Title DMR Domestic Relations

Chapter DMR.1 Children's Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to promote the traditional value that children are the most important asset of the Tribe, which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, § 1 (q), (s), (t), and (u) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to: "establish a tribal court for the purpose of enforcing tribal ordinance..." Article V, § 1 (q); "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers" Article V, § 1 (s); "provide for the regulation of child custody and domestic relations matters by ordinances or resolution" Article V, § 1 (t); "provide for the appointment of guardians for minors, aged persons, and mental incompetents by ordinance or resolution" Article V, § 1 (u). It is the purpose of this ordinance to protect the health, safety, and welfare of all children within the jurisdiction of the Lac Courte Oreilles Tribe. In the children lie the Tribe's future, and in their retention of Ojibwe traditions and culture lies the preservation of the Tribe's past. It is the policy of the Tribe to strengthen family structures, to prevent family breakups, and to foster conditions favorable to the growth, spirit, culture, and individuality of each child. A child without knowledge of the past is directionless in the path forward; a child without a nurturing present is denied the strengths that lead to the future. It is the Tribe's policy to favor preventive action over belated reaction, meditation over confrontation, counseling over lecturing, conciliation over punishment, - but in all decisions made under this ordinance the welfare of the child shall be the ultimate touchstone.

Subchapter DMR.1.1 Introduction

DMR.1.1.010 Title

This ordinance shall be known as the Children's Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter "Tribe").

DMR.1.1.020 Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, § 1 (q), (s), (t), and (u) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to: "establish a tribal court for the purpose of enforcing tribal ordinance..." Article V, § 1 (q); "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers" Article V, § 1 (s); "provide for the regulation of child custody and domestic relations matters by ordinances or resolution" Article V, § 1 (t); "provide for the appointment of guardians for minors, aged persons, and mental incompetents by ordinance or resolution" Article V, § 1 (u).

DMR.1.1.030 Policy

It is the policy of the Tribe to strengthen family structures, to prevent family breakups, and to foster conditions favorable to the growth, spirit, culture, and individuality of each child. A child without knowledge of the past is directionless in the path forward; a child without a nurturing present is denied the strengths that lead to the future. It is the Tribe's policy to favor preventive action over belated reaction, meditation over confrontation, counseling over lecturing, conciliation over punishment, - but in all decisions made under this code the welfare of the child shall be the ultimate touchstone.

DMR.1.1.040 Purpose

It is the purpose of this ordinance to protect the health, safety, and welfare of all children within the jurisdiction of the Lac Courte Oreilles Tribe. In the children lie the Tribe's future, and in their retention of Ojibwe traditions and culture lies the preservation of the Tribe's past. This ordinance establishes that:

(a) The young people of the Tribe are properly the concern and responsibility of the Tribe and their welfare is of paramount importance to the Tribe.

(b) It is important that the young people of the Tribe receive, preferably in their own homes, the care and guidance needed to prepare them to take their places as adult members of the Tribe.

(c) The Tribe needs a recognized Children's Court to insure that off-reservation Courts will be willing to return young people of the Tribe to the Reservation for care and guidance in accordance with the Indian Child Welfare Act, 25 U.S.C. § 1901, et. seq.

(d) The Children's Court shall protect the child's interest by choosing a course of action which least restricts the child's freedom and is consistent with the safety and interests of the Tribe and its children.

(e) It is the intent of the Tribe to provide its children with and assure the availability of preventive services, thorough and accountable case planning, recognition of special needs, and services designed to preserve and reunify families.

DMR.1.1.050 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

DMR.1.1.060 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements to strengthen family structures, to prevent family breakups, and to foster conditions favorable to the growth, spirit, culture, and individuality of each child subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

(d) Shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this ordinance, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Children's Court may use tribal law, federal law or law of the State of Wisconsin for guidance;

(e) Along with the provisions of Title II of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL) except when inconsistent with any provision of this ordinance, shall apply to any proceeding initiated hereunder;

(f) Does not waive the sovereign immunity of the Tribe in any respect.

DMR.1.1.070 Severability and Non-Liability

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

DMR.1.1.080 Repeal of Inconsistent Tribal Ordinances

All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater restrictions than those contained in any other tribal law, code, ordinance or regulation, the provisions of this ordinance shall govern.

Subchapter DMR.1.2 Definitions

DMR.1.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Affected Persons" means the child who is the subject of a petition under this ordinance, the Tribe by the Child Welfare Director or the Assistant Child Welfare Director, and the child's parents, guardians, and custodians.

(b) "Adoptee" means the individual, child or adult who is adopted or is to be adopted.

(c) "Adoptive Parent" means the person establishing or seeking to establish a permanent parent-child relationship with a child who is not their biological child.

(d) "Assistant Child Welfare Director" means the Tribe's Assistant Director of Indian Child Welfare. When the Child Welfare Director and Assistant Child Welfare Director are unavailable, a designee shall be named in their absence and shall have all requisite authority of the Child Welfare Director and/or the Assistant Child Welfare Director.

(e) "Best Interests of a Child" means:

(1) The ability of the Tribe and reservation community to provide for the care of the Child;

(2) The wishes of the Tribe, parents, party or parties;

(3) The preference of the Child if the Child is of sufficient age to express a preference;

(4) The intimacy of the relationship between the parties and the Child; the Child's adjustment to the home, school and the Tribal community;

(5) The length of time the Child has lived in a stable, satisfactory environment and desirability of maintaining continuity;

(6) The permanence as a family unit, of the existing or proposed adoptive home;

(7) The mental and physical health of all individuals involved;

(8) The capacity and disposition of the parties to give the child love, affection, guidance and to continue educating the Child in the Child's tribal culture and heritage.

(f) "Best Interests of the Tribe" means a variety of factors including but not limited to the ability of the Tribe and its members to provide for the Child; the ability of the Tribe and its members to provide for the continuation of the Tribe's culture, language, history, religion, traditions, and values through its children if those children are taken away and not taught these things throughout their lives. The ability of the Tribe to continue as a viable cultural entity will be hindered by the loss of its children. Every child is a gift from the creator and is viewed by the Tribe as crucial to the future of the Tribe as a whole.

(g) "Birth Parent" means the biological parents listed on the child's birth certificate,, enrollment application or acknowledged as the birth parent by law.

(h) "Child" or "Minor" means a person who is a member of the Tribe, or is eligible for membership in the Tribe, whether or not resident or domiciled on the Reservation and whether or not the subject of a child welfare proceeding in any Court; or who is the child of a member of the Tribe; or who is an Indian child and resides within the boundaries of the Reservation; and who is

(1) Under eighteen (18) years of age, or

(2) Eighteen (18) years of age or older and concerning whom proceedings were commenced in the Children's Court, or in another Court from which such proceedings are transferred to the Children's Court, prior to his or her 18th birthday.

(3) "Code" or "Ordinance" means this Children's Code.

(i) "Customary Adoption" means a traditional tribal practice recognized by the community and Tribe which gives a child a permanent parent-child relationship with someone other than the child's birth parent(s).

(j) "Child Welfare Director" means the Tribe's Director of Indian Child Welfare. When the Child Welfare Director is unavailable, the Assistant Child Welfare Director shall have all requisite authority of the Child Welfare Director in his or her absence.

(k) "Child Welfare Proceeding" has the meaning given to "child custody proceeding" in 25 U.S.C. § 1903 (1), and in addition, shall mean any child protective proceeding regarding any child under twelve (12) years of age who commits an act which, but for the child's age, would be considered a criminal or delinquent act.

(l) "Children's Court" means the Children's Court Division of the Lac Courte Oreilles Tribal Court exercising jurisdiction pursuant to this ordinance.

(m) "Custodian" means a person having care and custody of a child under any arrangement with the child's parent or guardian or pursuant to order of the Children's Court.

(n) "Days" means a twenty-four-hour time period. In computing any period of time prescribed or allowed by this Tribal Code of Law, or any other ordinance or statute, or by order of the court, the day of the act, event, or default from which the designated time period begins to run shall not be included. The last day of the period shall be included unless it is a day that the clerk of court's office is closed, in which case the period shall extend until the day that the clerk of court's office is open next. When the period of time prescribed or allowed is ten days or less, Saturdays and Sundays are excluded in the computation.

(o) "Extended Family" means all persons who are a child's relative pursuant to tribal customary law including but not limited to indaanikobijigan (blood lines such as brother, sister, grandparent, great-grandparent, aunt, great-aunt, uncle, great-uncle, first or second cousin, niece, nephew), wiidigendinaaniwan (marriage ties such as stepparent, stepbrother, stepsister, brother-in-law, sister-in-law), niiyawenh'enh (namesake), nindoodem (clan member), and bami'aagan (customary adoption relative).

(p) "Final Decree of Customary Adoption" means a final order of the Children's Court which established the permanent legal relationship between the child and the adoptive parent(s) and establishes any contact which may be allowed with the biological parent.

(q) "Final Order Suspending Parental Rights" means a final order of the Children's Court which suspends the rights of a biological parent to provide for the care, custody and control of their child. A Final Order Suspending Parental Rights may establish the parameters of contact between the birth parent and the child if that contact is in the child's best interest.

(r) "Guardian" means a person appointed by any Court to be guardian of a child's person.

(s) "Guardian Ad Litem" means a person appointed by the Children's Court to appear in child welfare proceedings on behalf of a child.

(t) "Law Enforcement Officer" means any tribal, federal, state or county social worker or peace officer of any jurisdiction within the boundaries of the United States and Canada.

(u) "Person with an Interest in a Child" means the child if fourteen (14) years of age or over, the child's parents, guardian, custodian, a member of the child's Extended Family, a law enforcement or conservation officer when jurisdiction under Section DMR.1.5.010(h) of this ordinance is alleged, the Child Welfare Director, and the Assistant Child Welfare Director.

(v) "Prenatal Exposed Newborn" means a child who has been exposed to addictive illicit drugs or prescription drugs or alcohol while in the womb and exhibits symptoms consistent with Neonatal Abstinence Syndrome after birth, or the child or the mother tests positive for addictive illicit drugs or addictive prescription drugs during the pregnancy or shortly after the child's birth. Addictive illicit and prescription drugs include, but are not limited to the following: amphetamine, including methamphetamine, barbiturates, benzodiazepines, cocaine, and its metabolites, marijuana, opiates, narcotics and opioids, such as fentanyl, oxymorphone, codeine, dihydrocodeine, ethylmorphine, hydromorphone, hydrocodone, morphine, methadone,and buprenorphine. The definition of "Prenatal Exposed Newborn" does not include children whose sole exposure to addictive prescription substances comes through medication provided to the mother during labor and childbirth.

(w) "Reservation" means those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(x) "Secure Custody" means a locked facility approved by the Child Welfare Director or Assistant Child Welfare Director for the secure, temporary holding of children in custody.

(y) "Substantial Parental Relationship" means the acceptance and exercise of significant responsibilities for the daily supervision, education, protection, and care of a child, as evidenced by factors including but not limited to whether the parent has ever expressed concern for or interest in the support, care, or well-being of the child or custodial parent, and whether the parent has neglected or refused to provide support.

(z) "Suspension of Parental Rights" means the suspension of the rights, powers, privileges, immunities, duties, and obligations existing between parent and child, as agreed by the biological parent; however tribal membership, rights, privileges, entitlements, or obligations shall not be affected by such suspension for the child(ren).

(aa) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter DMR.1.3 Children's Court

DMR.1.3.010 Children's Court Division

There is hereby established a Children's Court Division of the Lac Courte Oreilles Tribal Court exercising jurisdiction pursuant to this ordinance as follows:

(a) The chief judge and any associate judges of the Lac Courte Oreilles Tribal Court shall serve as judges of the Children's Court. Any magistrate of the Tribal Court shall serve as magistrate of the Children's Court with such powers as are provided in Chapter TCT.2 and in this ordinance.

(b) All child welfare proceedings of the Children's Court shall be designated as "In the interest of . . . , a minor."

(c) All petitions under this ordinance shall be filed with the Children's Court. Petitions shall include the child's name, date of birth, parents' names, parents' last known addresses, and names and addresses of all other affected persons, if known.

(d) In the event that a child welfare proceeding is transferred to the Children's Court from any other Court, the Children's Court shall require conformity with the substantive and procedural law of the Tribe, and shall permit amendment of pleadings and other actions necessary to effect jurisdiction over the child and for conformity with this ordinance.

(e) All hearings in the Children's Court shall be without a jury and all hearings shall be closed to the public. All proceedings shall be recorded electronically or verbatim by a licensed court reporter. The Children's Court Division may conduct hearings by telephone and may allow any party or witness to appear by telephone under such procedures as will best protect the rights of all parties.

(f) The Children's Court may receive hearsay evidence when the declarant is a child, provided that the evidence bears sufficient indication of reliability.

(g) Except as provided in Section DMR.1.5.060(g) of this ordinance, all records of the Children's Court shall be confidential and only affected persons shall have access.

DMR.1.3.020 Full Faith and Credit

(a) The Children's Court, Child Welfare Director, Assistant Child Welfare Director and other officials of the tribal government shall grant the public acts, records and judicial proceedings of other entities, applicable to child welfare proceedings, full faith and credit to the same extent such entities give full faith and credit to the public acts, records and judicial proceedings of the Tribe.

(b) Without limitation to Section DMR.1.3.020(a) above, the Children's Court may, upon petition, accept a case originally brought in another Court. Cases not accepted by the Children's Court within sixty (60) days of the entry of the order transferring the case shall be deemed a declination of the case. The Children's Court may, on its own motion or the motion of any party, decline or waive jurisdiction over a child at any time

(c) Upon entry of the order transferring the case, dispositional orders in effect when the case was transferred to the Children's Court shall have the same effect as if they had been issued by the Children's Court, regardless of whether the Children's Court would otherwise have had the power to make the order. Regardless of the law of other jurisdictions, the Children's Court may modify, extend, suspend or terminate any order issued in a transferred judicial proceeding pursuant to the provisions of this Code.

(d) Nothing herein shall be construed to limit the exclusive jurisdiction of the Tribe to make determinations of its own membership, and to make, through its duly designated procedures, all findings of fact necessary to such determinations.

DMR.1.3.030 Jurisdiction over Parents and Their Children in Need of Care

(a) The Children's Court shall have jurisdiction over a minor upon a petition filed by the Child Welfare Director or Assistant Child Welfare Director alleging that the minor is a minor in need of care because of the existence of any of the conditions enumerated in Section DMR.1.4.010 and Section DMR.1.5.010 of this ordinance.

(b) The Children's Court shall have jurisdiction over the parents of any minor over whom the Children's Court has acquired jurisdiction under Section DMR.1.3.030(a), above.

(c) When the Children's Court exercises jurisdiction over any child who is not a member of the Tribe but who may be a member of another tribe, the Court shall verify that notice was given to such other tribe, and an opportunity to participate as a witness, to intervene as a party, or to file a motion seeking transfer of proceedings to the other tribe's Court shall be permitted. If a Child's Tribe objects to the jurisdiction of the Children's Court prior to the entry of a final judgment in the case, the Court shall waive jurisdiction over the ineligible child, except as provided in Section DMR.1.3.140 of this ordinance.

DMR.1.3.040 Additional Jurisdiction

In addition to jurisdiction granted by other sections of this ordinance, the Children's Court shall have jurisdiction to:

(a) Order a law enforcement officer, the Child Welfare Director, or the Assistant Child Welfare Director to take a child into custody pursuant to Section DMR.1.1.040 of this ordinance and conduct other emergency custody proceedings as provided for in Subchapter DMR.1.4 of this ordinance.

(b) Terminate the parental rights of a parent of a child pursuant to Subchapter DMR.1.6 of this ordinance.

(d) Enter an order of adoption resetting the parental relations of a child pursuant to Subchapter DMR.1.8 of this ordinance.

(e) Suspend the parental rights of a parent pursuant to Subchapter DMR.1.6 of this ordinance.

(f) Enter an order of Customary Adoption resetting the parental relations of a child pursuant to Subchapter DMR.1.8 of this ordinance.

(g) Conduct any other proceeding not contrary to express tribal law necessary to exercise delegated and inherent authority held by the Tribe to protect a Child.

DMR.1.3.050 Jurisdiction over Contributing Adults

In addition to jurisdiction granted by other sections of this ordinance, the Children's Court shall have jurisdiction over persons eighteen (18) years or older alleged to have contributed to, encouraged, or tended to cause, by act or omission, a condition of a child as described in Section DMR.1.5.010 of this ordinance as follows:

(a) The Children's Court may make orders with respect to any person eighteen (18) years or older who has contributed to, encouraged, or tended to cause, by any act or omission, a child to be a child in need of care, whether or not the child is actually adjudicated a child in need of care, if the natural and probable consequences of the act or failure to act would be to cause the child to be a child in need of care.

(b) No order with respect to any person eighteen (18) years or older may be entered until the person is given an opportunity to be heard upon the allegations against him or her. Such person shall be served no less than ten (10) days prior to a hearing under this subsection with written notice of the time, place, and purpose of the hearing. Any such person who fails to comply with any order issued by the Children's Court under this subsection may be proceeded against for contempt of court.

DMR.1.3.060 Continuing Jurisdiction

The Children's Court shall have continuing jurisdiction, subject to Section DMR.1.4.040 and Section DMR.1.5.060(h) of this ordinance, over a child who is determined to be subject to this ordinance and shall have the power to modify, extend, or dismiss previous orders, expunge the child's records, or consider petitions based on new evidence concerning the child.

DMR.1.3.070 Precedence over Family Court Orders

Whenever an order rendered under this ordinance conflicts with a custody, physical placement, or other family Court order rendered by any Court, the order under this ordinance shall take precedence. Nothing in this ordinance shall be construed to limit the power of the Tribal Court to have jurisdiction over a child under other sections of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law or other 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.

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.

DMR.1.3.100 Psychological and Other Examinations

The Children's Court may in any proceeding under this ordinance, order any child and the child's parents, guardians, or custodians, to submit to a psychological, mental, or developmental examination, or to a drug and alcohol abuse evaluation, if the Court reasonably believes that any condition that may be illuminated by such an examination would assist in the adjudication or disposition of the case. The costs to any affected person of any such exam, if approved by the Children's Court, shall be paid by the Tribe, if the costs are not covered by a third-party payer.

