Kenaitze Indian Tribe

Address

Kenaitze Indian Tribe
P.O. Box 988
Kenai, AK 99611
Phone: (907) 283-3633
Fax: (907) 283-3052

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Domestic Relations Code

Chapter 2: Child Protection for Children in Need of Aid

Section 1. Tribal Definition of 'Child in Need of Aid'

Section 2. Confidentiality of Child Protection Cases

Section 3. Duty to Report Child Abuse and Neglect

Section 4. Immunity for Reporting and Confidentiality

Section 5. Tribal Court Records of Child Protection Cases

Section 6. Legal Custody and Status as Ward of Court in CINA Cases

Section 7. Urgency

Section 8. Rights and Best Interest of the Child

Section 9. Filing a Petition in a Child Protection Case

Section 10. Contents of Child Protection Petition

Section 11. Emergency Custody

  1. Use of Tribal Funds in Emergency Circumstances

Section 12. Temporary Custody Hearing after Emergency Custody Has Been Taken

  1. Notification and Hearing within 30 days
  2. Failure to Appear in Court
  3. Witnesses
  4. Advisors/Attorneys
  5. Decision of the Court

Section 13. Temporary Custody Hearing in Non-Emergency Situations

Section 14. Temporary Custody Orders

  1. Orders
  2. Short Versions of Orders
  3. Extension of Temporary Custody Orders

Section 15. Review Hearing

  1. Review Hearing
  2. Request for Review Hearings by Parties
  3. Purpose of Review Hearings
  4. Procedure for Review Hearings

Section 16. Interference with a Custody Order

Section 1. Tribal Definition of 'Child In Need Of Aid'

Child protection cases involve a 'child in need of aid' as defined as a child who:

  1. Refuses to live at home with significant reason, or refuses to accept available care;
  2. Has no parent, guardian, custodian or relative caring for or willing to care for him or her;
  3. Has suffered substantial physical abuse or neglect as result of conditions created by the child's parent, guardian or custodian; or
  4. Is in need of medical and/or mental treatment, needs help to relieve or prevent substantial physical harm or mental harm as shown by failure to thrive, severe anxiety, depression, withdrawal, exaggerated, inappropriate, unusually aggressive behavior, or hostility toward themselves or others and the child's parents are unwilling to provide the medical or mental health treatment;
  5. Suffered substantial physical harm or there is substantial and immediate risk that the child will suffer such harm as a result of the actions of or conditions created by the child's parent, guardian, or custodian;
  6. Has been sexually abused by the child's parent, guardian, or custodian; has been sexually abused as a result of conditions created by the child's parent, guardian, or custodian; and/or has been sexually abused because the parent, guardian, or custodian failed to adequately supervise or protect the child; or
  7. Has suffered educational neglect, such that the child is not enrolled in school or not being properly homeschooled, and/or the child has had a substantial number of unexplained school absences.

Section 2. Confidentiality of Child Protection Cases

All child protection cases shall be considered and treated as confidential. All Tribal Court Judges, the Tribal Court Clerk, tribal employees or other tribal officials who participate in a case, and involved agency personnel shall be sworn to confidentiality under the Oath of Confidentiality provided in Section 12 of the Tribal Court Code.

Section 3. Duty to Report Child Abuse and Neglect

The following people are required to report cases of suspected abuse or neglect of a child within the Kenaitze Tribal Court's jurisdiction. This duty shall apply 24 hours per day 7 days per week.

  1. The child's family or caretaker;
  2. Any tribal employee, including the Tribal Administrator;
  3. Any tribal appointed or elected official;
  4. Any employee of a tribally owned business, even if not managed by the Tribe;
  5. Any medical doctor or dentist, nurse, physicians' assistant or human services worker;
  6. Any person or agency or employee of such agency with a fiduciary duty to the child such as a lawyer, accountant, financial institution, property manager, or conservator;
  7. Any person who has good reason to suspect that a child had been or is being abused or neglected; or
  8. Volunteers of the Kenaitze Tribal Court.

Section 4. Immunity for Reporting and Confidentiality

A person who in good faith reports suspected abuse or neglect of a child is immune from any civil or criminal suit based on that person's report. The name of a reporter who reports abuse as required by this Chapter is confidential and shall not be released to any person unless the reporter consents to the release because it would be necessary to protect the child. No evidentiary privilege except for the attorney-client privilege may be raised as a justifiable defense or reason for failing to report suspected child abuse or for testifying as required by this Chapter.

