(1) who has been abandoned by his parents, guardian or custodian; or
(2) who is without proper care and disciple its parents; or
(3) whose parents are not in a position to be responsible for the child's well being; or
(4) whose parents, guardian, or custodian knowingly, intentionally or negligently placed the child or allowed the child to be placed in a situation dangerous to his or her life or health, or torture or cruelly punished said child.

(1) violates any of the law's and ordinances of the Absentee Shawnee Tribe; or

(2) habitually disobeys the reasonable and lawful demands of his or her parents, guardian or custodian; or

(3) is habitually truant from school; or

(4) habitually deports himself so as to injure or endanger the morals or health of himself or others.

A. A tribal police officer who takes a child into temporary custody under this Section shall thereafter proceed as follows:

(1) He may release the child to the child's parents, custodian, or guardian; or

(2) He may prepare in duplicate a written Promise to Appear before the Tribal Indian Child Welfare Worker(s) and/or Juvenile Officer at a specified time and place. Such notice shall contain a concise statement of the reasons the child was taken into temporary custody. He shall deliver one (1) copy of the notice to such child or to the parent, custodian or guardian of such child and may require such child, parent, custodian or guardian to sign a written promise that both will appear at the time and place designated. Upon execution of the promise to appear, he shall immediately release the child. He shall, as soon as practicable, deliver one (1) copy of the notice to the Tribal Indian Child Welfare Worker(s) and/or Juvenile Officer: or

(4) He may take the child without unnecessary delay before the Tribal Indian Child Welfare Worker(s) and/or Juvenile Off icer; or

(5) He may take the child without unnecessary delay to the appropriate agency, department or facility.

(6) When a tribal police officer takes a child to the Tribal Indian Child Welfare Worker(s) and/or Juvenile Officer or other agency, pursuant to this Section, he shall take immediate steps to notify the child's parents, guardian, or custodian that the child is in temporary custody and the place where the child is being held.

(7) In determining which disposition of the child he will make, the officer shall choose the alternative which least restricts the minor's freedom of movement, provided such alternative is compatible with the best interest of the minor and the tribal community.

(8) The taking of a child into temporary custody under this Section is not an arrest nor will it be reflected on a permanent police record of such child after the child reaches the age of eighteen (18) years.

(1) Absentee Shawnee Juvenile Facility; or
(2) Juvenile Half-Way Home; or
(3) Any foster home approved by a certified Indian Child Welfare program; or
(4) Any other suitable place designated by the Court or Child Protection Team.

(1) name, age and residence of the child;

(2) the citation of the law or ordinance which was violated, if applicable;

(3) the names and addresses of the parents, guardian or custodian of the child; and

(4) a brief statement of the facts relied upon in the petition.

A. Allow the child to remain with his parents, guardian or custodian subject to conditions and limitations prescribed by the Court;

B. Place the Child under protective supervision or transfer custody of the child to one (1) of the following:

(1) any agency willing and able to assume the responsibility for education and care of the child and which is licensed and authorized by law to provide such care to children; or

(2) a relative or individual who, after proper determination, is found to be qualified to care for the child.

(1) abandonment of the child;

(2) willful and repeated neglect, physical injuries which cause or create a substantial risk of death, disfigurement, or impairment of bodily functions;

(3) willful and repeated acts of sexual abuse;

(4) by reason of physical or mental incapacity the parent is unable to provide necessary parental care for the minor; and/or

(5) relinquishment of parental rights acknowledgement before the Tribal Juvenile Court.

(1) All requests for payment of funds of a ward of the Court shall be made to the Tribal Juvenile Court;

(2) The Indian Child Welfare Worker(s) and/or Juvenile Officer shall review the request and if payment is recommended, shall submit such recommendation to the Tribal Juvenile Court;

(1) Upon notification of a pending matter before the Tribe which concerns the welfare of a child, the Indian Child Welfare Department shall perform an investigation of the home of the child to include an investigation of the parents or guardians of the child and their fitness to properly care for the child.

(2) The Social Service Department will notify the CPT at a regularly scheduled meeting of the CPT of the pending matter, or in the case of an emergency shall call a meeting of the CPT to present the pending matter to the CPT.

