Statutes | 10 GTBC ยง 108 | 2020
(a) Children&rsquos Court Judge. Shall preside over cases involving minor children and their families.
(1) Appointment. The Children&rsquos Court Judge(s) shall be appointed in the same manner as the Tribal Court Judges.
(2) Qualifications. The general qualifications for Children&rsquos Court Judges shall be the same as the Tribal Court Judges.
(3) Powers and Duties. In carrying out the duties and powers specifically enumerated under this Code, judges of the Children&rsquos Court shall have the same duties and powers as judges of the Tribal Court, including, but not limited to, the contempt power, the power to issue arrest or custody warrants, and the power to issue search warrants. The Chief Judge shall retain the power to delegate certain administrative duties of the Children&rsquos Court to appropriate personnel.
(4) Disqualification or Disability. The rules of disqualification or disability of a Children&rsquos Court Judge shall be the same as those rules that govern Tribal Court Judges.
(b) Presenting Officer. One charged by the Chief Judge of Tribal Court to present cases involving abuse and neglect to the GTB Children&rsquos Court for adjudication and to represent the interests of GTB in State court cases involving GTB member families.
(1) Appointment. The Children&rsquos Court Presenting Officer shall be appointed in the same manner as the Tribal Prosecutor pursuant to the Tribal Prosecutor&rsquos Ordinance.
(2) Qualifications. The general qualifications for the presenting officer shall be the same as the qualifications for Tribal Prosecutor specified in the Tribal Prosecutor&rsquos Ordinance. The presenting officer must have education or experience in the adjudication of ICWA cases and be familiar with tribal court procedures.
(3) Powers and Duties. The Tribal presenting officer shall have the same powers and duties as the Tribal Prosecutor has in Tribal Court. The presenting officer shall represent the Tribe in all proceedings under this Code and the Indian Child Welfare Act. The presenting officer or an assistant presenting officer shall serve as legal counsel for the Anishinaabek Family Services Program.
(4) Removal Disqualification or Disability. The rules of removal, disqualification or disability of the presenting officer shall be the same as those for the Tribal Prosecutor as enumerated in the Tribal Prosecutor&rsquos Ordinance.
(c) Counsel for Parents, Parents may be represented at each stage of proceedings under this Code by an attorney or lay advocate at their own expense. Parents shall be notified of their right to representation in all dependency and termination proceedings.
(d) Guardians Ad Litem (GAL).
(1) Appointment. At any stage of proceedings conducted under this Code, the Court may appoint a guardian ad litem for the child. The GAL may be a lawyer, or a disinterested lay advocate approved by the Court.
(2) Role of the Guardian Ad Litem. The duty of the guardian ad litem is to represent and assert the best interests of the child. A child fourteen (14) years of age or older is presumed capable of determining what is in his or her best interests and may direct the GAL accordingly. It is the duty of the guardian ad litem to represent the child&rsquos wishes in such cases. For children under the age of fourteen (14), the guardian ad litem shall make a determination as to the best interests of the child regardless of whether that determination reflects the wishes of the child. However, the wishes of the child are always relevant and shall be weighed according to the competence and maturity of the child and in consideration of the child&rsquos circumstances. The GAL is required to assert the best interests of the child and, when appropriate, the child&rsquos wishes in all placement and reunification planning procedures.
(3) Duties of the Guardian Ad Litem. The guardian ad litem shall perform the following duties:
(A) Appear at all hearings and competently and diligently represent and assert the best interests of the child in all proceedings before the Court
(B) Conduct an independent investigation, including interviewing the child, parents, social workers, school personnel, care providers, and other persons to properly ascertain the facts and circumstances which are material to determining the best interests of the child
(D) Provide a written report of findings of best interests as defined herein to the Court and all parties in interest regarding placement, remedial efforts and reunification prior to dependency and termination hearings or as ordered by the Court.
(E) Seek specific and clear orders for evaluation and assessment when appropriate as well as services and treatment for the child that will advance the goal of reunification of the family whenever possible.
(F) Monitor development and implementation of reunification plans and court orders to determine whether plans and orders are, under the circumstances reasonable, timely executed and are designed to accomplish clear goals.
(G) Assert appropriate Court action if services are in adequate or not being made available to the child and/or the family, or if such services are not achieving their purposes
(H) Identify common interests among the parties and, when possible, promote a cooperative resolution of issues before the court
(I) Consult with other professionals in identifying the child&rsquos best interests, current and future placements, and necessary services
(J) Advocate for the best interests of the child in mental health, educational, juvenile justice, and other community systems when related to the circumstances causing the child to come within the jurisdiction of the Children&rsquos Court
(K) Attend training programs as recommended and provided by the Court, Anishinaabek Family Services and
(4) Confidentiality. Except as otherwise directed by the Court, All records, information, and reports prepared, acquired or received or reviewed by Guardians ad litem are confidential and shall only be disclosed or dispersed pursuant to this Code or other Tribal law.
(e) Officers of the Court.
(1) All Court Personnel and attorneys practicing before the Court shall be considered Officers of the Court with duties of ethical and fair conduct in all dealings with the court in accordance with the Michigan Rules of Professional Conduct for attorneys. The Chief Judge shall ensure that each officer of the court upholds his or her duty to the court and that the independence and dignity of the Court is preserved.
(2) All GTB employees who are officers of the Court shall submit to background checks and shall adhere to all Court policies and procedures and shall uphold the law of the Grand Traverse Band of Ottawa and Chippewa Indians.
(3) Officers of the Court shall be immune from civil suit arising from any act or omission occurring pursuant to or in execution of their official duties as officers of the Court.
(4) (Reserved)
(5) Child Protective Services Worker: As described in § 110 of this Code shall be considered officers of the Court for purposes of final oversight and immunity in all matters brought before the Children&rsquos Court pursuant to this Code.
(6) Investigator: Any law enforcement officer or agent who has engaged in investigation of child abuse and neglect charges and/or assisted in determining the grounds for a Child Dependency Petition shall be considered officers of the court for purposes of immunity in all matters brought before the Children&rsquos Court pursuant to this Code.
(7) Presenting Officer: As described in this code shall be considered an officer of the court for purposes of final oversight and immunity in all matters brought before the Children&rsquos Court pursuant to this Code.
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 and by Tribal Council motion, enacted on July 27, 2016.