Statutes | 10 GTBC ยง 116 | 2020
(a) Restrictions. A child alleged to be Dependent shall not be placed in a jail or other facility intended or used for the incarceration of adults charge with criminal offenses or for the detention of children alleged to be juvenile offenders, nor may a child be placed in a facility for psychiatric care, homelessness, domestic violence victims or substance abusers unless such services are clearly indicated as an immediate need of the child.
(b) Placement Priorities. A child may be placed in the following community based sheltercare facilities listed in order of preference:
(1) Members of the child&rsquos immediate family living in a household separate from that of the child.
(2) Members of the child&rsquos extended family
(3) An Indian family of the Grand Traverse Band which is licensed as a foster home or an Indian family otherwise authorized by law to provide care for the child
(4) A facility operated by a licensed Indian child welfare services agency or
(5) Any other suitable placement which meets the standards for shelter care facilities established and so certified by the Child Protection Team.
(c) Removal of the Alleged Perpetrator. If an alleged perpetrator of child abuse or neglect is identified and resides in the same household as victim, such perpetrator may be ordered from the home until further order of the court or the issuance of findings that allegations of abuse or neglect cannot be substantiated.
(d) Least Restrictive Setting. Until reunification is deemed appropriate, a child shall be placed in the least restrictive setting which most approximates a family environment, and in which his/her special needs, if any, may be met. The child shall also be placed in reasonable proximity to his/her home, taking into account any special needs of the child and the continuity of education, and presuming that reasonable efforts to reunify the family include parental and sibling visitation.
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 Council 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.