§ 101. Juvenile Court Established
There is hereby created and established within the Tribal Court, a Juvenile Division whose powers and duties are set forth in this Title. A District Court Judge shall be appointed to preside over Juvenile Division pursuant to the rules promulgated by the Judicial Branch.
§ 102. Officers of the Court
The Director of the Indian Child Welfare Department, child protection workers, family violence workers, and other Indian Child Welfare Services are, by virtue of this ordinance and/or Court Order, officers of the Absentee Shawnee Tribal Court.
§ 103. Jurisdiction
(a) Except as otherwise provided by law, the Juvenile Court shall have exclusive jurisdiction in proceedings:
(1) Concerning any child in need of supervision within the Absentee Shawnee Tribe's territorial jurisdiction.
(2) Concerning any child who is delinquent, neglected, or dependent, within the Absentee Shawnee Tribe's territorial jurisdiction.
(3) Concerning any transfer proceeding to or from a court of another sovereign in a children's case.
(4) To determine the legal custody of any child or to appoint a guardian of the person or legal custodian of any child who comes within the Juvenile Court's jurisdiction.
(5) For the issuance of orders of support of minor. nor children.
(6) To determine the parentage of a child and to make an order of support in connection therewith.
(7) For the adoption of a person of any age.
(8) For judicial consent to the marriage, employment, or enlistment of a child, when such consent is required by law.
(9) For the treatment or commitment of a mentally ill or developmentally disabled child who comes within the Court's jurisdiction.
(b) The Juvenile Court has concurrent jurisdiction over the following:
(1) Any person who is a member, or a one-fourth degree or more blood quantum descendant of a member of any Indian Tribe.
(2) Any child residing off the reservation, who is a member of the Absentee Shawnee Tribe of Oklahoma, in proceedings covered by the Indian Child Welfare Act pending in state courts or other tribal courts.
(c) The Court may issue temporary order providing for protection, support, or medical or surgical treatment as it deems in the best interest of any child concerning whom a petition has been filed prior to adjudication or disposition of his/her case.
(d) Nothing in this section shall deprive the Tribal District Court of jurisdiction to appoint a guardian for a child nor of jurisdiction to determine legal custody of a child upon writ of habeas corpus or when the question of legal custody is incidental to the determination of a cause in the Tribal Court except that:
(1) If a petition involving the same child is pending in Juvenile Court or if continuous jurisdiction has been previously acquired by the Juvenile Court, the Tribal Court shall certify the question of legal custody to the Juvenile Court; and
(2) The Tribal Court at any time may request the Juvenile Court to make recommendations pertaining to guardianship or legal custody.
(e) Where a custody award has been made in the Trial District Court in a dissolution of marriage action or another proceeding and the Tribal District Court may take jurisdiction in a case involving the same child if he is deprived or neglected or otherwise comes within the jurisdiction set forth herein.
§ 104. Jurisdiction Over Extended Family
Where the Juvenile Court asserts jurisdiction over a child under this Title, the Court shall also have jurisdiction over the child's extended family whenever necessary to further the best interests of the child.
§ 105. Continuing Jurisdiction
The Juvenile Court may retain continuing jurisdiction over children and their extended families who, while subject to the Juvenile Court jurisdiction, leave the reservation whenever necessary to further the best interests of the child.
§106. Extended Family Defined
For purposes of state court proceedings pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., a child's extended family is defined to mean any familial or culturally defined clan or band relationships.
§ 107. Transfers from State Court or Other Tribal Court
(a) Pursuant to the Indian Child Welfare Act, 25 U.S.C. § 191 l(b), any state court may transfer to the Juvenile Court herein any proceeding for the foster care placement of, or termination of parental rights to, any Indian child who is a member of, or eligible for membership in the Absentee Shawnee Tribe, if the juvenile Court finds that the transfer would not be detrimental to the best interests of the child.
(b) By this Ordinance, the Governor of the Absentee Shawnee Tribe or his designee is hereby established as the appropriate person to receive notice of Indian Child Welfare Act cases from the courts of any state or sovereign .
(c) The Juvenile Court shall determine whether the transfer to the Tribe's jurisdiction would be detrimental to the best interest of the child in a transfer hearing initiated by the Tribe after the order of transfer is received by the Court Clerk of the Tribal Court. In making such determination, the Court may consider:
(1) Whether the child or its family will be in need of special services for physical or mental disease or defect which the Tribe and its resources are unable to adequately provide, and
(2) If transfer is tendered prior to adjudication, whether the witnesses necessary to adjudicate the case will be available. If the witnesses will not appear the Court should decline to accept the transfer until after the adjudication is completed, and
(3) Any other matters which may adversely affect the Tribe's ability to provide treatment or necessary services to the family.
(d) A Court transferring a case to the Tribe's jurisdiction under subsection (a) of this Section shall transmit all documents and legal and. social records, or certified copies thereof, to the Tribal Juvenile Court, which court shall proceed with the case as if the petition had been originally filed or the adjudication had been originally made in this Court. Transfer cases shall be assigned a Tribal Court juvenile division case number as in other cases.
(e) The Indian Child Welfare Department shall conduct an investigation and file a written report, including recommendations as to transfer of the proceedings, with the Tribal Prosecutor within five (5) days of receipt of notice of an Indian Child Welfare Act proceeding or a request for transfer from another tribe.
(f) Upon transfer of jurisdiction from a state or tribal court, the tribal prosecutor shall file a petition in the tribal court to accept transfer of jurisdiction and the Indian Child Welfare Department shall arrange for transportation and placement of the child, if required.
§ 108. Full Faith and Credit.
Orders of state courts and other tribal courts involving children over whom the Juvenile Court could assume jurisdiction shall be recognized and given full faith and credit if:
(a) The issuing court had jurisdiction over the parties and the subject matter;
(b) The procedures specified in the Indian Child Welfare Act, if applicable, were properly followed; And
(c) Due process and other rights provided by the Indian Civil Rights Act were accorded all interested parties.
§ 109. Child Welfare Transfers to Tribal or State Court
(a) The Tribal Juvenile Court, in its discretion, is authorized to transfer any children's case arising within the Tribal jurisdiction, said child not being a member or eligible for membership in the Tribe, to the Court of the child's Indian Tribe, or if the child is a non-Indian, to the Courts of the State where the child is a resident or domiciled, upon the petition of the Prosecutor of the Absentee Shawnee Tribe, either parent, a custodian or guardian, the child's Tribe, or an appropriate official of the child's state.
(b) In making such transfers the Tribal Court may consider:
(1) The best interest of the child, and
(2) Any special needs or mental or physical disease or defects of the child and family and the ability of the Tribe and the receiving jurisdiction to meet those need, and
(3) If transfer is requested prior to adjudication, whether witnesses necessary to the adjudication can attend in the receiving jurisdiction, and
(4) Emotional, cultural, and social ties of the child and its family, and
(5) The likelihood that the same child and family would return to the Tribal jurisdiction within a reasonable time and come before the Juvenile Court again.
(c) Upon entering an order transferring a case as provided in this Section, the Court shall serve a certified copy of the Order of Transfer, the legal case file, and any social or police reports concerning the child's case to the Court Clerk of the receiving jurisdiction by certified mail, return receipt requested. The Juvenile Court may retain physical custody of the child pending an order or notice of acceptance from the receiving jurisdiction, and upon receiving such order for the protection of the child until completion of physical transfer to the receiving jurisdiction.
§ 110. Notice of Legal Rights
(a) At his first appearance before the Court, the child and his parents, guardian or other legal custodian shall be fully advised by the Court of their legal rights, including:
(1) The right to a jury trial upon demand where available;
(2) The right to be represented by an attorney, at their own expense, at every phase of the proceedings;
(3) The right, if found to be without sufficient financial means, to have an attorney appointed at no cost in cases where the Tribe is a party and the termination of the parent-child legal relationship is stated as a possible remedy in the summons. The Court may appoint an attorney without such request if it deems representation by an attorney necessary to protect the interest of the child or other parties.
§ 111 Absentee Shawnee Tribal Prosecutor Duties
The Prosecutor shall represent the Tribe in the interest of child in all proceedings subject to this Title in which the Tribe is a party. In proceedings subject to this Title in which the Tribe is not a party, the Prosecutor shall intervene on behalf of the Tribe in the interest of the child.
§ 112. Jury Trials
(a) A child, his parent or guardian, or any interested I party may demand a trial by jury or the Court on its own motion may order such a jury to try the case in the following cases:
(1) In adjudicatory hearings concerning an alleged delinquent, neglected, or deprived child, or a child in need of supervision, where termination is stated as a possible disposition in the petition.
(2) In termination of parental rights hearings.
(3) In determining the parentage of a child under this Title.
(b) Unless a jury trial is demanded, it shall be deemed to be waived.
§ 113. Procedure
(a) The rules of juvenile procedure herein set forth shall apply in all proceedings under this Title. To the extent that any procedure is not specifically set forth herein, the general rules of civil procedure shall apply.
(b) In cases involving an allegation of delinquency by means of commission of an offense, the adjudicatory hearing shall be held in conformity with the rules of criminal procedure, and the child shall be entitled to all the rights, privileges, and immunities of an accused in a criminal case.
(c) The Courts of the Absentee Shawnee Tribe shall have the authority by written Court rule, not inconsistent with this Title or the Rules of Civil Procedure, and filed of record in the Court Clerk's office to provide for any procedure or form necessary for the efficient, orderly, and just resolution of cases under this Title.
§ 114. Hearings
(a) Hearings shall be held before the Court without jury,except as provided in §112, and may be conducted in an informal manner, except in proceedings brought concerning an alleged delinquent. The general public shall be excluded. The Court shall admit only such persons as have an interest in the case or the work of the Court. Hearings may be continued as ordered by the Court.
