Statutes | Cherokee Chapter 7B Article 1 ยง 7B-100 | 2019
This subchapter shall be interpreted and construed so as to implement the following purposes and policies:
(1)
To provide procedures for the Court cases brought pursuant to this Chapter that assure fairness, equity and the protection of the constitutional rights of children and parents within the context of the Tribes inherent and sacred duty to protect children and ensure that children are being treated with love and respect according to Cherokee cultural values
(2)
To develop a disposition in each case that reflects consideration of the facts, the developmental stage of each child, the individual needs of the child, and the strengths and abilities of the parents and extended family.
(3)
To provide for services that protect children from harm while strengthening protective factors in the childs life by means that can be measured and that balance the parents rights of family autonomy the childs rights for safety, stability and permanence and the Tribes duty to ensure that children have every opportunity to thrive.
(4)
To provide standards consistent with applicable federal law for ensuring that it is always in the best interests of a child before a Court orders the taking of custody and removal of a child from the home under this chapter and for the return of a child to the custody of the parent or caregiver and to its home and that all decisions are consistent with preventing unnecessary or inappropriate separation of children from their parents or caregivers.
(5)
To provide standards consistent with applicable federal law for ensuring that when it is not in the childs best interest to return custody to the parent or caregiver or to be returned home, the child will be placed in a safe, permanent home within a reasonable amount of time based on developmental needs of the child and that services will be provided to the child and childs caregivers until such time the Tribe is satisfied that the childs physical, social, educational, emotional and behavioral needs are met.
(6)
To provide that all actions and decisions made under the authority of this chapter shall be implemented to serve the best interests of the child. In determining the best interests of the child, the following principles shall govern:
(A)
A childs need for love, nurturing, protection and stability. A child must have a safe and nurturing home environment offering emotional support, comfort, the basic needs of nutrition, clothing, shelter, medical care, including necessary behavioral health services, and protection from danger, violence, or exposure to other harmful conduct present in their home including but not limited to drug or alcohol use that contributes to child maltreatment.
(B)
A childs need for family. A child must have connection to loving family members. Although not all children have the benefit of safe, nurturing family care, nothing can replace the primary role of loving parents and family in a childs life.
(C)
A childs need for identity and development. A child must develop self-identity and awareness of his/her unique role within the larger community, including the childs cultural community. This may include participation in family, community and cultural activities including speaking ones native language, and/or having opportunities and encouragement to pursue education and enriching experiences.
(D)
A childs need for happiness. A child cannot be happy unless his/her primary needs for safety, nutrition, clothing and shelter are met but a child also needs opportunities for play and recreation, leisure time and other activities the child enjoys including possession of toys and other personal items of importance to the child.
(Ord. No. 524 , 7-17-2015)