Alternative Response Procedure for Minor in Need of Care Proceedings

Choctaw Rules Title XI, §11-4-2 AND §11-4-3

Tribe: Mississippi Band of Choctaw Indians

§11-4-2 Commencement of Action. (1) Alternative Response. As an alternative to the filing of a complaint and/or removal of children, Children and Family
Services (“CFS”, the social services agency of the Tribe) may make such non-judicial adjustment of
a case as is practicable to provide diversionary services to the family. (2) Informal Adjustment. After the commencement of a Complaint but prior to formal adjudication, circumstances may allow
for CFS to recommend a lesser restrictive plan for family reunification while ensuring that necessary
services are provided to the family. Upon completion of services, a case of Informal Adjustment
would be formally closed by the Court. (3) Complaint. Formal proceedings shall be commenced by the filing of a complaint by MBCI. Electronic filing of
pleadings may be permitted at the discretion of the Judge. The Complaint shall state: (a) The name, birth date, and adress(es) or the minor, (b) The names and address(es) of the minor’s parent, guardian or custodian; and (c) Reference(s) to the specific statutory provisions which gives the Youth Court jurisdiction over these proceedings. […] §11-4-3 Limitation Upon Alternative Response. No statement(s) made during alternative response to Social Service caseworkers may be admitted
into evidence at an adjudicatory hearing or any proceedings filed against the parent(s), custodian or
guardian under this Title.

Read Full Text of Choctaw Rules Title XI, §11-4-2 AND §11-4-3