(3) The CPT shall make findings of fact in that pending matter and shall submit to the Tribal Court such findings of fact bearing the signatures of all persons concurring in the findings. Any such finding of the CPT shall create at Court a rebuttable presumption of truthfulness as to the substance of the findings.

(4) The CPT may submit to the Tribal Court its recommendations as to the disposition of the pending matter bearing the signature of those persons concurring in the recommendations. Any such recommendations of the CPT shall be accepted at Court as a recommendation coming from expert testimony and can only be rebutted by:

(a) other expert testimony; or (b) good cause to the contrary.

(b) good cause to the contrary.

CASE #_____________________

          (1) A female sibling of the biological parents, or

          (2) A female first cousin of the biological parents, or

          (3) A female child of a grandparent, or

          (4) Any other female person, who, by virtue of an adoption, either of themselves or of a member of their family pursuant to the laws of any Indian tribe or state would come within the terms of subparagraphs (1), (2), or (3) of this subsection.

          (1) Any male sibling, or

          (2) Any other male person, who, by virtue of an adoption either of themselves or of a member of their family pursuant to the laws of any Indian tribe or state, would hold the relationship of a sibling with the person in question.

          (1) Who has repeatedly disobeyed reasonable and lawful commands or directives of his parent, legal guardian, or other custodian; or

          (2) Who is willfully and voluntarily absent from his home without the consent of his parent, guardian, or legal custodian for a substantial period of time, or without intent to return; or

          (3) Who, being subject to compulsory school attendance, is willfully, voluntarily, and habitually absent from school in violation of law,

          (1) Has violated any federal, Tribal, or state law excepting traffic statutes or ordinances, hunting or fishing statutes or ordinances, or any lawful order of the Court made pursuant to this Title, or

          (2) Has habitually violated any traffic, hunting, or fishing statutes or ordinances, or lawful orders of the court made under this Title.

          (1) A biological grandparent.

          (2) The brothers and sisters of a biological grandparent, and their spouses.

          (3) Any other person, who, by virtue of an adoption either of themselves or a member of their family pursuant to the laws of any Indian tribe or state, would come within the terms of subparagraphs (1) or (2) of this subsection.

          (1) The authority to consent to marriage, enlistment in the armed forces, and to extraordinary medical and surgical treatment, and

          (2) The authority to represent a child in legal actions and to make other decisions of substantial legal significance concerning a child, and

          (3) The authority to consent to the adoption of a child when the parent-child relationship has been terminated by judicial decree or the death of the parents, and

          (4) The rights and responsibilities of the physical and legal care, custody, and control of a child when legal custody has not been vested in another person, or agency, or institution.

          (5) The duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for the child. Guardianship of the person of a child, or legal custody of a child, may be taken from its parents only by Court action.

          (1) Whose parent, guardian, or legal custodian has subjected him to mistreatment or abuse, or whose parent, guardian, or legal custodian. has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring; or

          (2) Who lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian; or

          (3) Whose environment is injurious to his welfare; or

          (4) Whose parent, guardian, or legal custodian fails or refuses to provide proper or necessary subsistence, education, medical care, or any other care necessary for his health, guidance, or well being whether because of the fault of the parent, guardian, or legal custodian, or because the parent, guardian or legal custodian does not have the ability or resources to provide for the child.

          (5) Who is homeless, without proper care, or not domiciled with his parent, guardian, or legal custodian, due to, or without the fault of his parent, guardian, or legal custodian, or

          (6) Whose parent, guardian, or legal custodian has abandoned him without apparent intent to return, or who has placed him informally with any other person, and has not contributed to the support of the child or established personal contact with the child for a period in excess of six months.

          (1) Any female sibling.

          (2) Any other female person, who, by virtue of an adoption either of themselves or of a member of their family pursuant to this Title or the laws of any Indian tribe or state, would have the relationship of a sibling with the person in question.

          (1) Concerning any child in need of supervision,

          (2) Concerning any child who is delinquent, neglected or dependent.

          (3) Concerning any transfer proceeding to or from a court of another sovereign in a children's case.

