Informal Resolution – Dependency/Neglect

SUITC Title 6 § 6-6-101

Tribe: Southern Ute Indian Tribe of the Southern Ute Reservation

6-6-101. Informal Resolution. (1) Conference. When a dependency and neglect or child in need of supervision referral is received, but it is determined that immediate removal is not necessary, Tribal Social Services may hold a conference with the child’s parent(s), guardian(s) or custodian(s) and the child, where appropriate, to discuss alternatives to the filing of a petition if: (a) The facts are admitted to Tribal Social Services, and Tribal Social Services believes that the case is within the jurisdiction of the Children’s Court; and (b) Written consent to the informal resolution is obtained from the parent(s), guardian(s) or custodian(s) and from the child, if of sufficient age and understanding; and (c) An informal resolution of the matter without court involvement would be in the best interest of the child and the Tribe. (2) Dispositions Available. At the informal proceedings, Tribal Social Services may: (a) Refer the child and the parent(s), guardian(s) or custodian(s) to community agencies or resources for needed assistance; or (b) Formulate a written case plan with the parent(s), guardian(s) or custodian(s), specifying the terms of Tribal Social Services’ supervision to assist and benefit the child and the parent(s), guardian(s) or custodian(s) and regulating the activities of the child and the parent(s), guardian(s) or custodian(s). The case plan must be reasonable and within the abilities of the parent(s), guardian(s) or custodian(s), and the child. Copies of all case plans shall be furnished to the parent(s), guardian(s) or custodian(s). (3) Duration of the Case Plan. The period covered by the case plan shall not exceed 180 days. Tribal Social Services shall regularly review progress under the plan. If at any time during this period Tribal Social Services concludes that the terms of the case plan have not been met, the Presenting Officer may file a petition. If 180 days have expired since the case plan was initiated, and the child continues to be in need of supervision or abused, dependent or neglected, the Presenting Officer may file a petition with the Children’s Court.

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