(d) PETITION: The petition shall be prepared as required by this Ordinance, and in conformity with the rules of the Tribal Court.

(e) NOTICE OF HEARING: Notice of hearing shall be given to all parties as required by this Ordinance.

(f) SUMMONS: Summons shall be issued and served as required by this Ordinance, and in accordance with the Rules of the Tribal Court.

(g) REPORTS:

(1) Time Limit The child welfare caseworker shall prepare and present a written report to the Court at least ten (10) days before the termination of parental rights hearing.

(2) Contents The report shall contain opinions of all professionals consulted with recommendations to the Court, social history of the parent and child and all other pertinent facts.

(3) Copies A copy shall be available to the parent whose rights are being terminated at least ten (10) days before the hearing.

(4) Additional Reports

(A) A parent whose rights are being terminated may also file a written report. A copy shall be made availa.b2e to the presenting officer at the same time it is filed.

(B) The Court may order other individuals or agencies to submit written reports. All reports shall be filed ten (10) days prior to the hearing and shall be made available to the parent whose rights are being terminated at the same time they are filed.

(h) APPOINTMENT OF COUNSEL OR GUARDIAN AD LITEM: In any proceeding for non-voluntary termination of parental rights, or any rehearing or appeal thereon, the Court may appoint an advocate to represent the child as counsel or guardian ad litem if the Court determines that the interest of the child are not being represented by any of the parties in the proceeding, in the Court's discretion. The Court may appoint a guardian ad litem in a voluntary termination of parental rights proceedings.

(i) HEARING:

(1) Time Limit; Purpose A termination of parental rights hearing shall be held within thirty (30) days after a petition is filed for the purpose of determining whether grounds for termination exists as set out in this Ordinance, except by the order of the Court.

(2) Witnesses The Court shall subpoena experts who have knowledge of the particular case, including physicians, psychiatrists, mental health professionals, social workers and any individual from the community cognizant of the traditional child-rearing methods and attitudes of the Tribe. The Court may subpoena any other witnesses or persons who the Court finds have a direct interest in the cases. If the proposed witnesses are not subject to tribal subpoena, the Court may request that they appear and testify, or obtain a subpoena from the nearest Court with jurisdiction over such witnesses.

(3) Conduct The hearing shall be conducted in accordance with this Ordinance.

(j) JUDGMENT: If parental rights to a child are terminated the Court shall issue a judgment detailing its decision, the reasons for the decision, and order the disposition of the minor as follows:

(1) Place the minor with an extended family member; or

(2) Place the minor in a foster care or shelter care facility which has been approved by the Tribe; and in either case

(3) Place the child in long-term placement, and proceed to the adoption section of this Ordinance if appropriate.

(k) APPEAL: A judgment of non-voluntary termination of parental rights is a final order for purposes of appeal.

(l) VOLUNTARY TERMINATION OF PARENTAL RIGHTS:

(1) Initial Procedures The Court may terminate parental rights when the parent desires to voluntarily give up such rights. In assuming jurisdiction of a voluntary termination of parental rights proceeding, the Court shall require that:

(A) No voluntary termination shall occur before a child is ten (10) days old, except by order of the Tribal Court;

(B) No voluntary termination shall occur until a written report is submitted to the Court by a recognized social services agency indicating that social services and coun seling have been offered to the parent, the consequences of the parent's actions have been fully explained to and are understood by the parent, and such action is in the best interest of the child; or

(C) A parent may waive in writing, before a judge of the court, the right to appear at a hearing, the right to notice of hearing, or both, and the Court shall assure that such waiver is knowing and voluntary.

(2) Counseling In any proceeding for voluntary termination of parental rights, if the Court has reasonable doubt as t6 the emotional state of the petitioner or the petitioner's ability to understand the consequences of his or her decision, the Court shall place the child with the Social Services Depart ment for a period not to exceed thirty (30) days in order to allow the parent to consider the decision. Further, the Court shall order legal and psychological counselling for the parent in order to assure the parents understanding of the consequen ces of the decision and a report of the results of such coun seling shall be made to the Court.

(3) Procedures after Counseling Immediately after the end of the thirty (30) day period, based upon the report received by the Court, the Court shall either:

(A) Return custody of the child to the parent;

(B) Process the petition for voluntary termination of parental rights; or

(C) Extend the period for no more than thirty (30) additional days to allow additional counseling. At the expiration of the additional counseling and based upon the results of the counseling reports, the Court shall proceed as allowed by this Code. Any child freed for placement through voluntary consent to termination of parental rights shall be placed according to the provisions of this ordinance.

(a) GUARDIANSHIP: It shall be the policy of the Tribe to prefer guardianship as a long-term placement option for tribal children over adoption or long-term foster care.

(1) The court, when it appears necessary or convenient, may appoint guardians for the persons and/or property of children under the court's jurisdiction and of incompetents who have no guardian legally appointed by will or deed. Such appointment may be made on the petition of a relative or other pers6n on behalf of the child or incompetent, or on a petition of the child if at least fourteen (14) years of age. Before making such appointment, the court must cause such notice as the court deems reasonable to be given to any person having the care of the child, and to such other relatives of the child as the court may deem proper, and in cases of adult incompetents, the court shall cause notice to be given to the incompetent at least five (5) days before hearing the petition.

