Tribe: Pit River Tribe (includes XL Ranch, Big Bend, Likely, Lookout, Montgomery Creek and Roaring Creek Rancherias)
SECTION 116. INDIAN CHILD WELFARE COMMITTEE INFORMAL ADJUSTMENT CONFERENCE
(A) Informal Conference. The Indian Child Welfare Committee or its designee 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 the filing of a petition if:
(1) An informal adjustment of the matter 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 adjustment conference after they have received an explanation of their rights.
(B) No Authorization to Compel Involuntary Action. This section does not authorize the Indian Child Welfare Committee or its designee to compel any involuntary action of the parties involved.
(C) Options. At the informal adjustment conference, the Indian Child Welfare Committee or its designee, 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) Define terms of supervision calculated to assist and benefit the child, which regulate the child’s activities and are within the ability of the child to perform.
(D) Report. The Indian Child Welfare Committee or its designee shall set forth in writing, conference findings and the disposition agreed to by the parties. The report shall be made available to and signed by the child, if appropriate, the child’s parent, guardian, or custodian, the child’s advocate, parents’ attorney, the presenting officer and the Court, if a petition has been filed.
(E) Petition. If an informal adjustment is agreed to the Indian Child Welfare Committee may decline to authorize the filing of a petition, hold its petition in abeyance, or withdraw a petition and re-file at a later date without prejudice.
(F) Duration. Any disposition arranged through the informal adjustment procedure shall be concluded within six (6) months.
(G) Monitoring the Agreement. The Indian Child Welfare Committee or its designee shall review the child’s progress every thirty (30) days. If, at any time after the initial thirty (30) day period, the Committee concludes that positive results are not being achieved, the Committee shall direct the protective services worker to request the filing of a petition by the presenting officer.
(H) Privileged Information. No statement during the informal adjustment hearing may be admitted into evidence at an adjudication hearing or any other proceeding involving the child.