Tribe: Grand Traverse Band of Ottawa and Chippewa Indians
§ 117 – Anishinaabek Family Services Informal Preventative Intervention
(a) Informal Conference. Anishinaabek Family Services may hold an informal conference
with the child and the child’s parent(s), guardian, or custodian, before or after the filing of
a petition, to discuss alternatives to formal dependency adjudication if:
(1) An informal intervention into family circumstances would be in the best interest of
the child and the Tribe; and
(2) The child and the child’s parent(s), guardian, or custodian consent to an informal
preventative intervention conference after they have received an explanation of their
rights.
(b) No Authorization to Compel Involuntary Action. This section does not authorize the
Anishinaabek Family Services to compel any involuntary action by the parties involved.
(c) Options. At the informal preventative intervention conference, Anishinaabek Family
Services, with the voluntary agreement of the parties, may: (1) Refer the child and the child’s parent(s), guardian, or custodian to a community
agency for assistance; or
(2) Suggest remedial strategies, including but not limited to referral to the peacemaking
procedures, group or family counseling or other activities which are intended to
prevent formal Dependency proceedings.
(d) Report. Anishinaabek Family Services shall set forth, in writing, conference findings and
the disposition agreed to by the parties. The report shall be made available to all parties in
interest.
(e) Petition. If an informal preventative intervention plan is agreed upon, Anishinaabek
Family Services may recommend holding a petition for Dependency Adjudication in
abeyance, or withdrawal of a petition reserving the option to re-file at a later date.
(f) Duration. Any informal preventative intervention plan shall conclude within six (6)
months of execution.
(g) Monitoring the Agreement. Anishinaabek Family Services shall review a child’s progress
in a preventative intervention plan every thirty (30) days. If, at any time AFS concludes
that positive results are not being achieved, the protective services worker may request that
the presenting officer file a petition for Adjudication of Dependency.
(h) Privileged Information. No statement during an informal preventative intervention
conference may be admitted into evidence at a Dependency adjudication hearing,
Termination of Parental Rights Hearing or any other tribal court proceeding involving the
child. […] § 122 – Disposition Hearing
(a) Purpose. A disposition hearing shall be subsequent to the entry of an Order of
Dependency, conducted to determine a plan of remedial measures designed to achieve the
reunification of the family or, concurrently a preliminary permanency plan for termination
of parental right. Factors which shall determine disposition of a child adjudicated as
dependent and a remedial plan shall include:
(1) A child is properly within the Court’s jurisdiction, and when applicable;
(2) A Respondent who has been adjudicated to be responsible for the abuse or neglect
of a child(ren) under the jurisdiction of the Court;
(3) Children residing within the same household as a child adjudicated as dependent or
a child born during the period in which the Court retains jurisdiction over a child
adjudicated to be Dependent.
(b) Disposition Immediately Following Adjudication. A disposition hearing may be heard
immediately after the adjudication. The interval, if any, between the adjudication and the
disposition, is within the discretion of the Court but shall not to exceed 15 business days
after the entry of Order of Dependency. (1) Child in Placement. When a dependent child is in placement, the interval between
adjudication and disposition may not exceed thirty (30) business days except for
good cause.
(2) Notice. If a disposition hearing is not held immediately after the adjudication, notice
of hearing may be given by scheduling it on the record in the presence of the parties
or in accordance with § 119, Service of Summons, Notices of Hearings, Subpoenas,
and Notice to Putative Fathers.
(c) Proposed Case Service Plan. The Anishinaabek Family Services or its agents shall prepare
a written report describing all reasonable and appropriate alternative dispositions,
including reports and recommendations of protective service workers. The report shall
contain a specific, concurrent plan for placement, care and assistance to the child, and
reunification requirements for all parties. A plan shall include:
(1) Detailed Explanation. The report shall contain a detailed explanation of the
necessity for the proposed remedial or reunification plan requirements and projected
benefits to the child and a rough time line for meeting requirements of the plan.
Boilerplate plans are prohibited and each party shall receive individual
consideration in executing plan requirements.
(2) Specific Reasons Underlying Placement Recommendation. If the report
recommends out of home placement it shall state the specific reasons underlying the
recommendation and state the proposed placement plan.
