Handling a CHIPS Case in FCPC Tribal Court Law Day April 30, 2015

Establishment  Declaration that the children are the Tribe’s greatest resource  Prevent families from breaking up  Specific welfare of the children  General welfare of the community  Requires liberal application of the Code

Jurisdiction  The Tribal Court has exclusive original jurisdiction of all proceedings under the Children’s Code in which a child is alleged to be a child in need of care and is recognized by the Community as a FCPC child.

Who Determines?  Executive Council by Resolution  Tribal Court Judge by an independent finding—finding is final and non- appealable

What Types of Proceedings are Covered?  TPRS  Adoptions  Custody  Guardianships  Placements  Placement and Treatment for mental illness

Definition of Child in Need of Care  No parent able or willing to provide care  Child not being provided adequate food, shelter, clothing medical care, education necessary for child’s health and well- being  Parents subjected child knowingly, intentionally or negligently child in serious danger

Definition cont.  Child is without proper supervision and control because of neglect or absence of parent  Parents unable due to incarceration or hospitalization  Sexually abused by parent  Committing offenses at instance of parent  Habitual truancy  Ungovernable children

Duration  Until the child becomes an adult (18)  When the Court by order terminates jurisdiction

Nuts and Bolts of Process Temporary Issues Resolved Petition Disposition Monitoring

Temporary Matters  Emergency removal  Probable cause for child needing care and would be injured or moved outside Court’s jurisdiction  Reasonable grounds to believe child is a runaway  Pursuant to a Petition where the Court finds probable cause to believe child is in need of care

Investigating Agency  County does investigation and most of the initial screens  Does not exclude the Tribe-Tribe may make its own independent finding for the need

Emergency Custody  Release to child’s parent, guardian or relative unless shelter or detention necessary  Draft TPC order-requires basic facts on jurisdiction and the supporting facts for removal

Criteria for Detention  None, without a Court order, unless:  Probable cause exists child self-injurious or subject to injury by others  Probable cause that no one is available to provide adequate care and supervision  Probable cause that child will run away or otherwise be unavailable for court  Requires a hearing in 48 hours

Detention & Shelter Care Hearings  Child has a right to engage counsel at his or her expense  Court may appoint a GAL  Child must be informed of and indicate an understanding as to why the hearing is being held

Filing Petitions  May be based upon a report given by any person who has knowledge of the facts  Or who is informed of the facts and believes they are true  Or by the ICW staff on “information and belief”

Contents of the Petition  Jurisdictional statement  Statement of facts (parties, acts, dates, times and locations)  Child’s name, d.o.b. and current location  Name and location of child’s parents  ICW must sign off on the petition  Whether the child is in custody-then when taken and where and the grounds for the decision

Processing Petition  Filed  Court Clerk sets time for Initial Appearance and Serves Summons with attached Petition on parents, guardian, and the person with whom the child currently resides  Parents and Guardians have a right to retain counsel at their own expense

Basic Rights in all proceedings  The right to Counsel at their own expense unless Court orders otherwise  To introduce evidence  To examine witnesses  To make statements  To receive discovery  Hearings are closed to the general public

Initial Appearance  Parties are advised of their rights  Admit or Deny  If admitted, the matter is considered adjudicated  If denied, then a fact-finding hearing is scheduled

Fact-Finding Hearing  Discovery  Pre Trial Motions  Pre Trial Disclosure of all Witnesses five days prior to trial  BOP is clear and convincing evidence

Dispositional Hearing  ICW prepares recommendations for services- “Service Plan”  Placement recommendations  Subject to cross examination

Court Required to Consider the Following:  Child’s physical or mental condition  Child’s needs  Degree of parental involvement in the abuse or neglect or abandonment  Parental ability to provide supervision and care

Court’s Options in Order of Preference  Dismiss the Petition  Refer for limited services and dismiss  Order terms of parental supervision when parents if parents have capacity  Shelter Care in order of preference:  Relative  Foster home  Group home

Monitoring  Risks assessed regularly  Compliance with service plan reviewed weekly  Requires authorizations and releases  May be subject to modification by Court order  Must be reviewed annually

Appeal Rights  Must file a Notice of Appeal within 20 days of the mailing of the Final Order (follow Court Rule 8)  Pending Appeals do not suspend the Court’s order unless Appellate Court specifically orders otherwise