DMR.1.3.110 Parental Contributions

(a) Whenever the Children's Court orders an out-of-home placement it shall make a determination, or refer to an appropriate tribal or state agency for a determination, of any parent's or guardian's ability to contribute to the support of the child while in such placement, and shall order an appropriate reimbursement by the parent or guardian to the agency financially supporting the out-of-home placement.

(b) Upon motion of the Child Welfare Director or Assistant Child Welfare Director, any parent or guardian may be ordered to contribute to the costs of services rendered to any child or any child's parent under authority of this ordinance or any Court order entered under this ordinance.

DMR.1.3.120 Informal Disposition

(a) Upon referral of any child who is or may be a child in need of care under Section DMR.1.5.010 of this ordinance, the Child Welfare Director or Assistant Child Welfare Director may investigate the circumstances, counsel the child, discuss the situation with the parents or guardians, arrange for services to be voluntarily accepted by the child or parents, or institute any other informal, voluntary arrangements designed to further the best interest of the child. At any time that the Child Welfare Director or Assistant Child Welfare Director deems it appropriate, proceedings may be instituted under any other subchapter of this ordinance.

(b) The Child Welfare Director or Assistant Child Welfare Director and affected parties, including the child if twelve (12) years of age or older, may upon mutual consent petition the Children's Court to institute peacemaking proceedings in any case where a child could be subject to a petition under any other subchapter of this ordinance. Peacemaking shall occur pursuant to the direction of the Children's Court under rules and procedures established, formally or informally, by the peacemaker or peacemakers appointed by the Tribal Court, provided that at any time that the Child Welfare Director or Assistant Child Welfare Director deems it appropriate, proceedings may be instituted under any other subchapter of this ordinance.

DMR.1.3.130 Accelerated Proceedings

Notwithstanding any other provision of this ordinance, the Children's Court may, upon proper notice or waiver of notice, accelerate and combine any of the hearings provided for in pursuant to Subchapter DMR.1.4 [Emergency Custody Proceedings] or Subchapter DMR.1.5 [Minor in Need of Care Proceedings] of this ordinance. The Children's Court may require the accelerated preparation of any court reports required by either subchapter or may waive the reports, except that any report required as a prerequisite to an out-of-home placement may not be waived.

DMR.1.3.140 Ineligible Children

(a) Any child that does not fall within the definition of a "Child" pursuant to Section DMR.1.2.010(h) of this ordinance, or whose tribe has objected to jurisdiction of the Children's Court prior to the entry of a final judgment in the case under Section DMR.1.3.030 of this ordinance, shall be subject to this ordinance only if the child is present on the Reservation and only for the following purposes:

(1) Taking into custody for the purpose of protecting the ineligible child from imminent physical or emotional harm;

(2) Making emergency placement necessary to protect the child;

(3) Referral or placement to an appropriate tribal, state, or other child welfare agency.

(b) A report of the conditions requiring action under Section DMR.1.3.140(a) above, shall be filed immediately with the Sawyer County Department of Social Services.

DMR.1.3.150 Right of Access to Records

Any party deemed appropriate by the Children's Court, and the child who has reached the age of eighteen (18) years and has been the subject of the termination of parental rights proceeding, the separation of parental rights proceedings, adoption proceeding or a customary adoption proceeding, has the right, to review all of the Court's files on these matters subject to the redaction of names or the rights of confidentially as required by Tribal or federal law.

Subchapter DMR.1.4 Emergency Custody Proceeding

DMR.1.4.010 Taking a Child into Emergency Custody

(a) Any law enforcement officer, the Child Welfare Director, Assistant Child Welfare Director, or a designated child welfare worker may take a child into emergency custody without a Children's Court order, under circumstances in which the officer, Director, or Assistant Director reasonably believes:

(1) Failure to remove the Child may result in a substantial risk of death, serious injury, or serious emotional harm;

(2) The child, or another child living or staying in the same household, is the victim of or in immediate danger of physical, sexual, or emotional harm by other than accidental means.

(3) The child, or another child living or staying in the same household, is deprived of necessary custodial, medical, or other care for reasons other than poverty.

(4) The child is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from these surroundings is necessary.

(5) The child will cause injury or harm to self or another, or to the property of another, or will be or has been subject to injury or harm by another, or another child living or staying in the same household will be or has been subject to injury or harm by another.

(6) The child is without a parent or guardian.

(7) The child is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized, or institutionalized.

(8) The child has been abandoned by identified or unidentified parents, without provision for necessary custodial, medical, and other care.

(9) The child's parent, guardian, or custodian, is unavailable, unwilling, or unable to provide necessary supervision or care such that the child's safety or well-being, or the safety or well-being of another child living or staying in the same household is at imminent risk.

(10) The parent, guardian, or custodian is absent and it appears from the circumstances, that the Child is unable to provide for his/her own basic necessities of life, and no satisfactory arrangements have been made by the parent, guardian, or custodian to provide for such necessities and no alternative arrangements, except removal are available to protect the Child.

(11) The child's parent, court-appointed guardian, or custodian signs a statement alleging that he or she is unable to provide necessary custodial care or make appropriate provision for the child's special custodial, medical or other specified needs after consultation with the Child Welfare Director or the Assistant Child Welfare Director.

(12) The child has habitually run away from his or her parents, guardians, or custodians.

(13) The child is habitually truant from home.

(14) The child will run away or be taken away so as to be unavailable for further Children's Court proceedings.

(15) The child is under twelve (12) years of age and has violated tribal, state, or federal law.

(16) The child has engaged in conduct prohibited to minors, or which would be criminal if done by an adult, and whose parent or guardian fails, or has failed, or is unable to correct or regulate such conduct.

(17) The child is suffering from alcohol or other drug abuse, for which the parent is unwilling or unable to provide appropriate treatment.

(18) The child is sixty (60) days old or younger and has been treated for, or diagnosed with, Neonatal Abstinence Syndrome by a doctor who is competent to treat or diagnose that condition, or samples of blood, urine or meconium of the child or the mother obtained during pregnancy or shortly after birth indicate the presence of addictive illicit drugs or non-prescribed addictive prescription drugs after analysis using current standards for drug screens.

(19) Emergency custody of the child would be permitted under the law of the state where the child is physically found at the time of the institution of emergency custody procedures.

(b) A person who takes a child into emergency custody without a Children's Court order, under the circumstances described in Section DMR.1.4.010(a) of this ordinance, shall make reasonable efforts to provide immediate notice to the Children's Court which may be accomplished through submission of an emergency custody form, and/or provide immediate notice to the Child's Tribe if different from the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Upon notification, the Children's Court shall schedule a hearing pursuant to Section DMR.1.4.040 of this ordinance, and the Child Welfare Director or Assistant Child Welfare Director shall file a petition with the Children's Court pursuant to Subchapter 1.5 of this ordinance before or at the hearing scheduled pursuant to Section DMR.1.4.040 of this ordinance.

(c) Any person taking a child into emergency custody under this section shall immediately attempt to notify the parent, guardian or custodian by the most practical means which may be accomplished through delivery of an emergency custody form, and shall continue to reasonably make such attempts until notification is made. Any law enforcement officer acting under this section shall also immediately attempt to notify the Child Welfare Director or Assistant Child Welfare Director. If the child is physically transferred to the Child Welfare Director or Assistant Child Welfare Director, the Director or the Assistant Director shall thereafter continue notification attempts until notification is made. The person notifying the parent, guardian, or custodian, need not inform such person of the location of the child if the notifying person reasonably believes that providing such information will imminently endanger the child.

(d) If the person taking a child into emergency custody, or the Child Welfare Director or Assistant Child Welfare Director, believes the child to be in need of prompt medical diagnosis or treatment that person or a designee shall deliver the child to a hospital or physician, for that purpose, and may consent to the medical care of the child.

(e) The agency taking a child into emergency custody shall thereafter have the authority to make all decisions regarding the care and well-being of the child until the child is released from custody under Section DMR.1.4.020 of this ordinance, or by order of the court, unless custody is transferred to the Child Welfare Director or Assistant Child Welfare Director, in which case such authority shall transfer therewith. The agency taking a child into custody or the Child Welfare Director or Assistant Child Welfare Director retains custody during any placement made under Section DMR.1.4.030 Section DMR.1.4.030(b) or Section DMR.1.4.030(c) of this ordinance.

DMR.1.4.020 Release from Emergency Custody

(a) Any child taken into emergency custody shall be released as soon as it is possible to do so, while protecting the child from the conditions causing the taking into emergency custody. If the grounds for emergency custody are corrected, the child may be returned to the parent, guardian, or custodian by the person originally authorizing removal or by the Child Welfare Director or Assistant Child Welfare Director.

(b) The person taking a child into custody, or the Child Welfare Director or Assistant Child Welfare Director, shall attempt to immediately release the child to his or her parent, guardian, or custodian, unless such release is inconsistent with the child's best interests, or, if the parent, guardian, or custodian is unwilling or unable to receive such child, to a responsible adult, with suitable counsel, advice, or warning, in which case the name and address of the person to whom the child has been released shall be immediately given to the parent, guardian, or custodian, unless there is reason to believe the release of such information will imminently endanger the child or the person to whom the child has been released. If the procedure given in Section DMR.1.4.030, Section DMR.1.4.040 and Section DMR.1.5.030(a) of this ordinance are not followed, the child's parent, guardian or custodian shall have a right upon court order to exercise custody and supervision over the child.

DMR.1.4.030 Holding a Child in Emergency Custody

(a) A child may be held in emergency custody if the Child Welfare Director or Assistant Child Welfare Director has probable cause to believe that any of the conditions enumerated in Section DMR.1.4.010(a) of this ordinance exists.

(b) No child shall be held in secure custody, as defined in Section DMR.1.2.010(x) of this ordinance, unless the child consents to secure custody in order to protect him or her from an imminent physical threat from another, or such secure custody is ordered by the Children's Court.

(1) The home of a parent or guardian.

(2) The home of a relative.

(3) The home of a custodian.

(4) The home of another responsible adult.

(5) A licensed foster home provided the placement does not violate the terms of the license.

(6) A licensed group home provided the placement does not violate the terms of the license.

(7) A nonsecure facility operated by a child welfare agency.

(8) A hospital or physician's office.

(9) A drug or alcohol treatment facility.

(d) The Child Welfare Director or Assistant Child Welfare Director shall immediately notify the child's parent, guardian, or custodian that the child is in custody, the reasons for the custody, and the location of the child unless there is reason to believe that such information will present imminent danger to the child.

DMR.1.4.040 Hearings for Child in Emergency Custody

(a) For any child who has been taken into custody and not released under Section DMR.1.4.020 of this ordinance, a hearing shall be held to determine whether the criteria exist under Section DMR.1.4.010 and Section DMR.1.4.030 of this ordinance to continue holding the child in custody. The hearing shall be held as soon as practicable but no more than ten (10) days after the child is taken into custody. A petition under Subchapter DMR.1.5 of this ordinance shall be filed before or at the hearing. All reasonable steps shall be taken to notify the child's parents, guardian, and custodian of the hearing. If the parent, guardian, or custodian does not receive actual notice, he or she may later request a rehearing by right if the child is still under the Court's jurisdiction or the issue is not otherwise moot.

(b) If, within the time provided by Section DMR.1.4.040(a) above, no hearing is held, or no petition is filed, the child shall be released from emergency custody, unless the Court or magistrate finds either ex parte or at a post-deadline hearing that probable cause exists to believe that the child is in imminent danger to self or another, or that the child's parent, guardian, or custodian is unwilling or unable to provide adequate supervision and care, in which case one 48 hour extension may be granted during which time the child shall remain in emergency custody pending the filing of a petition. Ex parte findings of probable cause and findings of probable cause by a magistrate shall be reconsidered, and an opportunity to present oral and written evidence and argument shall be provided, by right, if any affected person requests reconsideration or hearing. Hearings under this subsection may be conducted by telephone.

(c) The hearing required under this section need not be held if the child's parents, guardians, or legal custodians and, if the child is over twelve (12), all agree that the child may remain in custody.

(d) A copy of the petition under this section and Subchapter DMR.1.5 of this ordinance shall be given to the child's parent, guardian, or legal custodian, and to the child if twelve (12) or older, as soon as practicable, and in no case later than the commencement of the hearing.

(e) At the commencement of the hearing, the Children's Court shall advise the child, and the parents, guardians, or custodians, of the allegations made, the possible consequences of the hearing, the right to counsel at a party's own expense, the right to confront and cross-examine witnesses, and the right to present witnesses.

(f) If the Children's Court finds that one or more of the conditions enumerated in Section DMR.1.4.010(a) of this ordinance exists, it may continue custody in any of the placements enumerated in Section DMR.1.4.030(c) of this ordinance. The Children's Court may also impose reasonable restrictions on the child's travel, association with other persons, or places of abode, and may assign the child to the supervision of the Indian Child Welfare Department. Reasonable restrictions may be placed upon the conduct of the parents, guardians, custodians, or other responsible adults as necessary to secure the safety and well-being of the child. Any order entered under this section shall be reduced to writing within ten (10) days thereof.

(g) Any order under this section shall be subject to rehearing for good cause.

DMR.1.4.050 Prenatal Exposure

There shall be a presumption that a child is in need of care if the child is diagnosed with Neonatal Abstinence Syndrome by a doctor who is competent to make that diagnose, or samples of blood, urine or meconium of the child or the mother obtained during pregnancy, or shortly after birth, indicate the presence of addictive illicit drugs or non-prescribed addictive prescription drugs after analysis using current standards for drug screens. That presumption can be overcome, by clear and convincing evidence, showing that the birth mother made the following efforts to prevent harm to her unborn child during the pregnancy:

(a) Only using addictive prescription medication as prescribed by a physician and lowering doses of addictive medication during the pregnancy, as recommended by the prescribing physician.

(b) Avoiding all illegal illicit drugs, and addictive prescription drugs without a prescription, as shown through drug screens testing the mother's blood or urine throughout the pregnancy.

(d) Obtaining all necessary and recommended prenatal care, including mental health services if recommended by her health care provider(s).

Subchapter DMR.1.5 Minor in Need of Care Proceedings

DMR.1.5.010 Jurisdiction

The Children's Court shall have jurisdiction over a child upon a petition filed by the Child Welfare Director or Assistant Child Welfare Director alleging that the child is a child in need of care because of the existence of any of the following conditions:

(a) The child, or another child living or staying in the same household, is the victim of or in danger of physical, sexual, or emotional harm by other than accidental means.

(b) The child, or another child living or staying in the same household, is or may be deprived of necessary custodial, medical, or other care for reasons other than poverty.

(c) The child is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from these surroundings is necessary.

(d) The child will cause injury or harm to self or another, or to the property of another, or will be or has been subject to injury or harm by another, or another child living or staying in the same household will be or has been subject to injury or harm by another.

(e) The child is without a parent or guardian.

(f) The child is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized, or institutionalized.

(g) The child has been abandoned by identified or unidentified parents, unless provision for necessary custodial, medical, and other care has been satisfactorily arranged and maintained.

(h) The child's parent, guardian, or custodian, is unavailable, unwilling, or unable to provide necessary supervision or care such that the child's safety or well-being, or the safety or well-being of another child living or staying in the same household is at imminent risk.

(i) The parent, guardian, or custodian is absent and it appears from the circumstances, that the Child is unable to provide for his/her own basic necessities of life, and no satisfactory arrangements have been made by the parent, guardian, or custodian to provide for such necessities and no alternative arrangements, except removal are available to protect the Child.

(j) The child's parent, court-appointed guardian, or custodian signs a statement alleging that he or she is unable to provide necessary custodial care or make appropriate provision for the child's special custodial, medical or other specified needs after consultation with the Child Welfare Director or the Assistant Child Welfare Director.

(k) The child's parent has failed to maintain an appropriate parental role or has failed to maintain significant contact with the child for a period of one year.

(l) The child has habitually run away from his or her parents, guardians, or custodians.

(m) The child is habitually truant from home.

(n) The child is habitually truant from school, and the school attendance officer attests that the activities required under Chapter GNC.5 have been completed.

(o) The child will run away or be taken away so as to be unavailable for further Children's Court proceedings.

(p) The child is under twelve (12) years of age and has violated tribal, state, or federal law.

(q) The child has engaged in conduct prohibited to minors, or which would be criminal if done by an adult, and whose parent or guardian fails, or has failed, or is unable to correct or regulate such conduct.

(r) The child is suffering from alcohol or other drug abuse, for which the parent is unwilling or unable to provide appropriate treatment.

(s) The child has not received immunizations as required by law.

(t) The child is a Prenatal Exposed Newborn, but only if the Child Welfare Director or the Assistant Child Welfare Director files a petition alleging that the child is in need of care within sixty (60) days of the child's birth.

(u) The child has been placed for care or adoption in violation of law.

(v) The child would be a child in need of care, protection, or services under the law of the state where the child is physically found.

DMR.1.5.020 Petition and Notice of Hearing

(a) Any petition under this ordinance shall be filed with the Children's Court, shall be made under oath, and shall include the following information if known: child's name, date of birth, parents' names, child's parents' last known addresses, and the names and addresses of all other affected persons. Any petition filed under this ordinance shall be signed under oath by the Child Welfare Director or the Assistant Child Welfare Director.

(b) Any petition filed under this ordinance shall cite the specific subsection of Section DMR.1.5.010 of this ordinance upon which the petitioner alleges jurisdiction, and shall allege the specific facts upon which the petitioner asserts jurisdiction exists. No petition shall be sufficient if it merely reiterates the language of the subsection invoked.

(c) Upon filing of a petition, the clerk of court shall prepare a notice which shall include notice of the time, date, and place of the initial hearing, and shall instruct any affected person that his or her rights and responsibilities may be affected by the Children's Court in the course of the proceedings. Notice shall be served on all affected persons not later than twenty-four (24) hours in advance of the hearing. Upon request of the petitioner or order of a judge or magistrate, the clerk shall prepare a summons directing any parent with legal custody of a child to appear in Court and to produce the subject minor in Court.

(d) No petition filed by the Child Welfare Director or the Assistant Child Welfare Director shall be deemed insufficient on account of hearsay, provided that there is a sufficient indication in the petition of the declarant's reliability.

(e) Each petition shall be filed with the clerk of court, with copies served, together with the notice prepared by the clerk of court on all affected persons. The clerk of court serves the parties on behalf of the petitioner.