          (4) To determine the legal custody of any child or to appoint a guardian of the person or legal custodian of any child who comes within the Juvenile Court's jurisdiction.

          (5) For the issuance of orders of support of minor children.

          (6) To determine the parentage of a child and to make an order of support in connection therewith.

          (7) For the adoption of a person of any age.

          (8) For judicial consent to the marriage, employment or enlistment of a child, when such consent is required by law.

          (9) For the treatment of commitment of a mentally ill or developmentally disabled child who comes within the Court's jurisdiction.

          (1) If a petition involving the same child is pending in Juvenile Court or if continuous jurisdiction has been previously acquired by the Juvenile Court, the Tribal Court shall certify the question of legal custody to the Juvenile Court; and

          (2) The Tribal Court at any time may request the Juvenile court to make recommendations pertaining to guardianship or legal custody.

          (1) Whether the child or its family will be in need of special services for physical or mental disease or defect which the Tribe and its resources are unable to adequately provide, and

          (2) If transfer is tendered prior to adjudication, whether the witnesses necessary to adjudicate the. case will be available. If the witnesses will probably not appear the Court should decline to accept the transfer until after the adjudication is completed, and

          (3) Any other matters which may adversely affect the Tribe's ability to provide treatment or necessary services to the family.

          (1) Whether the child or its family will be in need of special services for physically or mental disease or defect which the Tribe and its resources are unable to adequately provide, and

          (2) If transfer is tendered prior to adjudication whether the witnesses necessary to adjudicate the case will be available. If the witnesses will probably not appear, the Court should decline to accept the transfer until after the adjudication is completed,

          (3) Any other matters which may adversely affect the Tribe's ability to provide treatment or necessary services to the family.

          (1) The best interests of the child, and

          (2) Any special needs or mental or physical disease or defects of the child and family and the ability of the Tribe and the receiving jurisdiction to meet those needs, and

          (3) If transfer is requested prior to adjudication, whether witnesses necessary to the adjudication can attend in the receiving jurisdiction, and

          (4) Emotional, cultural, and social ties of the child and its family

          (5) The likelihood that the same child and family would return to the Tribal jurisdiction within a reasonable time and come before the Juvenile Court again.

          (1) Their right to a jury trial upon demand where available.

          (2) Their right to be represented by an attorney, at their own expense, at every stage of the proceeding.

          (3) Their right to see, hear, and cross-examine all witnesses against them.

          (4) Their right to call witnesses on their own behalf and to have court process compel the attendance of witnesses for them.

          (5) In juvenile delinquency proceedings, the right of the child not to be compelled to testify against himself.

          (1) In adjudicatory hearings concerning an alleged delinquent, neglected, or deprived child, or child in need of supervision, where termination is stated as a possible disposition in the petition.

          (2) In determining the parentage of a child under this title.

          (1) If the allegations of a petition filed under Section 102 are denied, the study shall not be made until the Court has entered an order of adjudication; and

          (2) The study and investigation in all adoptions shall be made as provided in the provisions relating to adoptions.

          (1) Transmit promptly to the juvenile Judge all papers relating to the case together with his findings and recommendations in writing;

          (2) Advise the parties before him of his findings and recommendations; and

          (3) Advise the parties of their right to review of the findings and recommendations by the juvenile Judge.

          (1) The subject of the hearing has not been convicted of a felony, an offense, punishable by banishment or of a misdemeanor involving moral turpitude and has not been adjudicated under this title since the termination of the court's jurisdiction;

          (2) no proceeding concerning a felony, an offense punishable by banishment, a misdemeanor involving moral turpitude, or a petition under this title is pending or being instituted against him; and

          (3) The rehabilitation of the person has been attained to the satisfaction of the Court.

          (1) To the victim in each case when the child is found guilty of a delinquent act;

          (2) When the child has escaped from an institution to which he has been committed;

          (3) By order of the Court;

          (4) When the Court orders the child to be held for criminal proceedings; or

          (5) When there has been a criminal conviction and a presentence investigation is being made on an application for probation.

