Section
3111. General Jurisdiction.
3112. Jurisdiction Over Extended Family.
3113. Continuing Jurisdiction.
3114. Application of the Indian Child Welfare Act.
3115. Exclusive Jurisdiction.
3116. Transfer to State Court or Other Tribal Courts.
3117. Transfer from Other Courts.
3118. Full Faith and Credit, Conflict of Laws.
3119. Rules of Procedure.
3120. Cooperation and Grants.
3121. Outside Social Services Agencies.
3122. Social Worker.
3123. Solicitor General.
3124. Guardian Ad Litem.
3125. Additional Court Personnel [REPEALED].
3126. Modification, Revocation or Extension of Court Orders.
3127. Appeals.
3128. Emancipation [REPEALED].
3129. Authorization of Medical Treatment.
§ 3111. General Jurisdiction.
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(a) The Court of Central Jurisdiction shall exercise subject matter and adjudicatory jurisdiction over matters arising under this chapter. The jurisdiction of the Court shall be civil in nature and shall include the right to issue all orders necessary to ensure the safety of children within the territorial and personal jurisdiction of the Court as established in § 3111(b) below, as well as other children who have been declared to be wards of the Court. The Court shall also have the power to enforce subpoenas and orders of restriction, fines, contempt, confinement and other orders as appropriate.
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(b) The Court shall have jurisdiction over the following persons under this subchapter:
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(1) Members of the Band under the age of eighteen (18) years;
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(2) Persons under the age of eighteen (18) years who are eligible to become members of the Band;
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(3) Indians, as defined in § 3103(w) of this chapter, who are under the age of eighteen (18) years and who are residing or domiciled within Band Lands or the exterior boundaries of the reservation;
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(4) Children residing or domiciled within Band Lands or the exterior boundaries of the reservation, for whatever reason, in the home of a member of the Band or other Indians, as defined in subsection 3103(w) of this chapter, as long as the parents, guardian, or custodians have consented to the jurisdiction of the Court. Such consent, once given, may be revoked only with permission of the Court;
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(5) Children of at least one Band Member who are otherwise ineligible for Band membership, but who are included encompassed by and referenced within Joint Resolution 15-03-207-13, which states, “children of enrolled members of the Mille Lacs Band of Ojibwe shall, for purposes of the Indian Child Welfare Act, be considered enrolled members of the Mille Lacs Band of Ojibwe”;
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(6) Any person between the ages of eighteen (18) and twenty-one (21) whom the Court previously retained jurisdiction over and who has elected to remain in Foster Care until the age of twenty-one (21).
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Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 3.01.
Band Ordinance 31-17.
§ 3112. Jurisdiction Over Extended Family.
Where the Court asserts personal jurisdiction over an individual under § 3111 of this chapter, the Court shall also have jurisdiction over the person’s extended family, including non-member parents of a Band member, whenever the Court deems it appropriate and does not conflict with Federal Due Process procedures.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 3.02.
Band Ordinance 31-17.
§ 3113. Continuing Jurisdiction.
Where the Court deems it appropriate, the Court may retain jurisdiction over children and their extended families who leave the exterior boundaries of the reservation as set forth in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 3.03.
Band Ordinance 31-17.
§ 3114. Application of the Indian Child Welfare Act.
The Court may apply the policies of the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963, where they do not conflict with the provisions of this chapter. The procedures for state courts in the Indian Child Welfare Act shall not be binding upon the Court unless specifically provided for in this chapter.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 3.041.
Band Ordinance 31-17.
§ 3115. Exclusive Jurisdiction.
The Band has exclusive jurisdiction over child custody proceedings, as defined by the Indian Child Welfare Act (25 U.S.C.A. §§§ 1901-1963) if the minor is domiciled or resides on lands under the jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Ordinance 31-17.
§ 3116. Transfer to State Court or Other Tribal Courts.
