Judical Code

a. Purpose

This Chapter shall be interpreted to effectuate the following purposes:

(1) To secure for each child coming before the Tribal Children's Court such care, guidance, and control, preferably in her or his own home, as will serve her or his welfare and the best interests of the Prairie Island Mdewakanton Dakota Community;

(2) To preserve and strengthen family ties whenever possible;

(3) To preserve and strengthen each child's Tribal, cultural, or ethnic identity whenever possible;

(4) To secure for any child removed from her or his home that care, guidance, and control as nearly equivalent as that which the child should have been given by its parents to help her or him develop into a responsible, well adjusted adult; to improve any conditions or home environment which may be contributing to a child's delinquency; and at the same time,

(5) To divert children from the State child justice system wherever possible in order to provide assistance within the Prairie Island Mdewakanton Dakota Community to children committing delinquent acts and experience other delinquencies.

(6) To protect the peace and security of the Tribal community and its individual residents from child violence or law-breaking.

b. Construction.

This Chapter shall be liberally construed to insure that each child shall receive such care, guidance, and control, preferably in the child's own home, as will protect and enhance the child's welfare and the best interest of the Tribe and its Community.

The Tribe hereby establishes the following placement preferences should a child be placed outside the child's home and such placement can secure the best care, guidance, and control for the child:

(4) An institution for children approved by the Tribe or operated by an Indian organization which has a program suitable to meet the child's needs.

(5) A non-Indian foster home located on the reservation and licensed or approved by the Tribe.

(6) A non-Indian foster home located off the reservation and licensed or approved by the Tribe.

(7) Within each placement preference category, preference shall be given to a placement on the Reservation. These placement preferences shall be applied by the Court in all proceedings pursuant to this Code and no deviation therefrom shall be made without a finding of good cause therefor.

The provisions of this Section constitute the establishment of a Tribal order of preference as acknowledged by the ICWA.

The full panel of judges from the Prairie Island Mdewakanton Dakota jurisdiction shall be authorized to formally accept the transfer of jurisdiction from any state court. Said panel shall not be authorized to reject transfer without prior consultation with the Tribal Council.

The full panel of judges from the Prairie Island Mdewakanton Dakota jurisdiction shall be authorized to intervene on behalf of the Tribe in all matters addressed by the ICWA involving a Tribal child, whether or not enrolled. It is the intent of this subsection that the Tribe shall intervene in such matters unless such intervention would be impracticable under the circumstances of the case.