DMR.1.3.090 Discovery

(a) Copies of all law enforcement reports, relevant to the proceeding under this ordinance, including all officers' memoranda and witness statements, shall be made available by the Tribal Prosecutor, the Child Welfare Director, or the Assistant Child Welfare Director upon request of a party, counsel or the child's guardian ad litem prior to the initial hearing in any matter.

(b) All records relating to a child which are relevant to a proceeding under this ordinance, and which are in the possession of Indian Child Welfare Department, shall be open to inspection by a guardian ad litem or counsel upon demand without release, unless privileged, unless release is required by tribal or federal law, or unless the records contain statements given under a promise of confidentiality or contain material the non-disclosure of which is necessary to protect the interests of the child. If any records are not released to a requesting party, the reason shall be given to the party, who may ask the Children's Court to review the denial of the request, in which case the Children's Court may, in its discretion, view the records in camera in order to decide whether to order the records released. Any party not represented by counsel may have access to records upon order of the Children's Court, which may be entered ex parte. Persons entitled to inspect records may obtain copies of them at their expense upon permission of the custodian of the records or the Children's Court. The Children's Court may require counsel or parties not to disclose material contained in the records to any other person if the Children's Court reasonably believes such disclosure would be harmful to the child.

(c) Counsel and guardian ad litem shall have the right to view any videotaped oral statement of the child upon reasonable notice without release, unless privileged, unless release is required by tribal or federal law, or unless the records contain statements given under a promise of confidentiality or contain material the non-disclosure of which is necessary to protect the interests of the child. If any videotaped oral statement of the child are not released to a requesting party, the reason shall be given to the party, who may ask the Children's Court to review the denial of the request, in which case the Children's Court may, in its discretion, view the videotaped oral statement of the child in camera in order to decide whether to order the videotaped oral statement of the child released. Any party not represented by counsel may have access to videotaped oral statement of the child upon order of the Children's Court, which may be entered ex parte. Persons entitled to inspect videotaped oral statement of the child may obtain copies of them at their expense upon permission of the custodian of the videotaped oral statement or the Children's Court. The Children's Court may require counsel or parties not to disclose material contained in the videotaped oral statement to any other person if the Children's Court reasonably believes such disclosure would be harmful to the child.