Tribe: Little River Band of Ottawa Indians
18.02. Proposed Case Plan.
a. The Family Services Department shall prepare a written report describing all reasonable and appropriate alternative dispositions. The report shall contain a specific plan for the care of and assistance to the minor and/or the minor’s parent(s), guardian, or custodian designed to resolve the problems presented in the petition.
b. The report shall contain a detailed explanation of the necessity for the proposed disposition plan and its benefits to the minor.
c. If the report recommends placement of the child somewhere other than with the child’s parent(s), guardian, or custodian, it shall state the specific reasons underlying its placement recommendation, including any reason(s) for deviating from the placement priorities defined in Section 15 of this Code.
d. The Family Services Department shall present the case plan to the Binojeeuk Commission for its adoption, modification, or rejection at a scheduled Commission meeting prior to the dispositional hearing. Case plan material shall be delivered to the Binojeeuk Commissioners five (5) days prior to the Binojeeuk Commission meeting. […] 18.03. Evidence. All relevant and material evidence, including oral and written reports may be received and may be relied on to the extent of its probative value, even though such evidence may not be admissible at trial. The Court shall consider the case service plan and any report by any agency responsible for the care and supervision of the child concerning efforts to provide remedial services and rehabilitation programs to prevent removal or to rectify conditions that caused removal of this minor from the home. The parties shall be given an opportunity to examine and controvert written reports so received and may be allowed to cross-examine individuals making reports when such individuals are reasonably available. No assertion of an evidentiary privilege other than the privilege between attorney and client shall prevent the receipt and use at the Disposition phase of materials prepared pursuant to a court ordered examination, interview or course of treatment. […] 18.04. Disposition Orders.
a. The Court shall enter an order of disposition after considering the case service plan and other evidence offered at Disposition. The Court shall approve a case service plan and may enter such orders as it considers necessary in the interest of the child. The order of disposition shall state whether active efforts have been made to prevent the child’s removal from the home or to rectify the conditions that caused the child’s removal from the home.
b. If a child has been found to be a child-in-need-of-care, the Court may make the following dispositions, consistent with the placement preferences described in Section 15:
1. Permit the child to remain with the parent(s), guardian or custodian, subject to such conditions as the Court may prescribe;
2. Place the child with a relative subject to such conditions as the Court may prescribe;
3. Place the child in a licensed foster home subject to such conditions as the Court may prescribe;
4. Place the child in group home or residential care facility designated by the Court; and
5. Direct the presenting officer to file a petition to terminate parental rights under this Code.
c. If a child remains under the jurisdiction of the Court, an order may be amended or supplemented within the authority granted to the Court in this Code at any time as the Court considers necessary.
Read Full Text of Little River Band of Ottawa Indians Ordinance #98-900-01: 18.02; 18.03; and, 18.04.