(b) A verbatim record shall be taken of all proceedings, unless waived, which might result in the deprivation of custody. A verbatim record shall be made in all other hearings, unless waived by the parties in the proceeding and so ordered by the Judge.
(c) When more than one child is named in a petition alleging delinquency, need of supervision, or neglect or deprived, the hearings may be consolidated; or heard separately at any stage of the proceedings, at the Court's discretion.
(d) Children's cases shall be heard separately from adult's cases, and the child or his parents, guardian,or other custodian may be heard separately when deemed necessary by the Court.
(e) The name, picture, place of residence, or identity of any child, parent, guardian, other custodian, or person appearing as a witness in children's proceedings under this Title shall not be published in any newspaper or in any other publication nor given any other publicity unless for good cause and specifically permitted by order of the Court. Any person who violates the provisions of this subsection is guilty of contempt of court, and upon conviction, thereof, shall be subject to a civil fine of not more than One Thousand Dollars ($ 1,000. 00).
§ 115. Mileage and Witness Fees
In proceedings pursuant to this Code, the Court may allow mileage as in civil actions to witnesses and reimbursement for expert witnesses but shall not be tendered in advance of the hearing.
§ 116. Penalties
A willful violation of any provision of an order of the Court issued under the provisions of this Code shall constitute indirect contempt of court and shall be punishable as such. Punishment for any such act of contempt shall be civil or criminal in nature, at the discretion of the Court. Such punishment if civil shall not exceed a fine of Five Hundred Dollars ($500.00). Such punishment if criminal shall not exceed a fine of Three Hundred Dollars ($300.00), or imprisonment in the tribal jail for not more than thirty (30) days, or both such fine and imprisonment.
§ 117. Social Study and Other Reports
(a) Unless waived by the Court, the Absentee Shawnee Indian Child Welfare or other agency designated by the Court shall make a social study and report in writing in all children's cases except:
(1) If the allegations of a petition are denied by the parents, guardians, or legal custodian, the study shall not be made unti1 the Court has entered an order of adjudication; and
(2) The study and investigation in all adoptions shall be made as provided in the provisions relating to adoptions unless a relative placement.
(b) For the purpose of determining proper disposition of a child the general rules of evidence shall apply; written reports and other materials relating to the child's mental, physical, and social history may be received and considered by the Court along with evidence. The Court shall require that the person who wrote the report or prepared the material appear as a witness and be subject to both direct and cross-examination.
(c) The Court shall inform the child, his parents, legal guardian, or custodian of the right of cross-examination concerning any written report or other material as specified in subsection (b) of this section.
§ 118. Effect of Proceedings
(a) No adjudication or disposition in proceedings under §103 shall impose any civil disability on a child or disqualify him from any Tribal personnel system or military service application or appointment or from holding Tribal office.
(b) No adjudication, disposition, or evidence given in proceedings brought under this Title shall be admissible against a child in any criminal or other action or proceedings, except in subsequent proceedings under this Title concerning the same child.
§ 119. Inspection of Court Records
(a) Records of court proceedings shall be open to inspection by the parents or guardian, attorneys and other parties in proceedings before the Court, and to any agency to which legal custody of the child has been transferred, except records of court proceedings in formal adoption and formal relinquishment proceedings shall be confidential and open to inspection only by Court order.
(b) With consent of the Court, records of court proceedings may be inspected by the child, by persons having a legitimate interest in the proceedings, and by persons conducting pertinent research studies, except in formal relinquishment and formal adoption proceedings.
(c) Probation counselors' records and all other reports of social and clinical studies shall not be open to inspection, except by consent of the Court.
§ 120. Law Enforcement Records
(a) The records enforcement officers concerning all children's cases or children taken into temporary custody or issued a summons under the provisions of this Title shall be maintained separately from the records of arrest and may not be inspected by or disclosed to the public, including the names of children taken into temporary custody or issued a summons, except:
(1) To the victim in each case when the child is found guilty of a delinquent act;
(2) When the child has escaped from an institution to which he has been committed;
(3) By order of the Court;
(4) When the Court orders the child to be held for criminal proceedings;
(5) When there has been a criminal conviction and a presentence investigation is being made on an application for probation; or
(6) When the disclosure is to a Tribal, federal, or state officer, employee, or agency in their official capacity who show a bonafide need for the information requested to assist in apprehension, to conduct a current investigation, or as otherwise provided by Tribal law.
§ 121. Indian Child Welfare -Records
The records of the Children and Family Services Administration concerning all children's, cases under the provisions of the Title shall not be inspected or disclosed to the public, including the names of children taken into temporary custody or issued a , except;
(a) To the victim in each case when the child is guilty of a delinquent act;
(b) When the child has escaped from an institution to which he has been committed;
(c) By order of the Court;
(d) When the Court orders the child to be held for criminal proceedings;
(e) When there has been a criminal conviction and a presentence investigation is being made on an application for probation; or
(f) When the disclosure is to a Tribal, federal, or state officer, employee, or agency in their official capacity who show a bonafide need for the information requested to assist in apprehension, to conduct a current investigation, or as otherwise provided by Tribal law.
§ 122. Identity Confidential
No fingerprint, photograph, name, address,or other info information concerning identity of a child taken into custody or issued a summons under the provisions of this article maybe transmitted to the Federal Bureau of Investigation or any other person or agency except a tribal law enforcement agency when necessary to assist in apprehension or to conduct a current investigation, or when the Court orders the child to be held for criminal proceedings.
§ 123. Search Warrants or Pick Up Orders for the Protection of Children
(a) A search warrant or pick-up order may be issued by the Juvenile Court to search any place for the recovery of any child within the jurisdiction of the Court believed to be a delinquent child, a child in need of supervision, or a neglected or deprived child.
(b) Such a warrant or order shall be issued only on the conditions that the application for the warrant shall:
(1) Be sworn to or affirmed before the Court;
(2) Name or describe with particularity the child sought;
(3) State that the child is believed to be a delinquent child, a child in need of supervision, or a neglected or deprived child and the reasons upon which such belief is based;
(4) State the address or legal description of the place to be searched;
(5) State the reasons why it is necessary to proceed pursuant to this Section instead of proceeding by issuance of a summons.
§ 124. Issuance of Search Warrants or Pick Up Orders
(a) If the Court is satisfied that grounds for the application ion exist or that there is probable cause to believe that they exist, it shall issue a search warrant identifying by name or describing with particularity the child sought and the place to be searched for the child.
(b) The search warrant or pick-up order shall be directed to any law enforcement officer authorized by law to execute it wherein the place to be searched is located.
(c) The warrant or pick-up order shall state the ground:, or probable cause for its issuance.
(d) The warrant or pick-up order shall be served in the daytime unless the application for the warrant alleges that it is necessary to conduct the search at some other time, in which case the Court may so direct.
(e) A copy of the warrant or pick-up order shall be served upon the person in possession of the place to be searched and where the child is to be sought, or if no one is home, a copy shall be left in plain sight within the place searched.
(f) If the child is found, the child shall be taken into custody, transported to and placed in the detention or shelter facility subject to the conditions of §§ 210 (c)(d).
(g) The warrant or pick-up order shall be returned to the issuing court, immediately upon service, and the officer shall subscribe on the warrant his name, the date and time of service, and the place where the child was delivered by him. A copy shall be delivered to the Tribal Prosecutor. If the child was not found, such information should be subscribed on the warrant.
§ 125. Expiration of Search Warrants/Pick Up Orders
A search warrant/pick-up order for the protection of a child shall be null and void if not served within ten days of the date of issuance and a void warrant should be returned with the reason for non-service subscribed thereon.
§ 126. Appeals
(a) An appeal may be taken from any order, decree, or judgment of the court in the same manner as other civil appeals are taken. Initials s I appear on the record on appeal in place of the name of the child and respondents. Appeals shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time.
(b) The Tribe shall have the same right to appeal questions of law in delinquency cases as exists in criminal cases.
Chapter 2
Children
§201. Definitions
(a) "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition (pursuant to the provisions of this Chapter or Chapter 5 of this Code)alleging a child to be neglected, deprived, in-need-of-supervision, or delinquent filed pursuant to this Code are supported by the evidence;
(b) "Aunt" means a person who; by blood or marriage, is:
(1) A female sibling of a biological parent, or
(2) A female cousin of a biological parent, or
(3) A female child of a grandparent, or
(4) Any other female person, who by virtue of an adoption, either of themselves or of a member of their family pursuant to tie laws written or commonly held by virtue of culture, of any Indian Tribe or state would come within the terms of subparagraphs (1), (2), or (3) of this subsection;
(c) "Best Interest of a Child" means all relevant factors including, but not limited to, the following:
(1) Preference of the child's parents as to his custody;
(2) Preference of the child as to his custody;
(3) The interaction and interrelationship of the child with his parents, siblings, and any other persons who may significantly affect a child's best interest;
(4) The child's adjustment to his home, school and community; and
(5) The mental and physical health of all individuals involved;
(d) "Brother" means:
(1) Any male sibling, or
(2) Any other male person, who, by virtue of an adoption either of themselves or of a member of their family pursuant to the laws or customs of any Indian Tribe or state, would hold the relationship of a sibling with the person in question;
(e) "Brother-in-law" means the husband of a sister by blood or marriage;
(f)"Child" means a person under the age of eighteen except any person who has been certified as an adult pursuant to §548 of this Code, or a person who has been emancipated;
(g) "Child care center" means an institution or facility designed for the care of children licensed or approved pursuant to Tribal ordinance, of Program policy, or if outside the Tribal jurisdiction, by the law of the jurisdiction in which such facility is physically located, or both.