(f) Petitions shall be served personally or by first class mail. In the case of a non-marital child, the petition shall be served on any man whose paternity has been adjudicated, or who has filed a declaration of paternal interest, or who is alleged in any paternity action to be the father, except if the child was conceived as a result of sexual assault. In the event an affected person who was not personally served does not appear at the initial hearing the Children's Court may order a continuance and may order the person served personally or by certified mail, return receipt requested. The Children's Court may proceed in the absence of an affected person if it appears that actual service cannot practicably be made. If an individual claiming paternity appears, the Children's Court may make an interim disposition pending a paternity determination based upon reasonable evidence where there are no competing interests or may make any other orders fashioned to serve the best interest of the child.

DMR.1.5.030 Initial Hearing

(a) Upon filing of a petition, the Children's Court shall schedule an initial hearing. The hearing shall be scheduled to be held within 30 days of the date of the petition if the child has not been taken into custody. If the child has been taken into emergency custody pursuant to Section DMR.1.4.010 of this ordinance, the hearing shall be held as soon as practicable but no more than ten (10) days after the child was taken into custody. All affected persons appearing at the initial hearing shall be served notice of subsequent hearings, either orally in Court on the record, by first class mail or by personal service. The Children's Court may order additional persons to be served.

(b) Any affected person has the right to be heard and to be represented at a hearing by counsel at his or her own expense. The Children's Court may, on its own motion or that of any party, appoint a guardian ad litem for any minor parent, guardian, or custodian of a child subject of a petition.

(c) At the initial hearing, the child and the parent, guardian or custodian shall be informed of their rights as follows:

(1) The right to remain silent, although the silence may be considered adversely against the party remaining silent.

(2) The right to confront and cross-examine witnesses.

(3) The right to an attorney or lay representative at the party's own expense.

(4) The right to subpoena and present witnesses.

(5) The right to have the allegations of the petition proven by clear and convincing evidence.

(6) The right to demand for cause pursuant to Chapter TCT.2, or to request on any other ground, a substitution of judge, which if not made before the close of the initial hearing in the initial matter involving the subject minor, is deemed waived, and any request for substitution that Chapter TCT.2 does not require to be granted shall be decided in the discretion of the judge.

(d) The child, if age twelve (12) or older, and the non-petitioning parties shall state whether they intend to contest the allegations of the petition.

(e) The Children's Court shall set a date for a plea hearing no later than twenty (20) days from the date of the initial hearing.

(f) If no party intends to contest the allegations of the petition, the Children's Court shall set a date for a dispositional hearing no later than thirty (30) days from the date of the initial hearing. If all parties consent, the Children's Court may proceed immediately with the dispositional hearing.

(g) If the petition is contested, the Children's Court shall set a date for an adjudicatory hearing no later than forty-five (45) days from the date of the initial hearing.

DMR.1.5.040 Plea Hearing

(a) At the plea hearing, the Children's Court shall obtain the official positions of the interested parties as to whether they contest to the allegations of the petition. If any of the interested parties contest the petition, the matter shall be set for an adjudication hearing in accordance with Section DMR.1.5.050 of this ordinance.

(b) The time limits imposed under this ordinance may be waived by all parties and approved by the judge. The plea, adjudicatory, and dispositional hearings may be combined upon approval of the judge and all interested parties.

DMR.1.5.050 Adjudicatory Hearing

(a) At the adjudicatory hearing the Children's Court shall determine whether the subject child is within the jurisdiction of the Court pursuant to the allegations of the petition as shown by clear and convincing evidence. In the event jurisdiction is found, the Court shall schedule a dispositional hearing no later than thirty (30) days from the date of the adjudicatory hearing, unless such time limit is waived by all parties and approved by the judge. If all parties consent, the Court may proceed immediately to the dispositional hearing.

(b) The Children's Court may order its jurisdiction over the child to extend for any period of time through one year plus thirty (30) days from the date of a finding of jurisdiction.

DMR.1.5.060 Dispositional Hearing

(a) At any stage of a proceeding under this ordinance the Children's Court may order a temporary disposition for the child. Such an order may include any disposition authorized by Section DMR.1.5.060(e), below.

(b) Upon entry of an adjudication order, the Children's Court shall determine the disposition appropriate for the child. The Child Welfare Director or the Assistant Child Welfare Director and the petitioning party if other than the Child Welfare Director or the Assistant Child Welfare Director, shall submit reports to the Children's Court summarizing the child's personal history, the circumstances leading to the petition, the resources available and suitable to the child and family, the disposition recommended, and the rationale for the disposition. The report shall specify how the disposition is related to the circumstances leading to the petition and the role each affected person is expected to play in the removal of such circumstances in the future. Any other party may submit such a report. All such reports shall be filed with the Children's Court no later than four (4) days prior to the dispositional hearing, unless all parties waive such time limit. The clerk shall provide copies to the child's guardian ad litem (if any) and counsel for any party, or directly to any party not represented by counsel, together with a notice requiring the recipient to bring the copy of the report to the dispositional hearing, and prohibiting the recipient from copying or allowing any copies of the report to be made. No additional copies shall be made.

(c) Any party requesting out-of-home placement of a child shall submit to the Children's Court, and distribute as provided in Section DMR.1.5.060(b), above, a report enumerating the attempts made to prevent an out-of-home placement, and a statement describing the efforts that will be made to make it possible for the child to return home.

(d) In considering an appropriate disposition, the Children's Court may consider any or all of the following factors:

(1) Special physical, intellectual, or emotional needs of the child.

(2) Social, cultural, or religious tradition of the child, the child's family, or the Tribe.

(3) Availability of resources within the child's extended family.

(4) The child's preference, if the child is over 12 years of age, and the recommendation of any guardian ad litem.

(5) The recommendation of the Child Welfare Director or the Assistant Child Welfare Director or any person with an interest in the child.

(6) Recommendations of professionals experienced in services to children.

(7) Other factors calculated to meet the needs of the individual child and purposes of this chapter.

(e) The Children's Court may order disposition in any or all of the following ways:

(1) Return the child to the custody of a parent, guardian, custodian, or other responsible relative in the child's home, with supervision of the child by the Child Welfare Director or the Assistant Child Welfare Director and subject to such limitations and conditions in the conduct of the child and the parent, guardian, custodian, or other responsible relative, as the Court may prescribe.

(2) Participation of the child and/or parent or custodian in a specified counseling, treatment, or educational program, which may include use of traditional or culturally appropriate services or activities.

(3) Restitution in any reasonable amount for acts of the child resulting in damage to property or injury to any person or the Tribe.

(4) Community service appropriate to the needs or abilities of the child.

(5) Removal of the child from the home and/or placement with a member of the child's extended family, a tribal member licensed foster home, a licensed Indian foster home, an institution for children approved by the Tribe, or any other foster home, subject to such limitations and conditions as the Children's Court may prescribe.

(6) Out-patient or inpatient alcohol, drug, or mental health treatment for specified purposes for a specified period of time.

(7) Allow a child 16 years of age or older to live independently, either alone or with friends or relatives, under such supervision or guardianship as the Children's Court deems appropriate.

(8) Appoint a guardian for a child.

(9) Transfer jurisdiction to another Indian Tribe upon a showing that the child is eligible for membership in that Tribe and has more significant contacts with that tribe than with the Lac Courte Oreilles Tribe, or upon a showing that the child is a ward of another tribe or the subject of a proceeding in another tribal court.

(10) Recommend that termination or suspension of parental rights proceedings begin.

(11) Visitation by parties or extended family members as appropriate.

(12) Authority to assign attributes of guardianship. Unless otherwise ordered by the Children's Court, the parent or parents with legal custody of a child retain the right to exercise all attributes of guardianship, subject to any foster parent's right to control the day-to-day activities of the child, and to execute consents for daily school activities, not including overnight activities. The Child Welfare Director or the Assistant Child Welfare Director may be granted specific attributes of guardianship, including but not limited to, the right to consent to medical treatment and educational services.

(13) Any other disposition calculated to provide for physical, mental, emotional, or developmental needs of the child.

(f) A dispositional order may be in effect for no longer than one (1) year.

(g) When a child has been found to be in need of care under Section DMR.1.5.010(n) [school truancy] or Section DMR.1.5.010(p) and Section DMR.1.5.010(q) [violation of state, federal, or tribal law] of this ordinance, the Children's Court may in its discretion order disclosure of such facts in the matter as it deems appropriate to the community or to the victim, and may order the child to perform such activities for, with, or on behalf of the community or victim, as appropriate, that may promote rehabilitation of the child or reconciliation of the child with the community or victim.

(h) Any party to a proceeding under this chapter may seek and the Children's Court on its own motion may direct the Child Welfare Director or the Assistant Child Welfare Director to seek enforcement of any Court order in any other appropriate Court.

(i) The Children's Court on its own motion may waive, and any party to a proceeding under this chapter may, by motion and for good cause shown, seek a waiver of, continuing jurisdiction over a child and refer a case to any other Court having jurisdiction in such a case.

(j) In any out-of-home placement of a child, the Children's Court shall require testimony and make findings that services designed to prevent the necessity of out-of-home placement are appropriate and available and have been offered. The Court may, upon request of the petitioning party, accept a report describing the services available and offered in lieu of testimony.

(k) In any out-of-home placement of a child, the Children's Court shall consider and make findings that reasonable efforts were made to prevent out-of-home placement and that continuance of the child in the child's home would be contrary to the child's welfare, and shall further make findings on the availability or appropriateness of custodial care within the child's extended family or with tribal members before ordering a placement in any other home or facility.

(l) Whenever the Children's Court orders a child to be placed outside the home, the Court shall orally inform the parents who appear in Court, and shall include in the written order a statement, of any ground for termination or separation of parental rights under Subchapter DMR.1.6 that may be applicable.

(m) Whenever the Children's Court orders a child to be placed outside the home, the Children's Court shall order reasonable efforts, as appropriate, to be made to return the child home.

(n) Whenever the Children's Court orders a child to be placed outside the home, the Children's Court may make the referral described under Section DMR.1.3.120(b) of this ordinance.

(o) Whenever the Children's Court orders a child placed outside the home, legal custody of the child shall be retained by the parent or parents with legal custody unless the Court specifically orders otherwise, subject to the conditions and limitations imposed by the terms of the dispositional order.

DMR.1.5.070 Reviews, Extensions, and Modifications

(a) A dispositional order shall be reviewed at the Children's Court's discretion, with a goal of every three months but at least every six months.

(b) At any time in the last sixty (60) days of the period in which a dispositional order issued by the Children's Court or issued by another Court and subsequently transferred to the Children's Court is effective, the Child Welfare Director or the Assistant Child Welfare Director may move for an extension of the Court's dispositional order. Such motion shall be filed with the Children's Court. The Clerk of Court shall serve copies on all affected persons who were parties to the original proceedings, the Child Welfare Director or the Assistant Child Welfare Director, and the guardian ad litem, except that the Court may order additional parties served. Service may be made by first class mail. The motion shall be filed and served together with a notice of hearing on the motion no later than five (5) working days before the hearing. Service may be made by first class mail. The hearing so noticed will be on the merits of the motion unless the Court otherwise orders. To assist the Court, parties and guardian ad litem, the petitioning party must prepare, file and serve a court report, similar to those called for in Section DMR.1.5.060(b) of this ordinance, and under the same conditions as set forth in Section DMR.1.5.060(b) of this ordinance, along with the petition and notice.

(c) In the event a motion for extension is filed within the time period specified in Section DMR.1.5.070(b) above, the Children's Court may make such temporary extension orders as are necessary to preserve its jurisdiction and to protect the interests of the child pending a full hearing on the extension motion.

(d) The scope of inquiry at the hearing on an extension is whether the conditions that warranted the adjudication continue or whether new circumstances provide jurisdiction pursuant to Section DMR.1.5.010 of this ordinance. If an extension is sought on the ground of new circumstances, the circumstances justifying extended jurisdiction shall be alleged in the petition.

(e) Upon motion by any person with an interest in the child who was a party to the original proceedings or the Child Welfare Director or the Assistant Child Welfare Director, the Children's Court may, for good cause shown, modify a dispositional order any time during the effective period of the order sought to be modified. Such motion shall be filed with the Children's Court. The Clerk of Court shall serve affected persons who were parties to the original proceedings, the Child Welfare Director or the Assistant Child Welfare Director, and any guardian ad litem, except that the Children's Court may order additional parties served. Service may be made by first class mail. The motion shall be filed and served together with a notice of hearing on the motion. The hearing so noticed will be on the merits of the motion unless the Court otherwise orders. To assist the Court, parties and guardian ad litem, the petitioning party must prepare, file and serve a court report, similar to those called for in Section DMR.1.5.060(b) of this ordinance, and under the same conditions as set forth in Section DMR.1.5.070(b) above, along with the motion.

(f) A motion to extend a dispositional order may include a motion to modify the order.

DMR.1.5.080 Permanency Planning

(a) The Child Welfare Director or the Assistant Child Welfare Director shall prepare a court report pursuant to Section DMR.1.5.060(b) of this ordinance including the permanency planning requirements specified in Section DMR.1.5.080(b) below, in every case where an out-of-home placement is ordered.

(b) The permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance shall describe the following:

(1) The services offered to prevent out of home placement and to facilitate the child's return to home.

(2) The basis for the decision to hold the child in custody or to place out of home.

(3) The current and future planned location and types of placement for the child.

(4) If the child is placed more than 60 miles from the child's home, include a statement that a closer placement is either unavailable or inappropriate.

(5) The appropriateness of the services provided to meet the needs of the child and the family, including a discussion of services that have been considered but are not available, or not likely to become available, or are not being offered and why.

(6) The services that will be offered to carry out the dispositional order; to insure proper care and treatment of the child and to promote stability in the placement; to meet the child's physical, social, emotional, educational, and vocational needs; and to facilitate return of the child to home or to obtain an alternative permanent placement.

(7) The conditions, if any, upon which the child will be returned to home, including any changes required in the conduct of the parents or guardians, the conduct of the child, or the nature of the home.

(c) The Children's Court shall review the permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance with a goal of every three months but at least every six months from the first date on which the child was held in physical custody or was placed outside the home. No less than ten (10) days before the review, the Clerk of Court shall notify in writing the parents or guardians, the child if over twelve (12) years of age, the foster parents, the Child Welfare Director or the Assistant Child Welfare Director, the tribal attorney, and the guardian ad litem of the date, time, and place of the review, of the issues to be determined in the review, and that they may submit written comments no less than five (5) days before the review. Upon receipt, the Clerk of Court shall submit any comments submitted pursuant to this paragraph to the Child Welfare Director or the Assistant Child Welfare Director, the Tribe's attorney and any guardian ad litem.

(d) Within fifteen (15) days of the review of the permanency planning requirements, the Child Welfare Director or the Assistant Child Welfare Director shall prepare a written report of the determinations made under Section DMR.1.5.080(e) below, and shall provide a copy to the Clerk of Court.

(e) At the review of the permanency planning requirements the Children's Court shall determine the following:

(1) The continuing necessity for and appropriateness of the placement.

(2) The extent of compliance with the plan by the Child Welfare Director or the Assistant Child Welfare Director, other service providers, the child's parents or guardians, and the child.

(3) The extent of efforts to involve other service providers to meet any special needs of the child or family.

(4) The progress toward eliminating the causes for the out of home placement and toward returning the child home or to another permanent placement.

(5) The date by which it is likely the child will be returned home, placed for adoption, placed under legal guardianship, or otherwise permanently placed.

(6) Whether reasonable efforts have been made by the agency to make it possible to return the child home.

(7) If the child has been placed out of home for two years or more, the appropriateness of the permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance and the circumstances which prevent the child from:

(A) Being returned home.

(B) Having a termination of parental rights petition filed.

(D) Being placed in sustaining care.

(f) Any party may move the Children's Court for any appropriate modifications in the dispositional order based on the permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance.

(g) The permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance and reviews shall comply with all applicable provisions of federal law and of any applicable 161 Agreement.

(h) In the case of a child who has been in foster care, which has been paid for from funds provide under a 161 Agreement, for 15 of the most recent 22 months, or, if a Court of competent jurisdiction has determined a child to be an abandoned infant (as defined under the Tribe's law) or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the Child Welfare Director or the Assistant Child Welfare Director shall file a petition to terminate the parental rights of the child's parents unless

(1) The child is being cared for by a relative;

(2) The Child Welfare Director or the Assistant Child Welfare Director has documented in the case plan (which shall be available for Children's Court review) a compelling reason for determining that filing such a petition would not be in the best interests of the child; or

(3) The Child Welfare Department or such other agency as is primarily responsible for providing services to the child and the family has not provided to the family of the child, consistent with the time period in the child's permanency plan, such services necessary for the safe return of the child to the child's home, if reasonable efforts are required by the court order or permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance.

Subchapter DMR.1.6 Termination or Suspension of Parental Rights

DMR.1.6.010 Effect of Termination; Petition and Hearing Required

(a) Termination of parental rights means that, pursuant to court order, the legal relationship of parent and child is permanently severed. The effect of a decree of termination of parental rights is to permanently end the parent-child relationship, to remove the parent from all rights and responsibilities with respect to the child, and to sever all legal relationships, including all rights of intestate distribution and succession, custody, control, and financial responsibility, but shall not affect other familial, religious, or tribal relationships arising out of the natural parent-child relationship.

(b) Termination of parental rights may be ordered only in a proceeding where the petition clearly states that the petitioner is seeking an order of termination of parental rights, and where the mother and father have been summoned to appear before the Children's Court. The parental rights of an unadjudicated or unacknowledged father may be terminated after service of the summons and petition as provided in Section DMR.1.6.060 Section DMR.1.6.060(a) and Section DMR.1.6.060(b) of this ordinance on all persons named by the mother as the possible father or, in the case of an unknown father, after publication of the notice as provided in section Section DMR.1.6.060(b) of this ordinance. If any individual appears claiming paternity and contesting the termination of rights, the Court shall establish paternity to its satisfaction before considering the termination of the individual's parental rights. Where no individual appears claiming paternity and where paternal parental rights are terminated by default, no such termination will be considered conclusive with regard to the child's rights of membership in the Tribe.

(c) Suspension of parental rights means that, pursuant to court order, the legal relationship of parent and child is suspended as agreed by a biological parent. The effect of a decree of separation of parental rights is to suspend the parent-child relationship, to suspend the parent from all rights and responsibilities with respect to the child, and to suspend all legal relationships, including all rights of intestate distribution and succession, custody, control, and financial responsibility, but shall not affect other familial, religious, or tribal relationships arising out of the natural parent-child relationship.

