Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-182 | 2020

A. 
Before entering an order authorizing detention, the Court shall determine, on a case-by-case basis:
(1) 
Whether continuation in the home of the childs parent, guardian or caretaker is contrary to the childs welfare and
(2) 
Whether there are available services that would prevent or eliminate the need for detention.
B. 
If the child can be returned to the custody of the childs parent, guardian or caretaker through the provision of services to prevent or eliminate the need for removal, the Court shall release the child to his or her parent, guardian or caretaker, and order that those services be provided.
C. 
If the child cannot be returned to the custody of the childs parent, guardian or caretaker, the Department shall, as soon as possible, provide referrals for services to enable the childs parent, guardian, or caretaker to obtain any assistance that may be needed to effectively provide the care and control necessary for the child to return to the home.
D. 
Upon entering an order authorizing detention, and in no event later than 60 days following the childs removal from the home of the childs parent, guardian or caretaker, the Court shall determine whether reasonable efforts have been made to safely return and maintain the child in the home.
E. 
Upon making the determinations required by this section, the Court shall enter written findings of fact referencing any and all evidence relied upon in reaching its decision.