(h) "Child in need of mental health treatment" means a child in need of mental health treatment as defined by Oklahoma's Inpatient Mental Health Treatment of Children Act, 43A O.S. §5-501 et seq.;
(i) "Child with a disability" means any child who has a physical or mental impairment which substantially limits one or more of the major life activities of the child or who regarded as having such an impairment by a competent medical professional;
(j)"Cousin" means the child of an aunt or uncle;
(k) "Custody" means guardianship of the person;
(1) "Day treatment" means a nonresidential program which provides intensive services to children who reside in their own home, the home of a relative, group home, a foster home or residential child care facility. Day treatment programs include but are not limited to, educational services;
(m) "Deprivation of custody" means the transfer of physical custody by the Court from a parent or a legal custodian to another person, agency, or institution;
(n) "Deprived child" means a child:
(1) who is for any reason destitute, homeless, or Abandoned, if abandoned when the parent, guardian, or custodian has abandoned the child without apparent intent to return, or who has placed him/her informally and without benefit of tribal custom with any other person, and/or has not contributed to the support of the child or maintained personal contact with the child for a period in excess of 12 months
(2) who does not have the proper parental care or guardianship or whose home is an unfit place for the child by reason of neglect, abuse, cruelty, or depravity on the part of the child's parents, legal guardian, or other person responsible for the child's health or welfare or whose parent, guardian, or custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such maltreatment or abuse and prevent it from recurring,
(3)who is a child in need of special care and treatment because of his physical or mental condition including, but not limited to, a child born in a condition of dependence on a controlled dangerous substance, and his parents, legal guardian, or other custodian is unable or willfully fails to provide said special care and treatment,
(4)who is a child with a disability deprived of the nutrition necessary to sustain life or of the medical treatment necessary to remedy or relieve a life-threatening medical condition in order to cause or allow the death of said child if such nutrition or medical treatment is generally provided to similarly situated children without a disability or children with disabilities whether because of the fault of the parent, guardian, or custodian, or because the parent, guardian, or custodian does not have the ability to provide for the child; provided that no medical treatment is necessary if, in the reasonable medical judgment of the attending physician, such treatment would be futile in saving the life of the child,
(5) who is, due to improper parental care and guardianship, excessively absent from school, if said child is subject to compulsory school attendance,
(6) whose parent or legal custodian for good cause desires to be relieved of custody.
However, no child who, in good faith, is being provided with treatment and care by spiritual means alone in accordance with the tenets and practice of a recognized church, religious denomination, traditional healing or medicine or other religious organization by a recognized practitioner thereof shall be considered, for that reason alone, to I)e a deprived child pursuant to any provision of this Code;
(o) "Dispositional hearing" means a hearing to determine the order of disposition which should be made with respect to a juvenile adjudged to be a ward of the Court to determine what treatment should be ordered for the family and the child, and what placement of the child should be made during the period of treatment;
(p) "Emancipation"means a procedure by which a child who is over sixteen (16) years of age and who has, with the real or apparent assent of his parents, demonstrated his independence from his parents in matters of care, custody and earnings may petition the Court for recognition of such status. The term may include, but shall not be limited to, any child who has sole responsibility for his own support, who is married, or who is in the military;
(q) "Emergency custody: means court-ordered custody of a child prior to adjudication of the child;
(r) "Foster care" or "foster care services" means continuous twenty-four hour care and supportive services provided for a child in foster placement, while the child needs foster care;
(s) "Foster child" means a child placed in foster placement;
(t) "Foster family" means all persons living in a foster family home, other than a foster child;
(u) "Foster family home" means the private residence of a family which provides foster care services to a child. Such term shall include it foster family home, a therapeutic foster family home, or the home of a relative;
(v) "Foster parent" means any individual maintaining a foster family home who is responsible for the care of a foster child;
(w) "Foster placement" means a child placing agency or foster family home providing foster care services;
(x) "Group care facilities" means places other than foster family care homes or child care centers providing care for groups of children;
(y) "Grandparent" means:
(1) A biological grandparent, or
(2) The brothers and sisters of a biological grandparent, and their spouses, or
(3) Any other person, who, by virtue of an adoption either of themselves or a member of their family pursuant to the laws or customs of any Indian Tribe or state, would come within the terms of subparagraphs (1) or (2) of this subsection;
(z) "Guardian" means a person other than the child's parent who is by law responsible for that child;
(aa) "Investigation" means a mandatory preadjudicatory process by the Indian Child Welfare Department to determine the safety of a child and to make a recommendation to the Tribal Prosecutor as to whether a petition should be filed alleging a child to be a deprived child or whether other nonadjudicatory alternatives are available;
(bb) "Indian Child Welfare" or "Indian Child Welfare Department" means the Indian Child Welfare program of the Absentee Shawnee Tribe;
(cc) "Juvenile Court" or "Court" means the Juvenile Division of the Absentee Shawnee Tribal Court System, or the Juvenile Court or C.F.R. Court established for other Indian Tribes, or as state Juvenile Courts is appropriate from the context;
(dd) "Least Restrictive Alternative" means restrictions placed on the child which are reasonably related to the court's objectives and are the least drastic methods available to achieve those objectives;
(ee) "Mental health facility" means a mental health facility as defined by the Oklahoma's Inpatient Mental Health Treatment of Children Act, 43A O.S. §5-501 et seq.;
(ff) "Neglected child" or "dependent child" means a deprived child;
(gg) "Nephew" means the male child of a brother, sister, brother-in-law, or sister-in-law, by blood, marriage, adoption, or custom;
(hh) "Niece" means the female child of a brother, sister, brother-in-law, or sister-in-law, by blood, marriage, adoption, or custom;
(ii) "Out-of-home placement" means a placement, other than a placement in the home of the parent or guardian from whose custody the Court has removed the child, until the child is reunified with the child's parents;
(jj) "Parent" means either a natural parent or a parent by adoption, custom, common law or tradition. Parent does not include an unwed father unless"he has acknowledged paternity of the child orally to two or more disinterested parties or in writing under oath unless paternity has been established by judicial action or was established prior to the child's birth;
(kk) "Permanent custody" means Court-ordered custody of an adjudicated deprived child whose parental rights have been terminated;
(11) "Person responsible for a child's health or welfare" includes a parent; a legal guardian; custodian; a foster parent; a person eighteen (18) years of age or older with whom the child's parent cohabitates or any other adult residing in the home of the child; an agent or employee of a public or private residential home, institution, facility, or day treatment program; or an owner, operator, or employee of a child care facility;
(mm) "Placement agency" means an agency designed the care of children or placement of children licensed or approved pursuant to Tribal ordinance, or, if outside the Absentee Shawnee Tribe's jurisdiction, by the law of the jurisdiction in which such facility is physically located or both;
(nn) "Preliminary inquiry" means an assessment and, Determination as to whether there is sufficient information to proceed with an investigation of abuse or neglect of a child or an investigation of failure to protect by the person responsible for the child when there are allegations of abuse or neglect;
(oo) "Protective custody" means custody of a child taken pursuant to §206 et seq. of this Code;
(pp) "Protective supervision" means a legal status created by court order under which the child is permitted to remain in his own home under the supervision of the Juvenile Court through the Absentee Shawnee Tribal Indian Child Welfare during the period during which treatment is being provided to the family by the Absentee Shawnee Tribal Indian Child Welfare or other agencies designated by the Court;
(qq) "Relative" means a grandparent, great grandparent, brother, sister, aunt, uncle, nephew, niece, cousin, or any other person related to the child within the fourth degree of consanguinity;
(rr) "Residential child care center" means a twenty-four hour a day residential group care facility at which a specified number of children, normally unrelated, reside with adults other than their parents;
(ss) "Residual parental rights and responsibilities" means those rights and responsibilities remaining with the parent after legal custody, or guardianship of the person of said child has been vested in another person, agency or institution, but where parental rights have not been terminated, including, but not necessarily limited to, the responsibility for support, the right to consent to adoption, the right to inherit from the child, and the right to reasonable visitation with the child unless restricted by the Court;
(tt) "Shelter" means a facility for the temporary care of a child in physically unrestricting facilities pending court disposition, or execution of a court order for emergency or temporary placement;
(uu) "Stepparent" means a person married to a biological parent, but who is not a biological parent of the child;
(vv) "Sister" means:
(1) Any female sibling, or
(2) Any other female person, who, by virtue of an adoption either of themselves or of a member of their family pursuant to the laws or customs of any Indian Tribe or state, would hold the relationship of a sibling with the person in question;
(ww) "Sister-in-law" means the wife of a brother by flood or marriage;
(xx) "Temporary custody" means Court-ordered custody of an adjudicated deprived child;
(yy) "Termination of parental rights" or termination of the parent-child legal relationship" means the permanent elimination by Court order of all parental rights and duties, including residual parental rights and duties, but not including the child's right to inherit from the parent whose rights have been terminated and the child's right to receive financial support from the parent whose rights have been terminated;
(zz) "Traditional custodian" means those relatives of the child other than the parents, who, by force of the traditions, customs, and common law of the Absentee Shawnee Tribe have the rights, duties, and responsibilities of assisting the parents in rearing the child and providing for his/her support or may act in loco parentis by virtue of custom and tradition; .