DMR.1.6.020 Grounds for Involuntary Termination

Termination of parental rights may be ordered only in cases where the Children's Court finds beyond a reasonable doubt that one or more of the following grounds exists:

(a) Abandonment.

(1) The child has been left without provision for care or support and without reasonable expectation that a relative or other person would care for and support the child, and the petitioner has investigated and cannot locate the parent.

(2) The child has been outside the care and custody of the parent and has been accessible to the parent, for one year or more, and the parent has failed to visit, support, or communicate with the child for a period of six months or longer. Incidental contact and contact through other persons shall not prevent a finding of no visit or communication.

(b) Failure to remedy condition.

(1) The child has been in out-of-home care for a period of three years and the parent has failed to make substantial progress to remedy the circumstances necessitating out-of-home care.

(2) The child has been adjudicated a child in need of care and placed in out of home care for a period of 18 months or more and the parent has failed to make substantial efforts to remedy the circumstances supporting adjudication and the Children's Court has admonished the parent at least six months prior to the filing of a termination petition concerning the possible termination of parental rights under this subsection.

(c) Abuse. The child is under the jurisdiction of the Children's Court pursuant to Section DMR.1.5.010 of this ordinance and the Court finds that the facts establishing jurisdiction show a pattern of repeated or severe abuse.

(d) Continuing denial of periods of physical placement. The non-custodial parent has been denied all periods of physical placement or visitation rights by a Court or Courts of competent jurisdiction for a period of at least one year, the parent has been warned at least ninety days prior to the filing of a petition that a petition would be filed, and there is no currently pending action to modify the parent's physical placement or visitation rights in a Court of competent jurisdiction.

(e) Failure to assume parental responsibility. The child is a non-marital child whose non-custodial parent has not subsequently adopted the child or married the child's custodial parent and who has not established a substantial parental relationship with the child, as defined in Section DMR.1.2.010(y) of this ordinance.

(f) Absent parent. A parent who has legal custody of a child pursuant to a judgment of divorce or separation or paternity may file a petition to terminate the parental rights of an absent parent if the petitioning parent has had physical placement of the child for at least 48 months prior to the filing of the petition, and if, for at least 48 months prior to the filing of the petition, the other parent has been absent from the household where the child has lived, has not had primary physical placement of the child, has failed to contribute to the support of the child, and has not communicated or attempted to communicate with the child or with the petitioning parent about the child. Incidental communications through other persons shall not prevent a finding of no contact or communication.

(g) Other. The parent's parental rights could be terminated under the law of the state where the child is physically found.

DMR.1.6.030 Method for Giving Consent to Voluntary Termination

The Children's Court may terminate the parental rights of a parent who has given his or her informed, voluntary consent by one of the methods provided in this section.

(a) The parent appears personally at a hearing before the judge or magistrate and gives his or her consent, the Children's Court explains the effect of a termination of parental rights, and the Court has questioned the parent and found to its satisfaction that the consent is informed and voluntary.

(b) If the personal appearance of the parent before the Children's Court would be impossible or difficult, the Court may accept written consent executed by the parent before an embassy or consular official, a military judge, or any judge of a Court of record of another jurisdiction, and the consent is accompanied by the official's or judge's written findings that the parent was questioned and that the consent is informed and voluntary.

(c) Any minor parent stating intent to consent to the termination of parental rights shall have a guardian ad litem appointed for him or her by the Children's Court. The minor parent's consent to terminate rights shall not be accepted unless joined by his or her guardian ad litem. The consent of the guardian ad litem shall preclude later attack on the validity of the consent on the grounds of incompetence or minority. The fees and the costs of the guardian ad litem shall be subject to approval of the Children's Court. The guardian ad litem, if an attorney, shall be compensated at the Wisconsin Judicare attorney compensation rate, and if anyone other than an attorney, at the Wisconsin Judicare lay advocate rate.

(d) No consent shall be valid unless it is given no fewer than thirty days after the birth of the child to whom the parent's rights are to be terminated.

DMR.1.6.040 Petition for Voluntary or Involuntary Termination

(a) A termination of parental rights, whether voluntary or involuntary, may only be granted upon a petition as provided for in this section.

(b) A petition for termination of parental rights may only be filed by a child's parent, by the Child Welfare Director or the Assistant Child Welfare Director.

(1) The name, birth date, and address of the child or children.

(2) The names, birth dates, and addresses of the child's parents, and the names and addresses of any guardian or custodian. If any item is unavailable, the petition shall state that the information could not be determined after a diligent search.

(3) A statement that consent to termination of parental rights will be given as provided by this subchapter, or a statement that consent will not be given, a statement of the specific section and grounds for involuntary termination under this subchapter, and a statement of facts which petitioner alleges establish the grounds.

(4) A history of all minor in need of care petitions filed regarding the child and a summary of the custody and placement of the child since the filing of the first such petition, or for the past 24 months, whichever is longer.

(d) The Children's Court, upon motion of any party, or upon its own motion, may appoint a guardian ad litem for the child, and for any minor parent, in any proceedings for termination.

DMR.1.6.050 Summons

A summons shall be filed with the petition, and shall set forth the following:

(a) The name and birth date of the child.

(b) The nature, location, date, and time of the initial hearing.

(d) Advice that failure to respond or appear at the hearing may result in a termination of the party's parental rights.

(e) Name of petitioner, and name, address, and phone number of petitioner's attorney or lay representative, if any, or of the petitioner if unrepresented.

(f) Advice that parental rights may be terminated at the initial hearing if all who are present so consent.

DMR.1.6.060 Service of Summons and Petition

(a) The Clerk of Court shall cause the summons and petition to be served on the parent or parents of the child; any person who may, based on statements of the person or the mother, be the father of the child; the guardian, guardian ad litem, and custodian of the child, as applicable; and the child, if 12 years of age or older, except that no summons and petition need be served on any person who may be the father of a child conceived as a result of sexual assault.

(b) The summons and petition shall be served personally or by certified mail, return receipt requested, with delivery restricted to the addressee, no less than 30 days prior to the initial hearing. If personal service or service by mail cannot with reasonable diligence be accomplished, service may be made by publication one time in a newspaper likely to give notice to the party or upon the tribal website, together with mailing of the summons and petition to the party's last known address. The published notice shall contain the following information:

(1) The name of the party or parties to whom notice is given.

(2) The former address of the party or parties.

(3) The approximate date and place of conception of the child.

(4) The date and place of the birth of the child.

(5) The notice shall not include the name of the mother unless the mother consents. The notice shall not include the name of the child unless the Court finds that inclusion is essential to give effective notice to the father.

(6) Advice that the parental rights of any parent or alleged parent who fails to appear may be terminated.

(7) Advice that any party has the right to representation by counsel at his or her own expense.

(c) Upon motion of petitioner, the Children's Court may waive constructive notice to any person whose identity is unknown but may be the father of the child if such notice appears unlikely to give the father effective notice.

DMR.1.6.070 Initial Hearing

(a) An initial hearing shall be held on a petition to terminate parental rights. At the hearing the Children's Court shall determine whether any party wishes to contest the petition.

(b) Any non-petitioning party may, upon request, be granted a continuance for the purpose of consulting legal counsel.

(c) The Children's Court shall determine whether all interested parties, including parties who may be the child's father, have been notified. If the Court determines that an unknown person may be the father of the child, the Court shall further determine whether constructive notice will substantially increase the likelihood of actual notice to that person. If the Court so determines, it shall adjourn the hearing and order such notice to be given. If the Court determines that constructive notice will not substantially increase the likelihood of actual notice, the Court shall order that the hearing proceed.

(d) At the initial hearing, the child and the parents, guardian or custodian shall be informed of their rights as follows:

(1) The right to remain silent, although the silence may be considered adversely against the party remaining silent.

(2) The right to confront and cross-examine witnesses.

(3) The right to counsel at the party's own expense.

(4) The right to subpoena and present witnesses.

(5) The right to have the allegations of the petition proven by clear and convincing evidence.

(6) The right to demand for cause or pursuant to Chapter TCT.2, a substitution of judge, which if not made before the close of the initial hearing is deemed waived.

(e) If the petition is contested, the Children's Court shall set a date for an adjudicatory hearing no later than 45 days after the date of the initial hearing, unless all parties consent to an immediate hearing, in which case the Court may immediately so proceed.

(f) If the petition is not contested, the Children's Court shall explain the effect of a termination of parental rights and shall question the parents consenting to termination in order to determine if such consent is informed and voluntary. The Court shall make findings of fact on the record supporting its conclusions that consent is informed and voluntary before proceeding further with a voluntary termination. The Court shall set a date for a dispositional hearing no later than 45 days from the date of the initial hearing, unless all parties consent to an immediate hearing and the report required by Section DMR.1.6.090(a) of this ordinance has been filed, in which case the Court may immediately so proceed.

DMR.1.6.080 Fact Finding Hearing

At the fact finding hearing the Children's Court shall determine whether the facts alleged in a petition that has been contested are true beyond a reasonable doubt. If the Court so finds, it shall proceed immediately to a dispositional hearing unless all parties agree to a delay or unless the report required in Section DMR.1.6.090(a) of this ordinance has not been completed, in which case the Court shall set a hearing date no later than 30 days after the fact-finding hearing.

DMR.1.6.090 Disposition

(a) A court report must be prepared prior to all terminations of parental rights. If the petition has been filed by the Child Welfare Director or the Assistant Child Welfare Director, the Child Welfare Director or the Assistant Child Welfare Director shall prepare a report to the court including a complete social, adjudicatory, and dispositional history of the child and the parent, a statement of feasible alternative dispositions, if any, and a statement applying the standards and factors contained in Section DMR.1.6.090(b), below. The report shall be filed with the Court and served on the parties no fewer than 10 days before the dispositional hearing. The report shall include a description of efforts made to prevent removal of the child from the home and efforts made, if any, to return the child, and to remedy the conditions resulting in the termination proceeding. If the report recommends termination of both parents, or of the only living or known parent, the report shall include a statement of the child's likelihood of adoption, listing factors that might prevent adoption and factors that might facilitate it, and the interim plan and designated guardian recommended pending adoption or, if adoption is unlikely a plan for the continued care, custody, and guardianship of the child. The report shall also contain a medical and genetic history of the child and birth parents on a form as provided by the Wisconsin Department of Health and Social Services. If the petition has been filed by anyone other than the Child Welfare Director or the Assistant Child Welfare Director, the petitioner shall request an order of the Court appointing either the Child Welfare Director or the Assistant Child Welfare Director or another child welfare agency to prepare a report, provided that the expense of any such report prepared by any agency other than the Tribe's Child Welfare Department shall be borne by the petitioner.

(b) Court considerations. In making a decision about the appropriate disposition, the Children's Court shall consider the standard and factors enumerated in this section.

(1) Standard. The best interests of the child shall be the prevailing factor considered by the Children's Court in determining the disposition of all termination of parental rights proceedings.

(2) Factors. In considering the best interests of the child under this subsection the Children's Court shall consider but not be limited to the following:

(A) The age and health of the child, both at the time of the disposition and, if applicable, at the time the child was removed from the home;

(B) The wishes of the child;

(D) Whether the child will be able to enter into a more stable and permanent family relationship as a result of the termination, taking into account the conditions of the child's current placement, the likelihood of future placements and the results of prior placements.

(c) Any party may present evidence relevant to disposition, and may propose alternative dispositions. The Children's Court shall order either disposition listed below no later than ten days after a hearing on disposition.

(d) Upon a finding that grounds exist for a termination of parental rights the Children's Court shall order one of the following dispositions.

(1) The Court may dismiss the petition.

(2) The Children's Court may order the termination of parental rights of one or both parents. If the rights of both parents or of the only living or known parent is terminated, the Court shall transfer guardianship of the child to the Child Welfare Director or the Assistant Child Welfare Director, the Wisconsin Department of Health and Social Services, a relative of the child with whom the child resides if the relative has filed a petition for adoption, or an individual who has been appointed guardian of the child by a Court of competent jurisdiction. The Court may also transfer custody of the child to one of the agencies listed above, or to a relative or other individual if the child has resided in the home of that individual for a meaningful period of time prior to the termination. The child may be placed with the guardian, with a relative, or foster home, or, if sixteen or older, may be allowed to live independently alone or with friends or relatives under such supervision as the Court deems appropriate.

(3) Termination of parental rights shall not affect a child's tribal enrollment or eligibility for tribal member benefits.

(4) Termination of parental rights shall not itself be grounds for prohibiting contact with the child by other relatives, and an order permitting such contact may be entered in the termination case, but any order permitting such contact shall be based on the protection of the best interests of the child.

(5) The Children's Court shall inform any parent whose rights have been terminated of the provisions of Wis. Stats. §§ 48.432 and 48.433 and of Section DMR.1.8.070(b) of this ordinance, relating to medical and identifying information.

(6) Any parents whose rights have been terminated shall have a continuing duty to inform the Children's Court of any information he or she receives regarding any medical or genetic condition that may affect the health or longevity of the child or the child's issue. The parent shall be informed of this duty by the Court.

(7) Any order under this subsection shall be reduced to writing and filed within thirty (30) days of its rendition.

DMR.1.6.100 Suspension of Parental Rights

The Children's Court may suspend the parental rights of a parent who has given his and/or her informed, voluntary consent as provided in this subsection.

DMR.1.6.110 Petition for Suspension of Parental Rights

(a) Any adult or agency possessing custody of a minor child may file a petition with the Clerk of Court seeking an order for the suspension of the parental rights of child. The petition shall begin with the caption, "In re the Suspension of Parental Rights of (names of biological parents) to (name of child), born (birthdate of child)." The petition shall contain the following information:

(1) The name, address, and telephone number of the child's tribe;

(2) The name, address, telephone number and age of the child's parent whose parental rights are to be suspended;

(3) The name, address, and telephone number of the petitioner and the petitioner's relationship, if any, to the child;

(4) The name, address, and telephone number of any other relatives who may have an interest in the care, custody, and control of the minor child;

(5) A statement as to why an order for suspension of parental rights of the parent is in the best interest of the child and the child's tribe;

(6) A statement as to basis for the request of the suspension of parental rights, supported by medical, psychiatric, child protection worker, family member and/or psychological reports or testimony;

(7) A statement that no similar action is pending in a state or another tribal court having jurisdiction over the child.

(b) The petitioner shall sign the petition in the presence of a notary public and shall affirm under oath that the contents are true and correct except as to those matters based upon belief and, as to those matters, the petitioner reasonably believes them to be true.

(c) The petition shall be filed with the Clerk of Court, with copies served, by the petitioner, on the Child Welfare Director or the Assistant Child Welfare Director, family member, caretaker if any, and appropriate agencies of the Tribe which may have an interest in the proceeding or be of assistance to the Court in adjudicating the matter. The petition shall be served in the manner provided for in Chapter TCT.2.

DMR.1.6.120 Notice of Hearing on Petition to Suspend Parental Rights

Upon the filing of a petition seeking an order for the suspension of parental rights, the Clerk of Court shall schedule a hearing to be held thereon and shall cause written notice of such hearing to be served upon the petitioner; the child's tribe; the child's parent(s); family members; caretaker, if any; and appropriate agencies of the Tribe which may either have an interest in the proceeding or be of assistance to the Children's Court in adjudicating this matter. Such notice shall be served in the manner provided for in Chapter TCT.2. A Guardian ad Litem may be appointed to assist the Court in determining the best interests of the child. The petitioner(s) biological parents and Guardian ad Litem enjoy automatic party status.

DMR.1.6.130 Hearing on Petition to Suspend Parental Rights

(a) Attendance at Hearing.

(1) The biological parent(s) and petitioner shall be present at the hearing in person or by telephone unless he or she has waived the right to appear in writing executed before the Clerk of Court or a notary and filed with the Court, or unless the parent is unable to attend by reason of a medical condition as evidenced by a written statement from a licensed physician or other appropriate professional.

(2) The petitioner shall be present at the initial hearing. The petitioner's failure to appear shall be grounds for dismissal of the petition.

(b) Conduct of the Hearing.

(1) The Court shall inform the parent(s) of their rights under this ordinance and of the nature and consequences of the proceeding. In addition to any other rights offered under the Indian Civil Rights Act, 25 U.S.C. § 1301-03 (1968), as amended, or enumerated with the Lac Courte Oreilles Tribal Code of Law, petitioners, and other parties have the following rights:

(A) A biological parent has the right to refuse services provided by any social services agency; however, their refusal to accept services may have significant impact on their ability to have contact with their children.

(B) The parties have the right to have reasonable notice and to attend any hearing arising out of the filing of a petition for suspension of parental rights pursuant to this subchapter. The biological parents and the petitioner have the right to be represented by council at their own expense at all proceedings.

(D) The biological parents and the petitioner have the right to seek independent medical, psychological or psychiatric evaluation of the child at their own expense.

(2) The Court shall inform all other parties of their right under the Lac Courte Oreilles Tribal Code of Law pursuant to the Indian Civil Rights Act, 25 U.S.C. § 1301-03 (1968), as amended, including the right to summon and cross-examine witnesses.

(3) The Court shall hear evidence on the matter, if the Court determines that the biological parent(s) have given, his, her, or their informed and voluntary consent to the suspension of parental rights.

(4) The rules of evidence of Chapter TCT.4 shall apply.

(5) The burden of proving the allegation of the petition shall be upon the petitioner and the standard of proof shall be clear and convincing evidence. There shall be a legal presumption of parent's ability to parent until proven otherwise.

(6) The Children's Court may continue the hearing, upon a showing of good cause, at the request of any party to the proceeding and enter such temporary orders, if any, as may be deemed just and reasonable to carry out the purposes of this subchapter.

(1) In all cases, the Children's Court shall make specific written findings of fact, state separately its conclusions of law, and enter an appropriate judgment or order.

(2) The Children's Court may make findings that it is in the child's best interest that a final order suspending the parental rights be entered and the Court shall specify the basis of those findings.

(3) The Children's Court shall complete the final hearing within forty-five (45) days of the initial hearing.

(d) Final Order on Petition to Suspend Parental Rights.

(1) If the Court determines that it is in the best interests of the child and the child's tribe, it shall issue a final order for a suspension of parental rights. Such an order for the suspension of parental rights may include, but is not limited to the following:

(A) A suspension of the parental rights of the parent, including the suspension of the right to the care, custody, and control of the minor child and allowing the child to be adopted;

(B) A suspension of the right of the parent to have contact with the minor child including contact in person, by mail, by telephone or through third parties or the order may allow for a contact agreement agreed upon by the parties to be ordered by the Court;

(C) Restraining a parent from contacting the minor child, the child's foster parent, the child's adoptive parent and/or the social services agency or agencies possessing information regarding the minor child, or by an agreement;

(D) Ordering that the biological parents' obligation to pay child support, except for arrearages, is hereby terminated.