In any proceeding before the Court, where the Court does not retain exclusive jurisdiction, the Court may transfer the proceedings to an appropriate state court or another tribal court where the state or the other Indian tribe has a significant interest in the child and the transfer would be in the best interests of the child. Factors to be considered for the best interest of the child in regards to a transfer may include: the burden of travel for the family; the child’s connection to the local community; whether the child has siblings who are members of another tribe; and the services available to the child and family in the state or other tribal court.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 3.042.
Band Ordinance 31-17.
§ 3117. Transfer from Other Courts.
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(a) Procedures for Transfer from Other Courts.
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(1) General. The Band may petition or move for transfer from any court claiming jurisdiction over child welfare or custody proceedings.
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(2) Timing. The Band may intervene in State court child welfare or custody proceedings, as defined in the Indian Child Welfare Act, at any point in the proceedings.
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(3) Notice to the Band.
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(i) The Band Family Services department shall be the agent for service of notice of child welfare or custody proceedings.
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(ii) The Band Family Services department shall conduct an investigation in collaboration with the state social services agency or review the original investigation report.
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(iii) The Band Family Services Department will submit their written recommendation for transfer to the Solicitor General at any point in the proceedings.
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(4) Enrollment Information.
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(i) The Band Family Services department shall request enrollment information on the child at the initial investigation. The Band Enrollment Office shall verify the enrollment information immediately.
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(ii) The Band Family Services Department shall also request information regarding the child’s relatives for placement purposes. The Band Enrollment office shall return the relative information within seven (7) days of the request absent good cause.
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(5) Filing with the Courts. The Solicitor General or selected representative shall make a motion to transfer with the transferring court within seven (7) business days of receipt of recommendation from the Band Family Services Department and receipt of child’s enrollment status with the Band.
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(6) Acceptance of Transfer.
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(i) The Court shall accept all state court transfers of child welfare or custody proceedings initiated by the Solicitor General upon verification of enrollment status in accordance with § 3111 of this chapter.
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(ii) The Court shall accept all state court transfers of child welfare or custody proceedings initiated by the parents’ motion upon the recommendation of the Band Family Services department and verification of enrollment status in accordance with § 3111 of this chapter.
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(iii) The Court shall accept all state court transfers of private child custody proceedings initiated by the parents' motion upon verification of enrollment status in accordance with § 3111 of this chapter. The Court may accept state court transfers of private child custody proceedings upon the motion of either parent upon enrollment verification in accordance with § 3111 of this chapter.
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(7) Denial of Transfer.
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(i) The Court may choose to deny a motion for transfer where a transfer of services will not benefit the child, the family or the Band. The Court may consider the ability of the Band Family Services Department to provide specialty services to the family when making this determination.
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(ii) The Court’s decision not to assert jurisdiction at a given time does not preclude it from asserting jurisdiction at a later time, and the denial of a motion to transfer does not preclude the Band from remaining a party to the case as it moves forward in another jurisdiction.
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(8) Provisional Acceptance. The Court may also provisionally accept transfer of a child welfare or custody proceeding pending another court’s consideration of a motion or petition to transfer jurisdiction. The transfer shall automatically become effective the date the other court orders such transfer.
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(b) Procedures upon Transfer.
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(1) Petition. Within five (5) business days of the date of acceptance of Transfer by the Court, Band Family Services shall submit a Child In Need of Protection or Services petition to the Court with the approval of the Solicitor General’s Office.
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(2) Reports Included. The Child in Need of Protection or Services petition shall include the initial investigative report reviewed by the Band Family Services Department upon notice of child custody proceedings. This report may be updated and supplemented with additional materials if the Band Family Services Department finds circumstances have changed since the original investigation. Any supplemental materials must be provided to the Solicitor General’s Office within five (5) business days of the date of an acceptance of transfer of jurisdiction.
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(3) Initial Appearance. The Court shall hold an initial appearance in accordance with this title no later than two (2) weeks after the Child in Need of Protection or Services petition is filed with the Court.