(aaa) "Transfer proceeding" means any proceeding in tie Absentee Shawnee Tribal Court System to grant, accept, or decline transfer of any children's case from or to the courts of any Indian Tribe or state whenever such transfer is authorized by Tribal, federal, or state law;
(bbb) "Treatment and service plan" means a written document which includes at least the following:
A plan
(1) for assuring that the child receives proper care;
(2) for assuring that services are provided to the parents, child and placement providers;
(3) to improve the conditions in the parents' home;
(4) to facilitate return of the child to the child's own home or to an alternate permanent placement;
(5) to address the needs of the child while in out-of-home care; and
(6) that discusses the appropriateness of the services for the child under the Plan;
(ccc) "Tribal Court" means the District Court of the Absentee Shawnee Tribe; and
(ddd) "Uncle" means a person who; by blood or marriage, is:
(1) A male sibling of a biological parent, or
(2) A male cousin of a biological parent, or
(3) A male child of a grandparent, or
(4) Any other male person, who by virtue of in adoption, either of themselves or of a member of their family pursuant to he laws written or commonly held by virtue of culture, of any Indian Tribe or state would come within the terms of subparagraphs (1), (2), or (3) of this subsection;
§202. Evidence of Child Abuse or Neglect in Matrimonial or Child Custody Actions
(a) If the evidence in an action for a divorce, for alimony without a divorce, for an annulment, for custody of a child or for the appointment of a guardian of the person of a child, for habeas corpus in subsequent proceedings in such actions, indicates that a child is deprived, the Court shall notify the Indian Child Welfare Department that the child may be a victim of abuse or neglect.The Indian Child Welfare Department shall conduct a preliminary inquiry or investigation concerning such report. The Indian Child Welfare Department shall submit all. findings regarding the preliminary inquiry to the Tribal Prosecutor and send a copy of its findings to the Court within thirty (30) days of such notice and notify parties to) the proceeding of the submission of the report to the Court. The Tribal Prosecutor shall advise the Court within three (3) days of the receipt of said findings whether a. deprived petition will be filed. If no deprived petition is filed, the Court may take appropriate action regarding the custody of the child or children or appointment of a guardian for the child or children.
(b) Nothing in this section shall preclude the Court from entering an order to have the child or children taken into protective custody if evidence presented to the Court indicates a child is in surroundings that are such as to endanger the welfare of the child. If a child is taken into protective custody by such an order, the provisions of §206 applies.
§203. Intake
(a) Each allegation of child abuse/neglect, delinquency, in need of supervision, in need of treatment within the Court's jurisdiction shall be investigated by the Indian Child Welfare Department and/or the Tribal Police.
(b) An intake refers to the initial process of gathering information which may be pertinent to provide services or proceed with an investigation.
(c) All intakes shall have a written record.
(d) If the Child Welfare officer determines that the interests of the child of the community require that court action be taken, she shall request in writing that the Tribal Prosecutor file a petition and deliver a copy of the entire case file to the Tribal Prosecutor.
(e) If the Child Welfare officer determines that the interests of the child or of the Tribe do not require court action, Indian Child W fare may offer such services and make such referrals to other agencies as may be feasible to help the family with any defined problems.
§204. Tribal Prosecutor Intake/Duties
(a) The Tribal Prosecutor may become involved in a case at any point in any proceeding.
(b) No case shall be entered into in which insufficient evidence exists in order to prosecute unless there is imminent danger to the child, family, or community.
(c) Petitions and any information in any case shall be presented to the Tribal Prosecutor upon request at any reasonable hour.
§205. Responsibility for Deprived Children
It shall be the responsibility of the Indian Child Welfare Department to provide care for deprived children who are committed to the care of the Indian Child Welfare Department for custody or guardianship.
§206. Children Taken Into Custody Prior to Filing of Petition--Protective Custody
(a) A child may be taken into protective custody prior to the filing of a petition:
(1) By a peace officer or officer of the Court. without a court order if the child's surroundings are such as to endanger the welfare of the child;
(2) By an order of the Court issued upon the application of the Tribal Prosecutor. The application presented by the Tribal prosecutor may be supported by a sworn affidavit which may be based upon information and belief. The application shall state facts sufficient to Demonstrate to the Court that there is reasonable suspicion to believe the child is in need of protection due to abandonment, abuse or neglect, or is in surroundings that are such as to endanger the welfare of the child. The application may be verbal, if verbal, a written application shall be submitted to the Court no later than the close of the next day that the Court is open for business; and
(3) By order of the Court when the child is in need of medical treatment or mental health treatment in order to protect the child's health or welfare and the child's parent, legal guardian, custodian, or other person responsible for the child's health or welfare is unwilling or unavailable to consent to such medical or mental health treatment or other her action pursuant to this Code.
(c) Whenever a child is taken into protective custody:
(1) Such child may be taken to a children's shelter;
(2) Such child may be taken before the Judge of the Court for the purpose of obtaining an order for protective custody. The child may be placed in the custody of the Indian Child Welfare Department, if ordered by the Court, for placement in a relative's home or in foster care if such placement is determined by the Indian Child Welfare Department to meet the needs of the child;
(3) Such child may be taken directly to or retained in a health care facility for medical treatment, when it reasonably appears to the peace officer or officer of the court that the child is in need of immediate medical treatment to preserve the child's health, or as otherwise directed by the Court
(4) Such child may be taken directly to or retained in a mental health facility for mental health care, or inpatient mental health evaluation or inpatient mental health treatment, when it reasonably appears to the peace officer or officer of the court that the child is in need of emergency mental health care to preserve the child's health, or as otherwise directed by the Court; and
(5) The Court shall be immediately notified verbally or in writing, that the child has been taken into protective custody. If notification is verbal, written notification shall be sent to the Court no later than the close of the next day that the Court is open for business.
(d) No child taken into protective custody pursuant to this section shall be confined in any jail, adult lockup, or adult or juvenile detention facility. No child shall be transported or detained in a secure facility in association with delinquent, criminal, vicious, or dissolute persons.
§207. Emergency Medical Treatment or Mental Health Care
(a) If the child who is taken into protective custody due to the need of immediate emergency medical treatment or mental health care to protect the child's health or welfare, the Court may issue an emergency ex parte order upon the application of the Tribal Prosecutor. The application for an emergency ex parte order may be verbal or in writing and shall be supported by facts sufficient to demonstrate to the Court that there is reasonable cause to believe that the child is in need of emergency treatment or care to protect the child's health or welfare.
(b) The emergency ex parte order shall be in effect until a full hearing is conducted. A copy of the application, notice for full hearing and a copy of any emergency ex parte order issued by the Court shall be served upon such parent, guardian, or person having custody or control of the child. Within twenty-four (24) hours of the filing of the application, the Court shall hold a full hearing on the application, regardless of whether an emergency ex parte order had been issued or denied.
§208. Immunity From Liability
No peace officer, officer of the Court, or person acting pursuant to Court order authorizing medical treatment or mental health evaluation or treatment in accordance with the provisions of this part for any child found in need of such medical treatment or mental health evaluation or treatment shall have any liability, civil or criminal, for such authorization.
§209. Deferred Prosecution Agreements/Contracts
(a) Prior to the filing of a Petition, either the Court, or the Tribal Prosecutor with the consent of the Indian Child Welfare Department may divert any children's case, except a case alleging physical or sexual abuse, from the court process.
(b) Diversion shall be made by entering into a contract with the child's parents, guardian, or other custodian whereby the parent, guardian, or other custodian agrees to undergo specified treatment for the condition noticed, including an agreement to do or refrain from doing certain acts and the Indian Child Welfare Department and the Tribal Prosecutor agree not to file a petition in the case so long as the parent, guardian, or other custodian comply with the contract.
(c) Each such contract shall contain the following:
(1) The specific facts or allegations, including dates, which gave rise to the condition addressed by the contract.
(2) The specific treatment programs the parents, guardian, or custodian agree to complete successfully and the duration.
(3) The specific tasks which the parents, guardian, or custodian agree to do or to refrain from doing.
(4) The specific treatment or other social services to be offered by the Tribe or other agencies and accepted by the family.
(5) A fixed, limited time for the contract to run not exceeding one year.
(6) That the Tribe will not file a petition on the subject of the contract for the facts or allegations stated if the parents, guardian, or custodian comply with each of the contract terms for the full term of the contract.
(7) That each party has received a copy of the contract.
(d) No diversion contract may place physical custody in any person or agency other than the Parents, guardian, or other legal custodian unless it bears the approval in writing of a Judge of the Juvenile Court.
§210. Deferred Prosecution Agreements/Contracts Admissible
The diversion contract and any statements or admission of the parties made in negotiating or fulfilling the terms of the contract are admissible as evidence. The parents, guardian, or custodian may choose to prove the contract and show their compliance the terms thereof as a defense to a petition filed concerning the matter of the contract. Upon a showing of compliance with the terms of the contract the Court shall dismiss the petition unless it determines by evidence beyond a reasonable doubt that the child is in imminent danger of severe physical or mental harm.
§ 211. Petition Form
A petition in a deprived child proceeding maybe filed by the Tribal Prosecutor to determine if further action is necessary. Such petitions and all subsequent court documents in such proceedings shall contain a heading and title in substantially this following form:
DISTRICT (SUPREME) COURT THE
ABSENTEE SHAWNEE TRIBE OF OKLAHOMA
JUVENILE DIVISION
In the Interest of: )
) Case No.
An Alleged )
§ 212. Petition contents
The petition shall be verified and may be upon information and belief. The petition shall set forth plainly the facts which bring the child within the Court's jurisdiction; the name, age, and residence of the child and the names and residences of his parents, guardian, or other custodian or of his nearest relative if no parent, guardian, or other custodian is known; the relief requested and an endorsement of witnesses intended to be called by the petitioner; if any facts required are not known by the petitioner, the petitioner shall so state, along with the reasons why said facts are not known to petitioner. Any action pertaining to the possible termination of the legal relationship between parent(s) and child(ren) must contain a motion for such action based on continued disregard for the reasonable orders of the Courts of the Absentee Shawnee Tribe. The petition shall be signed by the Tribal Prosecutor or designee. A copy of the petition shall be attached to and delivered with the summons.
§213. Filing Petition When Child in Protective Custody - Time
(a) If a child has been taken into protective custody (pursuant to the provisions of this Code, before a petition for a deprived child proceeding has been filed, the petition shall be filed and a summons issued within five (5) judicial days from the date of such assumption of custody. Except as otherwise provided by this section, if such petition is not filed and a summons issued thereon as required by this subsection, custody of the child shall be released to the child's parent, legal guardian, custodian, or another responsible adult.
