Subchapter 1 - General Provisions

Section

3101. Title of Chapter.
3102. Purpose.
3103. Definitions.
3104. Child Protection Records.


§ 3101. Title of Chapter.

This chapter shall be entitled “The Child Protection Statute”.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 1A.
Band Ordinance 31-17.

§ 3102. Purpose.

This subchapter shall be liberally interpreted and construed to fulfill the following expressed purposes:

  • (a) to recognize and acknowledge the customs and traditions of the Mille Lacs Band with regards to child-rearing;

  • (b) to preserve unity of the family, preferably by separating the child from his parents only when necessary;

  • (c) to take such actions as may be necessary and feasible to prevent the abuse, neglect or abandonment of children;

  • (d) to provide a continuum of services for children and their families ranging from prevention to residential treatment, with emphasis whenever possible on prevention, early intervention and community-based alternatives;

  • (e) to secure the rights of and ensure fairness to the children, parents, grandparents, guardians, custodians, Niiya wen’enhyag, or other parties who come before the Court under the provisions of this chapter;

  • (f) to ensure that courts from other jurisdictions will be willing to return Mille Lacs Band children to the Band pursuant to this chapter;

  • (g) to provide for the welfare, care and protection of the children and families under the jurisdiction of the Mille Lacs Band.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 1.
Band Ordinance 31-17.

§ 3103. Definitions.

See Title 8, Chapter 1 for general definitions applicable to this chapter. For the purposes of this chapter only, “he” means he or she, “his” means hers or his, and singular includes plural, and the following additional definitions apply:

  • (a) “Abandon” or “Abandonment” means the failure of the parent, guardian or custodian to provide reasonable support and to maintain regular contact with a child or otherwise maintain a parental relationship, unless the parent establishes that an extreme financial or physical hardship or treatment for mental disability or chemical dependency or other good cause prevent the parent from making contact with the child. Placement of a child, by mutual consent, with extended family members does not constitute abandonment, unless the parent does not abide by the terms, if any, agreed upon by mutual consent. Reasonable support includes both financial and emotional support.

  • (b) “Active Efforts” means a rigorous and concerted level of case work that uses the prevailing social and cultural values, conditions and way of life of the Mille Lacs Band of Ojibwe to preserve the child’s family and to prevent placement of the child or, if placement occurs, to return the child to the child’s family at the earliest possible time. Family Services must consult with extended family members for help and guidance, and use them as a resource for the child whenever possible. Active efforts may include, but are not limited to:

    • (1) Providing concrete services and access to both tribal and non-tribal services in an on-going manner throughout the case to directly assist the family in accessing and engaging in those services;

    • (2) Arranging visitation and transportation that will take place, whenever possible in the home of the parent, other family members or other non-institutional setting. Visitation shall include close contact with parent, siblings and other relatives. Visitation shall not be withheld for failure to follow a case plan;

    • (3) Using tribally based family preservation and reunification services wherever possible; and

    • (4) Providing services to extended family members to allow them to be considered for placement of the child.

  • (c) “Band Assembly” means the duly elected Band Assembly of the Mille Lacs Band of Ojibwe, a federally recognized Indian tribe. The Band Assembly is composed of the Speaker of the Assembly and the three District Representatives.

  • (d) “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 any other lands subject to the jurisdiction of the Mille Lacs Band.

  • (e) “Case Plan” means any written plan for the delivery of services to a child, parent, guardian or custodian developed according to the requirements of this chapter.

  • (f) “Chemical Dependency” means an addiction to alcohol, prescription medication, or illegal drugs.

  • (g) “Child” means a person who is less than eighteen (18) years old and has not been married or emancipated by order of a court of competent jurisdiction.

  • (h) “Child Abuse” means the infliction of physical, emotional or mental injury on a child, or sexual exploitation of a child and shall include failing to maintain reasonable care and treatment or exploiting or overworking a child to such an extent that his physical, mental or emotional health is endangered.

  • (i) “Child Protection Team” means a team established to involve and coordinate the child protection services of various agencies as set forth in § 3142 of this chapter.

  • (j) “Child in Need of Protection or Services” 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.

  • (k) “Commissioner of Health and Human Services” is a position appointed by the Chief Executive and ratified by the Band Assembly in charge of the direction and vision of all of the Band’s Health and Human Services departments.

  • (l) “Controlled Substance” is any drug or chemical whose manufacture, possession or use is regulated by the federal government as defined by the FDA. A Controlled Substance Analog is a chemical or drug whose chemical makeup is substantially similar to a controlled substance as defined in 21 U.S.C. § 813.

  • (m) “Conservator” means a person appointed by the Court to manage the property of the ward as set forth in this chapter.

  • (n) “Domicile” means a person’s permanent home, legal home or main residence. The domicile of a child is generally that of the custodial parent or guardian. Domicile includes the intent to establish a permanent home or where the parent or guardian considers their permanent home.

  • (o) “Emergency Foster Home” means a family home, which has been licensed to accept emergency placements of children at any hour of the day or night (see “Foster Home”).

