Tribe: Menominee Indian Tribe of Wisconsin
278-48 Preliminary assessment for juvenile; jurisdiciton over the child and family. A. Information or allegations indicating that a juvenile is uncontrollable, habitually truant from school, habitually truant from home, has run away from home, has committed a traffic offense or other noncriminal offense under Tribal Code, or other circumstances where the juvenile is in need of protection and services pursuant to § 278-193HH shall be referred to the Department.
B.
The Department shall promptly conduct an initial screening decision for all information and allegations referred. The Department shall develop criteria to decide if the information or allegation(s) should be assigned for preliminary assessment. The Department may conduct a multidisciplinary screening with other Tribal programs, Tribal School, Menominee Indian School District.
C.
The Department shall conduct a preliminary assessment within 60 days from the date of the allegation, which at a minimum shall include:
(1)
A determination of the available facts, nature, extent, or the cause of any condition relating to the referral to the Department, the need for protection and services under this chapter, and the best interest of the juvenile for any action taken.
(2)
The name, age, and condition of other children in the home;
(3)
Evaluation and assessment of the needs of the family.
(4)
The Department may take a multidisciplinary approach to this assessment based on information or allegations referred and the connections of the juvenile or the family to other Tribal Programs or Services, Tribal School, or Menominee Indian School District, including teaming the assessment where appropriate.
(5)
The Department will give notice of the meeting to the parent(s), guardian(s) or caretaker(s) of the juvenile, by all reasonable means but, if the parent(s), guardian(s) or caretaker(s) cannot be notified or located or refuses to participate in the meeting, the inquiry shall still go forward.
D.
The Department shall notify the appropriate law enforcement agency where criminal conduct is suspected.
E.
The Department shall prepare a written report based on their assessment:
(1)
The written report shall at minimum contain:
(a)
The name and address of the juvenile and his/her parent(s), guardian(s) or caretaker(s).
(b)
The juvenile’s date of birth.
(c)
The name(s) and date(s) of birth of the juvenile’s birth parents, parent(s), guardian(s) or caretaker(s).
(d)
The nature and extent, including any evidence, and other information that might be helpful in establishing the cause of the need or protection and services.
(e)
Enrollment status of the child and child’s parent(s), guardian(s) or caretaker(s).
(f)
Statement substantiating jurisdiction as to whether the juvenile in need of protection and services or if the information or allegations are unsubstantiated.
(g)
Needs assessment of the family and whether the family could or would be best served by voluntary or involuntary services;
(h)
Recommendations for voluntary or involuntary services.
(2)
If the allegation is unsubstantiated, the Department shall:
(a)
Close the assessment; and
(b)
Refer to Netāēnawemākanak services or other appropriate agencies for voluntary services.
(3)
If the information or allegation is substantiated, the Department shall:
(a)
Refer to Netāēnawemākanak services or other appropriated agencies; and/or
(b)
Enter into an informal disposition and notify the Prosecutor within 10 days of entering the informal disposition; or
(c)
Refer the matter to the Prosecutor for the filing of a juvenile in need of protection and services petition for Court intervention.
F.
The Prosecutor shall:
(1)
Within 30 calendar days from the date the Prosecutor receives the informal disposition or referral for juvenile in need of protection and services for Court intervention file a petition with the Court; or
(2)
Within 30 calendar days from the date the Prosecutor receives the informal disposition or referral for juvenile in need of protection and services for Court intervention refer back to the Department for further investigation. The investigation referral shall not exceed 20 days. Referrals sent back to the Prosecutor following the completed further investigation shall be treated as a new referral for timeliness determinations under this section; or
(3)
Within 30 calendar days from the date the Prosecutor receives the informal disposition deny and dismiss the informal disposition and refer to N services. The denial shall be based on cause relating to jurisdiction, timeliness, lack of evidence or admissibility. Notice shall be given to the Department and the child’s parent(s), guardian(s) or caretaker(s).
(4)
Within 30 calendar days from the date the Prosecutor receives the referral for juvenile in need of protection and services for Court intervention deny the referral and refer to N services. The denial shall be based on cause relating to jurisdiction, timeliness, lack of evidence or admissibility. Notice shall be given to the Department and the child’s parent(s), guardian(s) or caretaker(s).
G.
If a petition is not filed by the 30th day, it shall be treated as a denial and notice shall be given to the Department and the child’s parent(s), guardian(s) or caretaker(s). […] 278-49 Informal disposition. A. The Department may enter into an informal disposition under this article, when it promotes the best interest of the juvenile and family, if all of the following exist:
(1)
There is a written agreement with all parties describing the conditions and obligations that must be met to ensure the child is protected and to alleviate the conditions that led to the referral.
(2)
The Department has determined that the interest of the juvenile and the family does not require a formal Court intervention to provide protection and services to the juvenile and the family and there is jurisdiction over the juvenile and family.
(3)
There is consent by the juvenile’s parent(s), guardian(s), or caretaker(s) and the juvenile, if the juvenile is 12 years of age or older.
B.
The informal disposition may not include any form or out-of-home placement and may not exceed six months, unless an extension is agreed to by all parties. At no time shall an informal disposition exceed 12 months. If an extension is objected to, the Department may request the Prosecutor file a petition.
C.
If the informal disposition requires a person to obtain an alcohol or drug abuse assessment, they shall execute an informed consent form that they are voluntarily and knowingly entering into an informal disposition agreement with a provision for alcohol and drug abuse treatment.
D.
Informal disposition shall be terminated:
(1)
When the conditions and obligations imposed are not being met and shall be referred to the Prosecutor for filing a petition. Prosecutor shall have 20 days after the termination referral to file the petition; or
(2)
At the request of a juvenile 12 years or over, parent(s), guardian(s), or caretaker(s) and shall be referred to the Prosecutor for filing a petition; or
(3)
When the Prosecutor files a petition within 20 days after receipt of notice of the informal disposition.
E.
If all conditions and obligations of the informal disposition are met, no petition may be filed on the referral information or allegations that brought about the informal disposition.