Statutes | 10 GTBC ยง 102 | 2020
As used in this Code:
(a) &ldquoAdult&rdquo: A person eighteen (18) years of age or older or a person under the age of eighteen (18) who has been emancipated by order of a court of competent jurisdiction.
(b) &ldquoAggravated Circumstances&rdquo: Incidents of abuse or neglect perpetrated upon a child which demonstrate such depraved indifference to the health and wellbeing of children, and the community&rsquos standards for the care of children, that reunifications efforts are deemed inappropriate and termination of parental rights may be immediately sought by petition. Aggravated circumstances shall include: the use of a weapon in an act of child abuse, abandonment of a child, addiction at birth, conviction of homicide, sexual abuse of a child or physical abuse which results in permanent injury to, the maiming or death of a child.
(c) &ldquoAnishinaabek Family Service&rdquo: The Tribal agency responsible for administering the protective services provided for in this Children&rsquos Code, including but not limited to, investigating reports of abuse or neglect, planning and implementing reunification efforts, placement, monitoring family progress, permanency planning and serving as the representative services agency of the GTB government in all actions involving member children within other jurisdictions.
(d) &ldquoBest Interests of the Child&rdquo: As used in this Code, the sum total of the following factors to be considered, evaluated, and determined by the Court:
(1) The love, affection, and other emotional ties existing between the parties involved and the child.
(2) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(3) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this Tribe in place of medical care, and other material needs.
(4) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(6) The moral fitness of the parties involved including the criminal history of any person living in the same household as the minor child.
(7) The mental and physical health of the parties involved.
(8) The home, school, and community record of the child.
(9) The reasonable preference of the child, if the Court considers the child to be of sufficient age to express preference.
(10) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(11) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(12) Any other factor considered by the Court to be relevant to a particular child custody dispute.
(13) The willingness to provide the child with a strong cultural identity and to expose the child to the customs, values and mores that may form the child&rsquos cultural.
(e) &ldquoChild&rdquo: A person under the age of eighteen (18) who has not been emancipated by order of a court of competent jurisdiction.
(f) &ldquoChild Abuse&rdquo: Includes but is not limited to:
(1) Any case in which:
(A) The death of a child has occurred due to, or a child exhibits evidence of, skin bruising, bleeding, malnutrition, failure to thrive, burns, fractures of any bone, head or spinal injury, soft tissue swelling and
(B) Such condition is not reasonably explainable as due to accident or illness or medically deemed not likely to be the result of an accident or illness and
(2) A child is or has been subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution or exposure to other sexually inappropriate behavior of an adult in the presence of a child.
(3) A child is, or may be placed at risk of sexual assault, molestation, contact or sexually inappropriate contact by prolonged or unrestricted contact with a person who has been convicted of a crime of sexual misconduct.
(4) The gross or intentional neglect of child&rsquos basic needs including but not limited to the provision of food, clothing, shelter, medical care and education to the degree that the child&rsquos development has been or is likely to be significantly adversely affected, or in which a child manifests severe physical or emotional pathology as a direct result of prolonged or severe neglect.
(5) Children are left without proper supervision for prolonged periods or in conditions or in a manner resulting in or likely to result in physical harm to the child.
(g) &ldquoChild Born Out Of Wedlock&rdquo: A child conceived and born to a woman who is unmarried from the conception to the birth of the child, or a child determined to have been conceived or born during a marriage but who is not the issue of that marriage, or a child who has not been legally adopted by any person.
(h) &ldquoChild Neglect&rdquo: Includes, but is not limited to, Intentional or unintentional negligent treatment or maltreatment of a child, by act or omission, by any person including one who is responsible for the child&rsquos health, welfare and/or safety under circumstances which indicate that the child is at risk for physical, emotional or developmental harm.
(i) &ldquoCustodial Interference&rdquo: Any action which obstructs the reasonable exercise of dominion and control over the life of child by that child&rsquos lawful custodian.
(j) &ldquoCustody&rdquo: Dominion and control over the daily life of a child conducted in the best Interests of the child.