(2) If a child is under the age of fourteen (14) years, the court may nominate or appoint his guardian. If he/she is fourteen (14) years of age or older, he may nominate his own guardian who, if approved by the court, must be appointed accordingly. If the guardian nominated by the child is not approved by the court, or if the child resides outside of Grand Ronde Indian Country or if, after being duly cited by the court, he neglects for ten (10) days to nominate a suitable person, the court may nominate and appoint the guardian in the same manner as if the child were under the age of fourteen (14) years.

(3) When a guardian has been appointed by the court for a child under the age of fourteen (14) years, the child, at any time after he attains that age, may nominate his own guardian, subject to the approval of the court. A guardian appointed may as specified by the court have the custody and care of the education of the child and the care and management of his property until such child arrives at the age of eighteen (18) marries, is emancipated by the court or until the guardian is legally discharged, provided, however, that said guardian shall not have the authority, without express written consent of the court, to dispose of any real property of the child in any manner. Said guardian shall also have the authority to consent to the medical care and treatment of the child.

(4) The court may order that the TFAP disburse monthly reimbursement payments to the person or agency to whom custody is granted under this code, provided sufficient funds have been appropriated by the tribal council. Said disbursements must be used by the person or agency with custody of the child for the sole purpose of covering expenses incurred in the- bare and custody of said child and shall not be used for any other purpose. The use of said funds for any purpose other than that described in this section shall subject said person or agency to contempt of court and to any criminal and civil penalties or remedies provided by the tribal code.

The procedures for filing a Guardianship shall be in the form of a Petition or a Co-petition pursuant to this Ordinance and the Rules of the Court.

(5) Power to Appoint Guardians for Minors; Exception: The Tribal Court is empowered to appoint a guardian, either of the person the estate or both, subject to the requirements of other ordinances of the Tribe, except that appointment of a guardian ad litem shall not be subject to these requirements.

(b) ADOPTION:

(1) Who may Adopt and Under What Conditions:

(A) Policy: It is the policy of the Tribe that its children should be adopted only as a matter of last resort, and alternative long-term placements such as guardianship and long-term foster placement should first be considered which maintain the connection between the child and the parent and family. A decree of adoption shall not terminate the legal relationship between the child and the child's natural family members, except by order of the Court.

(B) Who May Adopt The following persons may adopt:

1. Any adult may file a petition to adopt;

2. In the case of married persons maintaining a home together, both spouses shall be petitioners except that, if one of the spouses is the natural parent of the minor to be adopted, the natural parent shall not be a party to the petition.

3. A married person legally separated may adopt with-out the consent of his spouse.

(C) Conditions to Adoption

1. The welfare of the child shall be primary;

2. A person adopting shall be at least 10 years older than the minor;

(D) Order of Preference for Adoption: Preference in adoption shall be given in the following order:

1. Tribal member adoptive parents; at least one person of any adoptive couple must be a tribal member;

2. Families in which one person is a Tribal member or can prove descendance from a Grand Ronde Tribal member;

3. Indian adoptive parents, which means that at least one person of any adoptive couple must be a member of a federally recognized tribe;

4. Non-Indian adoptive parents.

(2) Who May Be Adopted: The following persons may be adopted under this Code:

(A) A minor subject to the jurisdiction of the Grand Ronde Tribal Court.

(B) A minor whose parents are both dead and who is subject to the jurisdiction of the Grand Ronde Tribal Court.

(3) Petition: A petition for adoption shall be filed with the Court. It shall be verified under oath by the adoptive parent(s) and shall contain:

(A) The full name, residence, place of birth, date and sex of the child, with attached documentary proof of the date and place of the birth of the child to be adopted.

(B) Documentary proof of the child's membership status in the Tribe, if such proof exists;

(C) The full name, residence, date and place of birth, occupation of the adoptive parent(s), statement of relationship to the child, documentary proof of niarital status, provided this not be interpreted to prohibit single parent adoptions, and tribal membership or Indian status;

(D) Proof of parental consent to the adoption where the petitioners are relatives of the child by blood or mar riage; except where the natural parents have abandoned the child and cannot be located or where there is proof of a court order terminating parental rights of the parents to said child.

(E) An agreement by the adopting parent of the desire that a relationship of parent and child be established between them and the child;

(F) A full description and statement of value of all property owned, possessed or held in trust by and for the child.

(G) A citation to the specific section of this Ordinance giving the Court jurisdiction of the proceedings; and

(H) A brief and concise statement of the facts which may aid the Court in its determination.

(4) Investigative Report

(A) Role of Tribal Caseworker The caseworker shall prepare and present to the Court a report within 60 days of the filing of a petition for adoption or a supplemental report as rdered by the Court as to the suitability of the child for adoption, as well as to the financial, moral, physical fitness, general background of the adopt ive home, and adoptive parent or parents. A home study shall be conducted as part of this procedure. The tribal caseworker shall contact appropriate agencies and individuals who have relevant knowledge and such contacts and relevant information shall be included in the report. The tribal caseworker shall make written recommendations on the proposed adoption.

(B) Other Agencies: Individuals The Court may order other agencies or individuals to prepare and file written reports with the Court to aid in the Court's determina tion on the suitability of the proposed adoption.