(b) If the child has been taken into custody and upon allegations of cruelty on the part of the child's parents, legal guardian, or custodian, the five-day limitation provided for in subsection (a) of this section shall not cause the child to be released to such person. In these cases a petition shall be filed within thirty (30) days of the child being taken into custody.
§214. Amendment of Petition
No pleading subsequent to the petition for a deprived child proceeding is required, and the filing of any motion or pleading shall not delay the holding of the adjudicatory hearing. A petition may be amended by order of the Court at any time before an order of adjudication has been made, provided that the Court shall grant the parties such additional time to prepare as may be required to insure a full and fair hearing. A petition shall be deemed to been amended to conform to the proof where the proof does not change the substance of the act, omission or circumstance alleged. However, the Court shall not amend the adjudicatory category prayed for in the petition.
§ 215. Summons - Form
(a) Upon filing of a petition the Court Clerk shall issue a summons to the respondents and the child as in other civil cases. The summons shall be in substantially the following form:
IN THE DISTRICT COURT OF
ABSENTEE SHAWNEE TRIBE OF OKLAHOMA
JUVENILE DIVISION
SUMMONS
THE ABSENTEE SHAWNEE TRIBE to:
, Respondents.
YOU ARE HEREBY NOTIFIED, that a petition has been filed in the District Court of the Absentee Shawnee Tribe alleging that the above named is a deprived child and that as the (parent) (guardian) (custodian) of said child you have been named as the Respondent, all as more fully set out in the attached petition
YOU ARE THEREFORE ORDERED TO APPEAR at Courtroom of the District Court of the Absentee Shawnee Tribe, (Address of the Court), on the.___ day of____,___ at the hour of ___ o'clock__.m. and to there remain subject to the call of the Court until discharged so that you may be advised of the allegations contained in the petition, and may answer that you admit or deny the allegations of the petition.
YOU ARE FURTHER ORDERED, if the above named child is in physical custody or subject to your.control, to bring, the child to Court with you.
You may seek the advice of an attorney on any matter relating to this action at your own expense.
FAILURE TO RESPOND TO THIS SUMMONS OR TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD(REN) AS DEPRIVED CHILD(REN) AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD(REN) OR THE TERMINATION OF PARENTAL RIGHTS TO THIS CHILD(REN).
________________________________
Court Clerk
(Seal)
(Return as in other civil cases)
(b) The summons shall be served on the person who has actual custody of the child, and if the child has reached the age of twelve (12) years of age, a copy shall be served on the child. If the person who has actual custody (of the child shall be other than a parent or guardian of the child, a copy of the summons shall be served on the parent or guardian, or both, as hereinafter provided. A copy of the summons shall be served on a custodial parent, guardian, or next friend. If no parent or guardian can be found, a summons shall be served on such other person or persons as the Court shall designate. Summons may be issued requiring the appearance of any other person whose presence is necessary.
(c) Service of summons shall be made as provided for in civil actions or service maybe made by certified mail to such person's last known address, requesting a return receipt from the addressee only. If the address of the person to be summoned is not known, or if the mailed summons is returned, the Court may order that notice of the hearing be published once in a newspaper of get feral circulation in the jurisdiction, and a copy of the summons shall be mailed by regular first-class mail to the last- known address of the parent.
(d) The Court shall not hold the hearing until at least forty-eight (48) hours after the service of the summons, except with the consent of the parent or guardian.
(e) If notice is published, the Court shall not hold the hearing until at least ten (10) days after the date of publication.
(f) If one or more persons must be served by publication, the Court may delay the date of hearing, with reasonable notice to the other persons who have been served or are properly and legally notified, to any date that the Court determines to be reasonable and may proceed with the action.
(g) An order determining that a child is deprived shall not become final until thirty (30) days after the date of the publication of the notice.
§ 216. When Summons Unnecessary
A summons need not issue or be served upon any respondent who appears voluntarily, or who waives service in writing before a notary public or Court Clerk, or who has promised to appear at the hearing in writing upon the release of a child from emergency custody or otherwise, but any such person shall be entitled to a copy of the petition and summons upon request.
§217. Additional Parties to be Summoned
The Court on its own motion or on the motion of any party may join as a respondent or require the appearance of any person it deems necessary to the action and authorize the issuance of a summons directed to such person.
§218. Court Diversion by Stipulation
(a) After filing a petition, Indian Child Welfare and the Tribal Prosecutor may divert any children's case, except a case alleging physical or sexual abuse from the adjudicatory process with the consent of the respondents and the Court by stipulation to the validity of the allegations in the petition if:
(1) The Court has informed the child and his parents, guardian, or custodian of their rights to:
(i) deny the allegations of the petition and require the Tribe to prove each allegation by admissible evidence;
(ii) confront and cross-examine witnesses against them and to call witnesses on their own behalf;
(iii) a trial by a jury of six persons at the adjudicatory stage where a jury trial is available;
(iv) be represented by counsel at their own expense at each stage of the proceedings, and, to the extent counsel is available at no fee, to have counsel appointed for them if they cannot afford private counsel;
(vi) and the Court believed they understand their rights.
(There was no roman numeral v in the source document)
§219. Limitation on Diversions
There shall be no diversion where the respondents referred to the Court by any person has had any sustained petition for deprived child in the preceding sixty (60) months.
§220. Failure to Appear
(a) Any person served with a summons who fails to appear without reasonable cause may be proceeded against for contempt of court and a bench warrant may issue.
(b) If after reasonable effort the summons cannot be served or if the welfare of the child requires that he be brought immediate into the custody of the Court, a bench warrant may be issued for the parents, guardian, or other custodian of the child, or a Pick Up Order may issue for the child as provided by law.
(c) When a parent or other person who signed a written promise to appear and bring the child to Court, or who has waived or acknowledged service fails to appear with the child on the date set by the Court, a bench warrant may be issued for the parent or other person, the child, or both.
§221. Appointment of Guardian Ad Litem
(a) The Court may appoint a guardian ad litem to protect the interest of a child in proceedings pursuant to this Chapter when:
(1) No parent, guardian, custodian, or relative of the child appears at the first or any subsequent hearing in the case; or
(2) The Court finds that there may be a conflict of interest between the child and parent, guardian, or other custodian; or
(3) The Court finds that it is in the child's interest, and welfare, and necessary, whether or not a parent, guardian, or other custodian is present.
(b) The Court may appoint a guardian ad litem for any parent in proceedings pursuant to this Code who has been determined to be mentally ill by a Court of competent jurisdiction or is developmentally disabled; except that, if a conservator has been appointed, the conservator may serve as the guardian ad litem. If the conservator does not serve as guardian ad litem, the conservator shall be informed that a guardian ad litem has been appointed.
(c) At the time any child first appears in Court, if it is determined that there is no guardian of the person, the Court shall appoint a guardian of the person of the child before proceeding with the matter.
(d) In all proceedings brought for the protection of a child suffering from abuse or non-accidental injury, a guardian ad litem may be appointed for said child. Said guardian shall have the power to represent the child in the legal proceedings.
(e) All guardians ad litem shall, whenever, practical, be required to personally visit the place of residence of the child.
§222. Adjudicatory Hearing
(a) At the adjudicatory hearing, which shall be conducted as provided in the rules of civil procedure, the Court shall consider whether the allegations of the petition are supported by a preponderance of the evidence; except that jurisdictional matters of the age and residence of the child shall be deemed admitted by or on behalf of the child unless specifically denied prior to the adjudicatory hearing.
(b) When it appears that the evidence presented at hearing discloses issues not raised in the petition, the Court may proceed immediately to consider the additional or different matters raised by the evidence.
(c) In such event, the Court, on the motion of party to the case or on its own motion, shall order the petition to be amended to conform to the evidence.
(d) If the amendment results in a substantial departure from the original allegations in the petition, the Court shall continue the hearing on the motion of any interested party, or the Court may grant a continuance on .its own motion. If it finds it to be in the best interests of the child or any other party to the proceeding.
§223. Mentally Ill and Developmentally Disabled Children
(a) If it appears from the evidence presented at an adjudicatory hearing or otherwise that the child may be mentally ill or developmentally disabled, as these terms are defined in this section, the Court shall order that the child be examined by a physician, psychiatrist, or psychologist and may place the child in a hospital or other suitable facility for the purpose of examination for a period not to exceed thirty (30) days; in the custody and control of the Indian Child Welfare Department.
(b) A suitable facility for the purpose of examination shall be a facility designated by the Court for treatment and evaluation, but neither a Tribal, city or county jail nor a detention facility shall be considered a suitable facility under any circumstances.
(e) If the report of the examination made pursuant to subsection (a) of this section states that the child is mentally ill to the extent that hospitalization or institutional confinement and treatment is required, the Court may order such hospitalization, institutional confinement, or treatment prior to, during, or after adjudication.
(d) The Court-may dismiss the original petition when a child who has been ordered to receive treatment is no longer receiving treatment, due to completion of treatment.
(e) The Court shall set a time for resuming the hearing on the original petition when:
(1) The report of the examination made pursuant to subsection (a) of this Section states that the child is not mentally ill to the extent that hospitalization or institutional confinement and treatment is required;
(2) The child is found not to be mentally ill;
(3) The report of the examination made pursuant to subsection (a) of this Section states that the child is developmentally disabled but not mentally ill.
(f) "Mentally ill person" means a person who is of such mental,condition that a person is in need of supervision, treatment, care, or restraint.
(g) "Developmental disability" means a disability attributable 'to mental retardation, cerebral palsy, epilepsy, autism, or a neurological impairment, which may have originated during the first eighteen years of life which can be expected to continue indefinitely, and which constitutes a substantial handicap.
