Tribe: Penobscot Nation
Declaration:
It is the sovereign right of the Penobscot Nation to determine the best interests of its children, and its responsibility to protect, care for and nurture our children. The Penobscot Nation declares that the relationship and bond between parents and their children is of paramount importance to the future of the family and to the future of the Nation.
It is the responsibility of each family to determine the living arrangements and custody of the family’s children, and to provide for the welfare of those children. However, there are instances when a child is deprived of the child’s right to minimal conditions of safety, health, and nurture, the Nation must intervene on behalf of the child to preserve and protect those rights of the child and the health of the entire family. The Early Intervention Program creates a comprehensive Resiliency Plan which shall serve to avoid removal of a child(ren).
1. In accordance with CH15, Sub3, §1 Part 1(B), Penobscot Department of Social Services may request an ex parte Investigative Order from the court after an initial referral to DSS when the child is not in danger of serious harm as defined in Subsection 1, §2 Definitions (35) but is in substantial need of additional care and family assistance.
2. Investigations-Scope: The investigation shall cover the child’s home environment, history, and associations, the present condition of the child(ren) and family, and recommendations as to future care and assistance. In cases involving the duty of support, the study shall include such matters as earnings, assets, financial obligations, and employment. Investigations shall be made by DSS or EI team members as determined by the Court and limited to the purpose of securing services for the benefit of the child(ren) and family.
3. Upon an initial showing of probable cause to believe that a child and family is in substantial need of care and assistance, the Court may issue the Investigative Order as requested.
4. In furtherance of the purposes of the Child Welfare Code, DSS and the Early Intervention team shall utilize the Investigative Order to access necessary information from the family in order to provide services and a Resiliency Plan to mitigate further entry into the court system or removal of a child(ren).
A. The EI Program uses collaborative approaches to strengthen families so that they can thrive and raise their children safely. The Resiliency Plan shall be created and based upon a comprehensive assessment and evaluation of the child and family.
B. The EI Program is intended to facilitate the identification of danger signs which will prompt immediate intervention and/or preventive actions to be taken.
C. Separation of families and removal of a child(ren) is a last resort that should be avoided, if at all possible, as described under “Reasonable Efforts” of the Child Welfare Code.
D. DSS will seek Investigative Orders that reflect the “Reasonable and Prudent Parent Standard” of the Child Welfare Code.