Tribe: Grand Traverse Band of Ottawa and Chippewa Indians
§ 110 – Protective Services Workers
(a) Powers and Duties. (1) Employment. The Anishinaabek Family Services shall employ or contract for at
least one (1) protective services worker.
(2) Cooperation with Other Agencies. The Anishinaabek Family Services shall
cooperate with such state and community services as are necessary to achieve the
purposes of this Code. The Anishinaabek Family Services may negotiate working
agreements with other jurisdictions. Such agreements shall be subject to ratification
by the Tribal Council.
(3) Protocol. A Protective Services Worker shall:
(A) Receive from any source, oral or written, information regarding a child who
may meet the definition of a Dependent Child as defined in sec. of this Code.
The identity of the reporting party shall be kept confidential.
(B) Upon receipt of any report or information under § 110(a)(3)(A), initiate a
prompt and thorough investigation within twenty-four (24) hours which shall
include a determination of the nature, extent, and cause of any condition or
circumstances which would demonstrate just cause to bring the child(ren)
under the jurisdiction of the Children’s Court.
(C) In conducting an investigation of child abuse or neglect, the protective
service worker shall seek the assistance of, and cooperate with law
enforcement officials within twenty-four (24) hours after becoming aware
that one or more of the following conditions exist:
(i) Abuse or neglect is the suspected cause of a child’s death;
(ii) A child is the suspected victim of sexual abuse, sexual misconduct or
sexual exploitation;
(iii) Allegations of Abuse or neglect resulting in severe physical, mental or
emotional injuries to a child which require medical treatment For
purposes of this subsection, “severe injury” includes but is not limited
to physical trauma, biological dysfunction medically determined to be
caused by the act or omission of another, illness due to injury of
undetermined origin for which abuse or neglect is a reasonably likely
cause or causative factor.
(iv) Intervention is necessary to ensure the immediate protection of a
child, a member of a allegedly abused or neglected child’s household,
the protective worker, a witness or reporting party, or another person
involved in the investigation; or
(v) Any alleged perpetrator of the child’s injury is not a person
responsible for the child’s health or welfare but resides in the same
home as the child or has significant contact with the child. (vi) A child has committed an act which, if the child were an adult, would
be considered a violent felony or the child demonstrates serious
substance abuse that has not been addressed under the GTB Juvenile
Code.
(D) Emergency Removal; In removing a child from the custody of his/her
parents, legal guardian, or custodian, pursuant to § 114, Law enforcement
officials shall cooperate with social services personnel and act to protect the
child, members of the child’s household and social services personnel
whenever necessary to facilitate removal of a child into tribal custody;
(E) During and after investigation, assess the risk to any children remaining in
the residence or domicile or those with whom the alleged perpetrator(s) are
like to have contact, and all other facts or matters found to be material to, and
probative of allegations of abuse and/or neglect;
(F) Substantiate and secure evidence of abuse and/or neglect and that which
supports probable cause to believe that a child; has been abused or neglected,
the identity of the perpetrator(s) and that removal is the least restrictive
means by which the safety of the child may be secured;
(G) Offer to the child and family appropriate available services and assistance in
obtaining services;
(H) Within thirty (30) days of referral or removal of a child submit a written
report of the investigation and evaluation which shall be included in the
official case files maintained by the Anishinaabek Family Services. The
report shall include a determination as to whether the report of abuse or
neglect was substantiated or unsubstantiated and disposition of placement;
and
(I) Upon completion of investigation inform a person who initiates a report of
abuse or neglect as whether the allegations have been substantiated or not.
No other information may be imparted to a reporting party.
(J) Assist in developing individualized, reunification and concurrent
permanency plans which reasonably anticipate both the success and failure
and include contingency plans for each.
(K) Assist in determining when a reunification plan has been successful and
when it has, for whatever reason, failed. When a reunification plan has
failed, provide evaluation of the plan and make remedial recommendations
as to any elements of the plan which appear to have failed because of
systemic or procedural flaws.
(4) Cooperation of Law Enforcement Officials. Law enforcement officials shall fully
cooperate with protective services worker(s) and Anishinaabek Family Services in
conducting investigations pursuant to this section. Law enforcement shall be responsible for identifying and securing evidence and maintaining police
procedures and the chain of custody of such evidence.
(5) Substance Abuse by Pregnant Woman. If a report is received alleging abuse of
alcohol or a controlled substance by a pregnant woman, protective services workers
shall arrange for appropriate assessments and offer services. Services may include,
but are not limited to, a referral for chemical dependency assessment and treatment,
pre-natal care, and parenting classes. Protective services workers also may seek
court ordered services under § 116. Protective services workers shall seek court
ordered treatment under said § 116 if the voluntary services are refused or fail.
(6) In cases in which a child abuse or neglect report cannot be substantiated, or those in
which informal intervention seems most appropriate, the protective services worker
may meet informally with all interested parties to discuss concerns and remedies
with the intent of preventing further intervention. (b) Limitations on Authority; Duty to Inform.
(1) No Legal Authority. Before offering informal, preventative protective services to a
family, a child protection worker shall inform the family that he/she has no legal
authority to compel the family to accept such services.
(2) If Family Declines. If a family declines informal preventative protective services,
the child protection worker(s) may request authorization from the presenting officer
to initiate a Dependency petition in Children’s Court if evidence warrants such
action If evidence remains insufficient to substantiate abuse or neglect the case shall
be closed.
(3) No Limitation of Authority. Nothing in this section limits the authority of protective
services worker(s) to act in emergency situations or to obtain a medical evaluation
of the child pursuant to § 114.
(4) Communications between family members and AFS staff shall remain confidential.
Nothing in this clause is intended to mitigate any mandated reporter’s duty to report
child abuse and neglect. […] § 113 – Drug/Substance Abuse During Pregnancy
(a) Jurisdiction. The Children’s Court may assume jurisdiction; upon a showing by a
preponderance of the evidence, over a woman who is or has been abusing alcohol or
controlled substances during her pregnancy.
(b) Court Order. Upon assuming jurisdiction, the Court may enter orders requiring a pregnant
woman to cease and desist any substance abuse, submit to reasonable measures to assure
her nonuse, and to engage in community based or inpatient treatment programs and prenatal care. Such court orders may be enforced through the Court’s civil contempt powers.
(c) Privileged Information. Information made available pursuant to a Children’s Court order
regarding a woman’s drug/substance use during pregnancy may not be used in a criminal
prosecution against the woman. […] § 113 – Drug/Substance Abuse During Pregnancy […] (b) Court Order. Upon assuming jurisdiction, the Court may enter orders requiring a pregnant
woman to cease and desist any substance abuse, submit to reasonable measures to assure
her nonuse, and to engage in community based or inpatient treatment programs and prenatal care. Such court orders may be enforced through the Court’s civil contempt powers.