
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.
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