          (6) When the disclosure is to a Tribal, federal, or state officer, employee, or agency in their official capacity who show a bonafide need for the information requested to assist in apprehension, to conduct a current investigation, or as otherwise provided by Tribal law.

          (1) Be in writing and supported by affidavit sworn to or affirmed before the Court;

          (2) Name or describe with particularity the child sought;

          (3) State that the child is believed to be a delinquent child, a child in need of supervision, or a neglected or dependent child and the reasons upon which such belief is based;

          (4) State the address or legal description of the place to be searched;

          (5) State the reasons why it is necessary to proceed pursuant to this Section instead of proceeding by issuance of a summons.

          (1) He has committed an act which would be a major crime, misdemeanor, or Tribal ordinance violation if committed by an adult; except that wildlife, parks, outdoor recreation, and traffic violations shall be handled as otherwise provided by law;

          (2) He is abandoned, lost, or seriously endangered in his surroundings or seriously endangers others and immediate removal appears to be necessary for his protection or the protection of others; or

          (3) He has run away or escaped from his parents, guardian, or legal custodian.

          (4) He has violated the conditions of probation and he is under the continuing jurisdiction of the Juvenile Court.

          (1) When the Court finds that emergency medical, surgical, or dental treatment is required for a child in Tribal custody it may authorize such treatment or care if the parents, guardian, or legal custodian are not immediately available to give their consent or to show cause why such treatment should not be ordered. The power to consent to emergency medical care may be delegated by the Court to the agency or person having physical custody of the child pursuant to this Title or pursuant to court order.

          (2) After making a reasonable effort to obtain the consent of the parent, guardian, or other legal custodian, and after a hearing on notice the Court may authorize or consent to non emergency medical, surgical, or dental treatment or care for a child in Tribal custody.

          (1) The specific facts or allegations, including dates, which gave rise to the condition addressed by the contract.

          (2) The specific treatment programs the parents, guardian, or custodian agree to successfully complete the diversion.

          (3) The specific facts which the parents, guardian, or custodian agree to do or to refrain from doing.

          (4) The specific treatment or other social services to be offered by the Tribe and accepted by the family.

          (5) A fixed, limited time for the contract to run not exceeding one year.

          (6) That the Tribe will not file a petition on the subject of the contract for the facts or allegations stated if the parents, guardian, or custodian comply with the contract terms for the full term of the contract.

          (7) That each party has received a copy of the contract.

          (1) The Court has informed the child and his parents, guardian, or legal custodian of their rights to:

          (i) deny the allegations of the petition and require the Tribe to prove each allegation by admissible evidence.

          (ii) confront and cross-examine the witnesses against them and to calJ witnesses on their own behalf.

          (iii) refuse to testify against themselves or each other in delinquency cases.

          (iv) a trial by a jury of six persons at the adjudicatory state, where a jury trial is available.

          (v) be represented by counsel at their own expense at each stage of the proceedings, and, to the extent counsel is available at no fee, to have counsel appointed for them if they cannot afford private counsel.

          (vi) and the Court believed they understand their rights.

          (2) Written consent to the decree is obtained from the parents, guardian, or legal custodian and the child if of sufficient age and understanding. The consent given for a Consent Decree does not constitute an admission for purposes of adjudication.

          (3) The Tribal or Bureau of Indian Affairs Social Service Department has prepared a treatment plan for the family to be incorporated into the Consent Decree which distinctly states:

          (i) the specific treatment programs the parents, guardian, or custodian, or child agree to successfully complete and their duration.

          (ii) the specific treatment or other social services to be offered by the Tribe or the Bureau of Indian Affairs and accepted by the family.

          (iii) the specific acts which the parents, guardian, or custodian or child agree to do or to refrain from doing.

          (iv) the person or agency to be vested with custody of the child if the child cannot remain in its own home, the specific provisions of (i), (ii), and (iii) above which must be completed or accomplished for a specified duration before the child is returned to its own home, and the period of supervision of the child in its own home.

___________________________
Court Clerk                   


[SEAL]

(Return as in other civil cases)


Section 321. When Summons Unnecessary

          A summons need not issue or be served upon any respondent who appears voluntarily, or who waives service in writing before a notary public or Court Clerk, or who has promised to appear at the hearing in writing upon the release of a child from emergency custody or otherwise, but any such person shall be entitled to a copy of the petition and summons upon request.