(3) Due Date. Anishinaabek Family Services or its agents shall present the case plan to
the Court, the child advocate, and the presenting officer, the respondents’ parents or
the respondents’ attorney(s) at least three (3) days before the disposition hearing.
(4) Children over the age of fourteen (14) may participate in planning and generating
the reunification plan but shall participate in the planning ort generation of
preliminary permanency plans for termination of parental rights. All parties in
interest shall be entitled to participate in the planning and generation of
reunification plans but not in the planning and generation of preliminary
permanency plans for termination of parental rights.
(d) Evidence. All probative and material evidence, including oral and written reports, may be
admitted, even though such evidence may not be admissible at trial. When issuing its
Disposition Orders, the Court shall consider the case Disposition plan and any report by an
agency responsible for the care and supervision of the child, concerning efforts to prevent
the break up of the family, or to rectify conditions that caused removal of the child from
the home.
(1) Cross-examination. The parties shall be given an opportunity to examine and
controvert evidence including written reports so received and may be allowed to
cross-examine individuals generating reports. All reports entered into evidence for purposes of Disposition Orders shall be admitted only upon establishment of proper
foundation.
(2) Speaker Phones. The Court may rely upon conference telephonic or other electronic
devices that permit all those appearing or participating to hear and speak to each
other.
(3) No Assertion of Privilege. No assertion of an evidentiary privilege, other than the
privilege between attorney and client, shall prevent the receipt and use, at the
disposition, of materials prepared pursuant to a Court ordered examination,
evaluation, assessment, interview or course of treatment.
(e) Disposition Orders.
(1) Order of Disposition. The Court shall enter Disposition Orders after considering the
Disposition plan and other evidence offered bearing on disposition. The Court shall
approve a Disposition Plan and may order compliance with all or part of the plan.
The Court may enter such orders as it deems necessary in the best interests of the
child(ren). Disposition Orders shall state whether reasonable efforts have been
made to prevent the breakup of the family under the circumstances of the case. The
Court will advise all parties that a concurrent, preliminary permanency plan for
termination has been submitted to the Court for review and that the plan may be
effectuated as to a particular Respondent if and when there is a showing of
substantial non-compliance with the reunification plan.
(2) Disposition Priorities. If a child has been adjudicated as dependent, the Court may
order, by priority:
(A) The child and other children residing within the same household to remain
with any or all of the Respondents, subject to such conditions as the Court
may prescribe;
(B) Placement of the child and other children residing within the same household
with a relative within the primary service area of the GTB, subject to such
conditions as the Court may prescribe;
(C) Placement of the child and other children residing within the same household
in a licensed foster home within the primary service area of the GTB, subject
to such conditions as the Court may prescribe placement of the child and
other children residing within the same household in a group home or
residential care facility designated by the Court;
(D) Placement of the child and other children residing within the same household
with a relative outside of the GTB service area, subject to a plan for
monitoring, visitation and coordination with other agencies within the
jurisdiction of the placement; or (E) The presenting officer to file an expedited petition to terminate parental
rights under this Code.
(F) Acceptance or rejection of a disposition plan in its entirety.
(f) Order for Reimbursement for Care. Respondents may be ordered by the Court to reimburse
the Tribe and/or the Michigan Family Independence Agency for the cost of care and
placement. Reimbursement will be based on State of Michigan Child Support Guidelines
that have been adopted by the Tribal Council.
(g) Child Support. Respondents may be ordered by the Court to make child support payments
for children placed with relatives or friends who are not eligible for foster care payments
or payments are not sufficient to cover the cost of caring for the children.
(h) Amendments. As long as a child remains a ward of the Court, a Disposition Order may,
upon Motion by any party in interest, be amended or supplemented at any time.
Emergency Motions to modify or supplement a Disposition order may be granted ex parte
upon a finding by the Court that just cause exists and the best interests of the child will be
served. Notice of ex parte modifications or supplemental Orders must be served on all
parties within forty-eight (48) hours of entry of the modification or supplemental order.
(i) Objections to ex parte modifications or supplemental Disposition Orders must be filed
with the Court within seven (7) days of entry of the Order. If objections are timely filed,
the Court shall set an emergency hearing within three days from the date of the date of
filing of objections. The Court may Notify the parties of the hearing by telephone so long
as the Notice is duly recorded in the case file.