Handling a
CHIPS Case in
FCPC Tribal
Court
Law Day
April 30, 2015
Establishment
 Declaration
that the children are the
Tribe’s greatest resource
 Prevent families from breaking up
 Specific welfare of the children
 General welfare of the community
 Requires liberal application of the Code
Jurisdiction
 The
Tribal Court has exclusive original
jurisdiction of all proceedings under the
Children’s Code in which a child is
alleged to be a child in need of care and
is recognized by the Community as a
FCPC child.
Who Determines?
 Executive
Council
by Resolution
 Tribal
Court Judge
by an independent
finding—finding is
final and nonappealable
What Types of Proceedings are
Covered?
 TPRS
 Adoptions
 Custody
 Guardianships
 Placements
 Placement
illness
and Treatment for mental
Definition of Child in Need of
Care
 No
parent able or willing to provide care
 Child not being provided adequate food,
shelter, clothing medical care, education
necessary for child’s health and wellbeing
 Parents subjected child knowingly,
intentionally or negligently child in
serious danger
Definition cont.
 Child
is without proper supervision and
control because of neglect or absence of
parent
 Parents unable due to incarceration or
hospitalization
 Sexually abused by parent
 Committing offenses at instance of
parent
 Habitual truancy
 Ungovernable children
Duration
 Until
the child becomes an adult (18)
 When the Court by order terminates
jurisdiction
Nuts and Bolts of
Process
Temporary Issues Resolved
Petition
Disposition
Monitoring
Temporary Matters
 Emergency



removal
Probable cause for child needing care and
would be injured or moved outside Court’s
jurisdiction
Reasonable grounds to believe child is a
runaway
Pursuant to a Petition where the Court finds
probable cause to believe child is in need
of care
Investigating Agency
 County
does investigation and most of
the initial screens
 Does not exclude the Tribe-Tribe may
make its own independent finding for the
need
Emergency Custody
 Release
to child’s parent, guardian or
relative unless shelter or detention
necessary
 Draft TPC order-requires basic facts on
jurisdiction and the supporting facts for
removal
Criteria for Detention
 None,
without a Court order, unless:
 Probable cause exists child self-injurious
or subject to injury by others
 Probable cause that no one is available to
provide adequate care and supervision
 Probable cause that child will run away or
otherwise be unavailable for court
 Requires a hearing in 48 hours
Detention & Shelter Care
Hearings
 Child
has a right to engage counsel at his
or her expense
 Court may appoint a GAL
 Child must be informed of and indicate
an understanding as to why the hearing is
being held
Filing Petitions
 May
be based upon a report given by any
person who has knowledge of the facts
 Or who is informed of the facts and
believes they are true
 Or by the ICW staff on “information and
belief”
Contents of the Petition
 Jurisdictional
statement
 Statement of facts (parties, acts, dates,
times and locations)
 Child’s name, d.o.b. and current location
 Name and location of child’s parents
 ICW must sign off on the petition
 Whether the child is in custody-then
when taken and where and the grounds
for the decision
Processing Petition
 Filed
 Court
Clerk sets time for Initial
Appearance and Serves Summons with
attached Petition on parents, guardian,
and the person with whom the child
currently resides
 Parents and Guardians have a right to
retain counsel at their own expense
Basic Rights in all proceedings
 The
right to Counsel at their own expense
unless Court orders otherwise
 To introduce evidence
 To examine witnesses
 To make statements
 To receive discovery
 Hearings are closed to the general public
Initial Appearance
 Parties
are advised of their rights
 Admit or Deny
 If admitted, the matter is considered
adjudicated
 If denied, then a fact-finding hearing is
scheduled
Fact-Finding Hearing
 Discovery
 Pre
Trial Motions
 Pre Trial Disclosure of all Witnesses five
days prior to trial
 BOP is clear and convincing evidence
Dispositional Hearing
 ICW
prepares recommendations for
services- “Service Plan”
 Placement recommendations
 Subject to cross examination
Court Required to Consider
the Following:
 Child’s
physical or mental condition
 Child’s needs
 Degree of parental involvement in the
abuse or neglect or abandonment
 Parental ability to provide supervision and
care
Court’s Options in Order of
Preference
 Dismiss
the Petition
 Refer for limited services and dismiss
 Order terms of parental supervision when
parents if parents have capacity
 Shelter Care in order of preference:



Relative
Foster home
Group home
Monitoring
 Risks
assessed regularly
 Compliance with service plan reviewed
weekly
 Requires authorizations and releases
 May be subject to modification by Court
order
 Must be reviewed annually
Appeal Rights
 Must
file a Notice of Appeal within 20
days of the mailing of the Final Order
(follow Court Rule 8)
 Pending Appeals do not suspend the
Court’s order unless Appellate Court
specifically orders otherwise