Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

DMR.1.3.080 Parties

(a) In the absence of a specific provision in this ordinance or a court order to the contrary, all Affected Persons, as defined in Section DMR.1.2.010(a) of this ordinance, shall be parties to a Children's Court proceeding held in the interest of a child. Out-of-home placements will receive notices of all proceedings, but their appearances are not required. After termination of parental rights, no parent whose rights have been terminated shall be entitled to notice of any further proceedings regarding the child, except as the Children's Court may deem appropriate.

(b) The Children's Court may, in any proceeding under this ordinance, appoint a guardian ad litem to represent the interests of the child for purposes of the proceeding. Appointment may be made upon request of any party or upon the Children's Court own motion. The Children's Court may appoint only an attorney, lay advocate, or other adult whom the Children's Court is satisfied is familiar with this ordinance and with the procedures of the Children's Court and will sincerely and competently represent the child's best interests. The fees and costs of the guardian ad litem shall be subject to the approval of the Children's Court. The Children's Court may order an appropriate party to pay the guardian ad litem fees and costs, or to reimburse the Tribe for such fees and costs.

(c) In all proceedings before the Children's Court, the Child Welfare Director or Assistant Child Welfare Director shall represent the interests of the Tribe, which may be through a designated child welfare worker of the Tribe's Indian Child Welfare Department. The Child Welfare Director, Assistant Child Welfare Director, or their designated child welfare worker may be represented by the Tribal Prosecutor or other Tribal Attorney appointed by the Tribe to represent its interests before the Children's Court.

(d) Any party to a proceeding under this ordinance may be represented by an attorney or lay advocate at the party's expense, provided the attorney or lay advocate is admitted to practice before the Tribal Court.

(e) Upon a showing of good cause, and if the best interests of the child so indicate, the Children's Court may order, allow, or invite persons other than affected persons to intervene and participate in any or all phases of the proceeding.