(E) Ordering that any prior court order for custody, visitation, or contact with the minor child is hereby terminated; and

(F) Ordering that the parent shall have no standing to appear at any future legal proceedings involving the child.

(2) The suspension of parental rights does not sever or affect in any way a child's relationship to his/her Tribe or any rights of inheritance from the biological parent(s). A suspension of parental rights does not require a change on the child's birth certificate.

(3) The final order shall contain a statement regarding why it is in the best interests of the child and the child's tribe to enter this order.

(4) Copies of any order for the suspension of parental rights shall be served upon the parent and the agency or agencies having legal custody of the child and any other parties as directed by the Children's Court.

(5) Final orders for the suspension of parental rights may be reviewed by the Children's Court at the request of the biological parent, the agency or agencies possessing custody of the child only if one of the following occurs: if there is no final dispositional order based on the permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance, in effect after a period of one (1) year after the entry of the final order suspending parental rights; the adoption of the child fails; the adoptive parent is deceased; or if the adoptive parent(s) joins in the biological parents request for review. Notice of this review shall be provided to all parties to the hearing at which the final suspension of parental rights order was issued.

Subchapter DMR.1.7 Guardianship

DMR.1.7.010 Petition for Guardianship

(a) Upon petition by any person with a legitimate interest in the welfare of the child, including persons with an interest in the child, including persons with an interest as defined in Section DMR.1.2.010(u) of this ordinance, the Children's Court may appoint a guardian for a child who is without both parents or whose parents are unable to care for the child. Except when the petitioner is a person with an interest in the child as defined in Section DMR.1.2.010(u) of this ordinance, the decision to allow a person to petition for the appointment of a guardian shall be in the Court's discretion. The Court may impose any restriction or limitation on the powers of a guardian, or condition its appointment on the guardian's performance of specified duties, not inconsistent with this subchapter, it finds will help protect the child's interest.

(b) The Children's Court may appoint a guardian of the child to exercise custody and the power to make daily and major decisions of importance to the child's health, education, support, and welfare, regarding any child as who has no living parent or whose parents are unavailable for reason of incarceration or commitment or otherwise unable to care for the child. Such a guardian shall be known as a "guardian of the child." A guardian of the child may not manage the financial interests of the child but may act as custodian with regard to ordinary property in the child's possession.

(c) The Children's Court may appoint a guardian of the child's estate to conserve the assets, income, and financial interests of any child who has no living parent or whose parents are unavailable for reason of incarceration or commitment or otherwise unable to care for the child. Such a guardian shall be known as a "guardian of the child's estate." A guardian of the child may be appointed guardian of the child's estate or separate guardians may be appointed.

(d) A petition for guardianship shall state:

(1) The name, residence, address, post office address, and date of birth of the proposed ward, the petitioner, and of the proposed guardian or guardians.

(2) The reason guardianship is sought.

(3) Whether temporary or permanent guardianship is sought.

(4) Whether a guardian of the child or a guardian of the child's estate or both is sought.

(5) The income and assets of the proposed ward.

(6) Whether any guardian of the proposed ward now exists.

(7) A statement as to how the child has become, or will become, eligible for guardianship.

(e) Upon receiving for filing a petition for guardianship, the Children's Court may appoint a guardian ad litem for the proposed ward.

DMR.1.7.020 Notice of Hearing

The notice of hearing shall state the time, date, and place of hearing on the petition, the names of the proposed ward and guardian, and the name, address and telephone number of the petitioner and the petitioner's attorney, if any.

DMR.1.7.030 Service of Notice of Hearing and Petition

(a) The notice of hearing and petition shall be served by the petitioner upon any parent of the proposed ward, any current guardian or custodian of the proposed ward, the Child Welfare Director or the Assistant Child Welfare Director, and the guardian ad litem, if any. The Clerk of Court may serve the summons and petition on behalf of the petitioner. The Child Welfare Director or the Assistant Child Welfare Director is not required to appear in a guardianship case under this subchapter, but at the director's discretion may appear and participate as a party.

(b) The notice of hearing and petition shall be served personally or by first class mail, no less than ten days prior to the hearing. If personal service or service by mail cannot with reasonable diligence be accomplished, service may be made by publication in a newspaper likely to give notice to the party or upon the tribal website, together with mailing of the summons and petition to the party's last known address. The published notice shall contain the following information:

(1) The name of the party or parties to whom notice is given.

(2) The former address of the party or parties.

(3) The approximate date and place of conception of the child.

(4) The date and place of the birth of the child.

(5) The notice shall not include the name of the child, petitioner, or parents, or proposed guardian.

(6) Advice that a guardian of the child or of the child's estate may be ordered at the hearing.

(7) Advice that any party has the right to representation by counsel at his or her own expense.

(c) Upon motion of petitioner or of any other party, the Children's Court may waive constructive notice to any person if such notice appears unlikely to give effective notice.

DMR.1.7.040 Guardianship Hearing

(a) At the hearing on the petition the Children's Court shall hear the petitioner's evidence and the evidence offered by any other party. If the Court is satisfied by clear and convincing evidence that the appointment of a guardian is in the best interests of the child the Court shall appoint a guardian who by a preponderance of the evidence appears most suitable.

(b) In lieu of a hearing, all parties may enter into a written stipulation allowing the Children's Court to appoint a guardian under this subchapter.

DMR.1.7.050 Appointment of Guardian

(a) The Children's Court may appoint a guardian of the child, a guardian of the estate, or both, as requested in the petition. The guardianship so established may be temporary or permanent, as requested in the petition.

(b) The Children's Court may impose restrictions or limitations on the powers of a guardian, and may condition the appointment on the guardian's performance of specified duties.

(c) A guardian of a child shall report annually to the Children's Court, on forms provided by the Court, on the care and status of the child, and a guardian of the estate of a child shall report annually to the Court, on forms provided by the Court, on the income, assets, expenses, and debts of the child. The order appointing guardian shall fix a date or dates for the filing of such reports.

(d) The Children's Court may require the guardian of a child's estate to post a bond, and may impose other conditions to protect the child's interests.

DMR.1.7.060 Termination or Change of Guardianship

(a) A guardianship may be altered or terminated, or a new guardian appointed, by the same procedures as established by this subchapter for the appointment of a guardian.

(b) Any guardianship created under this subchapter shall terminate upon its terms but in no event later than upon the ward's eighteenth birthday.

DMR.1.7.070 Voluntary Consent to Exercise Custodial Rights

The parent or parents with legal custody of a child may enter into a voluntary agreement with an adult or adults transferring the rights of custody to the child to the designated adult or adults. The parties may present the agreement to the Children's Court for approval, and if approved the agreement may not be revoked by any party except with the consent of the other party or parties, or pursuant to the terms of the agreement, or with Court approval. Such an agreement, whether or not approved by the Children's Court, does not affect the rights of any person who is not a party to the agreement.

Subchapter DMR.1.8 Adoption and Customary Adoption

DMR.1.8.010 Effect of Adoption and Customary Adoption; Who May Adopt and Be Adopted

(a) Upon entry of the order of adoption (including customary adoption), the relation of parent and child together with all the rights, duties, and other legal consequences of the natural relation of parent and child exist between the adoptive parents and adopted child.

(b) Adoption (including customary adoption) shall not affect the child's enrollment status as a member of any tribe.

(c) Any child as defined Section DMR.1.2.010(h) of this ordinance may be adopted (including customary adoption), provided that all parental rights have been severed by Court action or the death of the parent.

(d) The following are eligible to adopt (including customary adoption) a child:

(1) A married couple jointly who are both adults, or either if the other spouse is a parent of the child to be adopted,

(2) An unmarried or legally separated person who is at least 21 years of age,

(3) The child's natural father, if for any reason the father's paternity is not otherwise recognized.

(4) Two unmarried persons co-habitating for a substantial period of time as a married couple.

(5) An adult for purposes of a customary adoption.

(e) The consent of the following, given in Court before the judge or magistrate, unless good cause is shown for some alternate method of consent, are required for adoption (including customary adoption):

(1) The child if twelve (12) years or older, unless the Children's Court determines that the child is incapable of giving consent, and

(2) The parent or parents if living, including the adjudicated or acknowledged father of a non-marital child, unless parental rights have been terminated or suspended.

DMR.1.8.020 Petition

(a) A petition for adoption (including customary adoption) pursuant to this subchapter may be filed at any time if:

(1) The child is the extended family as Section DMR.1.2.010(o) of this ordinance, of one of the petitioners, or

(2) The child is placed, by an order of the Court, with one of the petitioners.

(3) The petitioner is seeking customary adoption of the child.

(b) Except as provided under Section DMR.1.8.020(a) above, no petition for adoption may be filed unless the child has been living in the home of the petitioner for more than six (6) months.

(1) The name(s), age(s), and address of the petitioner(s) and his or her relationship to the child, and a statement of the petitioner(s) eligibility to adopt.

(2) The name, address, and date of birth, or expected date of birth, of the child to be adopted, and the tribe in which the child is, or is expected to be, a member.

(3) The name, address, and age of the birth parents.

(4) The identity of all persons or agencies which solicited, negotiated, or arranged for the adoption on behalf of any party.

(5) A report of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or on their behalf in connection with the birth of the child, the placement of the child with the proposed adoptive parents, the medical or hospital care received by the child or by the child's mother in connection with the birth of the child and any other expenses, including the estimated legal expenses, of either the child's parent or the proposed adoptive parents, including a copy of any written agreement between the birth parent and adoptive parent. The report shall be itemized and shall show the services relating to the adoption or to the placement of the child for adoption which were received by the proposed adoptive parents, by either parent, by any other person to whom payment was made by or on behalf of the proposed adoptive parents. The report shall also include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency or other person or organization receiving any funds from the proposed adoptive parents in connection with the adoption or the placement of the child with them.

(6) A statement of the tribal membership, if any, and domicile of each of the birth parents and each of proposed adoptive parents.

(7) A statement as to how the child has become, or will become, eligible for adoption (including customary adoption). If the birth parents' parental rights are not terminated or suspended, a statement must be included that a petition for separation of parental rights has been filed and that consent will be given. If rights have been terminated or suspended, a certified copy of the court order terminating or suspending the rights shall be attached to the petition. If a child is eligible for adoption (including customary adoption) because one or both parents are deceased, a certified copy of the death certificate(s) shall be attached to the petition.

(8) A request for the issuance of an order of adoption (including customary adoption).

(9) The proposed name of the adoptee after the entry of the final order of adoption (including customary adoption).

DMR.1.8.030 Service of Petition and Notice of Hearing

(a) The petitioner shall cause the petition and notice of the hearing provided for in Section DMR.1.8.050 of this ordinance to be served on the Child Welfare Director or the Assistant Child Welfare Director and the child, if twelve (12) years of age or older. The Clerk of Court may serve the parties on behalf of the petitioner.

(b) The notice of hearing and petition shall be served personally or by first class mail.

DMR.1.8.040 Investigation and Report

(a) Upon filing of the petition, the Child Welfare Director or the Assistant Child Welfare Director, or another child welfare agency as ordered by the Children's Court, shall perform an investigation as to the suitability of the petitioner as the child's adoptive parent. The report shall include a history of the child, including his or her mental and physical health and family background; the mental, physical, and financial condition of the petitioners, and any other factors useful in determining their fitness as parents and the suitability of their home as a home for the child; and any other circumstances and conditions which may have a bearing on the adoption and of which the Court should have knowledge. The report shall include the blood quantum's of both birth parents, if known. The enrollment office will cooperate with the Child Welfare Director or the Assistant Child Welfare Director in preparing this information for inclusion in the report. The Child Welfare Director or the Assistant Child Welfare Director shall complete the report and file it with the Court, providing a copy to the petitioner no less than ten days before the hearing provided for in Section DMR.1.8.050 of this ordinance. The report shall contain a definite recommendation for or against the adoption and shall state the reasons therefore. If the report is unfavorable or discloses a situation which in the Court's opinion raises a serious question as to the suitability of the proposed adoption, the Court may appoint a guardian ad litem for the child who shall make an independent recommendation. The Court may order the petitioner or adoptive parent to pay the costs of the investigation and report, and of the guardian ad litem.

(b) In the case of a step-parent adoption, the investigation and report shall be limited to one interview with the petitioner and a review of locally available public records, unless the agency performing the evaluation requests a specific court order permitting further investigation.

DMR.1.8.050 Hearing on the Petition; Order

(a) Upon receipt of a petition, the Clerk of Court shall set a date for hearing no more than 120 days from the filing of the petition.

(b) At the hearing, the presence of the petitioners and the child, if the child is twelve (12) years of age or older, shall be required unless the court orders otherwise. The Children's Court shall determine from the Child Welfare Director or the Assistant Child Welfare Director's report and any evidence presented by the petitioners or other parties whether the petitioners are suitable adoptive parents. The Court may question the child concerning his feelings about the adoption, and ascertain if the child's consent, when required, is voluntary. If the Court determines that granting the petition is in the child's best interest, it shall so order.

DMR.1.8.060 Customary Adoption

(a) Guiding Philosophy for Customary Adoption.

(1) It is the fundamental belief of the Tribe that its children are the sacred responsibility of the Tribe.

(2) One of the Tribe's basic inherent sovereign rights is the right to make decisions regarding the best interest of its children including who should provide for the care, custody and control of its children. This section is intended to assure a safe, stable, nurturing, and permanent environment for the Tribe's children and to provide for the protection of our children, our people, and our way of life.

(3) The principles that shall guide decisions pursuant to this ordinance are: the protection of the child's safety, well-being and welfare and their sense of belonging; preservation of the child's identity as a tribal member and member of an extended family; preservation of the culture, religion, language, values, clan system, and relationships of the Tribe.

(4) As an exercise of its inherent sovereignty the Tribe has the authority and jurisdiction to formally delegate the authority of its Children's Court to adjudicate its own customary practices regarding child rearing and child custody.

(b) Purpose of Customary Adoption. Customary adoption shall be liberally construed as an exercise of the inherent sovereign authority of the Tribe to fulfill the following express purposes:

(1) To embody and protect the basic traditional values of the Tribe regarding the protection and care of the Tribe's children. The Tribe believes that it is the responsibility of the Tribe, the tribal communities and extended families to protect, care for, and nurture our children.

(2) To promote the belief of the Tribe that children deserve a sense of permanency and belonging throughout their lives and at the same time they deserve to have knowledge about their unique cultural heritage including their tribal customs, history, language, religion, and values.

(3) To provide for the best interests of the Tribe, tribal communities and the Tribe's children.

(4) To afford judicial processes which allow for formal adjudications that address the issues of rights, responsibilities, care, custody and control of minor children when the biological parents are unable or unwilling to provide for a safe, stable nurturing and permanent environment for their children by conferring jurisdiction upon the Children's Court to hear and adjudicate such matters.

(1) A petition for customary adoption pursuant to this subchapter may be filed by any adult seeking the customary adoption of a minor child whose parents' parental rights have been terminated or suspended. The petition shall including the following information in addition to the adoption petition information required pursuant Section DMR.1.8.020(c) of this ordinance:

(A) A statement as to why a final order for customary adoption is in the best interests of the child and the best interests of the child's tribe.

(B) A statement as to the basis for the customary adoption supported by a home study required pursuant Section DMR.1.8.040(a) of this ordinance, ceremonial leader, traditional elder, medical doctor, psychiatric doctor, child protection worker, family member, and/or psychological reports or testimony.

(d) Notice of Hearing on Petition for Customary Adoption. The customary adoption petition and notice of the hearing shall be served in the manner required pursuant to Section DMR.1.8.030 of this ordinance. In addition, the customary adoption petition and notice of the hearing shall also be served upon the child's tribe, appropriate family members, if any; caretaker, if any; and appropriate agencies of the Tribe which may have an interest in the proceeding or be of assistance to the Court in adjudicating the matter. The Clerk of Court may serve the parties on behalf of the petitioner.

(e) Hearing on Petition for Customary Adoption. The hearing on the customary adoption petition shall be conducted in the manner required pursuant to Section DMR.1.8.050 of this ordinance.

(f) Final Order for Customary Adoption. If the Children's Court determines that it is in the best interests of the child and the child's Tribe, it shall issue a final order for a customary adoption in the manner required pursuant to Section DMR.1.8.050(b) of this ordinance. Such an order may include, but is not limited, to the following:

(1) A statement that the child has been adopted by the petitioner(s) and that the parent-child bond is hereby established and that all rights and responsibilities of that relationship shall exist upon the entry of such a final order.

(g) Certification of a Customary Adoption.

(1) A customary adoption, conducted in a manner consistent with this section is a long established, continued, reasonable process and considered by the Children's Court as having the same effect as an adoption order issued by this Court so long as it is in the best interests of the child and the child's Tribe.

(2) A decree certifying a customary adoption has the same effect as a decree or final order of customary adoption issued by this Court.

DMR.1.8.070 Visitation Rights

(a) A person who within the two years prior to the date of the petition for adoption has maintained a close relationship with an adopted child may petition the Court to be awarded visitation rights, upon hearing and after notice of the hearing to the child's parents (as determined after entry of the order in an adoption, including customary adoption). Notice shall be served on the parents personally or by certified mail, return receipt requested, restricted delivery.

(b) The Children's Court may award visitation if the Court determines visitation is in the child's best interest and that the petitioner will not interfere in or act contrary to the parental decisions of the parents.

DMR.1.8.080 Records

(a) The Children's Court may not disclose the records of any adoption except as provided for in this section.

(b) A copy of the medical and genetic history report, as provided in Section DMR.1.6.090(a) of this ordinance, with the names and other identifying data of the birth parents and of the birth parents' or child's' health care provider removed, shall be provided to the adoptive parents upon entry of the final judgment of adoption. The Court may, in its discretion, disclose information as needed from the report, including the entire report, to the adoptive parents after entry of a temporary order and before entry of the final judgment. Additional information supplied to the Court under Section DMR.1.6.090(d)(5) of this ordinance shall be made available to the adoptive parents upon receipt or upon later request, provided the adoptive parents sign a statement requesting such information and acknowledging that the Court or tribe does not vouch for its accuracy. A copy of the report, and the information and of additional information received under Section DMR.1.6.090(d)(5) of this ordinance shall also be made available, on request, to the child after the child's eighteenth birthday, provided the child signs a statement acknowledging that the Court or tribe does not vouch for the accuracy of the information contained therein. Releases of information under this subsection shall be without charge.