Section 5. Tribal Court Records of Child Protection Cases

Court records in child protection cases shall not be released to anyone besides the parties to the case without the consent of the Kenaitze Tribal Court. Hard copies of such records shall be kept behind a locked system and shall only be accessible by persons directly authorized by the Kenaitze Tribal Court. Orders, letters, or memos may be given as needed to schools, hospitals, banks, or similar entities for the purpose of verification of who has custody, guardianship, or parental rights to a child.

Section 6. Legal Custody and Status as Ward of the Kenaitze Court in Child in Need of Aid Cases

A child becomes a ward and under the legal custody of the Kenaitze Tribal Court when the child is found to be a child in need of aid as defined in Section 1 of this Chapter. A child may be found to be a child in need of aid upon a hearing conducted under the procedures set forth in this Chapter. In emergency situations when there is no time to hold a hearing, a child may be taken into legal custody and made a ward of the Tribal Court until a hearing may be held. A child may also become a ward of the Kenaitze Tribal Court when a child in need of aid case is transferred from another court. A child remains a ward of the Kenaitze Tribal Court until the Court closes the case or transfers the case to another court.

Section 7. Urgency

All child protection cases shall be considered urgent and shall be placed ahead of all other cases that the Kenaitze Tribal Court may have before it.

Section 8. Rights and Best Interest of the Child

In all child protection cases, the Court shall hear all the facts and evidence brought before it and shall respectfully consider the rights of all parties in the case when deciding what is in the child's best interest. The best interest of the child, as defined in Chapter 1, Section 4 of this Code, shall be placed above the rights of any other person or entity.

Section 9. Filing a Petition in a Child Protection Case

Any person or agency who has reason to believe that a minor tribal member or child living within the Tribe's Territory is a "child in need of aid" shall be permitted to file a Petition to use the tribal court. Upon receipt of the Petition, the Court will contact the parties and notify all the parties of the Petition and any upcoming hearings that have been scheduled. In an emergency, the Court may hold a telephonic hearing with the Petitioner.

Section 10. Contents of Child Protection Petition

The Petition for child protection cases shall provide the following information, provided that such information is available to the Petitioner:

  1. The name, address and age of the child;
  2. The names and addresses of the child's parents and any custodians of the child;
  3. A statement of which tribe(s) the child is a member or with which tribe(s) the child is eligible for membership. This statement should include facts that indicate that the Kenaitze Indian Tribe is the tribe with the most significant contacts with the child;
  4. The names and addresses of any other person or tribe with an interest in the child;
  5. The reason why the petitioner believes that a child needs protection; and
  6. Any available written evidence of injuries, abuse or neglect (doctor report, public health nurse report, health aid report, teacher's report, report of witness to injury, abuse or neglect, etc.), and/or any other information that may be helpful in identifying the cause of the child's injuries or neglect.

Section 11. Emergency Custody

After receiving a Petition, the Kenaitze Tribal Court may take a child into custody and make a temporary placement without notification and full hearing if the Court has reason to believe that immediate removal is necessary to prevent imminent physical damage or harm to the child. The Court shall issue an emergency Order describing the Court's action. If necessary in an emergency situation, the Petition may be communicated to the Court by phone or fax but the original Petition should be provided to the Court as soon as possible. As soon as possible after the emergency hearing, the Court shall serve the parents or guardians with a copy of the emergency Order. If the child is not a tribal member or eligible for tribal membership, the Court shall notify the child's tribe or the appropriate state officials. Emergency custody arrangements shall be for no more than 30 days.

  1. Use of Tribal Funds in Emergency Circumstances. Notwithstanding other policies or ordinances of the Tribe, in an emergency situation, when a child needs to be removed from a home and travel expenses are required to move the child, the Tribe shall, funds permitted, disburse the required funds to the Court Clerk or other authorized person that is making the travel arrangements provided that at least one Judge and/or the Acting Director has authorized the disbursement of funds. Phone, fax, and email authorizations for disbursement of funds in such emergency situations shall be considered valid authorizations.