Section 322. Additional Parties to be Summoned

          The court on its own motion or on the motion of any party may join as a respondent or require the appearance of any person it deems necessary to the action and authorize the issuance of a summons directed to such person.


Section 323. Service of Summons

          (a) Summons shall be served personally, pursuant to the Tribal rules of civil procedure.

          (b) If the parties, guardian, or other legal custodian of the child required to be summoned cannot be found within the Tribal jurisdiction, the fact of the child's presence within the Tribe's jurisdiction shall confer jurisdiction on the Court as to any absent parent, guardian, or legal custodian if due notice has been given in the following manner:

          (1) When the residence of the person to be served outside the Tribe's jurisdiction is known, a copy of the summons and petition shall be sent by certified mail with postage prepaid to such person at his place of residence with a return receipt requested. Service of summons shall be deemed complete upon return of the requested receipt.

          (2) When the person to be served has no residence within the Tribe's jurisdiction and his place of residence is not known or when he cannot be found within the Tribe's jurisdiction after due diligence, service may be by publication.

          (1) No parent, guardian, legal custodian, or relative of the child appears at the first or any subsequent hearing in the case; or

          (2) The Court finds that there may be conflict of interest between the child and his parent, guardian, or other legal custodian; or

          (3) The Court finds that it is in the child's interest and necessary for his welfare, whether or not a parent, guardian, or other legal custodian is present.

          (1) The report of the examination made pursuant to subsection (a) of this Section states that the child is not mentally ill to the extent that hospitalization or institutional confinement and treatment are required;

          (2) The child is found not be mentally ill;

          (3) The report of the examination made pursuant to subsection (a) of this Section states that the child is developmentally disabled but not mentally ill.

          (1) A brief social and family history;

          (2) A brief statement of the causes of the Court for exercising its jurisdiction;

          (3) The specific treatment programs the family should be required to complete, their duration, and what is expected to be accomplished;

          (4) The specific actions the parents, guardian, legal custodian or child should be ordered to do or refrain from doing and the reasons there fore;

          (5) The specific treatment or other social services offered by the Tribe or Bureau of Indian Affairs which the family should be required to accept;

          (6) The person or agency to be vested with custody of the child if the child cannot remain in its own home, and a detailed plan describing how and when the child will be returned to its home under supervision and when court supervision should cease.

          (1) To stay away from a child or his residence;

          (2) To permit a parent to visit a child at stated periods;

          (3) To abstain from offensive conduct against a child, his parent or parents, guardian, or any other person to whom legal custody of a child has been given;

          (4) To give proper attention to the care of the home;

          (5) To cooperate in good faith with an agency:

          (i) which has been given legal custody of a child;

          (ii) which is providing protective supervision of a child by court order; or

          (iii) to which the child has been referred by the Court;

          (6) To refrain from acts of commission or omission that tend to make a home an improper place for a child; or

          (7) To perform any legal obligation of support.

          (1) The natural parents, adoptive parents, or step-parents as the case may be;

          (2) A traditional custodian who is a member of the Tribe and their spouse;

          (3) A traditional custodian who is a member of another Indian Tribe and their spouse;

          (4) A member of the Tribe over eighteen years of age who is the child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, and their spouse;

          (5) A member of another Indian Tribe over eighteen years of age who is the child's grandparent, aunt or uncle, brother or sister, brother in-law or sister-in-law, niece or nephew, first or second cousin, and their spouse;

          (6) Any other person eighteen years of age who is the child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in- law, niece or nephew, first or second cousin, and their spouse;

          (7) Any other member of the Tribe and their spouse;

          (8) Any other Indian person and their spouse;

          (9) A foster home licensed by the Tribal Department of Social Services;

          (10) An Indian foster home licensed by any other Licensing authority within the state or an Indian foster home licensed by some other Tribe;

          (11) An institution for children licensed or approved by the Tribal Department of Social Services with a program suitable to meet the child's needs.