(c) Information confirming membership rights shall be made available upon request to the child's Tribe, the adoptive parents and, after the child has reached the age of eighteen (18) years, to the child. Releases of information under this subsection shall be without charge.

(d) Information regarding the identity of the child's birth parents, may be released to the child upon request after the child has reached the age eighteen (18), if both birth parents have filed with the court affidavits which have not been subsequently revoked, authorizing the Court to release such information, or in the case where one parent was unknown at the time of the termination of parental rights of the other parent, if the known parent has filed with the court an unrevoked affidavit. However, the Children's Court may release information regarding the identity of the child's birth parents to the child upon request after the child has reached the age eighteen (18), without the filing of court affidavits by the birth parents authorizing the Court to release such information so long as Court determines that it is in the best interests of the child and the child's Tribe to do so, subject to the redaction of names or the rights of confidentially as required by Tribal or federal law.

DMR.1.8.090 Agreements Between Birth Mothers and Adoptive Parents

(a) Any agreement, to be enforceable between a birth mother and an adoptive parent, where either party is a member of the Tribe, for the payment of fees or expenses, including those expenses referred to in Section DMR.1.8.020(c)(5) of this ordinance, relating to the adoption of any child as defined in Section DMR.1.8.090(c) below, shall be in writing.

(b) Any agreement between a birth mother and an adoptive parent or parents for the payment of fees or expenses, including those expenses referred to in Section DMR.1.8.020(c)(5) of this ordinance, relating to the adoption of a child may be rescinded by the birth mother at any time up to the time that she gives consent to terminate her parental rights under Section DMR.1.6.030 of this ordinance. If the birth mother rescinds her consent as provided in this section, the adoptive parent or parents shall be entitled to judgment against the birth mother for all fees and expenses paid to her pursuant to the agreement between them.

(c) For purposes of this section "birth mother" means the individual who carries in utero any fetus, however fertilized or implanted. For purposes of this section "child" means any child, regardless of Section DMR.1.2.010(h) of this ordinance and of tribal membership or eligibility for membership, who, while in utero, was carried by a birth mother as herein defined.

Subchapter DMR.1.9 Administration

DMR.1.9.010 Notices Under the Indian Child Welfare Act

(a) The Child Welfare Director or the Assistant Child Welfare Director is designated as agent for service of notices concerning child welfare proceedings as provided under the Indian Child Welfare Act.

(b) Upon receipt of such notice, the Child Welfare Director or the Assistant Child Welfare Director may consult with such tribal staff as may be necessary to determine the eligibility of the child named in such notices.

(c) Upon a determination that the notice received concerns a Child as defined in Section DMR.1.2.010(h) of this ordinance, the Child Welfare Director or the Assistant Child Welfare Director shall consult with the Legal Department, for the purpose of determining whether to intervene or seek transfer of jurisdiction of the case to the Children's Court.

(d) The Child Welfare Director or the Assistant Child Welfare Director shall determine whether to seek transfer, which determination, upon petition or motion of a person with an interest in the child, may be reviewed and reversed by the Children's Court.

(e) 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.

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.

Subchapter DMR.1.10 AODA Minor in Need of Care Proceedings

DMR.1.10.010 Purpose

When the first European people came and met with the Ojibwe people, they brought alcohol. At first, Indian people thought alcohol was something good because it provided a short cut to dreams and visions. However, the elders realized that these were not the right types of dreams and visions; they were nightmares. The elders tried to convince people to stay away from alcohol but did not succeed. Alcohol took such a strong hold on our people that our people got out of balance with its excessive use. The negative aspect of alcohol took control of our people and make them sick. "Firewater," as alcohol is referred to, has a spiritual meaning. When a person talks with alcohol on their breath, there are flames when they talk; when a person prays with alcohol on their breath, these flames burn their prayers.

Therefore, we as a community believe we must come together to fight alcohol and drug addiction. Through the services provided by the Lac Courte Oreille Health Center and reliance on our tradition and customs, we will seek to rebuild families and communities that have been torn apart by addiction.

DMR.1.10.020 Definitions

For purposes of this subchapter, "Child" or "minor" shall have the meaning as defined in Section DMR.1.2.010(h) of this ordinance.

DMR.1.10.030 Jurisdiction

The Children's Court shall have jurisdiction over a Child upon a petition filed by the Behavioral Health Department at the LCO clinic alleging that the child is a child in need of care because of the existence of any of the following conditions:

(a) The child is suffering from alcohol or other drug abuse, for which the parent or the child, if over the age of twelve, is unwilling or unable to provide appropriate treatment.

(b) The child's parent, court-appointed guardian, or custodian signs a statement alleging that he or she is unable to provide necessary supervision and care for the child's AODA needs after consultation with the Adolescent AODA Program.

(c) The child has been Court ordered through a delinquency proceeding or through a deferred prosecution agreement to receive AODA counseling or treatment.

DMR.1.10.040 Accelerated Proceedings

Notwithstanding any other provision of this ordinance, the Children's Court may, upon proper notice of waiver of notice, accelerate and combine any of the hearings provided for in this subchapter. The Court may require the accelerated preparation of any court reports or waive the reports, except that any report required as a prerequisite to an out-of-home placement may not be waived.

DMR.1.10.050 Petition and Notice of Hearing

(a) Any petition under this subchapter shall be filed with the Children's Court, shall be made under oath, and shall include the following information if known: child's name, date of birth, parents' names, child's parents' last known addresses, and the names and addresses of all other affected persons. Any petition filed under this subchapter shall be signed under oath by the Director of the Behavioral Health Department or his or her designee.

(b) Any petition filed under this section shall cite the specific subsection of Section DMR.1.5.010 upon which the petitioner alleges jurisdiction, and shall allege the specific facts upon which the petitioner asserts jurisdiction exists. No petition shall be sufficient if it merely reiterates the language of the subsection invoked.

(c) Upon filing of a petition, the Clerk of Court shall prepare a notice which shall include notice of the time, date, and place of the initial hearing, and shall instruct any affected person that his or her rights and responsibilities may be affected by the Children's Court in the course of the proceedings. A copy of the petition and notice shall be served on all affected persons not later than twenty-four (24) hours in advance of the hearing. Upon request of the petitioner or order of a judge or magistrate, the Clerk of Court shall prepare a summons directing any parent with legal custody of a child to appear in Court and to produce the subject minor in Court.

(d) Petitions shall be served personally or by first class mail. In the case of a non-marital child, the petition shall be served on any man whose paternity has been adjudicated, or who has filed a declaration of paternal interest, or who is alleged in any paternity action to be the father, except if the child was conceived as a result of sexual assault. In the event an affected person who was not personally served does not appear at the initial hearing the Court may order a continuance and may order the person served personally or by certified mail, return receipt requested. The Children's Court may proceed in the absence of an affected person if it appears that actual service cannot practicably be made. If an individual claiming paternity appears, the Court may make an interim disposition pending a paternity determination based upon reasonable evidence where there are no competing interests or may make any other orders fashioned to serve the best interest of the child.

(e) No petition filed by the Behavioral Health Director or his or her designee shall be deemed insufficient on account of hearsay, provided that there is a sufficient indication in the petition of the declarant's reliability.

DMR.1.10.060 Initial Hearing

(a) Upon filing of a petition, the Children's Court shall schedule an initial hearing to be held within thirty (30) days of the date the petition was filed. All affected persons appearing at the initial hearing shall be served notice of subsequent hearings, either orally in Court on the record, by first class mail or by personal service. The Court may order additional persons to be served.

(c) At the initial hearing, the child and the parent, guardian or custodian shall be informed of their rights as follows:

(1) The right to remain silent, although the silence may be considered adversely against the party remaining silent.

(2) The right to confront and cross-examine witnesses.

(3) The right to an attorney or lay representative at the party's own expense.

(4) The right to subpoena and present witnesses.

(5) The right to have the allegations of the petition proven by clear and convincing evidence.

DMR.1.10.070 Plea Hearing

(a) The Children's Court shall set a date for a plea hearing no later than twenty (20) days from the date of the initial hearing.

(b) At the plea hearing, the Children's Court shall obtain the official positions of the interested parties as to whether they contest the allegations of the petition. If any of the interested parties contest the petition, the matter shall be set for an adjudication hearing in accordance with Section DMR.1.10.080(a) of this ordinance.

(c) The time limits imposed under this subchapter may be waived by all parties and approved by the judge. The plea, adjudicatory, and dispositional hearings may be combined upon approval of the judge and all interested parties.

DMR.1.10.080 Adjudicatory Hearing

(a) If the petition is contested, the Children's Court shall set a date for an adjudicatory hearing no later than forty-five (45) days from the date of the initial hearing.

(b) At the adjudicatory hearing, the Children's Court shall determine whether the subject child is within the jurisdiction of the Court pursuant to the allegations of the petition as shown by clear and convincing evidence.

(c) The Children's Court may order its jurisdiction over the child to extend for any period of time through one year from the date of a finding of jurisdiction.

DMR.1.10.090 Dispositional Hearing

(a) If no party contests the allegations of the petition or upon entry of an adjudication order, the Children's Court shall set a date for a dispositional hearing no later than thirty (30) days from the date of the initial hearing or the adjudication order.

(b) The Children's Court shall determine the disposition appropriate for the child at the Dispositional Hearing. The Behavioral Health Director or his or her designee and the petitioning party shall submit reports to the Court summarizing the child's personal history, the circumstances leading to the petition, the resources available and suitable to the child and family, the disposition recommended, and the rationale for the disposition. The report shall specify how the disposition is related to the circumstances leading to the petition and the role each affected person is expected to play in the removal of such circumstances in the future. Any other party may submit such a report. If a party requests an out-of-home placement for the child, the report shall enumerate the attempts made to prevent an out-of-home placement, and a statement describing the efforts that will be made to make it possible for the child to return home.

(c) All such reports shall be filed with the Children's Court no later than four (4) days prior to the dispositional hearing, unless all parties waive such time limit. The Clerk of Court shall provide copies to the child's guardian ad litem (if any) and counsel for any party, or directly to any party not represented by counsel, together with a notice requiring the recipient to bring the copy of the report to the dispositional hearing, and prohibiting the recipient from copying or allowing any copies of the report to be made. No additional copies shall be made.

(d) In considering an appropriate disposition, the Children's Court may consider any or all of the following factors:

(1) Special physical, intellectual, or emotional needs of the child;

(2) Social, cultural, or religious tradition of the child, the child's family, or the Tribe;

(3) Availability of resources within the child's extended family;

(4) The child's preference, if the child is over 12 years of age, and the recommendation of any guardian ad litem;

(5) The recommendation of the Behavioral Health Director or any person with an interest in the child;

(6) Recommendations of professionals experienced in services to children;

(7) Other factors calculated to meet the needs of the individual child and purposes of this chapter.

(e) The Children's Court may order disposition in any or all of the following ways:

(1) Participation of the child in a specified counseling, treatment, or educational program, which may include the use of traditional or culturally appropriate services or activities.

(2) Participation of the parent or custodian in a specified counseling, treatment, or educational program, which may include the use of traditional or culturally appropriate services or activities.

(3) Community service appropriate to the needs or abilities of the child.

(4) Out-patient alcohol, drug, or mental health treatment for the parent or child for specified purposes for a specified period of time.

(5) Inpatient AODA treatment for the child for specified purposes for a specified period of time.

(6) Any other disposition calculated to provide for physical, mental, emotional, or developmental needs of the child.

(7) Supervision of the child by the Behavioral Health Department.

(f) A dispositional order may be in effect for no longer than one (1) year.

(g) Any party to a proceeding under this chapter may seek and the Children's Court on its own motion may direct the Behavioral Health Director to seek enforcement of any Court order in any other appropriate Court.

(h) The Children's Court on its own motion may waive, and any party to a proceeding under this chapter may, by motion and for good cause shown, seek a waiver of, continuing jurisdiction over a child and refer a case to any other Court having jurisdiction in such a case.

(i) In any out-of-home placement of a child, the Court shall require testimony, or upon request of the petitioning party, accept a report describing the services available in lieu of testimony, and make the following findings:

(1) Reasonable and active efforts designed to prevent the necessity of out-of-home placement are appropriate and available and have been offered;

(2) The out of home placement is the least restrictive to meet the child's needs;

(3) Continued placement in the home would be contrary to the welfare of the child to remain; and

(4) The Behavioral Health Department will have placement and care responsibility of the child in question.

(j) Whenever the Children's Court orders a child to be placed outside the home, the Children's Court may make the referral described under Section DMR.1.3.120(b) of this ordinance.

(k) Whenever the Children's Court determines the child or the child's family needs Court ordered services beyond those stated in this subchapter, the Children's Court may make a referral to the Indian Child Welfare Department to initiate a Minor in Need of Care Petition under Subchapter DMR.1.5 of this ordinance.

(l) Whenever the Children's Court orders a child placed outside the home, legal custody of the child shall be retained by the parent or parents with legal custody unless the Court specifically orders otherwise, subject to the conditions and limitations imposed by the terms of the dispositional order.

DMR.1.10.100 Reviews, Extensions, and Modifications

(a) Review Hearings. A dispositional order shall be reviewed at the Children's Court's discretion, but at least every six months.

(1) The Legal Department shall motion the Court requesting a Dispositional Order Review Hearing with the Children's Court. The Legal Department shall serve copies of the motion to all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, except that the Children's Court may order additional parties served.

(2) Upon receiving the motion, the Children's Court shall set a Dispositional Order Review Hearing. The clerk shall serve notice of hearing date to all affected persons who parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties ordered by the Children's Court no later than seven (7) working days before the hearing if done by personal service and ten (10) working days if done by first class mail. The hearing so noticed will be on the merits of the motion unless the Children's Court otherwise provides.

(3) To assist the Children's Court, parties and guardian ad litem, the petitioning party must prepare, file and serve a court report, similar to those called for in Section DMR.1.10.090(a) of this ordinance, and under the same conditions as set forth in Section DMR.1.10.090(a) of this ordinance.

(b) Extension Hearings. At the close of the one year Dispositional Order, the Behavioral Health Director may request an extension of the Dispositional Order for a one year period.

(1) At any time in the last sixty (60) days of the period in which a dispositional order issued by the Children's Court or issued by another Court and subsequently transferred to the Court is effective, the Behavioral Health Director or his or her designee may motion the Court requesting a Dispositional Order Extension Hearing. Such motion shall be filed with the Court. The Legal Department shall serve copies of the motion to extend the dispositional order on all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, except that the court may order additional parties served.

(2) Upon receiving the request to extend the dispositional order, the Children's Court shall set a Dispositional Extension Order hearing. The clerk shall service notice of the hearing date to all affected persons who parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties ordered by the Court no later than seven (7) working days before the hearing if done by personal service and ten (10) working days if done by first class mail. The hearing so noticed will be on the merits of the motion unless the Court otherwise provides.

(4) In the event a motion for extension is filed within the time period specified in Section DMR.1.10.100(b)(1) above, the Children's Court may make such temporary extension orders as are necessary to preserve its jurisdiction and to protect the interests of the child pending a full hearing on the extension motion.

(5) The scope of inquiry at the hearing on an extension is whether the conditions that warranted the adjudication continue or whether new circumstances provide jurisdiction pursuant to Section DMR.1.10.040 of this ordinance. If an extension is sought on the ground of new circumstances, the circumstances justifying extended jurisdiction shall be alleged in the petition.

(6) A motion to extend a dispositional order may include a motion to modify the order.

(c) Modification Hearings. Upon motion by any person with an interest in the child who was a party to the original proceedings or the Behavioral Health Director, the Children's Court may, for good cause shown, modify a dispositional order any time during the effective period of the order sought to be modified.

(1) The Legal Department shall motion the Court requesting a Dispositional Order Modification Hearing with the Children's Court. The Legal Department shall serve copies of the motion to all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, except that the Court may order additional parties served. Such motion shall be filed with the Children's Court.

(2) Upon receiving the motion, the Children's Court shall set a Dispositional Order Modification Hearing. The clerk shall serve notice of hearing date to all affected persons who parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties ordered by the Children's Court no later than seven (7) working days before the hearing if done by personal service and ten (10) working days if done by first class mail. The hearing so noticed will be on the merits of the motion unless the Children's Court otherwise provides.

DMR.1.10.110 Change of Placement Hearings

(a) The Behavioral Health Director or his or her designee may request a change in placement of the child, whether or not the change requested is authorized in the dispositional order, as provided in Section DMR.1.10.080(b) of this ordinance.

(1) If the proposed change in placement would change the placement of a child placed in the home to a placement outside the home, the Behavioral Health Director shall motion the Children's Court requesting a Change of Placement Hearing. The request shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the Court. The request shall also contain specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, that the Behavioral Health Department has made reasonable and active efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns. The Legal Department shall serve copies of the motion to all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, except that the Court may order additional parties served. Such motion shall be filed with the Court.

(2) Upon receiving the motion, the Children's Court shall set a Change of Placement Hearing. The clerk shall serve notice of hearing date to all affected persons who parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties ordered by the Court no later than seven (7) working days before the hearing if done by personal service and ten (10) working days if done by first class mail. The hearing so noticed will be on the merits of the motion unless the Children's Court otherwise provides.

(3) If the proposed change of placement would change the placement of a child placed out of the home to inside the home, the Behavioral Health Director shall provide the Children's Court with a Notice of Chance of Placement. The Notice shall contain the name and address of the placement and the date on which the placement occurred. The Legal Department shall serve copies of the Notice to all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties the Children's Court ordered served.

Subchapter DMR.1.11 Guardian Ad Litem Code

DMR.1.11.010 Qualifications Guardian Ad Litem

(a) Once a guardian ad litem is listed on the Lac Courte Oreille's panel of approved guardians ad litem, the guardian ad litem must maintain eligibility by completing the mandatory guardian ad litem continuing legal education (CLE) approved courses as required by the Wisconsin Supreme Court Rules 35.03(1) and 36.03(1) which mandate a qualified GAL to attend at least six hours of GAL education approved courses each year.