(C) Copies of reports shall be served on petitioner at the same time they are presented to the Court.

(5) Consent to Adoption

(A) When Required - Written consent to adoption is required of:

1. Each biological, adoptive and acknowledged parent whose parental rights have not been involuntarily terminated, who has not voluntarily terminated his or her parental rights or has not been declared incompetent;

2. The guardian or custodian, if empowered to consent;

3. The Court, if the guardian or custodian is not empowered to consent; and

4. The minor, if he or she is over twelve (12) years of age.

(B) When not Required Written consent to an adoption is not required if:

1. The parent's rights have been involuntarily terminated;

2. The parent has voluntarily terminated his or her parental rights; or

3. The parent has been declared incompetent.

(6) Procedure for Signing the Consent to Adopt: Written consents, where required by this Code, shall be attached to the petition for adoption. Written consent to an adoption shall be signed and acknowledged before a Notary Public. Consent shall not be accepted or acknowledged by the Court unless signed and acknowledged more than ten (10) days after birth of the child, except by order of the Court. An interpreter shall be provided if required by the Court. The Court shall have authority to inquire as to the circumstances behind the signing of a consent under this section.

(7) Withdrawal of Consent to Adopt: Written consent cannot be withdrawn after the entry of a final order of adoption. Con sent may be withdrawn prior to the final order of adoption upon showing a preponderance of evidence at a hearing before the Court that consent was obtained by fraud, duress or coer cion, or the best interests of the child require the consent to adoption be voided.

(8) Hearing on Adoption

(A) Purpose. Time Limit A hearing shall be held within 90 days of receipt of an adoption petition to determine if it is in the minor's best interest to be placed with petitioners.

(B) Procedure at Hearing Adoptive parent or parents shall appear personally at the hearing. At or before the hearing, any biological, adoptive or acknowledged parent consenting to the adoption must appear personally before the judge, in open court so the Court can determine the voluntariness and understanding with which consent was given, if the court determines the validity of the consent is an issue. All other persons whose consent is necessary shall be duly notified and shall personall-5r ap pear, if the Court determines the validity of the consent is as issue.

The judge shall examine all persons appearing as to the suitability of the child for adoption, the validity of consent to adoption, the financial, moral and physical fitness, responsibility of the adoptive parents, and whether the best interests of the child will be promoted by the adoption.

The Court shall also hear natural extended family members to decide whether the child's legal relationship to the extended family should be terminated.

(9) Order

(A) Granting the Petition If the Court is satisfied it is in the best interest of the child to grant the petition, the Court may enter a final decree of adoption as follows:

1. In the case of a child who has lived with the adoptive parent for more than one year before the adoption petition has filed, the final decree of adoption shall be entered immediately; and

2. In all other cases, the Court shall order the child be placed in the legal custody of the adopt ive parent for at least one year; at that time, the court shall request a supplemental report and, if the Court determines that the best interest of the child are served, shall enter the final decree of adoption immediately.

(B) Contents of Adoption Order The final order of adoption shall include such facts necessary to establish that the child is eligible and suitable for adoption, and that the-adoptive home and parents are adequate and capable of providing the proper care of the child, as shown by the investigation reports and the findings of the Court upon the evidence produced at the hearings. Denying the Petition If satisfied the adoption petition will not be in the best interests of the child, the petition shall be denied. The Court may request the Tribal Social Services Division or other agencies authorized to provide such services to assist in the placement and care of the child. Where the Court finds the best interest of the child will not be served by the adoption, a guardian shall be appointed and suitable arrangements made for the care of the child, in accordance with the applicable provisions of this Ordinance.

(10) Adoption Records

(A) Confidentiality All records, reports, proceedings and orders are confidential, permanent records of the Court, shall be sealed and shall not be available for release for inspection by the public, except by Order of the Court.

(B) Release of Information. Notice to Biological Parent:

Information contained in such records shall be released upon petition to the Court by the adopted person after reaching legal age or majority, or upon order of the Court upon showing of good and sufficient cause by persons other than the adopted person who have petitioned for such information. In either case, no information shall be released unless:

1. The biological parent(s) has been given actual and confidential notice by the Court of a petition for release of information or notice of intent to issue such information has been published in a local newspaper of general distribution without revealing the name of the biological parent; and

2. The biological parent has consented in writing before the Court to release information; the Court determines the need for information is greater than the parent's right to privacy. The Court may r6fuse to divulge the biological parent's name but release other information so long as the information will not lead to the discovery of the parents name.

(11) Adoptive Birth Certificate; Release of Original Certificate: Within five (5) days of the final decree of adoption entered by the Court, the Division of Vital Statistics of the State Board of Health of the State which issued the original certificate of birth shall be notified by the Clerk of Court that the adoption has taken place, giving the full name, sex, birthday and names of natural parents, in order that a new record of birth in the new name and with the name or names of the adopting parents to be recorded; said Division shall be provided with a certified copy of the final decree of adoption.

(12) Name of Legal Status of Adopted Child: Minor children adopted by order of the Court shall assume the surname of the persons by whom they are adopted, unless the Court orders otherwise. They shall be entitled to the same rights as nat ural children of the persons adopting them. However, adoption does not confer tribal membership status on adopted children who would not be otherwise eligible. Adoption does not ter minate the rights of natural extended family members of the child, as a group, except by Order of the Court.

