Statutes | 10 GTBC ยง 110 | 2020
(a) Powers and Duties.
(1) Employment. The Anishinaabek Family Services shall employ or contract for at least one (1) protective services worker.
(2) Cooperation with Other Agencies. The Anishinaabek Family Services shall cooperate with such state and community services as are necessary to achieve the purposes of this Code. The Anishinaabek Family Services may negotiate working agreements with other jurisdictions. Such agreements shall be subject to ratification by the Tribal Council.
(3) Protocol. A Protective Services Worker shall:
(A) Receive from any source, oral or written, information regarding a child who may meet the definition of a Dependent Child as defined in sec. of this Code. The identity of the reporting party shall be kept confidential.
(B) Upon receipt of any report or information under § 110(a)(3)(A), initiate a prompt and thorough investigation within twenty-four (24) hours which shall include a determination of the nature, extent, and cause of any condition or circumstances which would demonstrate just cause to bring the child(ren) under the jurisdiction of the Children&rsquos Court.
(C) In conducting an investigation of child abuse or neglect, the protective service worker shall seek the assistance of, and cooperate with law enforcement officials within twenty-four (24) hours after becoming aware that one or more of the following conditions exist:
(i) Abuse or neglect is the suspected cause of a child&rsquos dea th
(ii) A child is the suspected victim of sexual abuse, sexual misconduct or sexual exploitation
(iii) Allegations of Abuse or neglect resulting in severe physical, mental or emotional injuries to a child which require medical treatment For purposes of this subsection, &ldquosevere injury&rdquo includes but is not limited to physical trauma, biological dysfunction medically determined to be caused by the act or omission of another, illness due to injury of undetermined origin for which abuse or neglect is a reasonably likely cause or causative factor.
(iv) Intervention is necessary to ensure the immediate protection of a child, a member of a allegedly abused or neglected child&rsquos household, the protective worker, a witness or reporting party, or another person involved in the investigation or
(v) Any alleged perpetrator of the child&rsquos injury is not a p erson responsible for the child&rsquos health or welfare but resides in the same home as the child or has significant contact with the child.
(vi) A child has committed an act which, if the child were an adult, would be considered a violent felony or the child demonstrates serious substance abuse that has not been addressed under the GTB Juvenile Code.
(D) Emergency Removal In removing a child from the custody of his/her parents, legal guardian, or custodian, pursuant to § 114, Law enforcement officials shall cooperate with social services personnel and act to protect the child, members of the child&rsquos household and social services personnel whenever necessary to facilitate removal of a child into tribal custody
(E) During and after investigation, assess the risk to any children remaining in the residence or domicile or those with whom the alleged perpetrator(s) are like to have contact, and all other facts or matters found to be material to, and probative of allegations of abuse and/or neglect
(F) Substantiate and secure evidence of abuse and/or neglect and that which supports probable cause to believe that a child has been abused or neglected, the identity of the perpetrator(s) and that removal is the least restrictive means by which the safety of the child may be secured
(G) Offer to the child and family appropriate available services and assistance in obtaining services
(H) Within thirty (30) days of referral or removal of a child submit a written report of the investigation and evaluation which shall be included in the official case files maintained by the Anishinaabek Family Services. The report shall include a determination as to whether the report of abuse or neglect was substantiated or unsubstantiated and disposition of placement and
(I) Upon completion of investigation inform a person who initiates a report of abuse or neglect as whether the allegations have been substantiated or not. No other information may be imparted to a reporting party.
(J) Assist in developing individualized, reunification and concurrent permanency plans which reasonably anticipate both the success and failure and include contingency plans for each.
(K) Assist in determining when a reunification plan has been successful and when it has, for whatever reason, failed. When a reunification plan has failed, provide evaluation of the plan and make remedial recommendations as to any elements of the plan which appear to have failed because of systemic or procedural flaws.
(4) Cooperation of Law Enforcement Officials. Law enforcement officials shall fully cooperate with protective services worker(s) and Anishinaabek Family Services in conducting investigations pursuant to this section. Law enforcement shall be responsible for identifying and securing evidence and maintaining police procedures and the chain of custody of such evidence.
(5) Substance Abuse by Pregnant Woman. If a report is received alleging abuse of alcohol or a controlled substance by a pregnant woman, protective services workers shall arrange for appropriate assessments and offer services. Services may include, but are not limited to, a referral for chemical dependency assessment and treatment, pre-natal care, and parenting classes. Protective services workers also may seek court ordered services under § 116. Protective services workers shall seek court ordered treatment under said § 116 if the voluntary services are refused or fail.
(6) In cases in which a child abuse or neglect report cannot be substantiated, or those in which informal intervention seems most appropriate, the protective services worker may meet informally with all interested parties to discuss concerns and remedies with the intent of preventing further intervention.
(b) Limitations on Authority Duty to Inform.
(1) No Legal Authority. Before offering informal, preventative protective services to a family, a child protection worker shall inform the family that he/she has no legal authority to compel the family to accept such services.
(2) If Family Declines. If a family declines informal preventative protective services, the child protection worker(s) may request authorization from the presenting officer to initiate a Dependency petition in Children&rsquos Court if evidence warrants such action If evidence remains insufficient to substantiate abuse or neglect the case shall be closed.
(3) No Limitation of Authority. Nothing in this section limits the authority of protective services worker(s) to act in emergency situations or to obtain a medical evaluation of the child pursuant to § 114.
(4) Communications between family members and AFS staff shall remain confidential. Nothing in this clause is intended to mitigate any mandated reporter&rsquos duty to report child abuse and neglect.
History: Revised Children&rsquos Code, adopted by Tribal Council on January 13, 1999 as amended by Tribal Council October 1, 1999 as amended by Tribal Act #0220.1147, enacted by Tribal Council in Special Session on August 28, 2002 as amended by Tribal Act #05-23.1603 enacted by Tribal Council on March 29, 2006.