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Historical and Statutory Notes
Source:
Band Ordinance 01-96, §§ 3.043, 3.044.
Band Ordinance 31-17.
§ 3118. Comity; Conflict of Laws.
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(a) State Court Orders. State child custody orders involving children over whom the Children’s Court may exercise jurisdiction may be recognized by the Children’s Court only after a full independent review of such state proceedings has determined:
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(1) the state court had jurisdiction over the child;
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(2) the provisions of the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963 were properly followed;
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(3) due process was provided to all interested persons participating in the state proceedings; and
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(4) the state court proceedings did not violate the public policies, customs, or common law of the Mille Lacs Band.
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(b) Court Orders of Other Tribal Courts. Court orders of other tribal courts involving children over whom this Court could take jurisdiction shall be recognized by this Court after the Court has determined:
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(1) that the other tribal court exercised proper subject matter and personal jurisdiction over the parties; and
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(2) due process was accorded to all interested parties participating in the other tribal court proceeding.
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(c) Mille Lacs Band Interest. Because of the vital interest of the Band in its children and those children who may become members of the Band, the statutes, regulations, public policies, customs and common law of the Band shall control in any proceeding involving an Indian child.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 3.05.
Band Ordinance 31-17.
§ 3119. Rules and Procedure.
The procedures for Child Protection cases shall be governed by the rules of procedure for the Tribal Court that are not in conflict with this chapter.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 4.01.
Band Ordinance 31-17.
§ 3120. Cooperation and Grants.
The Court is authorized to cooperate fully with any federal, state, tribal, public or private agency in order to participate in any foster care, shelter care, treatment or training program and to receive grants-in-aid to carry out the purposes of this chapter. This authority is subject to the approval of the Band Assembly.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 4.02.
Band Ordinance 31-17.
§ 3121. Outside Social Services Agencies.
The Court shall utilize such social services as may be furnished by any tribal, federal or state agency provided that it is economically administered without unnecessary duplication and expense. Outside Local Social Services Agencies may participate in investigation of Child Abuse or Neglect claims, but must coordinate with the Band Family Services Department for any additional contact with Band Families.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 4.03.
Band Ordinance 31-17.
§ 3122. Social Worker Duties.
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(a) Selection. The Mille Lacs Band shall select Social Workers to carry out the duties and responsibilities set forth in this chapter. The persons carrying out the duties and responsibilities set forth in this section may be labeled Social Workers or any other title that the Court finds appropriate so long as they perform the duties and responsibilities set forth in this section.
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(b) Qualifications. The Social Workers shall have an educational background, such as social work or a related degree, and licensing or prior experience in the field of delivering social services to youth and families and shall never have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any two (2) or more misdemeanor offenses, under federal, state or tribal law involving crimes of violence, sexual assault, molestation, exploitation, contact or prostitution, crimes against persons, or offenses committed against children as determined by a background check performed in conjunction with required pre-employment processes. Social Workers shall be licensed according to procedures established by the Department of Health and Human Services in accordance with all applicable federal, state, and tribal law.
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(c) Resource Development. The Social Workers shall identify and develop resources on the reservation, in conjunction with the Commissioner of Health and Human Services, Court, Chief Executive, and Band Assembly to enhance each tribal child’s potential as a viable member of the community.
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(d) Duties. Social Workers shall:
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(1) make investigations as provided in this chapter or as directed by the Court;
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(2) make reports to the Court as provided in this chapter or as directed by the Court;
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(3) perform such other duties in connection with the care, custody or transportation of children as the Court may require.
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(e) Prohibited Duties. The Social Workers shall not be employed as or be required to perform the duties of a prosecutor or law enforcement official.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 5.01.
Band Ordinance 31-17.
Act 74-22.
§ 3123. Solicitor General Duties.
