Tribe: Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation, California
Sec. 10.14.110 – Tribal family service advocates and caseworkers.
[…]
(c) Substance abuse by pregnant woman. If Tribal family services receives a report which alleges a pregnant woman’s abuse of alcohol or a controlled substance, Tribal family services shall arrange an appropriate assessment and offer services indicated under the circumstances. Services offered may include, but are not limited to, a referral for chemical dependency assessment, a referral for chemical dependency treatment, if recommended, and a referral for parental care. Tribal family services also may seek Tribal court ordered services under section 10.14.120. Tribal family services shall seek Tribal court ordered treatment under said section 10.14.120 if the pregnant woman refuses recommended voluntary services or fails recommended treatment.
Sec. 10.14.120 – Drug/substance abuse during pregnancy.
(a) Jurisdiction. The Tribal court may take jurisdiction of a pregnant woman who has engaged in abuse of alcohol or a controlled substance upon a showing by a preponderance of the evidence that the woman is pregnant and abusing alcohol or controlled substance.
(b) Tribal court order. Upon asserting jurisdiction, the Tribal court may enter orders regarding such person requiring her to refrain from substance abuse, submit to reasonable measures to ensure her nonuse, and comply with community based or inpatient treatment programs. Such Tribal court orders may be enforced through the Tribal court’s civil contempt power.
(c) Privileged information. Information made available pursuant to a Tribal court order regarding a woman’s drug/substance use during pregnancy may not be used in a criminal prosecution against the woman.