Tribe: Dry Creek Rancheria Band of Pomo Indians
SECTION 11. Indian Child Welfare Committee
(A) Creation of the Indian Child Welfare Committee
. The Indian Child Welfare Committee
(“ICWC”) is hereby created for the purpose of protecting the best interests of the child and promoting the stability and security of the Tribe and its Indian families by fully exercising the
Tribe’s rights and responsibilities under the Indian Child Welfare Act of 1978 and this Code.
(B) Membership
.
The Indian Child Welfare Committee shall consist of not less than
four (4) and not more than ten (10) adult members of the Tribe appointed by the Tribal
Chairperson. At least one member of the Committee shall be a Board of Directors member, and
that Council member shall serve as chairperson of the committee. (C) Duties
. The ICWC shall act under the authority expressly delegated to in this Code or in
other enactment by the Board of Directors. The ICWC shall have the following duties:
(1) Advise the Board of Directors and the Children’s Court on child welfare matters and
recommend policies and procedures for implementing federal and tribal child welfare
law;
(2) Monitor child welfare proceedings involving tribal members in the state or other tribal
courts;
(3) Be advised of pending state court proceedings as provided in the Indian Child Welfare
Act and make recommendations regarding intervention in such proceedings and transfer
of jurisdiction from state court to the Children’s Court;
(4) Conduct informal conferences with a child and the child’s parent(s), guardian, or
custodian, as provided in this Code, to discuss alternatives to formal court jurisdiction for
resolving concerns about the proper care and supervision of a child;
(5) Make recommendations to authorize the filing of child-in-need-of-care petitions in the
Children’s Court pursuant to this Code;
(6) Make case management recommendations to the ICW Program workers, placement
agency workers, and the presenting officer regarding the care, custody and supervision of
tribal children under Court jurisdiction, including recommendations as to case plan,
guardianship, and termination of parental rights;
(7) License and monitor group, shelter, foster and adoptive homes and child placement
agencies; and
(8) Engage in further activities as to protect and improve the welfare of the children of
the Tribe. […] SECTION 16. Indian Child Welfare Committee; Informal 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.