(h) "Mentally retarded person" means a person whose intellectual functions have been deficient since birth or whose intellectual development has been arrested or impaired by disease or physical injury to such,. an extent that the person lacks sufficient control, judgment, and discretion to manage property or affairs or who, by reason of this deficiency and for the persons own welfare or the welfare or safety of others, requires protection, supervision, guidance, training, control, or care.
§224. Admissibility of prerecorded statements of a child age 12 or under who is victim of abuse
(a) This section shall apply only to a proceeding affecting the parent-child, guardian-child or family relationship in which a child twelve (12) years of age or younger is alleged to have been abused, and shall apply or apply to the statement of that child or other child witness.
(b) The recording of an oral statement of the child made before the proceedings begin is admissible into evidence if:
(1) The Court determines that the time, content, and circumstances of the statement provide sufficient indicia of reliability; no corroboration of the child's statement is necessary for admission;
(2) No attorney for any party is present when the statement is made;
(3) The recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(4) The recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;
(5) The statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question(s);
(6) Every voice on the recording is identified ;
(7) The person conducting the interview of the child in the recording is present at the proceeding and is available to testify; or be cross-examined by any party; and
(8) Each party to the proceeding is afforded an opportunity to view the recording before it is offered into evidence, and a copy of a written transcript transcribed by a licensed or certified court reporter is provided to the parties.
§225. Taking testimony of child age 12 or under in room other than courtroom-Recording
(a) This section shall apply only to a proceeding affecting the parent-child, guardian-child or family relationship in which a child twelve (12) years of age or younger is alleged to have been abused, and shall apply only to the statement of that child or other child witness.
(b) The Court may, on the motion of a party to the proceeding, order that the testimony of the child be taken in a room other than the courtroom and be televised by closed-circuit equipment in the courtroom to be viewed by the Court, the finder of fact and the parties to the proceeding. Only an attorney for each party, the guardian ad litem for the child or other person whose presence would contribute to the welfare and well-being of the child and persons necessary to operate the equipment may be present in the room with the child during his testimony. Only the attorneys for the parties may question the child. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during his testimony, but does not permit the child to see or hear them.
(c) The Court may, on the motion of a party to the proceeding, order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the Court, the finder of fact and the parties to the proceeding. Only those persons permitted to be present at the taking of testimony under subsection (b) of this section may be present during the taking of the child's testimony. Only the attorneys for the parties may question the child, and the persons operating the equipment shall be confined from the child's sight and hearing. The Court shall ensure that:
(1) The recording is both visual and aural arid is recorded on film or videotape or by other electronic means;
(2) The recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;
(3) Every voice on the recording is identified; and
(4) Each party to the proceeding is afforded an opportunity to view the recording before it is shown in the courtroom, and a copy of a written transcript transcribed by a licensed or certified court reporter is provided to the parties.
(d) If the testimony of a child is taken as provided by subsections (b) or (c) of this section, the child shall not be compelled to testify in Court during the proceeding.
§226. Court Diversion
At any time during the adjudicatory process, but prior to the entry of order sustaining the petition as provided in §228 of this Code, a Court Diversion by virtue of Stipulation may be entered as provided in §218 of this Code.
§227. Dismissal of Petition
When the Court finds that the allegations of the petition are not supported by a preponderance of the evidence, the Court shall order the petition dismissed and the legal custody of the child shall be returned to his parents, guardian, or other custodian, further they shall also be discharged from any restriction previously ordered.
§228. Sustaining Petition
When the Court finds that the allegations of the petition are supported by a preponderance of the evidence, the Court shall sustain the petition and make an. order of adjudication setting forth the child to be a deprived child and making the child a ward of the Court. In cases concerning a deprived child, evidence that child abuse or non-accidental injury has occurred shall constitute prima facie evidence that such child is deprived and such evidence shall be sufficient to support an adjudication under this Section.
§229. Temporary Orders
Upon sustaining a petition the Court shall make such dispositional orders as may be necessary to protect the child prior to the dispositional hearing which shall be held without undue delay or may choose of its own volition to hold a dispositional hearing at any reasonable time.
§230. New Hearing Authorized
(a) A parent, guardian, custodian, or next friend of any child adjudicated under this Code, or any person affected by an order in a proceeding under this Chapter, may petition the Court for a new hearing on the following grounds:
(1) That new evidence, which was not known or could not with due diligence have been made available at the original hearing and which might affect the order, has been discovered;
(2) That irregularities in the proceedings prevented a fair hearing.
(b) If it appears to the Court that the motion should be granted, it shall order a new hearing and shall make such disposition of the case as warranted by all of the facts and circumstances and the best interest of the child.
§231. Dispositional Hearing
After making an order of adjudication, finding the child to be a ward of the Court, the Court shall hear evidence on the question of the proper disposition best serving the interests of the child and the Tribe at a hearing scheduled for that purpose.
§232. Social Studies and Reports
(a) The Court may order any agency within its jurisdiction and/or request any other agency to prepare and submit to the Court at any point in the proceedings a social study, home study, family or medical history or other reports which may be helpful in determining proper treatment and disposition for the family.
(b) Such reports shall be filed with the Court and a copy delivered to the parties or their attorney at the earliest opportunity.
§233. Case Plan/Service Plan
(a) In every case the Court shall order Indian Child Welfare to prepare a detailed case plan for the treatment and disposition of the problems identified in the adjudication.
(b) The case plan shall contain:
(1) A brief social and family history.
(2) A brief statement of the causes of the Court exercising its jurisdiction.
(3) The specific treatment programs the family is required to complete, their duration, and what is expected to be accomplished.
(4) The specific actions the parents, guardian, other custodian, or child should be ordered to do or refrain from doing aid the reasons therefore.
(5) The specific treatment or other social services offered by the Tribe or other agencies which the family should be required to accept.
(6) The person or agency to be vested with custody of the child if the child cannot remain in its own home, and a detailed plan describing how and when the child will be returned to its home under supervision and when court supervision should cease.
(7) The goal(s) of the plan, whether that be reunification, independent living, adoption, etc.
(c) The case plan shall be filed with the Court and a copy delivered to the parties or their attorney at the earliest opportunity.
(1) The case plan must contain reasonable goals that can be accomplished. Innovative plans shall be utilized in order to gain a higher prospective degree of success.
§234. Medical Examination
The Court may have the child examined by a physician, psychiatrist, or psychologist, and the Court may place the child in a hospital or other suitable facility for this purpose.
§235. Hearing Purpose
The purpose of the dispositional hearing is for the Court to determine the treatment which should be ordered to attempt to correct the problems which led to the adjudication, and to provide for the health, welfare, and safety of the child during the treatment period or, if treatment cannot or does not correct the problems after actual attempts have been made to do so, to provide for the long term health, welfare, and safety of the child.
§236. Hearing Informal
The dispositional hearing shall be informal and the rules of procedure and evidence shall not apply so that all pertinent information may be considered in determining treatment and disposition. However, when feasible, the Court shall order the writer of any report or study to appear and answer questions regarding that report if it be challenged by any party.
§237. Continuance
(a) The Court may continue a hearing, either on its own motion or on the motion of any interested party, for a reasonable period to receive reports or other evidence, but the Court may continue the hearing for good cause the motion of any interested party in any case where the termination of the parent-child legal relationship is a possible consequence.
(b) If the hearing is continued, the Court shall make an appropriate order for detention of the child for release in the custody of parents, guardian, or other responsible person or agency under such conditions of supervision as the Court may impose during the continuance.
(c) In scheduling investigations and hearings, the Court shall give priority to proceedings concerning a child who is in detention or who has otherwise been removed from his home before an order of disposition has been made.
§238. Order of Protection/Protective Orders
(a) The Court may make an order of protection in assistance o or as a condition of, any decree of disposition authorized by this chapter.. The order of protection may set forth reasonable conditions of behavior to be: observed for a specified period by the parent, guardian, or any other person who is a party to the proceedings.
(b) The order of protection may require any such person:
(1) To stay away from a child or particular residential area;
(2) To permit a parent to visit a child only at stated periods or in supervised conditions;
(3) To abstain from offensive conduct ,against a child, parent, or parents, guardian, or any other person to whom Custody of a child has been given;
(4) To give proper attention to the care of the home;
(5) To cooperate in good faith with an agency.:
(i) which has been given legal custody of a child;
(ii) which is providing protective supervision of a child by court order;
or
(iii) to which the child has been referred by the Court;
(6) To refrain from acts of commission or omission that tend to make a home an improper place for a child; or
(7) To perform any legal obligation of support.
(c) When such an order of protection is made applicable to a parent or guardian, it may specifically require active participation in the rehabilitation process and may impose specific requirements upon such parent or guardian, subject to the penalty of contempt for failure to comply with such order without good cause, as provided in subsection (e) of this section.
(d) After notice and opportunity for hearing is given to a person subject to an order of protection, the order may be terminated, modified, or extended for a specified period of time if the Court finds that the best interests of the child and the Tribe will be served thereby.
(e) A person failing to comply with an order of protection without good cause may be found in contempt of court.
§239. Placement Preferences
(a) In making a placement of or committing legal custody of a child to some person in the dispositional process whether for foster/alternative care or adoption, the Court shall place the child in the following descending order of preference:
(1) the natural parents, adoptive parents, or, step-parents as the case may be;
(2) A preference for placement, in the following order, shall be given to:
(i) Natural, adoptive or step-parents;
(ii) A member of the child's extended family; a child's extended family is defined to mean any familial or culturally defined clan or band relationships within the Absentee, Shawnee Tribe or another Tribe.
