lacs Band of Ojibwe Indians for the purpose of amending Band Statute 1096 - MLC - 28.


§ 3001. Declaration of Policy.

  • (a) Parents are the foundational and capable caregivers for the sacred life of the child. Where that foundation breaks down, it is the responsibility of the Mille Lacs Band of Ojibwe to ensure the care of its children

  • (b) One of the Mille Lacs Band of Ojibwe's basic inherent sovereign rights is the right to make decisions regarding the best interests of Mille Lacs Band children including who should provide for the care, custody and control of its children. This code is intended to assure a safe, stable, nurturing and permanent environment for the Band's children and to provide for the protection of our children, our people and our way of life.

  • (c) The principles that shall guide decisions pursuant to this code are: protection of the child's safety, wellbeing and welfare and their sense of belonging; preservation of the child's identity as a tribal member and member of an extended family; preservation of the culture, religion, language, values, and relationships of the Band.

  • (d) As an exercise of its inherent sovereignty the Mille Lacs Band has the authority and jurisdiction to formally delegate the authority to its Court of Central Jurisdiction to adjudicate its own customary practices regarding child rearing and child custody.

Historical and Statutory Notes

Source:
Band Ordinance 31-17.

§ 3002. Effective Date.

  • (a) The effective date of Chapter 13, as amended by Ordinance 33-18 and 16-19, shall be December 1, 2020.

  • (b) Chapter 13, as amended by Ordinance 31-17, 33-18, and 16-19, shall not be retroactive or attach new legal consequences to events, orders or decisions preceding the effective date of the statute.

  • (c) Any motion or procedure that is pending in an open case before the Court of Central Jurisdiction or Court of Appeals on or after the effective date of December 1, 2020. shall be decided based on the law in effect prior to December 1, 2020.

Historical and Statutory Notes

Source:
Band Ordinance 33-18.
Band Ordinance 16-19.
Band Ordinance 51-20.