Judicial Code

Chapter IX: Child Welfare

Section 9: Actions of the Children's Court

a.         General authority.

The Court shall make such orders for the commitment, custody and care of the child and take such other actions as it may deem advisable and appropriate in the interest of the child and the interests of the Tribe.  The Court may request and accept the aid of the Bureau of Indian Affairs,  and the Minnesota Department of Human Services, in addition to the Tribal Child Welfare Office and such others as it deems appropriate for a proper determination and disposition of the case, including custody or placement of the child.

b.         Orders for protection.

If it appears to the Children's Court upon an affidavit sworn to by a peace officer or any other person, and upon the examination of other witnesses if required by the judge, that there is probable cause to believe that a child is being endangered, detained without authorization, or ill-treated in any place within the jurisdiction of the Children's Court, the Children's Court may issue an order authorizing a duly authorized Tribal child welfare officer, peace officer or probation officer to search for and obtain physical custody of the child.  The officer must thereupon take the child to the Children's Court or to the place or shelter designated by the Children's Court in its order.  Interference with execution of the Children's Court's order may subject an individual to a contempt of Court citation, or arrest and detention if such authority shall exist.

c.         Custody of child pending hearing.

Pending final disposition of the case, the child shall be subject to the order of the Children's Court and may be permitted to remain in the control of parents, guardians or persons having her or his custody or the child welfare or probation office or she or he may be ordered to remain in an appropriate place provided by the Tribe, or designated by the Children's Court.

d.         Medical care and examinations.

The Children's Court may order medical examinations and care as may be required for children under its jurisdiction.

e.         Commitments.

The Children's Court shall have broad discretionary power with respect to commitments and its authority shall include, without intending any limitation hereby, the power to commit the child, subject to such conditions as it may impose:

(1)            To the care of her parents, with or without supervision of the child welfare officer or probation officer.

(2)            To a child welfare officer or probation officer.

(3)            To a responsible and reputable person of good moral character known to the Court.

(4)            To a suitable school or institution.

(5)            To a guardian appointed by the Children's Court.

f.          Judgment for support.

The Children's Court may, by order, direct the person or persons required by law to support the child to pay for the support of the child in such amount as the Children's Court may determine to be fair and reasonable, including the cost of the temporary placement of the child pending hearing under Subsection (e) above.  Such orders shall have the force and effect of judgment for money and shall be enforceable as are other judgments for money.

g.         Removal from Reservation.

 

The Children's Court may permit removal of a neglected, dependent, or delinquent child from the Reservation by the person or institution in whose physical custody the child is given on condition that such custodian will return the child on order of the Children's Court. 

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