Tribe: Nottawaseppi Huron Band of the Potawatomi
§ 7.3-20CIT facilitation services.
The CIT shall also provide assistance to families by:
A.
Identifying available community resources, programs and services;
B.
Providing recommendations to agencies concerning services needed by families or individuals;
C.
Promoting cooperation, communication and consistency among agencies;
D.
Providing a forum for debating what actions would best promote the well-being of Indian juveniles;
E.
Responding to inquiries from the community, area child protection teams and other individuals and groups; and
F.
Assisting in the development and implementation of strategies by communities to promote the dignity, self-worth, self-respect and self-sufficiency of community members.
§ 7.3-21CIT assessment.
The Presenting Officer shall receive or be forwarded all complaints from the NHBP Police Department. The Tribe’s Presenting Officer shall review all complaints for legal sufficiency. If the Presenting Officer determines that the complaint is legally sufficient, it will then be reviewed by the CIT subject to Subsection A of this section.
A.
If the alleged kyé batze is within the following 14 categories, the presumption of the case management shall be with the Presenting Officer and the CIT shall not be forwarded the complaint. The Presenting Officer may file a petition for adjudication, or evaluate the kyé batze on an individual basis for diversion or charge alternatives:
(1)
Murder.
(2)
Manslaughter.
(3)
Rape.
(4)
Assault with intent to commit murder.
(5)
Arson.
(6)
Burglary.
(7)
Larceny.
(8)
Kidnapping.
(9)
Incest.
(10)
Assault with a dangerous weapon.
(11)
Assault resulting in serious bodily injury.
(12)
Assault with intent to commit rape.
(13)
Robbery.
(14)
Felonious sexual molestation of a minor.
B.
If the alleged kyé batze is other than those listed in Subsection A of this section, the presumption of the case management shall be with the CIT and complaints will be forwarded to it, with the reservation of discretion maintained by the Presenting Officer to evaluate the case on an individual basis for adjudication, or charge alternatives.
C.
The Presenting Officer shall present complaints to the CIT at the next meeting or fourteen (14) calendar days from when the complaint is received, whichever is sooner. The CIT initial assessment shall be completed within twenty-one (21) calendar days of when the complaint is received from the Presenting Officer. The Assessor shall be a person as designated by the CIT or other appropriate person. The assessment shall include, but not be limited to, interviewing the juvenile, gathering family background and conducting a home evaluation. The Assessor shall also talk to the victim(s) and gather information regarding the incident. Based upon the information gathered, the Assessor shall write a report which shall include recommendations and present it to the CIT.
D.
The CIT shall review all recommendations and shall:
(1)
Decide not to proceed with any action;
(2)
Refer the matter to Peacekeeping;
(3)
Develop a case plan for the juvenile; or
(4)
Refer the matter to Tribal Court for adjudication.
E.
Removal. The CIT cannot remove a juvenile from his/her home. A Court may order removal in emergency situations under § 7.3-40, Preliminary hearing; emergency removal.
