Tribe: Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation, California
Sec. 10.14.170 – Informal conference and voluntary family maintenance plan resolution.
(a) Cooperative approach. It is the intent of this Code to strengthen the unity of the family by increasing the self-esteem and reinforcing the dignity of the members of the family. The caseworker will assist family members in meeting goals through the provision of tools and skills available through social service and community providers. Wherever possible, the goals should be mutually agreed upon between the parent, Indian custodian, or guardian, the child (if of suitable age), and the caseworker. Voluntary participation in available services is strongly encouraged and will be offered to the parent, Indian custodian, or guardian by the caseworker whenever such approach will not endanger the health, safety, and welfare of the child.
(b) Voluntary participation. Where the investigation of the allegations is inconclusive or unsubstantiated, but the parent, Indian custodian, or guardian willingly seeks assistance, or where the results of the investigation provide a reasonable suspicion that the abuse, neglect, or abandonment occurred, but did not rise to the level requiring the removal of the child from the home, the caseworker may enter into a written agreement (family maintenance plan) with the parent, Indian custodian, or guardian instead of filing a Child in Need of Care Petition with the Tribal court.
(c) Voluntary placement of child outside the home. As part of the voluntary agreement, the parent, Indian custodian, or guardian may voluntarily place the child outside the home.
(d) Contents of family maintenance plan. The agreement must be signed by the parent, Indian custodian, or guardian, and the caseworker and must include the following:
(1) A written explanation of the voluntary participation process. The length of the program cannot continue for longer than one year, except on a finding of good cause by the Tribal court and excluding any waiting period for acceptance into a program that is not the result of the parent, Indian custodian, or guardian’s failure to act. Successful completion of the plan will result in the closure of the current case without the filing of a child in need of care petition.
(2) A notice that the unsuccessful completion of the family maintenance plan will result in the filing of a child in need of care petition.
(3) A listing of the mutually agreed upon goals to be accomplished by the parent, Indian custodian, or guardian in order to successfully complete the family maintenance plan.
(4) A time estimate for the completion of the goals, provided by the parent, Indian custodian, or guardian, but not to exceed one year (excluding any wait for entry into a program).
(5) A statement of where the child will be residing for the duration of the parent, Indian custodian, or guardian’s voluntary assistance participation; and
(6) A statement of what non-compliant actions of the parent, Indian custodian, or guardian will terminate the agreement and result in the filing of a petition, including, but not limited to, the number of appointments or meetings missed; the number of positive substance abuse tests; the failure to complete goals in a timely manner; and any substantiated reports or new abuse, neglect, or abandonment allegations.
(e) Disqualification. (1) Child removed from home. The parent, Indian custodian, or guardian is excluded from the option of an informal conference and family maintenance plan where the child has been removed from his home on an emergency basis due to an immediate threat to his health or safety, unless all the following occur: a. The caseworker specifically recommends an informal conference; and b. The parent, Indian custodian, or guardian agrees to voluntarily place the child outside the home, with the understanding that the parent’s attempt to regain custody prior to the completion of the family maintenance plan will result in the immediate filing of a petition by Tribal family services and a request that the child be ordered by the Tribal court into the care, custody, and control of Tribal family services, or into a specific out of home placement; and c. The Tribal court finds that the child’s safety will not be jeopardized by the family maintenance plan and voluntary receipt of services, and the Tribal court includes the reasons for such a finding in a written order; and d. The Tribal court finds that the family maintenance plan and voluntary receipt of services by the parent, Indian custodian, or guardian is in the child’s best interests and includes the reasons for such a finding in a written order. (f) Nature of allegations. No family maintenance plan agreement may be offered when any of the following allegations are substantiated by the Tribal family services investigation: (1) The act of abuse or neglect resulted in serious bodily injury to the child; or (2) A deadly weapon was used to accomplish the act of abuse; or (3) The act of abuse or neglect was committed to gratify the abuser’s desire for pleasure or excitement, including any pleasure or excitement caused by the infliction of pain on the victim; or (4) The act of abuse or neglect was committed with exceptional cruelty or caused exceptional pain, regardless of the presence or absence of a serious bodily injury; or (5) The act of abuse was sexual in nature. (g) Termination of voluntary agreement. (1) Termination by parent. The parent, Indian custodian, or guardian can terminate the agreement by stating in writing that he no longer wishes to participate. (2) Termination by Tribal family services. Tribal family services can only terminate the agreement by stating in writing the cause for the termination and the effective date of the termination. The parent, Indian custodian, or guardian, and ACLD must be provided with a copy of the termination notice prior to the termination becoming effective. (h) Required notice of consequence of termination. If the termination of the agreement may result in the filing of a child in need of care petition, or the adjudication of a previously filed petition, Tribal family services must advise the parent, Indian custodian, or guardian of these possibilities.