Statutes | Cherokee Code Chapter 7B Article 3 ยง 7B-302 | 2019
(a) When a report of any form of child maltreatment is received and passes initial screening criteria for merit, the director of the department of human services shall notify a child welfare agent on the ICWT and the team members shall immediately, but in no case later than 24 hours from receipt of the report investigate and make prompt and thorough assessments as described below.
(1) The child welfare agent shall conduct a home study assessment which shall focus on the childs environment, needs and
safety, which includes but is not limited to the:
(A) Gathering of facts related to the allegations in the report, the current safety of the child, the risk of subsequent
maltreatment, and ascertaining if other children live in the home and if so, initiating an additional investigation and
assessment for those children
(B) Evaluation of the families protective capacities related to child safety and risk for subsequent child maltreatment
and of the conditions of the home environment
(C) Evaluation of the familys strengths and needs
(D) Initial determinations for the necessity of the provision of welfare services for the child and the childs household
and
(E) Ability and/or willingness of the family to accept responsibility for jeopardizing issues, to make changes, and respond
to services as part of a collaborative team process.
(2) The behavioral health agent should in most cases accompany the child welfare agent to observe, collect facts and
information pertaining to the child and family members and individuals involved with the household in their home
environment and identify any safety concerns, parenting protective capacities or other behaviors that create a safety
risk or behavioral health issues.
(A) Completion of a comprehensive clinical assessment specifically designed for child welfare cases shall occur at a later
time by the behavioral health agent only if maltreatment is substantiated The comprehensive clinical assessment is
separate and apart from the initial observation described in subsection 7B-302(a)(2) and is not to be completed
within the required 24-hour time frame which applies only to the initial observations by a behavioral health agent
under subsection 7B-302(a)(2).
(b) After the investigative assessments are conducted, there shall be a determination made that must include whether child maltreatment occurred, the extent of the maltreatment, whether child protective or other services are needed, and the risk of subsequent maltreatment.
(1) Once investigative assessments have been conducted, regardless of substantiation of maltreatment, a child and the
childs household shall continue to be eligible for services provided by the Tribe either as requested by the child or
household or as ordered by the Court.
(c) If the director or ICWT member, at any time after receiving a report that a child may be maltreated, determines that the childs legal residence is in another jurisdiction, the director shall promptly notify the director in the jurisdiction of the childs residence, and the Tribal director and the director for the jurisdiction shall coordinate efforts to ensure that appropriate actions are taken.
(d) The director and ICWT members may not enter a private residence for purposes of investigative assessments without at least one of the following:
(1) The reasonable belief or suspicion that a child is being maltreated or is in imminent danger of death or serious physical
injury.
(2) The permission of the parent or person responsible for the childs care or the permission of the home owner or
leaseholder(s) if they live at the home with the child or consent by one who appears to have the authority to give
permission to enter or search a residence.
(3) The accompaniment of a law enforcement officer who has legal authority to enter the residence.
(4) An order from a Court of competent jurisdiction.
(e) The director or ICWT member shall immediately notify the Cherokee Indian Police Department when any report of child maltreatment alleges that a crime was committed and shall immediately or within 24 hours coordinate with the Cherokee Indian Police Department to conduct coordinated investigations. Nothing shall prevent the director or ICWT from requesting assistance and nothing shall prevent the Cherokee Indian Police Department from assisting with any duties of the director or ICWT upon request when director or ICWT believes assistance from law enforcement is necessary to protect the peace or safety of anyone involved in responding to a report of child maltreatment.
(Ord. No. 524 , 7-17-2015)