(iii) A member of the Absentee Shawnee Tribe;
(iv) A member of an Indian Tribe;
(v) A home licensed by the Absentee Shawnee Shawnee Tribe's Indian Child Welfare Department;
(vi) A home licensed by another Indian Tribe;
(vii) An Indian home licensed by a State;
(viii) A public or private institution for children approved by the Absentee Shawnee Tribe's Indian Child Welfare: Department or operated by an Indian organization which has programs suitable to meet the needs of an Absentee Shawnee child.
(b) Where appropriate the Court may consider the preference of the parents and the proximity of the prospective foster/alternative care home to the child's home in applying these preferences.
(c) For each possible placement, the Court shall consider the willingness, fitness, ability, suitability, and availability of each person in a placement category before considering the next lower level of placement preference.
(d) The Court may place the child in the custody of the Indian Child Welfare for further placement pursuant to subsection (a) of this Section. When the Court does so, the agency shall place said child in accordance with the preferences described above.
(e) State courts shall follow the placement preference rules outlined herein.
§240 Movement of Child in Custody of the Indian Child Welfare Department
(a) The Indian Child Welfare Department shall notify the Court, the Tribal Prosecutor, and the Guardian Ad Litem whenever a child in the custody of the Indian Child Welfare Department is moved from one location to another. Foster parents shall be notified by the Indian Child Welfare Department prior to movement of the child pursuant to the provisions of Chapter 4 of this Code.
(b) The Indian Child Welfare Department shall inform the Court and attorney regarding the location of the child unless the movement was due to an emergency situation, in which case the notification required under this paragraph shall be within one (1) business day after such movement. As used in this subsection "emergency situation" means a movement of the child requested by a person having actual physical custody of a child, if the request is made at a time when the business offices of the parties to be notified are closed, or if movement is for emergency medical treatment.
(c) The Indian Child Welfare Department shall not move any deprived child from one placement to another if the child has already been moved once since the last court hearing without first obtaining the approval of the Court following a hearing into the reasons and necessity for moving the child. However, the Indian Child Welfare Department may move the child due to an emergency, in which case a hearing shall be conducted concerning the reasons and necessity for moving the child, if requested in writing, within ten (10) days following the moving of the child. Court approval shall not be required for movement to or from a children's shelter due to an emergency, including a placement failure, a placement disruption, or similar cause.
§241. Unmanageable and Uncontrollable Children
If a child who has been adjudicated as a deprived child, and who has been placed in the custody of the Indian Child Welfare Department becomes unmanageable and uncontrollable while in the legal custody of the Indian Child Welfare Department, the Department may return the child to the Court for further disposition or may provide information to the Tribal Prosecutor and request the filing of a petition alleging the child to be delinquent, in need of supervision, or in need of mental health treatment, if such petition is warranted by the facts in the case.
§242. Disposition
When a child has been adjudicated to be deprived, the Court shall enter a dispositional order, which shall include one or more of the following provisions the Court finds appropriate:
(a) The Court may place the child in the legal custody of one or both parents or the guardian, with or without protective supervision. under such conditions as the Court may impose.
(b) The Court may place the child in the legal custody of a relative or other suitable person, with or without protective supervision, such conditions as the Court may impose, in accordance with §239 of this Code.
(c) The Court may place legal custody in the Indian Child Welfare Department for placement in a family care home, or other child care facility in accordance with §239 of this Code.
(d) The Court may order that the child be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that he receive other special care and may place the child in a hospital or other suitable facility for such purposes.
§243. Review of Disposition Order
Every disposition order regarding a child adjudicated to be deprived shall be reviewed by the Court at least every six (6) months until such time as the conditions which caused the child to be adjudicated have been corrected or the parental rights of the parent or parents are terminated and a final adoption decreed.
§244. Review Hearing Reports
(a) The Indian Child Welfare Department shall cause to be prepared for each review hearing required herein a written report concerning each child who is the subject of such review.
(b) Said report shall include but not limited to:
(1) A summary of the physical, mental, and emotional condition of the child, the conditions existing in the out-of-home Placement where the child has been placed, and the child's adjustment thereto;
(2) A report on the child's progress in school and, if the child has been placed outside the child's home, the visitation exercised by the parents of the child or other persons authorized by the Court;
(3) Services being provided to a child sixteen (16) years of age.or older to assist in the transition from out-of-home care or other placement to independent living; and
(4) Any efforts on the part of the parent o parents to correct the conditions which caused the child to be adjudicated deprived. Specific recommendations, giving reasons therefor, whether:
(i) the parental rights of the parent or parents of the child should be terminated and the child placed for adoption,
(ii) the child should remain in the home or be placed outside of the home of the child's lawful parents, or
(iii) the child should remain outside the home or be returned to the home from which the child was removed.
(c) The Guardian Ad Litem representing a child m may submit a report to the Court for presentation at the review hearing to assist the court in reviewing the placement or status of the child. The legal custodian shall not deny to a child the right of access to counsel and shall facilitate such access.
(d) All reports shall be filed in the Court no later five (5) days prior to the review. Further, the reports are to be to the Tribal Prosecutor, Guardian Ad Litem, and other parties or attorneys involved no later than five (5) days prior to the review. All incidents and information involving the five days, prior to the review may be given in an addendum to the report in writing or orally, at the review hearing.
§245. Motion for Termination of Parental Rights
Termination of a parent-child legal relationship shall be considered only after the filing of a written motion alleging the factual grounds for termination, and termination of a parent-child legal relationship shall be considered at a separate hearing following an adjudication of a child as deprived or neglected. Such motion shall be filed at least thirty (30) days before such hearing, and shall be signed by the Tribal Prosecutor or designee.
§246. Appointment of Counsel
(a) After a motion for termination of a parent-child legal relationship is filed pursuant to this Chapter, the parent or parents shall be advised of the right to counsel, at their own expense, and counsel shall be appointed whenever counsel is available at no fee or whenever the Court fund has sufficient unobligated funds to pay an attorney.
(b) An attorney, who shall be the child's previously appointed guardian ad litem whenever possible, shall be appointed to represent the child's best. interest in any hearing determining the involuntary termination of the parent-child legal relationship. Additionally, said attorney shall be experienced, whenever possible, in juvenile law. Such representation shall continue until an appropriate permanent placement of the child is effected or until the Court's jurisdiction is terminated. If a respondent parent is a minor, a guardian ad litem shall be appointed and shall serve in addition to any counsel requested by the parent.
§247. Notice of Hearing to Terminate Parental Rights
(a) A parent shall be given actual notice of any hearing to terminate such parent's parental rights. The notice shall indicate the relief requested, and the hearing shall not be held until at least ten (10) days after the receipt of notice, except with the consent of the parent, if known.
(b) If the Court finds that the whereabouts of the parent cannot be ascertained, it may order that notice be given by publication and a copy mailed to the last-known address of the parent. The notice shall be published once in a newspaper of general circulation in the jurisdiction and the hearings I not be held for at least ten(10) days after the date of publication of the notice, Except as otherwise provided by subsection (c), of this section, if a parent has not received actual notice of the hearing at which he is deprived of his, parental rights, the order depriving him of those rights shall not become final for a period of six (6) months after the hearing. Nothing in this section shall prevent the Court from immediately taking custody of a child and ordering whatever action may be necessary to protect his health or welfare.
(c) For the purpose of terminating the parental rights , a father or putative father of a child born out of wedlock who has not, prior to commencement of a proceeding to terminate parental rights to such child, exercised parental rights and duties shall not be deemed to have parental rights to such child. The father or putative father shall be entitled to notice and an opportunity to be heard pursuant to this section, except that the Court may:
(1) Waive notice to a putative father whose identity is unknown to the mother of the child born out of wedlock and the mother of the child signs a sworn statement before the Court that the identity of the father or putative father of the child is unknown and the Court is satisfied, after inquiry in to the matter, that his identity is unknown and with due diligence could not be determined; the willful and deliberate falsification of said sworn statement shall be perjury and shall, upon conviction, be punishable as otherwise provided by law.
(2) When the identity of the father or putative father of a child born out of wedlock is known but his whereabouts is unknown and the Court, after inquiry, is satisfied that after diligent search his whereabouts remains unknown, order that notice be given by publication as provided in subsection (b) of this section and a copy mailed to the last-known address, if known, of such father or putative father. When notice is given by publication the order terminating parental rights shall not become final for a period of fifteen (15) days from the date of the order.
§248. Termination of Parental Rights by Abandonment
Before a termination of the parent-child legal relation based on abandonment can be ordered, the petitioner shall file an affidavit stating what efforts have been made to locate the parent or parents of the child subject to the motion for termination. Such affidavit shall be filed not later than ten (10) days prior to the hearing.
§249. Criteria for Termination
(a) The Court may order a termination of the parent-child legal relationship upon the finding of any of the following:
(1) That the child has been abandoned by his parent or parents;
(2) That the child has been adjudicated as deprived and all of the following exist:
(i) That an appropriate treatment plan approved by the Court has not been reasonably complied with by the parent or parents or has been ignored;
(ii) That the parent is unfit;
(iii) That the conduct or condition of the parent or parents is not likely to change over time;
(iv) That it is in the child's best interest.
