Tribe: Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan
Section 14. CHILD WELFARE COMMITTEE INFORMAL ADJUSTMENT CONFERENCE
A. Before and/or after the filing of a petition, the Indian Child Welfare Act Committee or its designee may hold an informal conference with the minor and the minor’s parent(s), guardian, or custodian 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 minor and the tribe; and
2. The minor and the minor’s parent(s), guardian, or custodian consent to an informal adjustment conference after they have received an explanation of their rights.
B. This section does not authorize the Indian Child Welfare Act Committee or its designee to compel any involuntary action of the parties involved.
C. 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. The Indian Child Welfare Act 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, child’s parent, guardian, or custodian. The child advocate, parent’s attorney and the Court, if a petition has been filed, shall also receive copies of the report.
E. If an informal adjustment is agreed to, the Indian Child Welfare Act Committee may decline to authorize filing a petition, hold its petition in abeyance or withdraw a petition and refile at a later date without prejudice.
F. Any disposition arranged through the informal adjustment procedure of this section shall be concluded within six (6) months.
G. The Indian Child Welfare Act Committee or its designee shall review the minor’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 Service worker to file a petition for a formal adjudicatory hearing.
H. No statement made during the informal hearing may be admitted into evidence at an adjudicatory hearing or any other proceeding involving the minor under this Code.