Section 14.      Child welfare and probation officers.

Child welfare and probation officers shall:

a.         Look after the interests of neglected, dependent, or delinquent children of the Reservation.

b.         Make investigations and file petitions.

c.         Be present in Children's Court when cases are heard concerning children.

d.         Prepare pre-placement reports for the Children's Court with information and assistance as it may require.

e.         Supervise placements.

f.          Furnish such other related services as may be directed by the Children's Court.

Section 15.      Caption headings.

The captions for all child welfare actions shall be titled "In Re the Matter of   (child's initials), a [Dependent] [Neglected] [Delinquent] Child".

Section 16.      Child Welfare Office.

a.         Duties.

The Child Welfare Office shall have the following powers, duties, and responsibilities:

(1)            Pursuant to the instruction of the Children's Court, process all ICWA notices sent to the Tribe, assist the Court in intervening in ICWA proceedings, assist the Court in petitioning for transfer of ICWA proceedings to Children's Court where appropriate, and carry out all other duties and responsibilities regarding all ICWA matters pursuant to the instructions or order of the Children's Court.

(2)            Receive and investigate reports of suspected child abuse and neglect involving Tribal children.

(3)            Receive referral information, conduct intake inquiries, and determine whether to initiate child welfare proceedings.

(4)            Determine whether a Tribal child should be held pursuant to the emergency provisions of this Chapter, and provide crisis counseling during the intake process when such counseling appears to be necessary.

(5)            Make referrals of cases to other agencies and share information with other agencies if their assistance appears to be needed or desirable.

(6)            Make a dispositional report and recommendation to the Court in child welfare proceedings, including a plan of rehabilitation, treatment and care.

(7)            Supervise and assist Tribal children pursuant to child welfare dispositions, offer family counseling, and make an affirmative effort to obtain necessary or desired services for the Tribal child and the child's family.

(8)            Accept legal custody of Tribal children when ordered by the Children's Court.

(9)            Initiate petitions for the termination of parental rights or investigate and report to the Children's Court on petitions to terminate parental rights brought by others.

(10)            If specifically authorized by Tribal Council resolution, retain counsel to assist in carrying out these duties and to represent the Tribe in special matters relating to this Chapter.

(11)            Perform any other functions ordered by the Court in matters related to this Chapter.

(12)            Develop case plans and conduct case plan reviews pursuant to dispositional orders.

(13)            Negotiate agreements for services, record sharing, referral, and funding for child welfare services pursuant to dispositional orders.

(14)            Provide measures and procedures for preserving the confidential nature of child welfare services records within the Child Welfare Office.

(15)            To mail and file such reports as may be required by this code and by agreements with other governmental agencies in furtherance of child and family services.

b.         Use of other Tribal resources.

(1)            In carrying out its powers, duties, and responsibilities under this Chapter, the Child Welfare Office may use, and is encouraged to make liberal use of, the psychiatric, psychological, therapeutic, counseling, and other social services available to the Tribe, both from within and without the Tribe.  The Child Welfare Office shall be required to identify and use qualified tribal or other resources, if available and appropriate.

(2)            The Children's Court may order the provision of psychiatric, psychological,  or therapeutic counseling, or other social services by an appropriate department or employee of the Tribe or other qualified agency in any proceeding under this Chapter.

c.         Case plans.

(1)            For all matters in which a dispositional order other than a dismissal is entered, the Child Welfare office shall develop a written plan of service in consultation with the child, if over 12 years of age, the parent(s), guardian, or custodian, and such other child and family service providers as may be appropriate to the case.  Each case plan shall be designated to achieve placement in a setting which most closely approximates a family and in which any special needs may be met, and shall include the following features:

(i)            A description of the type of home or child care institution in which the child is to be placed;

(ii)            A discussion of the appropriateness  of the placement for the particular child;

(iii)            A plan for assuring that:

(a)            the child receives proper care while in placement;

(b)            services are provided to the parent(s), child, and foster parents to facilitate the return of the child to her/his home or permanent placement, and

(c)            the need for services of the child in foster placement are met and that the services are appropriate.

(2)            At no less than six month intervals, the Child Welfare Office shall review each case and plan, and develop written findings which address:

(i)            Continuing need for service and/or placement.

(ii)            Appropriateness of services and/or placement to date.

(iii)            Compliance with the service plan.

(iv)            Progress made toward alleviating or mitigating the circumstances giving rise to the dispositional order.

(v)            Projection of a likely date by which the child may be returned home, placed in legal guardianship, or placed for adoption.