(b) A guardian ad litem may remain on the approved Lac Courte Oreilles panel of approved guardians ad litem if the guardian ad litem has met the Wisconsin Supreme Court Rule 36 which allows for a guardian ad litem to obtain a lifetime qualification as a guardian ad litem once the guardian ad litem as obtained thirty credit hours of GAL education approved courses in his or her lifetime.

DMR.1.11.020 Guardian Ad Litem Duties

(a) A guardian ad litem shall be an attorney or trained advocate. Before being appointed as guardian ad litem, advocates shall demonstrate an understanding of the role of the guardian ad litem. Such understanding may be demonstrated by passing an examination administered by an interview conducted by the Chief Judge, Family Court, Judge or such other means determined by the Lac Courte Oreilles Tribal Court.

(b) Represent Best Interests. A guardian ad litem shall represent the best interest of the person for whom he or she is appointed. Representation of best interests may be inconsistent with the wishes of the person whose interest the guardian ad litem represents. The guardian ad litem shall not advocate on behalf of or advise any party so as to create in the mind of a reasonable person the appearance of representing that party as an attorney or an advocate.

(c) Maintain Independence. A guardian ad litem shall maintain independence, objectivity and the appearance of fairness in dealings with parties and professionals, both in and out of the courtroom.

(d) Professional Conduct. A guardian ad litem shall act in a manner consistent with the Rules of Professional Conduct of both the American Bar Association, State of Wisconsin, and the Lac Courte Oreilles Tribal Code of Law.

(1) The guardian ad litem may be subject to additional rules or requirements at the discretion of the Chief Judge in addition to those listed in TCT.2.8.030 pursuant to TCT.2.8.060.

(e) Avoid Conflicts of Interest. No person who is an interested party in a proceeding, appears as an attorney or advocate in a proceeding on behalf of any party, or is a relative or representative of an interested party may be appointed guardian ad litem in that proceeding. A guardian ad litem shall:

(1) Avoid any actual or apparent conflict of interest or impropriety in the performance of guardian ad litem responsibilities.

(2) Avoid self-dealing or association from which a guardian ad litem might directly or in-directly benefit, other than for compensation as guardian ad litem.

(3) Take action immediately to resolve any potential conflict or impropriety and advise the Court and the parties of action taken, resign from the matter, or seek Court direction as may be necessary to resolve the conflict or impropriety.

(4) Not accept or maintain appointment if the performance of the duties of guardian ad litem may be materially limited by the guardian's ad litem responsibilities to another client or a third person, or by the guardian's ad litem own interests.

(f) Treat parties with respect. A guardian ad litem is an officer of the Court and as such shall at all times treat the parties with respect, courtesy, fairness and good faith.

(g) Become informed about case. A guardian ad litem shall make active efforts to become informed about the facts of the case and to contact all parties. A guardian ad litem shall examine material information and sources of information, taking into account the positions of the parties

(h) Make requests for evaluations to Court. A guardian ad litem shall not require any evaluations or tests of any person except as required by Tribal Law or Court order issued following notice and opportunity to be heard.

(i) Limit duties to those ordered by Court. A guardian ad litem shall comply with the Court's instructions as set out in the order appointing a guardian ad litem, and shall not provide or require services beyond the scope of the Court's instruction unless by motion and on adequate notice to the parties, a guardian ad litem obtains additional instruction, clarification or expansion of the scope of such appointment.

(1) A guardian ad litem shall not be called as a witness in any proceeding or hearing in which he/she is a guardian ad litem, except where, with the Court's permission, clarification is requested regarding the guardian ad litem's report. In such case, testimony shall be restricted to that which is needed to clarify such report.

(j) Inform individuals about role in case. A guardian ad litem shall identify himself or herself as a guardian ad litem when contacting individuals in the course of a particular case and inform contacted individuals about the role of a guardian ad litem in the case at the earliest practicable time. A guardian ad litem shall advise information sources that the documents and information obtained may become part of Court proceedings.

(k) Appear at hearings. The guardian ad litem shall be given notice of all hearings and proceedings. A guardian ad litem shall appear at any hearing for which the duties of a guardian ad litem or any issues substantially within a guardian ad litem's duties and scope of appointment are to be addressed.

(l) Ex parte communication. A guardian ad litem shall not have ex parte communications concerning the case with the Judge(s) involved in the matter except as permitted by Court Rule or by Tribal Law.

(m) Maintain privacy of parties. As an officer of the Court, a guardian ad litem shall make no disclosures about the case or the investigation except in reports to the Court or as necessary to perform the duties of a guardian ad litem. A guardian ad litem shall maintain the confidential nature of identifiers or addresses where there are allegations of domestic violence or risk to a party's or child's safety. The guardian ad litem may recommend that the Court seal the report or a portion of the report of the guardian ad litem to preserve the privacy, confidentiality, or safety of the parties or the person for whom the guardian ad litem was appointed. The Court may, upon application, and under such conditions as may be necessary to protect the witnesses from potential harm, order disclosure or discovery that addresses the need to challenge the truth of the information received from the confidential source.

(n) Perform duties in timely manner. A guardian ad litem shall perform responsibilities in a prompt and timely manner.

(o) Maintain documentation. A guardian ad litem shall maintain documentation to substantiate recommendations and conclusions and shall keep records of actions taken by the guardian ad litem.

(1) A guardian ad Iitem shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the Court and provide a copy to each party or other entity responsible for payment.

(2) The Court may make provisions for fees and expenses pursuant to Tribal Law or Court Rule in the Order Appointing Guardian ad Litem or any subsequent order.

(p) At final paternity hearings, dispositional hearings and at other times when appropriate, the guardian ad litem shall provide a written report to the Court with his or her recommendations. The recommendations shall be based upon a full and independent investigation of the facts. The report shall include:

(1) The sources of information of the guardian ad litem;

(2) When home visits were done by the guardian ad litem and the results of the visits;

(3) Who the guardian ad litem interviewed including parents, relatives and professionals;

(4) Whether the guardian ad litem had contact with the child or children;

(5) Relevant provisions of the law; and

(6) The guardian ad litem's recommendation on the contested issues.

(q) The appointment of a guardian ad litem terminates upon the entry of the Court's final order or upon the termination of any appeal in which the guardian ad litem participates.

(r) As an officer of the Court, a guardian ad litem has only such authority conferred by the order of appointment. A guardian ad litem shall have the following authority:

(1) Access to party. Unless circumstances warrant otherwise, a guardian ad litem shall have access to the persons for whom a guardian ad litem is appointed and to all information relevant to the issues for which a guardian ad litem was appointed.

(A) The access of a guardian ad litem to the child and all relevant information shall not be unduly restricted by any person or agency

(B) When the guardian ad litem seeks contact with a party who is represented by an attorney or advocate, the guardian ad litem shall notify the attorney or advocate in advance of such contact. The guardian ad litem' s contact with the represented party shall be as permitted by the party's attorney or advocate, unless otherwise ordered by the Court.

(2) Timely receipt of case documents. Until discharged by Court order a guardian ad litem shall be timely furnished copies of all relevant pleadings, documents, and reports by the party which served or submitted them.

(3) Timely notification. A guardian ad litem shall be timely notified of all Court hearings, administrative reviews, investigations, dispositions, and other proceedings concerning the case by the person or agency scheduling the proceeding.

(4) Notice of proposed agreements. A guardian ad litem shall be given notice of, and an opportunity to indicate his or her agreement or objection to any proposed agreed order of the parties governing issues substantially related to the duties of a guardian ad litem.

(5) Participate in all proceedings. A guardian ad litem shall participate in Court hearings through submission of written and supplemental oral reports and as otherwise authorized by Tribal law or Court Rule.

(6) Access to records. Except as limited by law or unless good cause is shown to the Court, upon receiving a copy of the order appointing a guardian ad litem, any person or agency shall permit a guardian ad litem to inspect and copy any and all records and interview personnel relating to the proceeding for which a guardian ad litem is appointed. Examples of persons and agencies to whom this provision applies include but are not limited to any hospital, school, child care provider, organization, department of social and health services, doctor, health care provider, mental health provider, chemical health program, psychologist, psychiatrist, or law enforcement agency.

(7) Access to Court files. Within the scope of appointment, a guardian ad litem shall have access to all relevant Judiciary files. Access to sealed or confidential files shall be by separate order. A guardian ad litem's report shall inform the Court and parties if the report contains information from sealed or confidential files.

(A) The Clerk of Court shall provide certified copies of the order of appointment to a guardian ad litem upon request and without charge.

(s) Rights and powers. In every case in which a guardian ad litem is appointed, a guardian ad litem shall have the rights and powers set forth below. These rights and powers are subject to all applicable Tribal laws and Court Rules.

(1) File documents and respond to discovery. A guardian ad litem shall have the right to file pleadings, motions, notices memoranda, briefs, and other documents, and may, subject to the Trial Court's discretion, engage in and respond to discovery.

(2) Note motions and request hearings. A guardian ad litem shall have the right to make motions and request hearings before the Court as appropriate in the best interests of the person(s) for whom a guardian ad litem was appointed.

(3) Introduce exhibits, examine witnesses, and appeal. A guardian ad litem shall have the right, subject to the Court's discretion, to introduce exhibits, subpoena witnesses, and conduct direct and cross examination of witnesses.

(4) Oral argument and submission of reports. A guardian ad litem shall have the right to fully participate in the proceedings through submission of written reports, and, may with the consent of the Court present oral argument.

(t) Additional rights and powers in other cases. For good cause shown, a guardian ad litem may petition the court for additional authority.

DMR.1.11.030 Guardian Ad Litem Complaint

(u) A party to an active court case in which a guardian ad litem is appointed may submit a formal complaint about the performance of a guardian ad litem in a Court proceeding.

(v) The formal complaint must be in writing or by email.

(w) The formal complaint must be submitted during the case, and no later than thirty (3) days form the date of issuance of the final order or discharge of the guardian ad litem on the proceeding in question.

(x) The formal complaint must specify the alleged malfeasance of duty, including but not limited to the specific rule, law or ethical responsibility that the guardian ad litem violated.

(y) The formal complaint must specify whether or not the alleged malfeasance of duty was brought to the attention of the Court.

Chapter DMR.2 Domestic Relations Court Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Subchapter DMR.2.1 Jurisdiction

DMR.2.1.010 Domestic Relations Defined

Domestic relations matters include:

(a) Marriage

(b) Divorce.

(d) Custody and placement.

(e) Paternity.

(f) Grandparent Visitation.

(g) Child support.

(h) Annulment.

(i) Name change

(j) Adoption.

(k) Guardianship of children and adults and protective placement.

(l) Domestic abuse.

DMR.2.1.020 Jurisdiction over Domestic Relations Matters

The Tribal Court shall have jurisdiction over domestic relations matters where any party to the action, or any child who is the subject of an action, is a member of the Tribe or where any party, or any subject child, resides on the Reservation, subject to any additional requirements for each type of action set forth in this chapter.

DMR.2.1.030 Procedure

Where specific rules of procedure are not prescribed in this chapter, the rules set forth in the Tribal Court Code shall apply.

Subchapter DMR.2.2 Marriages

DMR.2.2.010 Valid Marriages

(a) Marriages consummated according to State law or tribal custom or tradition before the effective date of this Code are declared valid and binding by the Lac Courte Oreilles Band, but hereafter shall conform to the provisions of this Code.

(b) A valid marriage hereunder shall be constituted by:

(1) The issuance of a marriage license by the Lac Courte Oreilles Tribal Court or the State of Wisconsin and its completion by both parties to the marriage and its recording with the Clerk of Court, or

(2) The solemnization of the marriage by tribal tradition and custom, by a Judge within the territorial jurisdiction of the Lac Courte Oreilles Reservation, or by a spiritual leader or by a recognized member of the clergy or by a public official authorized to do so by the laws of any State is optional.

DMR.2.2.020 Marriage License

A marriage license shall be issued to an unmarried male and an unmarried female, upon their written application, by the Clerk of Court in the absence of any showing that the proposed marriage would be invalid under any provision of this Code or tribal custom and tradition. Both parties to the marriage must be eighteen (18) years or older. If either party to the marriage is under the age of eighteen (18), then that party must have written consent of the parent or legal guardian.

DMR.2.2.030 Solemnization

(a) In the event a judge, member of the clergy, tribal official or anyone authorized to do so solemnizes a marriage, the parties to the marriage shall file with the Clerk of Court a certification thereof within three (3) days of the solemnization. The validity of any marriage under this Code is not affected by the absence of a ceremony.

(b) When the parties to a marriage elect not to have a person as described above solemnize the marriage, they shall complete the marriage license and return it to the Clerk of Court and their marriage shall be effective as of the date the Clerk of Court receives the properly executed license.

DMR.2.2.040 Invalid or Prohibited Marriages

Marriages are prohibited or invalid under this Code:

(a) Where either party is lawfully married to another living spouse.

(b) Where either party has been divorced and the divorce is not yet final, or the waiting period for remarriage has not yet elapsed, under the law of the jurisdiction where the divorce was granted.

(c) Between ancestors and descendants of every degree, between a stepfather and stepdaughter or between a stepmother and stepson, between brother and sister, aunt and nephew, uncle and niece, and between first cousins, whether the relationship is of the half or whole blood and legitimate or illegitimate.

(d) Where the marriage is prohibited by custom and tradition of the Tribe.

DMR.2.2.050 Grounds for Annulment or Voidable Marriage

(a) A marriage may be voided or annulled by the Tribal Court for any one of the following reasons upon the application of one of the parties. No marriage may be annulled or held void except pursuant to judicial proceedings. No marriage may be annulled after the death of either party to the marriage. A court may annul a marriage entered into under the following circumstances:

(1) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of age, because of mental capacity or infirmity or because of influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress, or by fraud involving the essentials of marriage. Suit may be brought by either party, or by the legal representative of a party lacking the capacity to consent, no later than one year after the petitioner obtained knowledge of the described condition.

(2) A party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time marriage was solemnized the other party did not know of the incapacity. Suit may be brought by either party no later than one year after the petitioner obtained knowledge of the incapacity.

(3) A party was 16 or 17 years of age and did not have the consent of his or her parent or guardian or judicial approval, or a party was under 16 years of age. Suit may be brought by the under-aged party or a parent or guardian at any time prior to the party's attaining the age of 18 years, but a parent or guardian must bring suit within one year of obtaining knowledge of the marriage.

(4) The marriage is prohibited by the laws of the Tribe. Suit may be brought by either party within 10 years of the marriage, except that the 10 year limitation shall not apply where the marriage is prohibited because either party has another spouse living at the time of the marriage and the impediment has not been removed as follows:

(b) If a person during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, or that the former marriage has been annulled, or dissolved by a divorce, or without knowledge of such former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, they shall be held to have been legally married from and after the removal of such impediment and the issue of such subsequent marriage shall be considered as the marital issue of both parents.

Subchapter DMR.2.3 Divorce and Legal Separation

DMR.2.3.010 Effect of Divorce, Grounds

(a) Divorce is the dissolution of the bonds of matrimony between two married parties. Incident to the granting of a divorce, the Court may award property, assign responsibility for debts, set support, set maintenance, allocate child custody and child placement, restore either or both parties to a former surname, prohibit or restrict contact between the parties, and enter such other orders pertaining to the relationship of the parties as circumstances require. The Court may enter temporary orders pending a final hearing.

(b) The only ground for the dissolution of a marriage is that the parties are incompatible. The only defense to a petition for divorce is that the parties are not incompatible. Incompatibility is established when:

(1) The parties have voluntarily lived apart for 12 months or more and one party testifies that the parties are incompatible; or

(2) Both parties testify that they are incompatible; or

(3) Only one party testifies that the parties are incompatible, the parties have not voluntarily lived apart for 12 months or more, and the Court finds, based on all the circumstances, that there is no reasonable prospect the parties will reconcile.

DMR.2.3.020 Legal Separation

(a) Legal separation is the status where the respective rights and responsibilities of the parties to a marriage have been set forth in a judgment of separation entered by the Court. The Court may include in a judgment of separation or in any temporary separation order the same provisions as it may include in a proceeding for divorce, except that it may not dissolve the marriage.

(b) The only ground for legal separation is that the marriage is broken.

(c) Married parties who have separated are under no obligation to obtain a legal separation but may choose to do so if they cannot establish their respective rights and responsibilities without court involvement, or if either requires for any reason a court order that may be issued in a separation proceeding.

(d) If one party petitions the Court for legal separation, and the other party objects to the petition, the Court shall grant the petition if it finds that the marriage is broken.

(e) If one party petitions the Court for legal separation, and the other party petitions the court for divorce, the Court shall determine which petition to grant.

(f) At any time during the pendency of an action for legal separation, the parties may jointly petition the Court to convert the action to one for divorce.

(g) At any time after entry of a judgment of separation, the parties may jointly petition the court to convert the judgment to one of divorce.

(h) At any time after entry of a judgment of separation, the parties may jointly petition the court to vacate the judgment.

(i) Except as specifically provided in this chapter, the procedures applicable to divorce are applicable to legal separation.

DMR.2.3.030 Residency Requirement for Divorce or Legal Separation

A party may file a petition for divorce or legal separation where either party to the marriage has been a resident of the Reservation for at least 90 days.

DMR.2.3.040 Petition for Divorce or Legal Separation

(a) An action for divorce or legal separation may be commenced either by one party through a sole petition, or by both parties through a joint petition.

(b) The petition shall include the following information:

(1) The name, address, age, occupation, employer, and social security number of each party, the membership status of each party in the Tribe, and the length of each party's residence on the Reservation.

(2) The date and place of the marriage.

(3) The names and dates of birth of each living minor child of the parties, natural or adopted, and whether the wife is pregnant.

(4) Whether any other action for divorce or legal separation has ever been filed or is now pending in any court, and if so, the name and location of the court, and the current status of the proceeding.

(5) Whether the parties have entered into any agreements for custody or placement of children, division or property or allocation of debts, support, or maintenance.

(6) Whether the parties are incompatible, in a divorce petition, or whether the marriage is broken, in a separation petition.

(7) A statement of the relief requested.

(8) Where there are minor living children of the parties, the following information for each child must be stated under oath, either in the petition, or in an attached affidavit:

(A) The child's present address, the places the child has lived in the last five years, the names and present addresses of the persons with whom the child has lived during that period.

(B) Whether the party has participated as a party, witness, or in any other capacity in any other litigation in any court concerning the custody or placement of the child.

(C) Whether the party has any information about any other pending custody or placement case involving the child in any other court.

(D) Whether the party knows of any other person not a party to the action who has physical placement of the child and has or claims rights of placement or custody of the child.