(a) POLICY: It shall be the policy of the Tribe to request transfer of child custody proceedings taking place in state court under the Indian Child Welfare Act (ICWA) involving a Grand Ronde Child, as that term is defined in this ordinance, except when good cause exists to the contrary. This ordinance contemplates the following procedure will be followed in transferring jurisdiction of child custody proceedings from State to Tribal Court: a decision by the Tribe to request transfer; a petition to the State Court requesting transfer pursuant to the ICWA; a petition for acceptance of jurisdiction by the Tribal Court; and acceptance of jurisdiction of the state court proceeding by the Tribal Court. If a question exists as to whether the Tribal Court will accept jurisdiction of a particular child custody proceeding, the Tribe may request an advisory opinion from the Tribal Court, before petitioning the state court for transfer of jurisdiction as set out below.

(b) PROCEDURE FOR TRANSFER OF JURISDICTION:

(1) Assessment of Case by Social Services Department; Recommendation: Upon receipt of notice of a child custody proceeding governed by ICWA in State court, or upon receiving notice in any other form a Grand Ronde child is involved in a child custody proceeding as defined by ICWA before a state court, the TFAP shall prepare an assessment of the child and family's situation, and shall make a written recommendation as to whether the case should be transferred from state court to jurisdiction of the Tribal Court.

(2) Factors to be Considered in Recommendation: TEAP staff recommendation to transfer jurisdiction to the Tribal Court shall consider, among other factors, the fol-lowing: age of the child and circumstances of the family, special needs of the child (if any), location of the family and whether the state is attempting to reunite the family, availability of Tribal services to serve the child's parti-cular needs, availability of suitable Grand Ronde tribal homes for placement of the child, whether financial assistance for the care of the child will continue if jurisdiction is transferred, and the cost to the tribe in legal fees to accomplish transfer of jurisdiction.

(c) REOUESTING TRANSFER OF JURISDICTION:

(1) Petition for jurisdiction to State Court. The Tribe shall prepare a petition for transfer of jurisdiction and shall present such petition to the state court having jurisdiction over the Child in question. The petition may be presented by either the Tribe's legal counsel or the Tribe's social services staff. The petition for transfer shall state that upon granting the petition for transfer, the Tribe shall petition the tribal court for acceptance of jurisdiction, and tribal jurisdiction shall be accepted unless affirmatively declined by order of the Tribal Court.

(2) Petition for acceptance of tribal court jurisdiction. Concurrently upon petitioning the state court for transfer of jurisdiction of an child custody proceeding in state court involving a Grand Ronde child, the Tribe shall petition the tribal court for acceptance of jurisdiction of the proceeding. The petition for acceptance shall be in a form prescribed by the court. Upon ruling affirmatively on the Tribe's petition for acceptance of jurisdiction, the tribal court shall enter an order accepting transfer of jurisdiction and an order dir ected to the state court to transfer its files to the tribal court.

(3) Notice to and Standing of Other Parties The tribal court shall give notice to all parties to the state court proceeding of the filing of a petition for acceptance of transfer of jurisdiction, by certified mail. All parties to the state court proceeding shall be granted standing to express their views as to whether transfer of jurisdiction should be accepted or declined. Notice to the state court parties shall include the date, time and place for the petition for acceptance hearing, and a brief explanation of the subject of the hearing.

(4) Conditions upon Acceptance of Transfer of Jurisdiction The tribal court may impose conditions for acceptance of transfer of jurisdiction of a state court child custody proceeding. For example, if witnesses who can testify to a child's dependency or neglect are beyond the tribal court's subpoena and jurisdictional authority, the tribal court may conditionally transfer upon the state court's willingness to enforce tribal subpoenas and order state employees to testify in the subsequent tribal court proceeding. If the conditions are imposed, the tribal court acceptance of jurisdiction order shall be presented to the state court which originally transferred jurisdiction, for its review and reaffirmation.

(5) Declination of jurisdiction. The Tribal Court may decline to accept the transfer of jurisdiction order entered by the state court if it finds good cause to deny such transfer. Denial of transfer must be based upon clear and convincing evidence that such transfer would not be in the best interest of the tribe, family, or child. In making its determination, the Court may examine, but not limited to, the following factors:

(A) Emotional, cultural and family ties of child and family:

(B) Should adjudication be necessary, the ability of necessary witnesses to appear in the Tribal Court.

(C) The ability of the Tribe to provide needed services, including but not limited to counseling, medical treatment, transportation, etc.

(e) PETITION FOR TRANSFER OF JURISDICTION BY PARTY OTHER THAN THE TRIBE:

(1) Party to File Petition If the parent or custodian of a Grand Ronde child, or the child, through the guardian ad litem petitions a state court in a child custody proceeding involving a Grand Ronde child for transfer of jurisdiction to the tribal court, such transfer shall not be effective until accepted by the tribal court. It shall be the duty of the party petitioning the state court for transfer of jurisdiction to file a petition for acceptance of jurisdiction with the Grand Ronde tribal court in the form prescribed by the court.