(k) &ldquoDependent Child&rdquo is one:
(1) For whom no adult person has the legal authority and responsibility to assume care and control over the child and to provide the basic necessities of food, clothing, shelter and a healthy environment in which to develop.
(2) Who has suffered or is likely to suffer physical, emotional or developmental harm inflicted by other than accidental means.
(3) Who has been deprived of adequate food, clothing, shelter, medical care, education, or supervision necessary for his or her health and well-being. The fact that some person is providing adequate food, clothing, shelter, medical care, education, or supervision necessary for the health and well-being of a child, shall not be a defense to allegations of neglect unless such care was arranged for by the Respondent for a time certain.
(4) Whose parent has or had a reasonable opportunity to prevent child abuse or neglect and failed to do so, or is or has been in the care and control of any adult person who knew or should have known of a significant risk of harm to a child and intentionally failed to protect that child from harm
(5) Who has committed delinquent acts as a result of parental pressure, guidance, approval or failure to properly supervise
(6) Who has been sexually abused and/or who has been exposed to age inappropriate sexual conduct, sexually explicit materials including but not limited to all media products and objects
(7) Who is born addicted to alcohol, cocaine or any other controlled substance or who substantially manifests symptoms or physical and/or developmental effects of such addition within the first ninety (90) days of life
(8) Whose parents are separated or divorced and no court of competent jurisdiction has issued a temporary custody and support order
(9) Whose parent custodian, or guardian has been convicted of a violent felony or sexual crime against children or a family member.
(10) Whose parent custodian or guardian has been convicted of a crime or series of crimes that are of a nature which demonstrates an inability, unwillingness and/or unfitness to adequately parent the child and protect the child from harm.
(11) A child who has been subjected to ongoing violence In the home whether or not directed toward the child.
(l) (Reserved)
(m) &ldquoControlled Substance&rdquo: A controlled substance as defined now or hereafter by the Public Acts of Michigan. Currently such controlled substances are defined by Act No. 368 of the Public Acts of 1978, as amended, being Sections 333.7101 to 333.7544 of the Michigan Compiled Laws, including methcathinone (&ldquocat&rdquo).
(n) &ldquoCourt&rdquo or &ldquoChildren&rsquos Court&rdquo: The Court of the Grand Traverse Band of Ottawa and Chippewa Indians asserting jurisdiction over matters involving children.
(o) &ldquoCustodian&rdquo: A person other than a parent or guardian, to whom legal custody of the child has been sanctioned by a court of competent jurisdiction.
(p) &ldquoDependency&rdquo: A determination made by a court of competent jurisdiction after a hearing, that a child is at risk of, or has been subject to child abuse or neglect as defined in this Code.
(q) &ldquoDomestic violence&rdquo: Any act or acts of physical, sexual or emotional abuse, assault, threats, intimidation, unreasonable economic deprivation, stalking, harassment, public embarrassment, sexual coercion perpetrated by one family member against another, whether or not residing within the same household, however for purposes of this Code, all members of a household shall be considered &ldquofamily members.&rdquo
(r) &ldquoDomicile&rdquo: The usual and common residence of person defined by a clear intent to maintain residency continuously despite any periodic physical absence from the home. The domicile of a child is presumed to be that of the custodial parent, legal guardian or custodian.
(s) &ldquoExtended Family&rdquo: A person who is the child&rsquos grandparent, aunt, uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first, second cousin, or stepparent.
(t) &ldquoFather&rdquo: A man legally married to the mother of a child at any time from a child&rsquos conception to the minor&rsquos birth or
(1) A man who legally adopts a child or
(2) A man whose paternity has been established in one of the following ways within time limits, when applicable, set by the Court pursuant to this chapter:
(A) The man joins with the mother of the child and acknowledges the child as his child in a writing, executed and acknowledged by them in the same manner provided by law for the execution and acknowledgement of ex parte court orders and recorded at any time during the child&rsquos lifetime in the office of the Tribal Court or in any other court of competent jurisdiction.