          (1) The Court may place the child in the legal custody of one or both parents or the guardian, with or without protective supervision, under such conditions as the Court may impose.

          (2) The Court may place the child in the legal custody of a relative or other suitable person, with or without protective supervision, under such conditions as the Court may impose, in accordance with Section 410 of this Title.

          (3) The Court may place legal custody in the Tribal Department of Social services or a child placement agency for placement in a family care home, or other child care facility in accordance with Section 410 of this Title.

          (4) The Court may order that the child be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that he receive other special care and may place the child in a hospital or other suitable facility for such purposes.

          (1) Vest the Tribal Department of Social Services or a child placement agency with the legal custody and guardianship of the person of a child for the purposes of placing the child for adoption according to the placement preferences; or

          (2) Make any other disposition provided in subsection (a) of this Section that the Court finds appropriate.

          (1) Leave the child in the legal custody of the other parent and discharge the proceedings; or

          (2) Make any other disposition provided in subsection (a) of this section that the Court finds appropriate.

          (1) That the parent or parents having legal custody have willfully surrendered physical custody for a period of six months and during this period have not manifested to the child or the person having physical custody a firm intention to resume physical custody or to make permanent legal arrangements for the care of the child; or

          (2) That the identity of the parent or parents of the child is unknown and has been unknown for a period of ninety days and that reasonable efforts to identify and locate the parents have failed.

          (1) The child is not deprived of the schooling which is appropriate to his age, needs and specific rehabilitative goals;

          (2) The supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the age level and physical ability of the child, and is combined with counseling from guidance personnel;

          (3) The supervised work program assignment is made for a period of time consistent with the child's best interest, but not exceeding one hundred eighty days.

          (1) When it is alleged that a child has violated the terms and conditions of his probation, the Court shall set a hearing on the alleged violation and shall give notice to the child and his parents, guardian or other legal custodian, and any other parties to the proceeding.

          (2) The child, his parents, guardian, or other legal custodian shall be given a written statement concerning the alleged violation and shall have the right to be represented by counsel at the hearing, at his or their own cost, and shall be entitled to the issuance of compulsory process for the attendance of witnesses.

          (3) The hearing on the alleged violation shall be conducted as soon as possible.

          (1) That new evidence, which was not known or could not with due diligence have been made available at the original hearing and which might affect the decree, has been discovered;

          (2) That irregularities in the proceedings prevented a fair hearing.

          (1) That the child has been abandoned by his parent or parents;

          (2) That the child is adjudicated dependent or neglected and all of the following exist:

          (i) That an appropriate treatment plan approved by the Court has not been reasonably complied with by the parent or parents or has not been successful;

          (ii) That the parent is unfit;

          (iii) That the conduct or condition of the parent or parents is unlikely to change within a reasonable time.

          (1) Emotional illness, mental illness, or mental deficiency of the parent of such duration or nature as to render the parent unlikely within a reasonable time to care for the ongoing physical, mental, and emotional needs of the child;

          (2) Conduct towards the child of a physically or sexually abusive nature;

          (3) History of violent behavior;

          (4) A single incident of life-threatening or gravely disabling injury or disfigurement of the child;

          (5) Excessive use of intoxicating liquors or narcotic or dangerous drugs which affect the ability to care and provide for the child;

          (6) Neglect of the child;

          (7) Long-term confinement of the parent;

          (8) Injury or death of a sibling due to proven parental abuse or neglect;

          (9) Reasonable efforts by child care agencies which have been unable to rehabilitate the parent or parents.

          (1) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death, and such condition or death is at variance with the degree or type of such condition or death, or circumstances indicate that such condition or death may not be the product of an accidental occurrence;

          (2) Any case in which a child is subject to sexual assault or molestation;

          (3) Any case in which the chikd's parents, legal guardians, or custodians fail to take the same actions to provide adequate food, clothing, shelter, or supervision that a prudent parent would take.

          (4) In all cases, those investigating reports of child abuse shall take into account accepted child rearing practices of the culture in which the child participates. Nothing in this subsection shall refer to acts which could be construed to be a reasonable exercise of parental discipline.