(2) Petition to be Referred to Social Services Department; Tribe Granted Automatic Standing Upon receipt of a petition for acceptance of jurisdiction from an individual, the tribal court shall refer the petition for an assessment by the CGrand Ronde Social Services Department. The court shall automatically grant standing to the Tribe as an interested party to express its views on whether the petition for acceptance of jurisdiction should be granted or denied. The social services staff shall have twenty (20) days from the date of referral by the tribal court to prepare a written assessment and to submit such assessment to the tribal court for its consideration.

(3) Hearing Schedule: Order to be Filed with State Court A hearing on the petition for acceptance of jurisdiction shall be scheduled at the earliest available time following submission of the Tribe's assessment. If transfer of jurisdiction is granted, the tribal court shall enter an order to that effect and shall file a copy of the order and a request that the state court transfer its files with the state court which transferred jurisdiction of the proceeding.

(a) TAKING A MINOR INTO CUSTODY: Law Enforcement or Presenting Officers may take a minor into custody if:

(1) The Officer or Presenting Officer has reasonable grounds to believe a delinquent act has been committed in his presence and that the minor has committed the delinquent act; or

(2) A custodial order pursuant to this Code has been issued for the minor; or

(3) The Officer, Presenting Officer, or TEAP Caseworker has reasonable cause to believe a minor who is subject to the Tribal Court's jurisdiction is leaving the jurisdiction of the court.

(b) PETITION:

(1) Review and Signature on Petition The Officer, TFAP Caseworker or the Presenting Officer shall review Petitions.

(2) Form and Content The form of the Petition shall be the form authorized pursuant to the rules of the Tribal Court. It shall state:

(A) The specific sections which give the Court jurisdiction; and

(B) The code provision which is alleged to have been violated; and

(C) The name, age and address of the minor who is subject to the Petition; and

(D) Any parties to the allegations; and

(E) The facts upon which the allegations are based, including the date, time and location at which the alleged facts occurred; and

(F) If the child is in detention or shelter care, the time and date placed in such care and reasons therefore.

(3) Assistance The presenting officer may assist in the preparation of any Petition.

(c) WARRANTS: Warrants shall be issued in accordance with the Rules of the Court.

(d) RELEASE OF MINOR FROM CUSTODY:

(1) Law Enforcement Officer A law enforcement officer, TFAP Caseworker or the Presenting Officer taking a minor into custody shall:

(A) Give warnings and explanation of due process rights required by this Ordinance or the Rules of the Court to any minor taken into custody prior to any questioning; and

(B) Release, immediately, the minor to the paient, guardian or custodian and issue verbal counselor warning as may be appropriate; or

(C) Deliver, immediately, the minor to the tribal caseworker, detention, or shelter care as designated by the Court, or a medical facility if the minor is believed to need prompt medical treatment. If the minor is not delivered to the caseworker, the officer shall immediately notify the caseworker of the circumstances of the custodyand location of the minor. All notifications required by this section shall be done immediately, notwithstanding weekends or holidays.

(2) Role of the Caseworker The caseworker, immediately upon delivery of the minor for custody or notification of custody, shall review the need for detention or shelter care and shall:

(A) Notify immediately the parent, guardian or custodian notwithstanding the fact that custody was taken during the weekend or holidays;

(B) Release the minor to the parent, guardian or custodian unless detention or shelter care in appropriate pursuant to this section; and

(C) In all cases, the minor shall be released to the parent, guardian or custodian within 72 hours of the time taken into custody unless the court issues an order requiring that the custody continue.

(3) Exception A minor may not be released if:

(A) A court order forbids release until further order of the court;

(B) It appears the minor is in immediate danger of physical harm; or

(C) Reasonable cause exists to believe that the minor will run away from the Grand Ronde Service Area.

(e) DELIVERY OF MINOR TO DETENTION OR SHELTER CARE: If the parent, guardian or custodian cannot be found, and there is no relative to whom the minor may be released, or if circumstances pursuant to Section 7.11 of this Code arise, the minor shall be delivered to a place of detention or shelter care designated by the Court and the tribal Caseworker immediately shall make arrangements for the temporary care and custody of the minor.

(f) PRELIMINARY INQUIRY:

(1) Purpose The purpose is to determine the best interest of the minor and the Tribe regarding any action to be taken. To determine the best interest of the minor, the Court shall examine whether probable cause exists to believe the alleged act was committed and whether continued detention or shelter care is necessary pending further proceedings.

(2) Time Limit

(A) Minor in Custody The preliminary inquiry shall be held within 72 hours of the beginning of detention or shelter care.

(B) Minor Released from Custody The preliminary inquiry shall be held within (3) business days of release of the minor from detention or shelter care.

(C) Minor Never in Custody The preliminary inquiry shall be held within ten (10) days of the filing of a complaint which is not dismissed.

(3) Presence of Minor's Parents. Guardian or Custodian If the minor's parent, guardian or custodian is not present the Court shall determine what efforts have been made to notify and obtain the presence of the parent, guardian or custodian. If it appears further efforts are likely to produce the parent, guardian, or custodian, the Court shall recess for not more than twenty-four (24) hours and direct the presenting officer to make continued efforts to obtain the presence of a parent, guardian or custodian.

