Statutes | Indian Child Welfare Code Chapter 20 ยง 20.2, 20.2(k) | 2020
(1) Informal Conference. After the preliminary inquiry, the caseworker may hold an informal conference with the minor and the minors parent, guardian, custodian or legal representative to discuss alternatives to the Adjudicatory Hearing:
(A) The admitted facts bring the case within the jurisdiction of the Court and allow for admission or denial of the Petition by the Parties
(B) An informal adjustment of the matter would be in the best interests of the minor and the Tribe and
(C) The minor and his or her parent, guardian, custodian or legal representative consent to an informal adjustment with knowledge that the consent is voluntary.
(2) Alternatives. As a result of the informal adjustment conference, the caseworker may:
(A) Refer the minor and the parent, guardian or custodian to a community agency for needed assistance
(B) Order terms of supervision, calculated to assist and benefit the minor, parents, guardian or custodian which regulate the activities of the minor and his or her parents, guardian or custodian and which are within their ability to perform
(C) Accept an offer of restitution if voluntarily made by the minor and appropriate or
(D) Recommend that the presenting officer file a petition pursuant to this Code if it appears that no other alternative will be in the best interests of the minor and of the Tribe.
(3) Written Agreement:
(A) Content The caseworker shall set out in writing the agreement and conclusions reached at the informal adjustment conference. The parties shall sign the agreement and be provided with a copy. An informal adjustment agreement shall not exceed six (6) months in length, except that the time period may be extended upon order of the Court.
(B) Review period. The caseworker shall review the family progress every thirty (30) days. If, at any time after the initial thirty (30) day period but before the end of the six ( 6) months, the caseworker concludes that the agreement as it is being followed is not serving the best interests of the child, the caseworker shall recommend that the presenting officer file a petition pursuant to this Code.
(C) Acceptance by Presenting Officer The informal adjustment agreement shall be reviewed by the presenting officer after it is signed by the parties. The presenting officer shall accept or reject the agreement within five (5) days. If the agreement is rejected, the presenting officer shall make written comments indicating what conditions are necessary for the agreement to be accepted. The parties shall be informed at the start of any informal adjustment negotiation by the caseworker that the presenting officer has the authority to review and approve any agreement which is reached.
(D) Notice to the Court The presenting officer shall file a copy of the approved informal adjustment agreement with the Court.
(E) Disposition Upon Completion of Agreement. If the informal adjustment agreement is followed and the caseworker, in conjunction with the Tribal Attorneys Office does not reconunend the extension of the agreement during the informal adjustment period, the presenting officer shall dismiss the petition at the end of the agreement.
(4) Use of Statements Made. No statements made during the informal adjustment conference, whether written, oral or demonstrative, may be used against the minor or any of the parties or witnesses if a petition is filed.