Tribe: Prairie Island Indian Community in the State of Minnesota
Section 6.
Procedures and Authorizations.
a. Rules of Procedure. The procedures in the Tribal Court shall be governed by the
Prairie Island Indian Community Rules of Civil Procedure, to the extent they are not
in conflict with this Ordinance.
b. Rules of Evidence.
1. Generally. Except as otherwise provided by statute or these rules, in a child
welfare matter, the Court shall only admit evidence that would be admissible in a
civil trial pursuant to the Federal Rules of Evidence.
2. Hearsay Allowed. Hearsay evidence will not be excluded in a child welfare
hearing as long as it is otherwise reliable and subject to challenge by the opposing
party. The Tribal Court will give due weight to such evidence. Best evidence is
direct testimony from the witnesses. The Tribal Court may continue the
proceedings and order that witnesses be produced, if they are available, to verify
hearsay.
3. Judicial Notice. In addition to the judicial notice permitted under the Federal
Rules of Evidence, the Court, upon its own motion or the motion of any party or
the Community attorney, may take judicial notice only of findings of fact and
court orders in the child protection court file and in any other proceeding in any
other court file involving the Child or the Child’s Parent, Guardian, or legal
Custodian.
c. Rules of Construction.
1. This Ordinance shall be construed liberally to effectuate the Community’s
policies, enumerated in Section 2(a).
2. References to the singular shall be construed to include the plural, and references
to the plural shall be construed to include the singular.
3. In interpreting this Ordinance, the Court and other parties shall balance the Best
Interests of the Child, the best interests of the child’s family, and the best interests
of the Prairie Island Indian Community.
d. Written Orders. The Tribal Court must issue written orders pertaining to all matters
brought under this Ordinance. Any order issued under this Ordinance other than
scheduling orders or other orders on procedural matters must contain findings of fact
and conclusions of law, unless the parties stipulate to the order.
e. Cooperation and Grants. The Tribal Court is authorized to cooperate fully with any
federal, state, tribal, or public or private agency in order to participate in any foster
care, shelter care, treatment or training program(s) and to receive grants-in-aid to carry out the purposes of this Ordinance. This authority is subject to the approval of
the Community Council if it involves an expenditure of Community funds.
f. Court Programs. Tribal Court is authorized to establish a Healing to Wellness Court,
Peacemaking Court or personnel, traditional court, or other court programs or
personnel, and create rules and procedures for the administration thereof, to carry out
the purposes of this Ordinance. This authority is subject to the approval of the
Community Council if it involves an expenditure of Community funds.
g. Social Services. The Tribal Court may use such social services as may be furnished
by any tribal, federal, or state agency provided that it is economically administered
without unnecessary duplication and expense.
h. Contracts. The Tribal Court may negotiate contracts with tribal, federal, or state
agencies, and/or departments on behalf of the Community Council for the care and
placement of Children before the Court, subject to the approval of the Community
Council if it involves an expenditure of Community funds.