          (1) Physician or surgeon, including a physician in training;

          (2) Child health associate or community health representative (CHR);

          (3) Medical examiner or coroner;

          (4) Dentist

          (5) Osteopath

          (6) Optometrist

          (7) Chiropractor;

          (8) Chiropodist or podiatrist;

          (9) Registered nurse or licensed practical nurse;

          (10) Hospital personnel engaged in the admission, care, or treatment of patients;

          (11) School official or employee;

          (12) Social worker or worker in a family care home or child care center;

          (13) Mental health professional;

          (14) Any law enforcement personnel;

          (15) The Tribal Attorney General or his assistants.

          (1) Shall be subject to a civil penalty not to exceed Five Hundred Dollars ($500.00); and

          (2) Shall be liable for damages proximately caused thereby.

          (1) The name, address, age, sex, and race of the child;

          (2) The name and address of the responsible person;

          (3) The nature and extent of the child's injuries, including any evidence of previous known or suspected abuse or neglect to the child or the child's siblings;

          (4) The names and addresses of the persons responsible for the suspected abuse or neglect, if known;

          (5) The family composition;

          (6) The source of the report and the name, address, and occupation of the person making the report;

          (7) Any action taken by the reporting source;

          (8) Any other information that the person making the report believes may be helpful in furthering the purposes of this Section.

          (1) The nature, extent, and cause of the abuse or neglect;

          (2) The identity of the person responsible for such abuse or neglect;

          (3) The names and conditions of any other children living in the same place;

          (4) The environment and the relationship of any child therein to the person responsible for the suspected abuse or neglect;

          (5) All other data deemed pertinent.

          (1) All information in any written report received under this Chapter;

          (2) Record of the final disposition of the report, including services offered and services accepted;

          (3) The plan for rehabilitative treatment;

          (4) The name and identifying data, date, and circumstances of any person requesting or receiving information from the central registry;

          (5) Any other information which might be helpful in furthering the purposes of this Title.

          (1) The law enforcement agency or social services department investigating a report of known or suspected child abuse or neglect or treating a child or family which is the subject of the report;

          (2) A physician who has before him a child whom he reasonably suspects to be abused or neglected;

          (3) An agency having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record or a parent, guardian, legal custodian, or other person who is responsible for the child's health or welfare;

          (4) Any person named in the report or record who was alleged as a child to be abused or neglected or, if the child named in the report or record is a minor or is otherwise incompetent at the time of the request, his guardian ad litem;

          (5) A parent, guardian, legal custodian, or other person responsible for the health or welfare of a child named in a report, with protection for the identity of reporters and other appropriate persons;

          (6) A Court, upon its finding that access to such records may be necessary for determination of an issue before such Court, but such access shall be limited to in camera inspection unless the Court determines that public disclosure of the information contained herein is necessary for the resolution of an issue then pending before it;

          (7) The central registry of child protection;

          (8) All members of a child protection team;

          (9) The Attorney General and attorneys for the parties with protection for the identity of reporters and other appropriate persons when necessary.

          (10) Such other persons as a Court may determine, for good cause.

          (1) In two parent homes it is preferable, in most instances, that both foster parents shall not be employed outside the home so that one parent is available for the parenting that the child requires. The agency shall make decisions regarding such situations on the basis of what is the best interest of the child.

          (2) When both parents in a two parent home and when single parents are employed, it is preferable that the home be used for school age children, and only when there are suitable plans (approved by the Agency) for care and supervision of the child after school and during the summer while parent(s) are at work.

          (1) It is preferable for no more than two children to share sleeping rooms.

          (2) The sharing of sleeping rooms by children of opposite sexes is undesirable, especially for foster children who may be experiencing difficulties in the development of their sexual identities, attitudes, and behavior.

          (3) Children, other than infants and during emergencies (illness), shall not share sleeping quarters with adults in the household.

          (4) Individual space shall be provided for the child's personal possessions.

          (5) In all instances when exceptions are necessary, these shall be for children under two years of age or when special cultural, ethnic, or socio-economic circumstances create a situation in which such exceptions will not be to the detriment of the child.

          (1) Foster parent(s) shall care for not more than two infants (under two), including the foster parent(s) own children.