(4) Dismissal of Complaint and Release of Minor If the Court determines there is no probable cause to believe the minor has committed the alleged act, the complaint shall be dismissed without prejudice and the minor released.

(5) Release from Custody If the Court determines there is probable cause to believe the minor has committed the alleged act but the minor is not in need of detention or shelter care, the minor shall be released to the custody of the parent, guardian or custodian pending final disposition of the matter. Otherwise, the minor shall be continued in custody until further order of the Court.

(6) Criteria for Detention or Shelter Care The Court may or der detention or shelter care or order it to continue if the court finds probable cause exists to believe the minor committed the alleged act, such detention or shelter care is in the best interest of the child and:

(A) The act is serious enough to warrant continued detention or shelter care; or

(B) There is reasonable cause to believe the minor will run away so that he or she will be unavailable for further proceedings;

(C) There is reasonable cause to believe that the minor will commit a serious act causing damage to person or property; or

(D) There is reason to believe the child cannot be controlled by his or her parent, guardian or custodian.

(7) Plea and Disposition A minor may admit or deny that he or she committed the alleged illegal act at this inquiry. If the minor denies committing the act, the Court shall proceed as directed in this Code. If the minor wishes to admit he or she committed the alleged act, the Court must first determine that:

(A) The minor has a full understanding of his or her rights under this code; and

(B) The minor has full understanding of the consequences of admitting that he committed the alleged act; and

(C) The minor has not stated any facts that would be a defense.

If the Court determines the minor does not understand his rights, consequences of admitting committing the alleged act or the minor has stated a defense, the Court shall order the case to proceed as a youth-in-need-of-care. If the Court determines the minor understands his rights, the consequences of admitting committing the alleged act, and has not stated a defense, the Court may proceed to the dispositional hearing as allowed by this code.

(g) PLACE OF DETENTION:

(1) Place of Detention A minor alleged to be a juvenile of fender may be detained, pending a court hearing, in the following places:

(A) A foster care facility in the service area licensed or approved by the TFAP;

(B) A detention facility in the service area approved by the TFAP; or

(C) A private family home in the service area approved by the Tribal Social Services Department; or

(D) A facility outside the service area that has been approved either by state in which it is located or TFAP.

(2) Exceptions An alleged juvenile offender who is sixteen (16) years of age or older may be detained in a jail or facility used for the detention of adults only if:

(A) He or she is charged with an offense which.would subject him or her to jail sentence if he or she were an adult; and

(B) A facility in Section 7.16(g) (1) is not available or would not assure adequate supervision of the minor; and

(C) Detention is in a cell separate but not removed from sight and sound of adults whenever possible and the cell is certified by the safety officer as safe for holding minors; and

(D) Adequate supervision is provided twenty-four (24) hours a day, and the minor is checked in person at least every fifteen (15) minutes.

(h) INVESTIGATION AND RECOMMENDATIONS BY THE TRIBAL CASEWORKER:

(1) Investigation The caseworker shall investigate within 48 hours of the preliminary inquiry or release of the minor to determine whether the interests of the minor and the tribe require that further action be taken.

(2) Recommendation Upon completion of the investigation, caseworker may recommend to presenting officer no further action be taken; an informal adjustment hearing; a petition be filed; or a transfer petition be filed.

(3) Failure to Investigate Failure to make the investigation shall not be grounds for dismissal of proceedings against the minor.

(i) INFORMAL ADJUSTMENT CONFERENCE:

(1) When Allowed Within five (5) days of the preliminary inquiry, the presenting officer may hold an informal conference with the minor and minor's parent, guardian, custodian, spokesperson or legal representative to discuss alternatives to the filing of a petition if:

(A) The admitted facts bring the case within the jurisdiction of the Court;

(B) An informal adjustment of the matter would be in the best interest of the minor and the tribe; and

(C) The minor and parent, guardian, custodian, spokesperson or attorney consent to an informal adjustment with knowledge that the consent is voluntary.

(2) Alternatives As a result of the informal adjustment conference, the presenting officer may:

(A) Refer the minor and parent, guardian or custodian to a community agency for needed assistance;

(B) Order terms of supervision, calculated to assist and benefit the minor and parent, guardian or custodian and which regulate the minor's activities and those of the parent, guardian or custodian and which are within the ability of the minor to perform.

(C) Accept and offer of restitution voluntarily made by the minor; or

(D) File a petition pursuant to this Code if it appears no other alternative will be in the best interests of the minor and the Tribe.

(3) Written Agreement to Informal Adjustment

(A) Content The presenting officer shall set out, in writing, the agreement and conclusions reached at the informal hearing conference. All parties shall sign the agreement and receive a copy of it.

(B) Time Limit An informal adjustment period shall not exceed six (6) months, except by order of the Court.

(C) Review The caseworker shall review minor's progress every 30 days. If, at any time after initial 30 day period, but before the end of the six (6) months, caseworker concludes the agreement is not being folibwed, caseworker shall recommend the presenting officer file a petition pursuant to this Ordinance.

(D) Approval by Presenting Officer The presenting officer shall have final authority to accept or reject a proposed informal adjustment conference. The presenting officer must accept or reject the agreement within five (5) days. All parties to the informal adjustment conference shall be told by the presenting officer at the beginning of the conference that he or she has the author ity to accept or reject any agreement the parties reach.