Section 12. Temporary Custody Hearing after Emergency Custody Has Been Taken

  1. Notification and Hearing within 30 days: After the Court has taken a child into tribal custody under emergency circumstances, the Court shall hold a temporary custody hearing within 30 days. The Court shall issue a Notice to Appear in Tribal Court to the parent(s), custodian, and/or guardian of the child, within a reasonable length of time before the hearing.
  2. Failure to Appear in Court: After reasonable notification has been given, the Court may proceed with the hearing even if parents, custodians, and/or guardians fail to appear in Court.
  3. Witnesses: At the temporary custody hearing, the parent(s), custodian, and/or guardian shall have the right to call their own witnesses and to question witnesses called by any other party. Judges may question all witnesses.
  4. Advisors/Attorneys: The parents or custodians of the child have the right to have an Elder or other traditional advisor with them at a temporary custody hearing. (See Kenaitze Tribal Court Code, Chapter 2, Section 23). The parents or custodians of the child also have the right to bring attorneys or other counsel with them to the temporary custody hearing. The hiring and payment of counsel shall be the sole responsibility of the parent. (Please refer to Kenaitze Tribal Court Code, Chapter 2, Section 24 for further laws regarding Attorneys and Other Counsel).
  5. Decision of the Court: After determining jurisdiction, reviewing the Petition, and hearing the case, the Court shall issue an Order based on the child's best interest as defined in Chapter 1, Section 4 of this Code. The Court's options include, but are not limited to, the following:
    1. If the Court decides that the child is not a "child in need of aid," the Court may return legal and physical custody to the parents, custodian, or guardian and dismiss the case; or
    2. If the Court decides that the child is a "child in need of aid," the Court may retain legal custody of the child for a period not to exceed one year. If the Court retains legal custody, it can either:
      1. Place the child with the child's parents, custodian, or guardian with specific directives to participate in family-oriented services, as described in subsection 3, below; or
      2. Place the child in an appropriate foster care placement based on the preferences of Chapter 1, Section 5 of this Code and, in addition, direct the parents to participate in family-oriented services as described in subsection 3, below;
    3. Family Services. If the Court finds that a child is a "child in need of aid," it may order the child, parent(s), custodian, or guardian to participate in any of the following services:
      1. Educational classes, including but not limited, to parent education;
      2. Alcohol and/or drug assessments and any recommended treatment;
      3. Psychological or psychiatric assessments and treatment;
      4. A Family Receiving Home as described in Chapter 1, Section 6 of this Code; and/or
      5. Any other treatment or programs the Court feels are appropriate, are in the child's best interest, and are likely to result in reunification of the child with the family.
    4. Monitoring and Progress Reports: The Court may designate specific persons or entities to oversee the execution of the Kenaitze Tribal Court Order and monitor the family's progress and report such progress to the Court.

Section 13. Temporary Custody Hearing in Non-Emergency Situations

When the Kenaitze Tribal Court receives a Petition to take a child into tribal custody in non-emergency circumstances and determines that the Tribal Court has jurisdiction and chooses to hear the case, the Court shall hold a Temporary Custody Hearing within 30 days to determine whether to take a child into tribal custody. A Notice to Appear in Tribal Court shall be issued to the parent(s), custodian, and/or guardian of the child, within a reasonable length of time before the hearing. The Court shall follow the same procedures and have the same options as it has for temporary custody hearings in emergency cases.

Section 14. Temporary Custody Orders

  1. Orders: The Court may issue written or oral Orders for all temporary custody cases that shall fully communicated to parties in those cases and kept in the permanent records of the Kenaitze Tribal Court.
  2. Short Versions of Orders: If necessary to protect confidentiality, the Court may also issue to custodians a short version of temporary custody Orders 20 for the use of verification of custody for schools, hospitals, banks and similar entities when necessary.
  3. Extension of Temporary Custody Orders: Extensions of Temporary Custody Orders may not exceed one year.

Section 15. Review Hearing

  1. Review Hearing: The Tribal Court may conduct review hearings periodically while a child is in their legal custody, and shall conduct at least one review hearing before the Tribe's legal custody expires.
  2. Request for Review Hearings by Parties: While the child is in the legal custody of the Tribal Court, any party may request in writing that a review hearing be held. The request must include the reason(s) why the Tribal Court should hold a hearing and the Court may grant or deny the request.
  3. Purpose of Review Hearings: The purpose of review hearings is to determine whether the child should continue to remain a ward of the Court, or if any conditions of the legal or physical custody should be modified or added. After making a decision based upon the child's best interests, the Court shall state any new decisions made in review hearings in a new Order.
  4. Procedure for Review Hearings: The Court shall follow the same procedure for Review Hearings as it does for Temporary Custody hearings as set forth above in Section 10(A)-(E).

Section 16. Interference with a Custody Order

Anyone who interferes with a Court ordered placement of a child shall be subject to an appropriate penalty by the Kenaitze Tribal Court and/or all applicable Tribal, State and Federal law.

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