(3) A finding that a parent who does not have custody of the child has willfully failed to contribute to the support of the child as provided in a decree of divorce or in some other Court order during the preceding year or, in the absence of such order, consistent with the parent's means and earning capacity; or
(4) A conviction in a criminal action in any,jurisdiction as to physical or sexual abuse of a child or a finding in a deprived child action either of the following has occurred:
(i) The parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child form physical or sexual abuse that is heinous or shocking to the Court or that the child or sibling of such child has suffered severe harm or injury as a result of such physical or sexual abuse;
(ii) The parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or sibling of such child from physical or sexual abuse subsequent to a previous finding that such parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse;
(5) A conviction in a criminal action that the parent has caused the death of a sibling of the child as a result of physical or sexual abuse or chronic neglect of such sibling;
(b) In determining unfitness, conduct, or condition, Court shall find that continuation of the legal relationship between parent and child is likely to result in grave risk of death or serious injury to the child or that the conduct or condition of the parent or parents renders the parent or parents unable or unwilling to give the child reasonable parental care. In making such determinations, he Court shall consider, but not be limited to, the following:
(1) Emotional illness, mental illness, or mental deficiency of the parent of such duration or nature as to render the parent unlikely over time to care for the ongoing physical, mental, and emotional needs of the child;
(2) Conduct towards the child of a physically or sexually abusive nature;
(3) History of violent behavior;
(4) A single incident of life-threatening or gravely disabling injury or disfigurement of the child;
(5) Excessive use of intoxicating liquors or narcotic or dangerous drugs which affect the ability to care and provide for he child;
(6) Neglect of the child;
(7) Long-term confinement of the parent;
(8) Injury or death of a sibling due to proven abuse or neglect by parental figures;
(9) Reasonable efforts by child care agencies which have been unable to rehabilitate the parent or parents.
(c) In considering any of the factors in subsection (b) of this Section in terminating the parent-child legal relationship, the Court shall give primary consideration to the physical, mental, and emotional conditions and needs of the child. The Court shall review and order, if necessary, an evaluation of the child's physical, mental, and emotional conditions.
§250. Criteria for Order Terminating Parental Rights
The Court shall order termination of parental rights if it finds by clear and convincing evidence that termination of parental rights and a permanent placement with another person is in the best interest of the child
§251. Review of Child's Disposition Following termination of the Parent-Child Legal Relationship
(a) The Court, at the conclusion of a hearing which h it ordered the termination of a parent-child legal relationship, shall order that a review hearing be held not later than ninety (90) days following the date of termination. At such hearing, the Indian Child Welfare Department, vested with custody of the child shall report to the Court what disposition of the child, if any, has occurred, and the guardian ad litem shall submit a written report with recommendations to the Court, based upon an independent investigation, for the best disposition of the child..
(b) If no adoption has taken place within reasonable time and the Court determines that adoption is not immediately feasible or appropriate, the Court may order that provision be made immediately for long-term alternative placement of the child.
§252. Expert Testimony
(a) Subject to the availability of funds, an indigent parent has the right to have appointed one expert witness of his own choosing whose reasonable fees and expenses, subject to the Court's prior review and approval, shall be paid from the court funds.
(b) All ordered evaluations shall be made available to counsel as expeditiously as possible prior to the hearing.
§253. Effect of Order
(a) An order for the termination of the parent-child legal relationship divests the child and the parent of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except for the right of the child to inherit from the parent.
(b) No order or decree entered pursuant to this Chapter shall disentitle a child to any benefit due him from any third person, including, but not limited to, any Indian Tribe, any agency, any state, or the United States.
(c) After the termination of a parent-child legal relationship, the former parent is not entitled to any notice of proceedings for the adoption of the child by another, nor has he any right to object to the adoption or to otherwise participate in such proceedings.
§254. Adoption Action Not to be Combined with Termination. of Parental Rights
(c) Except as otherwise provided for in subsection (I ) of this Section, an action to adopt a child shall not be combined with an action to terminate parental rights and when the rights of a parent have been terminated, neither an interlocutory nor a final decree of adoption may be rendered until the decree terminating parental rights has become final.
(d) This section shall not apply to:
(1) A proceeding to adopt a child without the consent of a parent when the Court has determined that consent is not legally required; or
(2) A proceeding to adopt a child born-out of wedlock when the mother of the child is granting consent to the adoption, is a party to the action and there has been no judicial or administrative determination of the paternity.
§255. Confidential nature of proceedings and record
Unless the Court shall otherwise order, all hearings held in proceedings under this chapter shall be confidential and shall be held in closed court without admission of any person other than interested parties and witnesses. Further, all papers, records or files pertaining to proceedings under this chapter, kept by the Court or by the Indian Child Welfare Department shall be confidential and withheld from inspection except upon order of the Court for good cause shown. Upon application and for good cause being shown, the Court, by written order, reciting its findings, permit the necessary information to be released, or may restrict the purposes for which it shall be used. Any person in charge of such records or having access to such records or information who discloses any information, including, but not limited to, all records and reports relevant to the case and any records and reports, contrary to the provisions of this Chapter, may be charged criminally with a misdemeanor or be held civilly liable.
§256. Modification of Decrees or Orders
Any decree or order made pursuant to this Chapter may be modified by the Court at any time; provided, however, that an order terminating parental rights shall not be modified.
§257. Traditional Custodian's and Grandparent Rights
(a) No dispositional order or decree including termination of parental rights and adoption shall divest the child's traditional custodians or grandparent of their right to reasonable visitation with the child and their duty to provide instruction and training to the child regarding Tribal customs and traditions or their duty to provide the necessities of life for the child should the parents be unable to do so, unless those rights and duties have been extinguished in a proceeding in which the individual was a party, provided, that adoptive traditional custodians shall also succeed to these rights and duties.
(b) The rights and duties of the traditional custodians and grandparents may be enforced by court order whenever it appears in the child's best interest to do so, provided, that all parties to the case shall be given notice and an opportunity to be heard.
§258. Orders for Support
(a) Whenever a child is removed from the custody of its parent, guardian, or other custodian, the parent or other person shall be ordered by the Court to contribute a reasonable amount within their means, or to labor for the Tribe, or take other reasonable action to provide support for the child
(b) In cases of necessity, the Court may order a traditional custodian to assist in providing the necessities of life within that custodian's means after a hearing, whether the child has been placed in his own home or elsewhere.
(c) When Indian Child Welfare is paying for alternative/foster care for such child, the contribution of the parent shall be paid to the Court Clerk and dispensed by court order to that agency or the Tribe as may be necessary by law or appropriate in the circumstances.
§259. Voluntary Foster/Alternative Care-Authorized
In order to provide better treatment for a family's problems and to better protect children, the Department is authorized to accept a child for foster/alternative care when:
(a) The parent, guardian, or other physical or legal custodian has consented to such alternative care in writing before the Director of the Indian Child Welfare Department or her designee and that the terms and conditions, and consequences of such consent were fully explained in detail and fully understood in English, or that it was interpreted into an appropriate tribal language which was understood.
(b) A consent to alternative care placement may be withdrawn by the person giving same, the parent or other legal guardian having. legal custody, or a traditional custodian at any time and the child shall be returned to the authorized person requesting the child's release within forty-eight (48) hours.
(c) The Court may enter an order terminating the parent-child legal relationship of one or both parents when all reasonable efforts to treat the family have proven ineffective.
(d) Upon the entry of an order terminating the parent-child legal relationship of both parents, of the sole surviving parent, or of the mother of a child born out-of-wedlock, the Court may:
(1) Vest the Indian Child Welfare Department or a child placement agency with the legal custody and guardians of the person of a child for the purposes of placing the child for adoption according to the placement preferences in §239 of this document; or
(2) Make any other disposition provided in subsection (a) of this Section that the Court finds appropriate.
(e) Upon the entry of an order terminating the parent-child legal relationship of one parent, the Court may:
(1) Leave the child in the legal custody of the other parent and discharge the proceedings; or
(2) Make any other disposition provided in subsection (a) of this Section that the Court finds appropriate.
(f) When a child has been adjudicated neglected because he has been abandoned by his parent or parents, the Court may enter a decree, terminating the parent-child legal relationship if it finds:
(1) That the parent or parents having legal custody have willfully surrendered physical custody for a period of twelve (12) months and during this period have not manifested to the child or the person having physical custody firm intention to resume physical custody or to make permanent legal arrangements for the care of the child; or
(2) That the identity of the parent or parents of the child is unknown and has been unknown for a period of ninety (90) days and that reasonable efforts to identify and locate the parents have failed.
(g) In placing the legal custody or guardianship of the person of a child with an individual or Indian Child Welfare for further placement, the Court shall give primary consideration to the welfare of the child, but shall take into consideration the religious preferences of the child or of his parents whenever practicable.
§260 Emancipation
A child sixteen(16)years or older,but less than eighteen (18)years of age may petition the Court to be considered an emancipated minor. Determination of whether such status shall be given to the minor is to be made by the Juvenile Court. The decision shall be. made by a clear and convincing standard. Evidence for the determination of emancipated status shall include, but is not limited to:
(a) the real or apparent assent of his/her parent(s);
(b) demonstration of his/her independence from s/her parents in matters of care, custody and earnings through employment or other means provides for his/her own food, shelter and other cost-of-living expenses;
(c) proof he/she has sole responsibility for his/her own support;
(d) proof he/she is married;
(e) proof he/she is in the military; or
(f) any other evidence the Court finds relevant to make an emancipation determination.
§301. Legislative Purpose
The Absentee Shawnee Tribal Business Committee hereby declares that the complete reporting of child abuse is a matter of Tribal concern and that in enacting this Chapter it is the intent of the Tribe to protect the children within the jurisdiction of the Tribe and to offer protective services in order to prevent any further harm to a child suffering from abuse. It is the further intent of the Tribe that the various federal, state and Tribal medical, mental health, education, and social services agencies impacting on child welfare matters find a common purpose through cooperative participation in the child protection teams created in this Chapter.
§302. Definitions
As used in this Chapter, unless the context otherwise requires:
(a) "Abuse" or "child abuse or neglect" means an act or omission in one of the following categories which seriously threatens the health or welfare of a child:
(1) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, bums, fracture of any kind, subdural hematoma, soft-tissue swelling, or death, and such condition or death is at variance with the degree or type of such condition or death or circumstances indicate that such condition or death may not be the product of an accidental occurrence;
(2) Any case in which a child is subject to