(E) Notice of Informal Adjustment Agreement to the Court The presenting officer shall file copy of the informal adjustment agreement with the Court.

(F) Disposition Upon Completion of Acweement If the informal adjustment agreement is followed and the caseworker does not recommend the filing of a petition during the informal adjustment period, the presenting officer shall dismiss the complaint against the minor with prejudice at the end of the agreement period.

(4) Use of Statements Made No written or oral statements made during the informal adjustment conference may be used against a minor or minor's parents if a petition is filed.

(j) PETITION: The petition shall be prepared as required by this Code and filed within three (3) days after it is determined or recommended that a petition should be filed.

(k) NOTICE OF HEARING: Notice of a hearing shall be given to all parties as required by the Rules of the Court.

(l) SUMMONS: Summons shall be issued and serve as required by the Rules of the Court.

(m) HEARING ON A PETITION (ADJUDICATION):

(1) Time Limit A hearing on the petition shall be held within 10 days after the petition is filed.

(2) Purpose The court shall conduct the hearing for the primary purpose of determining if a minor committed the alleged illegal act.

(3) Plea If the minor wishes to admit that he or she commit ted the alleged act, the Court shall proceed as required in Section 7.16(f) (7) of this Ordinance.

(4) Disposition If the Court finds the minor committed the alleged illegal act, the Court shall dispose of the matter in a manner least restrictive to the minor and consistent with the best interests of the minor and the Tribe as allowed in Section 7.12(e) of this Ordinance.

(5) Final Order A finding that the minor is a juvenile offender is a final order for purposes of appeal.

(n) PROBATION REVOCATION HEARING: A minor alleged to have violated the terms of probation may be proceeded against in a probation revocation hearing. All procedures, rights and duties applicable to juvenile offender petitions shall be followed in a probation revocation proceedings.

(a) COMPULSORY SCHOOL ATTENDANCE:

(1) Compulsory School Attendance: Responsibility Any qualified student and any person who, because of age, is eligible to become a qualified student as defined by Oregon State Law until attaining the age of sixteen (16) shall attend a public or private school or a state institution. A person shall be excused from this requirement if:

(A) The person is specifically exempted by law from the provisions of this section;

(B) The person has graduated from a high school;

(C) The person is at least fourteen (14) years of age and has been excused from the local school board or its authorized representative upon a finding that the person will be employed in a gainful trade or occupation or engaged in an alternative form of education sufficient for the person's educational needs and the person having legal custody and control consents:

(D) The person is excused from the provision of this section by the superintendent of schools of the school district in which the person is a resident with consent of the person having legal custody and control of the person to be excused and such person is under sixteen (16) years of age; or

(E) The person is judged, based on standards and proced ures adopted by the Oregon State Board of Education, to be unable to benefit from instruction because of learning disabilities or mental, physical or emotional conditions.

(2) A person subject to the provisions of this Section shall attend school for at least the length of time of the school year that is established in the school district in which the person is a resident.

(3) Any person having legal custody and control of a person subject to the provision of this Section is responsible for the school attendance of that person.

(4) Certificates of Employment

(A) Full-Time School Attendance Not Required Any student subject to the provisions of this Section attaining the age of sixteen (16) may be excused from full-time school attendance by issuance of a certificate of employment by the superintendent of schools of the school district in which the student is a resident or is employed. The cer tificate of employment shall only be issued upon satis factory assurance to the superintendent of schools that the student will be definitely employed in a gainful trade or occupation.

(B) Contents of Certificate The certificate of employment shall contain the following information:

1. The name, age and residence of the person excused from full-time school attendance;

2. By whom the person is to be employed or is employed;

3. The last class/grade attended by the person; and

4. A statement that the person is excused from full time school attendance until the certificate is revoked.

(C) Expiration of Certificate If and when the employment certification is revoked or expires and the person is still under 18 years of age, then the compulsory school attendance laws will be reapplied to that person.

(5) Enforcement of Attendance Law/Penalty

(A) Responsibility for Enforcement Each local school board and each governing authority of a private school shall initiate the enforcement of the provisions of the Compulsory School attendance Section for students enrolled in their respective schools.

(B) Procedure To initiate enforcement of the provisions of the Compulsory School Attendance Section, a local school board or governing authority of a private school or their authorized representatives shall give written notice by certified mail to or by personal service on the parent, guardian or one having custody of the person subject to the provisions of the Compulsory School Attendance Section. Any person continuing to violate the provisions of the Compulsory School Attendance Section after receiving written notice as provided by this section shall be reported to the Tribal Court and shall be con sidered to be a neglected child or a child in need of supervision and thus subject to the provisions of the this ordinance.

(C) Failure to Enforce Any person failing his responsibility for initiating enforcement of Subsection B. of this section is guilty of neglect.

(D) Neglect by Parent. Guardian or Custodian After receiving notice, any parent, guardian or custodian of a person continuing to violate the provis-ions of the Compulsory School Attendance Section is guilty of neglect if the parent, guardian or custodian by act or omission, caused the continuing violation.

