DMR.1.9.020 Child Welfare Director and the Assistant Child Welfare Director

(a) General Duties. The Child Welfare Director and/or the Assistant Child Welfare Director shall have the primary responsibility for receiving, investigating, and referring information concerning children who are subject to this ordinance or children who are the subject of child welfare proceedings in other Courts. The Child Welfare Director or the Assistant Child Welfare Director shall develop and monitor appropriate plans and goals to minimize disruption of a subject child's life, to reunify families when possible, and to encourage long-term stability in an environment that most approximates that of a family. The Child Welfare Director or the Assistant Child Welfare Director shall have the primary responsibility to represent the Tribe in administrative and court proceedings, both in Children's Court and in other Courts, and shall secure the timely assistance of the tribal attorney in cases as necessary and appropriate.

(b) Duties and Authority. The Child Welfare Director and/or the Assistant Child Welfare Director shall have the following specific authority and duties:

(1) To file petitions and represent the Tribe in all tribal proceedings concerning the child under this ordinance,

(2) To receive referrals, investigate reports, and ascertain whether a child is probably subject to this ordinance,

(3) To take a child into emergency custody to protect the child's safety or welfare,

(4) To make emergency, foster, group home, and institutional placements on behalf of the Tribe subject to the control of the Children's Court,

(5) To represent the Tribe in proceedings concerning the welfare of any child as defined in Section DMR.1.2.010(h) of this ordinance in any foreign Court or agency proceeding,

(6) To maintain all child welfare records and establish procedures to maintain the custody and confidentiality of such records,

(7) To negotiate agreements for services with local, state, or federal agencies, subject to Tribal Governing Board review and approval,

(8) To establish procedures for compliance with duties as required under this Children's Code,

(9) To share information for statistical or service purposes in conformity with agreements entered into pursuant to Section DMR.1.9.020(b)(7) above

(10) To receive and administer supervision, guardianship and custody of children under this ordinance.

(11) To make such reports as may be required to the Tribal Governing Board or its designee, provided that no such report that becomes a part of the tribal public record shall contain any identifying information concerning the child or the child's parents.

(12) To receive as the Tribe's agent, notifications under Wis. Stats. § 48.981 and to maintain the confidentiality of such records as required by law.

(13) To perform such other lawful acts as are required or permitted under this ordinance.

(14) To exercise the Tribal Governing Board's authority under 25 U.S.C. § 1915 (c) to establish in individual cases a different order of preference than that set forth in 25 U.S.C. § 1915 (a) and (b).

(15) To decide, in consultation with legal counsel, whether or not to intervene in a case, and whether or not to seek transfer of jurisdiction in a case.

(16) In any non-tribal proceeding, where transfer of jurisdiction is denied or not sought, the Child Welfare Director or the Assistant Child Welfare Director shall maintain a record of all information gathered, actions taken, and documents received.

(c) The Child Welfare Director and the Assistant Child Welfare Director shall have the authority to delegate the authority provided for in this section to such assistants as may be hired by the tribe to work under the Child Welfare Director and the Assistant Child Welfare Director's direction.

(d) The Child Welfare Director and the Assistant Child Welfare Director shall maintain records in a secure place. For purposes of monitoring and evaluation of contract compliance, no record may be extracted, copied, or summarized in a way that discloses information concerning the identity of a child or family.

(e) Immunity for Acts and Omissions. No liability shall attach to the Child Welfare Director and the Assistant Child Welfare Director for statements, acts, or omissions while in the course of activities defined under this ordinance.