(B) The man signs a declaration of paternity upon the birth of the child or the man and the mother file a joint, written request for a correction of the certificate of birth to name the declarent man as the child&rsquos father, and such a revised birth certificate is issued.
(C) The biological father has abandoned a child and a man has held himself out as the father of the child and substantially fulfilled parental responsibilities during the course of the child&rsquos life or both a man and a child of at least eight (8) years of age have maintained a mutually acknowledged relationship of parent and child.
(D) A man, who by order of filiation, or by biological proof of paternity, is determined to be the father of the child in any court of competent jurisdiction.
(u) &ldquoGuardian&rdquo: A person assigned by a court of competent jurisdiction, other than a parent, having the duty and authority to provide care and control of a child as set forth in § 128 of this Code.
(v) &ldquoHe/His&rdquo: The use of he/his means he or she, his or her, child/children, and singular includes plural.
(w) &ldquoImmediate Family&rdquo: Parents, stepparents, siblings, half-siblings.
(x) &ldquoIndian&rdquo: Any member of a federally recognized Indian tribe, band or community, or Alaska Natives, any member of an historic tribe or band recognized by the GTB or the State of Michigan or a person acknowledged by the community to be a Native American.
(y) &ldquoIndian Child&rdquo: A child who is a member of a tribe or band that is acknowledged to exist as a tribe or band by the United States, the Secretary of the Interior or a member of an historic tribe or band recognized by the State of Michigan. A child who is eligible for such membership who is the natural child of at least one (1) parent who is an Indian as defined herein.
(z) &ldquoLeast Restrictive Alternative&rdquo: A placement alternative which creates the least disruption, upheaval or adverse effects upon the child and family when considering the best interests of the child, for obtaining the objectives of the Court and this Code.
(aa) &ldquoLegal Custodian&rdquo: One who by maternity, paternity or valid Order of a Court of competent jurisdiction has custody and control over a minor child.
(bb) &ldquoMinor&rdquo: A person less than eighteen (18) years of age.
(cc) &ldquoMultidisciplinary Team&rdquo: A team established to assist in the prosecution of sexual and physical abuse cases.
(dd) &ldquoParent&rdquo: A person who is legally responsible for the control and care of a child, including a natural or adoptive parent, a legal guardian or custodian excluding persons whose parental rights have been terminated and/or a father whose paternity has not been acknowledged or established as provided for in this Code.
(ee) &ldquoParental Rights&rdquo: Legal rights attached to and associated with parenthood and all attendant responsibilities, duties and obligations including, but not limited to:
(1) Care, custody, maintenance and protection. Parent has the right to lawfully provide for a child&rsquos care, custody, maintenance and protection according to his/her own beliefs, customs and values so long as the child is not placed at risk of physical, emotional or developmental harm.
(2) Adequate guidance. It is presumed that parental guidance is given in good faith and in the best interest of the child. This presumption may only be rebutted by clear and convincing evidence that guidance provided to a child has directly resulted in physical, emotional or developmental harm to the child,
(3) Right to discipline. Parent has right to correct the child by reasonable and timely punishment, including corporal punishment which must be corrective and not punitive and may not result in physical injury to the child. Deprivation of basic needs such as food, shelter, education, medical care or clothing shall not be considered lawful punishment.
(4) Control of education. Parents may educate children as they see fit so long as the child&rsquos intellectual development is age appropriate and meets minimum community standards for academic progress.
(5) Religious training. The religious training of minor children, or lack of it, is a matter solely within the parent&rsquos discretion.
(6) The right to a child&rsquos services and earnings so long as the child is not exploited.
(ff) &ldquoParental Kidnapping&rdquo: The act of a non-custodial parent denying or causing the denial of dominion and control over a child by one lawfully charged with custody of that child. The act of a non-custodial parent to remove a child from the jurisdiction of the Court which rendered or is in the process of rendering a custody or placement determination.
(gg) &ldquoParenting Time&rdquo: Scheduled times in which a Respondent and other approved family members may engage in interaction with a child who has been removed from his or her domicile pursuant to this Code.