(6) Religious Instruction Any student may be excused from school to participate in religious activities with the written consent of the student's parent, guardian or custodian.

(b) EMANCIPATION:

(1) Requirements The Tribal Court may declare a child emancipated either pursuant to a petition or as a dispositional alternative if the child:

(A) Wishes to be free from parental control and protection and no longer needs that control and protection; or

(B) Is a minor-in-need-of-care or Juvenile Offender as defined by this Ordinance; and all of the following exist.

(2) Requirements for Emancipation: Before a minor may be emancipated, he shall:

(A) Be sixteen (16) years of age; and

(B) Be self-supporting; and

(C) Understand the consequences of being freeX from parental control and protection; and

(D) Have an acceptable plan for independent living.

(3) Procedure for Emancipation

(A) Petition A minor may petition the Tribal Court for a declaration of full or partial emancipation. The petition shall be verified and shall state specific facts which will support a declaration of emancipation

(B) Notice Before the petition is heard, notice shall be given to the minor's parent' (s) , guardian or custodian as required by this Ordinance.

(C) Findings If the Court finds that the requirements of Section are met, the Court may grant all or part of the petition, unless, after having considered all of the evidence, it finds that emancipation would not be in the best interests of the child.

(D) Declaration If the Court grants all or part of the petition, it shall immediately issue a declaration of emancipation.

(4) Purpose for Emancipation An emancipated minor shall be considered an adult over the age of eighteen (18) for all purposes except that they shall remain subject to the laws requiring compulsory school attendance and to the continuing jurisdiction of theTribal Court.

(c) ESTABLISHMENT OF PARENTAGE AND SUPPORT:

(1) Child's Right to Support The parents are jointly liable for the support of the child until he or she reaches eighteen (18) years of age, is emancipated, or the parental rights are terminated, notwithstanding the child's parents have never been married to each other.

(2) Establishing Parentage: The parentage of a child may be established by:

(A) A written acknowledgement by a parent that he is the father of or she is the mother of the child, and which is filed with the Tribal Court; or

(B) A judicial determination by the Tribal Court.

(3) Proceedings to Establish Parentage and Compel Support:

(A) When and By Whom Proceedings May be Filed:

i. Proceedings to establish parentage may be brought in Tribal Court any time before the child is 18 years of age by a parent or the minor acting through a guardian if the complainant parent dies or becomes disabled, or by the Tribe; and

ii. Proceedings to compel support from a parent may be brought in Tribal Court at any time until a child reaches the age of 18 or becomes an adult through emancipation or marriage, and shall be brought by a complaining parent, by the minor if the complainant dies or becomes disabled or by the Tribe. Proceedings on behalf of a minor may be brought by the custodian of the minor.

(B) Form of Petition; Summons: Procedures

i. The petition shall be in the form approved by the Tribal Court and shall charge the person named as respondent with being the father or mother of the minor and demand that such person be compelled to support the minor;

ii. Summons shall be issued and served as in other actions in this Ordinance; and

iii. Procedure shall be the same as in other Tribal Code actions.

(C) Judgments The Court shall enter its order determin ing the child's parentage and support, if any, at the conclusion of the adjudicatory hearing.

(4) Starting and Completing Proceedings may be started before the birth of the child, but, unless the alleged father consents, trial will not be held until at least 15 days after the birth of the child.

(5) Rights of a Child Once Parentage is Established After the parentage of a child is established, the child has the same rights of inheritance from the person who is established as a parent that a child born as a result of a lawful marriage has under tribal law.

(d) APPEAL:

(1) Procedure Upon establishment of a Tribal Appellate Court, an appeal may be taken from any order, decree or judgment of the Tribal Court under this Ordinance to said Appellate Court. Such appeal shall be taken in the same manner in which appeals are taken from judgments or decrees of the Tribal Court. Except as otherwise provided in this ordinance, the appeal must be taken within one month from the entry of the order, decree or judgment appealed from.

(2) Stay Pending Appeal Unless the Court stays its order, the pendency of an appeal shall not stay the order or judgment appealed from in a children's case. Where the order or decree appealed from directs a change of legal custody of a child, the appeal shall be heard and decided at the earliest practicable time. The name of the child shall not appear on the record on appeal.

(e) FULL FAITH AND CREDIT: The Court shall give full faith and credit to State and Tribal child custody orders, where the state and tribe reciprocate in giving full faith and credit to Court Orders of the Grand Ronde Tribal Court, and where such orders are consistent with the public policy of the tribe, the intent of the Indian Child Welfare Act, and the laws and customs of the Tribe.

(f) STANDARDS FOR DETENTION AND SHELTER CARE FACILITIES:

(1) Rules and Regulations The Tribal Council shall adopt written rules and regulations governing the operation of detention and shelter care facilities.

(2) Content of Rules and Regulations The Rules and Regulations shall include but are not limited to the following items:

(A) cleanliness standards;

(B) heat, water and lights standard;

(C) personnel standards;

(D) visiting privileges;

(E) occupancy standards;

(F) provisions for medical and dental care;

(G) provisions for food, clothing and other personal items

I hereby certify that this is a true copy of the Indian Child Welfare Ordinance of the Confederated Tribes of the Grand Ronde Community of Oregon.




____________________________
Tribal Council Secretary