Statutes | Menominee Tribal Code Part II Chapter 278 Article III ยง 278-63 | 2020
A.
The policy of the Tribe is to protect the best interests of its children and to promote the stability of its families by setting forth standards that reflect its cultural values while providing children a stable foundation in a permanent home. Every child deserves a permanent and stable home, and to be protected from emotional and mental harm caused by separation from his or her family and uncertain temporary placement.
B.
Permanency options shall occur in order of the following preferences:
(1)
Reunify juvenile with parent(s), guardian(s), or caretaker(s)
(2)
Create permanent guardianship with qualified relative
(3)
Create permanent guardianship with person(s) enrolled or eligible for enrollment with the Indian juveniles Tribe
(4)
Create permanent guardianship with a qualified Indian.
(5)
Create permanent guardianship with a non-Indian.
(6)
Adoption with a relative.
(7)
Adoption with a person(s) enrolled or eligible for enrollment with the Indian childs Tribe.
(8)
Adoption by a qualified Indian.
(9)
Adoption by a non-Indian.
(10)
Emancipation.
C.
Permanency plan shall be filed within the first 60 days from the date the juvenile was removed from the home.
E.
These hearings shall review any progress made in the dispositional order and include the following:
(1)
Determine the health and safety of the juvenile, the continuing need for and appropriateness of the placement
(2)
Determine the extent of progress made toward alleviating or mitigating the causes necessitating the placement and
(3)
Project a likely date by which the juvenile may be returned and safely maintained at home and consider permanency options in the event return of the juvenile does not occur.
(4)
Whether reasonable efforts were made to finalize the permanency plan and the progress made towards the dispositional order listed above.
F.
If the Department determines that the most appropriate plan is placement in another planned permanent living arrangement not identified in this chapter, the Court shall ensure that the Department, by compelling reasons and evidence, demonstrate that this is in the best interest of the juvenile and the most appropriate plan. The Court shall enter written factual findings and conclusions of law supporting its judgment.
G.
The permanency plan shall document any decision to pursue or not to pursue a suspension or termination of parental rights.
H.
For juveniles that are in out-of-home care for 15 of the last 22 months, the Department must document by the 15th month one or more compelling reasons not to file a suspension or termination of parental rights unless a petition has been filed. The Department is permitted to alter the permanency plan outside a permanency hearing and does not require the Court to approve such exceptions documented in the plan.