(hh) &ldquoParty in Interest&rdquo: In any court action pursuant to this Code, the Petitioner, the Respondent and the Child(ren) who are the subject of any legal proceeding arising from enforcement of this Code.
(ii) &ldquoPermanency Plan&rdquo: A plan for long-term placement and care of a child who has been adjudicated Dependent under the provisions of this Code and has remained in protective placement for a period of time that would indicate that long-term or permanent placement and care are in the best interests of the child.
(jj) &ldquoPetitioner&rdquo: The person, agency or entity seeking relief or remedy under the provisions of this Code.
(kk) &ldquoPresenting Officer&rdquo: The Tribal prosecuting attorney or an assistant Tribal prosecuting attorney who represents the Tribe in all matters related to this Code and the Indian Child Welfare Act 25 U.S.C. § 1901 et seq. or 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 court cases involving GTB member families.
(ll) &ldquoProtective Placement&rdquo: Provision of residence for a child outside of the child&rsquos domicile intended to be temporary pending investigation or adjudication of allegations of Child abuse or neglect as defined herein.
(mm) &ldquoProtective Services Worker&rdquo: The protective services worker, social services worker, law enforcement personnel or any person who performs the duties and responsibilities set forth in § 110 of this Code.
(nn) &ldquoReasonable Efforts&rdquo: The mandated responsibility of GTB to provide individually specific services in support of reunification which are conducive to altering individual and family behaviors and attitudes that pose a risk to children. Services should, whenever possible, be culturally specific and always remedial in intent.
(oo) &ldquoRespondent&rdquo: The person or persons alleged to have violated provisions of this Code.
(pp) &ldquoReunification&rdquo: The preferred goal of remedial plans to eliminate or alleviate circumstances within family life that may cause or contribute to a risk of physical, emotional or developmental harm to the child.
(qq) &ldquoReunification Plan&rdquo: The plan for the provision of services, participation and compliance by parties in interest, placement, parenting time and other relevant factors that are reasonably designed to facilitate the eventual reunification of a family under provisions of this Code or to prevent the breakup of a family under provisions of this code.
(rr) &ldquoSix-County Primary Service Area&rdquo: The U.S. Department of Interior&rsquos administrative designation of Charlevoix, Antrim, Grand Traverse, Leelanau, Benzie and Manistee Counties as the Grand Traverse Band&rsquos primary service area.
(ss) &ldquoTermination of Parental Rights&rdquo: A judgment by a court of competent jurisdiction that, after trial and deliberation, it is in the best interest of a child to permanently terminate a respondent&rsquos legal rights to custody and control over the child and to permanently place the child in the custody and care of a person or entity suited to assume the parental responsibilities of custody and care of a child,
(tt) &ldquoTribal Council&rdquo: The elected governing body, exercising the legislative and executive powers, of the Grand Traverse Band of Ottawa and Chippewa Indians as set forth in the GTB Constitution.
(uu) &ldquoTribal Court&rdquo: The Tribal Court of the Grand Traverse Band of Ottawa and Chippewa Indians. A court of general jurisdiction functioning within the Tribal Judiciary, the Appellate Court functioning within the Tribal Judiciary, the judicial branch of the Grand Traverse Band government as set forth in the GTB Constitution.
(vv) &ldquoTribe&rdquo: The Grand Traverse Band of Ottawa and Chippewa Indians.
(ww) &ldquoTribal Lands&rdquo: Lands owned by the Grand Traverse Band of Ottawa and Chippewa Indians lands owned by the United States of America in Trust for the Grand Traverse Band of Ottawa and Chippewa Indians lands within the exterior boundaries of the Grand Traverse Band and Indian Country as defined in 18 U.S.C. § 1151.
(xx) &ldquoWard&rdquo: A child who has been adjudicated a dependent child, over whom the Tribal Court has jurisdiction. A dependent child is a temporary ward of the Court until the time the case is dismissed and/or jurisdiction terminates. In cases where parental rights are terminated, the child becomes a permanent ward of Tribal Court.
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, as 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 amended by Tribal Council motion, enacted on July 27, 2016.