The Solicitor General shall:
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(a) File petitions with the Court as provided in this chapter;
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(b) Represent the Mille Lacs Band in all proceedings under this chapter; and
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(c) Perform such other duties as the Court may order and as required under this title.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 5.02.
Band Ordinance 31-17.
§ 3124. Guardian ad Litem Duties.
At any stage of private child custody or guardianship proceedings conducted under this chapter the Court shall appoint a guardian ad litem representing the child’s best interests. The Court shall appoint a guardian ad litem to represent the child’s best interest in all Child In Need of Protection or Services proceedings.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 5.03.
Band Ordinance 31-17.
§ 3125. Additional Court Personnel.
[REPEALED].
Historical and Statutory Notes
Source:
Band Ordinance 31-17.
§ 3126. Modification, Revocation or Extension of Court Orders.
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(a) The Court may hold a hearing to modify, revoke or extend a Court order under this chapter at any time upon the motion of:
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(1) the child;
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(2) the child’s parent, grandparents, guardian, custodian or wenh’enh;
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(3) the prospective adoptive parent upon Court order;
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(4) the child’s counsel and guardian ad litem;
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(5) the Solicitor General;
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(6) the institution, agency, or person vested with the legal custody of the child or responsibility for protective supervision; or
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(7) the Court on its own motion.
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(b) Any hearing to modify, revoke or extend a Court order shall be held in accordance with the procedures established for the order at issue.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 27.
Band Ordinance 31-17.
§ 3127. Appeals.
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(a) Any party, including the child’s wenh’enh, to a Court hearing may appeal a final court order that substantially impacts the rights of the litigant.
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(b) Any party seeking to appeal a final court order shall file a written notice of appeal with the Court within thirty (30) days of the final order.
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(c) For purposes of appeal, a record of proceedings shall be made available to the child, his parent, grandparents, guardian or custodian, the child’s counsel and others upon court order. Costs of obtaining this record shall be paid by the party seeking the appeal.
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(d) A court order may be stayed by such appeal.
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(e) All appeals shall be conducted in accordance with Band Statute and Court of Central Jurisdiction rules of procedure as long as those provisions are not in conflict with the provisions of this chapter.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 29.
Band Ordinance 31-17.
§ 3128. Emancipation.
[REPEALED].
Historical and Statutory Notes
Source:
Band Ordinance 31-17.
§ 3129. Authorization of Medical Treatment.
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(a) At any time whether or not a child is under the authority of the Band the Court may authorize medical or surgical care for a child when:
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(1) Unavailability of Parent, Guardian or Custodian. A parent, legal guardian or custodian is not immediately available and cannot be found after reasonable effort in the circumstances of the case, or
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(2) Life Endangerment. A physician informs the Court orally or in writing that in his professional opinion, the life of the child would be greatly endangered without certain treatment and the parent, guardian or other custodian refuses or fails to consent. If time allows in a situation of this type, the Court shall cause every effort to be made to grant the parent, guardian or custodian an immediate informal hearing, but this hearing shall not be allowed to further jeopardize the child’s life.
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(b) In making its order the Court shall give due consideration to any treatment being given the child by prayer through spiritual means alone or through other methods approved by Band customs, traditions or spiritual practices.
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(c) After entering any authorization under this section, the Court shall reduce the circumstances, finding and authorization to writing and enter it in the records of the Court and shall cause a copy of the authorization to be given to the physician or hospital or both that was involved.
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(d) Oral authorization by the Court is sufficient for care or treatment to be given and shall be accepted by any physician or hospital. No physician or hospital nor any nurse, technician or other person under the direction of such physician or hospital shall be subject to criminal or civil liability in Court for performance of care or treatment in reliance on the Court’s authorization. Any function performed thereunder shall be regarded as if it were performed with the child’s and the parent’s authorization.
Historical and Statutory Notes
Source:
Band Ordinance 01-96, § 23.
Band Ordinance 31-17.