Chapter 6.15
OFFICERS, GUARDIAN AD LITEM AND CHILD PROTECTION TEAM
Sections:
6.15.010 Judicial officer – Powers.
6.15.020 Judicial officer – Appeals.
6.15.030 Presenting officer – Appointment.
6.15.040 Presenting officer – Qualifications.
6.15.050 Social service workers.
6.15.070 Guardian ad litem – Appointment.
6.15.080 Guardian ad litem – Powers and duties.
6.15.090 List of guardians ad litem.
6.15.100 Purpose of child protection team.
6.15.010 Judicial officer – Powers.
The judicial officer is authorized to:
A. Issue warrants in accordance with CTC 6.20.050;
B. Conduct hearings and make determinations concerning continuances in accordance with CTC 6.05.080. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.2.010.]
6.15.020 Judicial officer – Appeals.
A. Any final decision of the judicial officer is immediately subject to de novo review by the Youth Court judge either at the next proceeding concerning the youth, or at an independent hearing held for the sole purpose of reviewing the judicial officer’s decision.
B. For a party to be entitled to review of the judicial officer’s decision, s/he must:
1. At the next scheduled hearing concerning the youth, request the judge to review the judicial officer’s decision;
2. If a later proceeding has not been scheduled by the end of the proceeding at which the judicial officer gave his/her decision, file a written objection with the Court Clerk within five days of the day on which the judicial officer gave his/her decision. The Youth Court judge shall then review the judicial officer’s decision at a hearing held within 14 days of the Court’s receipt of the written objection unless all parties otherwise agree.
C. A party waives his/her rights to judicial review of the judicial officer’s decision if s/he does not request such review within the time limits of subsection B of this section unless good cause for the late request is shown.
D. At least five days prior to the hearing scheduled pursuant to subsection (B)(2) of this section, the Court Clerk shall notify the parties in writing of the date, time, and place of the hearing. [Res. 2011-020; Res. 2006-6. Prior code § 12.2.2.020.]
6.15.030 Presenting officer – Appointment.
The Business Committee shall appoint one or more presenting officers to carry out the duties and responsibilities set forth in this title. [Res. 2016-17; Res. 2011-020; Res. 2006-6. Prior code § 12.2.3.010.]
6.15.040 Presenting officer – Qualifications.
The qualifications for each presenting officer are the same as the qualifications for the adult Tribal Court prosecutor. [Res. 2016-17; Res. 2011-020; Res. 2006-6. Prior code § 12.2.3.020.]
6.15.050 Social service workers.
Staff members of Chehalis social services programs may serve as presenting officers if they are so specifically designated by name and resolution of the Business Committee. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.3.030.]
6.15.060 Representative.
The presenting officer represents the people of the Chehalis Tribe in all proceedings under this title. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.3.040.]
6.15.070 Guardian ad litem – Appointment.
The Youth Court judge, in any proceeding authorized by this title, shall immediately appoint for purposes of that proceeding and for further proceedings concerning the same youth, a guardian ad litem for the youth if:
A. The Court finds that the youth does not have a parent, guardian, or other custodian able, willing, and available to exercise effective guardianship and represent adequately the best interests of the youth; or
B. It is a proceeding involving the termination of a parent-child relationship; or
C. It is a proceeding involving a parent who is under the age of 18 years and whose parent-child relationship might foreseeably be terminated as a possible remedy. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.4.010.]
6.15.080 Guardian ad litem – Powers and duties.
The guardian ad litem shall:
A. Be given access, upon request, to all written reports relevant to the case and made to or by any agency, program, or person pursuant to this title; and to any relevant reports of physical or mental examinations of the youth, or his or her parent, guardian, or other custodian made pursuant to this title;
B. Be charged in general with the representation and advocacy of the youth’s best interests; and, to that end, shall: make such further investigation as s/he deems necessary to ascertain the facts; interview witnesses; examine and cross-examine witnesses; offer, introduce and examine evidence; make recommendations to the Court concerning the youth’s welfare; and participate further in the proceedings to the degree necessary to adequately and fully represent the youth. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.4.020.]
6.15.090 List of guardians ad litem.
The Youth Court, in cooperation with the Chehalis social services staff, shall develop and maintain a list of persons willing, able and qualified to serve as guardians ad litem. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.4.030.]
6.15.100 Purpose of child protection team.
A. The Chehalis Tribe shall establish a child protection team. Establishment of the child protection team is an attempt, through the involvement and coordination of various agencies, to prevent Indian children from being abused or neglected. The child protection team is technical and advisory in nature. In no way is it intended to undermine the authority and responsibility of individual agencies. It is designed to promote cooperation, communication and consistency among agencies.
B. It is appropriate for the child protection team to debate what actions would best promote the well-being of a child and provide relevant information and advice to decision-making agencies. Confidentiality shall be maintained by all child protection team members.
C. The duties of the child protection team shall include the development and implementation of procedures for:
1. Providing Oversight.
a. Monitor child abuse and neglect activities to ensure that adequate preventive, protective and corrective services are provided;
b. Review and track all child abuse and neglect cases which have been referred;
c. Investigate cases to determine whether the best interests of the child are being met;
d. Review case plans for their adequacy;
e. Maintain confidentiality of information;
f. Send local child protection team data to area child protection teams.
2. Facilitating Provision of Services.
a. Receive child abuse and neglect referrals;
b. Assign case managers to track cases;
c. Identify available community resources, programs and services;
d. Provide recommendations to various pertinent agencies;
e. Promote cooperation, communication and consistency among agencies;
f. Provide a forum for debating what actions would best promote the well-being of Indian children;
g. Respond to inquiries from the community, area child protection teams and other individuals and groups.
3. Providing Technical Assistance.
a. Develop procedures to provide effective and efficient preventive, protective and corrective child abuse and neglect services;
b. Develop standards to determine which cases are to be investigated;
c. Provide information and technical recommendations to decision-making agencies;
d. Educate communities about child abuse and neglect problems and solutions;
e. Identify danger signs that prompt intervention and/or preventive actions;
f. Assist in the development and implementation of plans to promote the long-term well-being of children and their families;
g. Assist in the development and implementation of strategies by communities to create environments which provide opportunities for community members to lead meaningful, productive, self-fulfilling and rewarding lives. These environments should promote the dignity, self-worth, self-respect and self-sufficiency of community members. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.14.010.]