          (2) Foster families should not have more than a total of six children, including foster children and foster parent(s) own children, in the foster home. Exceptions shall be made in order to keep siblings together.

          (3) The age range of the children in a foster home shall be similar to that in a "normal" family in order to lessen competition and comparisons.

          (4) All placement situations shall consider the effect of having some children in the foster home whose parent(s) visit them and other children whose parent(s) do not.

          (5) A foster home shall not provide placements for more than one agency at a time without a written agreement delineating the responsibilities of all parties involved.

          (1) Home and money management ability;

          (2) Daily routine and habits;

          (3) Reactions to stress.

          (1) A member of an Indian Tribe, or

          (2) Is eligible for membership in an Indian Tribe, and is the biological child of a member of an Indian Tribe, or

          (3) Whose case has been transferred to the Juvenile Division of the District Court from the courts of a state, or Tribe which has assumed jurisdiction over said child,

          (4) The adoption of any adult Indian who resides or is domiciled within the jurisdiction of the Court.

          (1) A bonafide resident of or domiciled within the jurisdiction of the Court, or

          (2) Between two adults who submit to the jurisdiction of the Court regardless of residence or domicile, or

          (3) A member of the Tribe.

          (1) both parents, if living, or the surviving parent, unless their parental rights have been terminated by judicial decree.

          (2) a parent less than sixteen (16) years of age may give their consent only with the written consent of one of that minor parent's parents, legal guardian, or a guardian ad litem of the minor parent appointed by the Court.

          (3) if both parents be deceased, or if their parental rights have been terminated by judicial decree, then the traditional custodian having physical custody of said child for the preceding six (6) month period, or a person or the executive head of an agency having custody of the child by judicial decree with the specific authority, granted by the Court, to consent to the adoption of the child.

          (1) in substantial compliance with any decree of a Court of competent jurisdiction ordering certain support to be contributed, or

          (2) if no court order has been made ordering certain support, then within their available means through contribution of financial support, physical necessities such as food, clothing, and shelter contributions, or by performing labor or other services for and at the request of the person or agency having custody.

          (1) by the agency having custody or legal guardianship of the child, or

          (2) in other cases, by the State, Bureau of Indian Affairs, or Tribal Department, or

          (3) by a person qualified by training or experience, designated by the Court,

          (1) Upon order of the Court for good cause shown.

          (2) Upon the adopted person reaching the age of eighteen, the adopted person may review the records unless the natural parents have by affidavit requested anonymity in which case their names and identifying characteristics, not including tribal membership and degree of blood, shall be deleted prior to allowing the adoptive person access to the records.

          (3) The traditional custodians and natural grandparents shall have access to the records unless the natural parents have, by affidavit, requested anonymity, in which ease, the names and identifying characteristics shall be deleted prior to allowing them access to the records as in the preceding paragraph. If the adopting parents request anonymity, by affidavit, the traditional custodians and natural grandparents may have access to the records only by order of the Court for good cause shown, and then only if the Court deems such request in the best interest of the child.

          (4) For the purpose of obtaining the enrollment of the child with another Indian Tribe, the Court may upon request of an enrollment officer of that Tribe, certify to that officer pertinent facts to enable that officer to determine the eligibility of the child for membership in that Tribe subject to the written guarantee, with an undertaking if deemed necessary by the Court, that such facts will remain confidential and divulged only to those persons who must know the facts to obtain the enrollment of the child. In the alternative, and in eases where the natural or adoptive parents have, by affidavit, requested anonymity, the Court may certify a copy of the record of the case to a Judge of the Court of the other Tribe for an in camera review only, or allow such Judge to review the record in the District Court, in camera, for the purpose of said Judge certifying to his Tribe that the child is eligible for membership in that Tribe.

          (1) The original and adoptive name and tribal affiliation of the child,

          (2) The names, addresses, tribal affiliation and degree of blood when known of the biological parents,

          (3) The names and addresses of the adoptive parents,

          (4) The identity of any agency having files or information relating to the adoptive placement,

          (5) Any affidavit of the biological parent requesting that their identity remain confidential.