  • (p) “Emergency Guardianship” means a guardian who has been granted temporary guardianship status on an emergency basis as set forth in subchapter 5 (§§ 3201-3219) of this chapter.

  • (q) “Extended Family” is defined according to the customs and traditions of the Mille Lacs Band and includes Niiya’wenh’enh’ (Namesake).

  • (r) “Foster Home” means a family home, which has been licensed under subchapter 4 (§§ 3171-3174) of this chapter.

  • (s) “Foster Home Recruiter” means a person selected to inspect and recommend for license foster homes under subchapter 4 (§§ 3171-3174) of this chapter.

  • (t) “General Guardian” means a guardian who has been granted long term guardianship status as set forth in § 3202 of this chapter.

  • (u) “Guardian Ad Litem” means, for the purposes of this chapter, a person appointed by the Court to represent the child’s interests before the Court.

  • (v) “Homeless” describes a situation in which an individual is without permanent housing who may live on the streets; stay in a shelter, mission, single room occupancy facility, abandoned building or vehicle; or repeatedly rely on temporary accommodations in a friend or family members’ home or in any other unstable or non-permanent situation.

  • (w) “Indian” means any member of a federally recognized Indian tribe, band or community, or Alaska Natives, or a person considered by the tribe, band or community to be Indian.

  • (x) “Solicitor General” means the Solicitor General or other designated person who appropriately performs the duties and responsibilities set forth in § 3123 of this chapter.

  • (y) “Neglect” means the:

    • (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.

  • (z) “Open Adoption” means an adoption, which is intended not to permanently deprive the child of connections to, or knowledge of, his natural family.

  • (aa) “Out-of-Home Placement” means a change in residence for the child away from the home of his parent, guardian, or custodian. This term includes, but is not limited to, placement with relatives, foster homes, group homes, emergency shelters, residential facilities, child care institutions and pre-adoptive homes. During this placement period, the Band Family Services department may maintain legal custody of the child.

  • (bb) “Parent” includes a natural or adoptive parent, but does not include persons whose parental rights have been terminated, nor does it include the unwed father whose paternity has not been established pursuant to 8 MLBS §§ 2034-2036.

  • (cc) “Parties” to a child protection matter are:

    • (1) the child’s parent, guardian or custodian;

    • (2) Family Services;

    • (3) the Petitioner;

    • (4) the child’s grandparent by Motion to the Court; and

    • (5) any party who is deemed by the Court to be important to the resolution, whose inclusion is in the best interest of the child, and is granted Party status after Motion and hearing.

  • (dd) “Participants” to a child protection matter are:

    • (1) The child;

    • (2) The child’s parent who is not a legal custodian;

    • (3) Grandparents or other relative providing care for the child;

    • (4) Foster parent;

    • (5) Responsible social service agency when they are not the petitioner;

    • (6) Guardian ad litem for the legal custodian; and

    • (7) Any other person deemed by the Court to be important to the best interests of the child.

  • (ee) “Reservation” means the territory under the jurisdiction of the Mille Lacs Band.

  • (ff) “Social Services” means the Family Services department for the Band that is the responsible social services agency or the Band’s licensed child placement agency.

  • (gg) “Tribal Court” or “Court” means the Court of Central Jurisdiction of the Mille Lacs Band.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 2.
Band Ordinance 31-17.

§ 3104. Child Protection Records.

  • (a) Court Records. A record of all hearings under this chapter shall be made and preserved. All Court records shall be confidential and shall not be open to inspection to any but the following:

    • (1) the child;

    • (2) the child’s parent, grandparent, guardian or custodian;

    • (3) the prospective adoptive parent;

    • (4) the child’s counsel or guardian ad litem;

    • (5) the Court personnel directly involved in the handling of the case;

    • (6) any other person by order of the Court, having a legitimate interest in the particular case or the work of the Court. Access under this subsection shall be by written motion. Absent exigent circumstances, parties listed in subsections 1-4 of Section 3104(a) shall be given notice of the motion and a reasonable opportunity to object to the motion. If the Court grants access to records, it shall do so by written order.

  • (b) Law Enforcement and Family Services Records. Law enforcement records and files concerning a child shall be kept separate from the records and files of adults. All Law Enforcement and Family Services records shall be confidential and shall not be open to inspection to any but the following:

    • (1) the child;

    • (2) the child’s parent, grandparent, guardian or custodian;

    • (3) the child’s counsel or guardian ad litem;

    • (4) Law Enforcement and Family Services personnel directly involved in the handling of the case;

    • (5) the Court personnel directly involved in the handling of the case;

    • (6) any other person by order of the Court, having a legitimate interest in the particular case or the work of the Court. Access under this subsection shall be by written motion. Absent exigent circumstances, parties listed in § 3104(b)(1)-(4) of this chapter shall be given notice of the motion and a reasonable opportunity to object to the motion. If the Court grants access to records, it shall do so by written order.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 28.
Band Ordinance 31-17.