(9) Where the petitioner does not have information as to any item required by this section, the petitioner shall so state.

DMR.2.3.050 Initial Order

Upon the filing of a petition, the Clerk of Court shall issue an initial order of the Judge or Magistrate, which may be pre-signed by the Judge or Magistrate, providing the following:

(a) Setting the date for an initial status conference before the Court, to occur no sooner than 30 days and no later than 75 days after the filing of the petition.

(b) Prohibiting both parties from engaging in any of the following acts, effective as to each party upon the receipt by the party of the initial order:

(1) Harassing, intimidating, physically abusing or imposing any restraint on the personal liberty of the other party or a minor child of either of the parties.

(2) Encumbering, concealing, damaging, destroying, transferring or otherwise disposing of property owned by either or both of the parties, without the consent of the other party or an order of the Court, except in the usual course of business, in order to secure necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.

(3) Without the consent of the other party or an order of the Court establishing a residence with a minor child of the parties more than 100 miles from the residence of the other party, removing a minor child of the parties from the child's residence for more than 14 consecutive days, or concealing a minor child of the parties from the other party.

(c) Requiring the parties to complete a financial disclosure statement, on forms supplied by the Court, and to file and provide a copy to the other party no fewer than five days before the initial status conference.

(d) Requiring the parties to participate in any of the following, as the Court may determine by rule:

(1) Mediation of any disputes.

(2) Education on the effects of divorce or separation on children.

(3) Joint drafting of a parenting plan.

DMR.2.3.060 Initial Status Conference

(a) The petitioner who accomplishes filing shall provide a copy of the petition and initial order on the other party within 15 days of filing. In the case of a sole petition, service on the respondent must be made as provided in Section TCT.2.9.020 of the Court Code. The judge or magistrate may extend time for service upon application by the petitioner for good cause.

(b) At the initial status conference the judge shall ascertain if there are any areas of dispute between the parties. The judge may require the parties to do any of the following:

(1) Clarify their positions orally at the conference or in writing at such time as the judge determines.

(2) Exchange information.

(3) Participate in the mediation of any dispute.

(4) Attend any educational program that may be of benefit to the parties or any children.

(5) Jointly draft a parenting plan or an agreement on any other issues requiring resolution.

(6) Exchange proposals for resolution of issues according to a method or timetable set by the judge.

(7) Enter such temporary orders as are necessary to protect children, the parties, or the marital estate (as defined in Section DMR.2.7.010) or establish a time for hearing on any such proposed temporary orders.

(8) Enter such other orders as may be included in a scheduling order under Section TCT.2.9.050.

(c) The judge shall set a date for a further status conference or final hearing as the circumstances warrant, or may conduct a final hearing under Section DMR.2.3.110.

DMR.2.3.070 Guardian Ad Litem

At any time during the pendency of a divorce or separation proceeding, if it becomes apparent that issues of placement or custody of a minor child will not be resolved by mutual agreement of the parties, the Court on its own motion or upon that of either party, may appoint a guardian ad litem to represent the best interests of the child.

DMR.2.3.080 Temporary Orders

At any time during the pendency of a divorce or separation proceeding, either party may, on motion and notice to the other party, seek a temporary order.

DMR.2.3.090 Suspension of Proceedings for Reconciliation

At any time during the pendency of a divorce or separation proceeding, the parties may by mutual agreement suspend such proceedings. If they obtain an order of the Court effectuating such suspension then the period of reconciliation approved by the Court may not be used to rebut the allegation that parties are incompatible or that the marriage is broken. The Court may approve a suspension of proceedings for no more than 90 days with a renewal, upon mutual request of the parties, for no more than 90 days.

DMR.2.3.100 Dismissal for Failure to Prosecute

The court on its own motion, or on the motion of either party, may dismiss a divorce or separation proceeding if no action in the case has occurred in one year.

DMR.2.3.110 Final Hearing

(a) No divorce or legal separation may be brought to final hearing before the expiration of 60 days from (1) the filing of a joint petition or (2) the service on the respondent of the petition and initial order in a case initiated by a sole petition. Where the Court finds that the health or safety of either of the parties or of any child requires the final hearing to be held sooner, or that another emergency reason requires the final hearing to be held sooner, the Court may waive the requirement of a waiting period.

(b) The final hearing may be combined with the initial status conference if the parties consent, if the court approves, and if the waiting period has expired.

(1) Determine if grounds for divorce or separation exist.

(2) Receive and review any agreements of the parties, and shall approve them if they are fair and equitable to the parties, if they are based on full disclosure between the parties of relevant facts, and if they meet the best interests of the children, if any, of the parties. No agreement for placement or custody of a minor child shall be approved unless it specifically sets forth the child support obligations of the parties and the responsibility for providing health insurance to the minor child and for the payment of the minor child's health expenses uncovered by insurance. No agreement for placement or custody of a minor child shall be approved unless it meets the requirements of a parenting plan approved by court rule.

(3) If any issue is contested, either refer the parties to further discussion or mediation and adjourn the hearing, or conduct a trial on the contested issue. In any contested matter, the Court shall apply the standards for custody, placement, child support, maintenance, division of property, assignment of debts, and award of attorney fees and costs as set forth in Subchapter IV - X.

(4) Find facts and make conclusions of law as relevant to the petition.

(5) Grant or deny the petition and render judgment thereon, including in the judgment those matters as called for in the circumstances. The Court shall orally advise the parties and include in the judgment advice of relevant state criminal law provisions related to the withholding of placement and interfering with custody and placement. The Court shall also orally advise the parties and include in the judgment advice of the provisions of Section DMR.2.3.130, related to remarriage after divorce.

DMR.2.3.120 Vacating Divorce Judgment

At any time within six (6) months of entry of a judgment of divorce, the parties may by mutual petition, request that the divorce judgment be vacated. Vacating the divorce judgment does not affect any division of property, or payment of debts, support, or maintenance that has already occurred, or, unless specifically requested, any name change included in the divorce judgment, but does terminate any prospective obligations of the parties as set forth in the judgment, including but not limited to future support and maintenance, obligations for unpaid bills, and custody and placement.

DMR.2.3.130 Remarriage After Divorce

Any marriage entered into on the Reservation or anywhere else by any party who has been divorced under this chapter shall be void unless entered into no less than six (6) months after entry of the divorce judgment.

Subchapter DMR.2.4 Child Custody and Placement

DMR.2.4.010 Definitions

(a) "Legal custody" means the right and responsibility to make major decisions concerning the child, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order.

(b) "Joint legal custody" means the condition under which both parties share legal custody and neither party's legal custody rights are superior, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order.

(d) "Major decisions" includes, but is not limited to, decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator's license, authorization for non-emergency health care and choice of school and religion.

(e) "Physical placement" means the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by a person having legal custody. The word "placement" may be used in lieu of "physical placement."

DMR.2.4.020 When a Parent May Seek a Custody or Placement

A parent may seek custody or placement if:

(a) The Reservation is the domicile of the child at the time of commencement of the proceeding, or had been the child's domicile within six months before commencement of the proceeding and the child is absent from the Reservation because of removal or retention by a person claiming custody or for any other reason, and a parent or person acting as parent continues to live on the Reservation; or

(b) It is in the best interest of the child that this Court assume jurisdiction because the child and parents, or the child and at least one contestant, have a significant connection with the Reservation, and there is available on or near the Reservation substantial evidence concerning the child's present or future care, protection, training and personal relationships; or

(c) The child is physically present on the Reservation and has been abandoned or it is necessary in an emergency to protect the child because of mistreatment, abuse, or neglect, or the threat thereof, or dependence, or

(d) No other Court outside this Reservation has jurisdiction under prerequisites substantially in accordance with paragraph (1), (2), or (3), or another jurisdiction has declined to exercise its jurisdiction on the ground that this Court is the more appropriate forum to determine custody of the child, and it is in the child's best interest that this Court assume jurisdiction.

DMR.2.4.030 Physical Presence of Child

(a) Except under subsections (3) and (4), physical presence on the Reservation of the child or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on the Tribal Court to make a child custody determination.

(b) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his/her custody.

DMR.2.4.040 Tribal/State Court Protocol

The Court will not exercise jurisdiction under this chapter where the child is lawfully under the jurisdiction of another court, unless the other court transfers jurisdiction, or unless, where the other court is a Wisconsin circuit court and has adopted the Wisconsin Tribal/State Court Protocol for the Judicial Allocation of Jurisdiction, the Tribal Court determines to exercise jurisdiction pursuant to the standards and procedures of the Protocol.

DMR.2.4.050 Action for Custody, Placement, Visitation, and Guardianship

A parent may seek custody and placement in a proceeding for divorce, separation, or paternity, or in an independent action for custody and placement. A grandparent or another person may seek visitation rights pursuant to Subchapter DMR.2.16. Any person may seek guardianship pursuant to Subchapter DMR.2.17. A petition for custody or placement will conform to the extent applicable to the petition for divorce or legal separation and the procedure for the resolution of such a petition will conform to the extent applicable to the procedure for divorce or legal separation, except that no waiting period is required prior to a final hearing.

DMR.2.4.060 Custody and Placement Factors

(a) In determining any contested issue of custody and placement, the Court shall consider all relevant factors, including:

(1) The wishes of the child's parent or parents.

(2) The wishes of the child.

(3) The interaction and inter-relationship between the child and parent or parents, siblings, and any other person who may significantly affect the child's best interest.

(4) he child's adjustment to home, school and community.

(5) The mental and physical health of all individuals involved.

(b) Both parents are entitled to reasonable placement rights unless the Court finds, after a hearing, that placement periods with one or both parents would seriously endanger the child's physical, mental, moral, or emotional health.

DMR.2.4.070 Modification of Custody and Placement Order

(a) The Court may modify an order granting or denying custody or placement rights whenever modification would serve the best interest of the child, but no motion to modify a custody or placement order may be made earlier than one year after its date, unless the Court finds the child's present environment may seriously endanger the child's physical, mental, moral, or emotional health. The Court may appoint a guardian ad litem before considering a contested motion for modification.

(b) Fees of attorneys or lay advocate and costs, including guardian ad litem fees, shall be assessed against a party seeking modification if the Court finds that the modification action is pursued in bad faith and/or constitutes harassment.

Subchapter DMR.2.5 Maintenance

DMR.2.5.010 Grounds for Maintenance Award

In a proceeding for divorce or legal separation, the Court may grant a maintenance order for either spouse only if it finds:

(a) The spouse seeking maintenance lacks sufficient income to provide for his or her reasonable needs, and is unable to support himself or herself through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home; or

(b) The spouse seeking maintenance has contributed to the financial condition of the other spouse to the other spouse's benefit, and an award of maintenance is necessary to meet the support needs of the spouse seeking maintenance and to fairly recognize the contributions of both spouses to the financial condition of the other spouse.

DMR.2.5.020 Maintenance Factors

The maintenance award shall be in such amounts and for such periods of time as the Court deems just, without regard to marital misconduct, and after considering all relevant factors, including:

(a) The financial resources of the party seeking maintenance, and his or her ability to meet his or her needs independently.

(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment.

(d) The duration of the marriage.

(e) The age and the physical and emotional condition of the spouse seeking maintenance.

(f) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.

(g) Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

(h) The ability of the spouse seeking maintenance to earn a living separate from the other spouse.

(i) The tax consequences to each party.

Subchapter DMR.2.7 Division of Property and Assignment of Debts

DMR.2.7.010 Policy for Division of Property and Assignment of Debts

It is the policy of the Tribe to recognize that both spouses in a marriage contribute to the financial well-being of the marriage, sometimes by working, and sometimes by staying home and taking care of children, the household, or other family obligations. Upon dissolution of a marriage, the contributions of both spouses must be recognized.

DMR.2.7.020 Definition

The "marital estate" is the income and assets accumulated by the spouses during their marriage, not including gifts or inheritances received by one spouse individually during the marriage. The marital estate does not include individually owned property brought into the marriage by each spouse, but does include income, interest, dividends or increase in value earned by that property during the marriage. The marital estate is reduced by the debts incurred by the parties during the marriage, but not by the individual debts of the parties brought into the marriage, which remain the individual responsibility of the individual who incurred the debt. The Court may determine the extent to which debts incurred individually by one spouse after separation reduce the marital estate. The title by which property or debt is held is not determinative of whether it is part of the marital estate. The parties may, by marital property agreement freely entered into upon full disclosure, modify their marital estate and provide for the division of property and assignment of debts in the event of divorce or separation.

DMR.2.7.030 Equal Division Presumed

In any divorce or separation proceeding, the Court shall presume that an equal division of the marital estate between the parties, taking into account the debts assumed by each and the property awarded to each, is consistent with the policy stated in subsec. (a) and with fairness and equity to the parties. The Court may deviate from this presumption for good cause.

Subchapter DMR.2.8 Payment of Maintenance or Support

DMR.2.8.010 Payments to the Clerk of Court or LCO Child Support Program

(a) Upon its own motion or upon motion of either party, the Court may order at any time that child support payments be made to the LCO Child Support Program for remittance to the person entitled to receive payments.

(b) For cases where child support and maintenance are ordered by the Court, payments for both obligations will be made to the LCO Child Support Program for remittance to the person entitled to receive the payments.

(1) For receiving and disbursing maintenance payments involving minor children and child support payments, including payment for arrears or fees, LCO Child Support Program will not charge a receipt and disbursement processing fee.

(c) For cases where maintenance payments are ordered by the Court wherein no minor children are involved, payments will be made to the Clerk of Court for remittance to the person entitled to receive the payment.

(1) The Court may order the payor to also remit annually to the Clerk of Courts a receiving and disbursing fee of $50.

DMR.2.8.020 Payment Record

LCO Child Support Program shall maintain records listing the amount and type of obligation ordered, the amount of payments, the date payments are due and the date received, the balance of each account debt, and the names and addresses of the parties affected by the order.

DMR.2.8.030 Change of Address

The parties affected by the order shall inform LCO Child Support Program and the Clerk of Court of any change of address within ten (10) days of such change.

DMR.2.8.040 Failure to Pay

If a person obligated to pay support or maintenance fails to do so the LCO Child Support Program or any party entitled to such maintenance or support may institute an action requesting:

(a) An order for the payor to show cause why he or she should not be subject to contempt of court.

(b) A finding of contempt of court may include enforcement options including, but not limited to, the opportunity for the payor to purge him or herself of the contempt finding or incarceration.

DMR.2.8.050 Wage Assignment for Support or Maintenance

(a) Each order for child support or maintenance payments constitutes an assignment to the intended recipient of the support or maintenance of all income as described in Section DMR.6.6.050(a) which includes commissions, earnings, salaries, wages, pension benefits, workers compensation or unemployment insurance benefits, lottery prizes that are payable in installments and other money due or to be due in the future. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 65% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not exceed the amounts allowed to be intercepted for child support purposes pursuant to the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b)).

(b) Each individual ordered to pay child support or maintenance shall, under oath and under penalty of contempt of court, at the time of the order disclose to the court and the recipient of the child support or maintenance all of his or her sources of income, including the names and addresses of all payors of income to him or her. Such individual shall thereafter notify the Clerk of Court and LCO Child Support Program of any change of employer or addition or loss of source of income within ten (10) days of such change.

(c) LCO Child Support Program shall prepare and send to each employer and source of income a Notice of Income Withholding Order, using the federal form as required under 45 CFR 309.110, in an amount sufficient to ensure payment as provided in subsec. (a).

(1) The individual ordered to pay child support or maintenance wherein minor children are involved shall pay his or her obligation directly to the LCO Child Support Program until during any period of time when a wage withholding is not effectuated by an employer or other source of income.

(2) The individual ordered to pay maintenance wherein no minor children are involved shall pay his or her obligation directly to the Clerk of Court until during any period of time when a wage withholding is not effectuated by an employer or other source of income.

(d) Any employer or other source of income who receives an Income Withholding Order may deduct from each payment a sum not exceeding five (5) dollars as reimbursement for costs.

(e) Should an income withholding order not be in place immediately, the LCO Child Support Program must immediately issue a Notice of Income Withholding Order to the employer should the payor become delinquent equal to the support for one month.

(f) LCO Child Support Program will promptly terminate the income withholding order where there is no longer a current order for child support and all arrearages have been satisfied.

(g) LCO Child Support Program will promptly refund any amounts which have been improperly withheld.

(h) An employer shall not discharge or otherwise discipline an employee solely as a result of a wage or salary assignment authorized by this section.

(i) Should an employer fail to withhold child support payments pursuant to the terms of the income withholding order and remit said payments to the LCO Child Support Program within five (5) days of the pay period, the employer shall be responsible to pay the amounts that should have been withheld.

(j) The Court shall enforce a valid income withholding order made by another jurisdiction and shall not make modifications to that order except as allowed by applicable law. The Tribal Court is not required to honor any wage withholding order from a foreign jurisdiction unless said order has been submitted to the LCO Child Support Program who will register and file said order with the Court as a full faith and credit order.

Subchapter DMR.2.9 Modification of Financial and Property Provisions

DMR.2.9.010 Child Support

(a) A child support order may be revised upon on a showing of a substantial change of circumstances. A substantial change in circumstances includes, but is not limited to, the following:

(1) An increase or decrease of annual income of 5% or more;

(2) A change in the placement of the child;

(3) A change in the overnight visitation of the child 92 overnight visits or more; and/or

(4) A finding of physical or mental disability of the payor.

(b) If a party is seeking a modification they shall first complete and submit a Request for Review with the LCO Child Support Enforcement Program. The LCO Child Support Program shall first attempt to reach an agreement for modification with both parties and submit a Stipulation and Order to the Tribal Court. Should these efforts fail, the LCO Child Support Program shall file a Motion for Review and Modification with the Tribal Court and a hearing will be scheduled.

DMR.2.9.020 Maintenance

(a) Maintenance if not awarded at the final divorce hearing is waived forever.

(b) Maintenance if awarded at the final divorce hearing may be revised upon a showing of a substantial change of circumstances.

DMR.2.9.030 Property and Debt

Property division and assignment of debts may not be revised.

DMR.2.9.040 Death, Remarriage

(a) Unless otherwise agreed in writing or expressly provided in the judgment, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

(b) Unless otherwise agreed in writing or expressly provided in the judgment, provisions for the support of the minor child are not terminated by the death of a parent obligated to support the child. When a parent obligated to pay support dies, the amount of support may be modified, revoked or commuted to a lump sum payment to the extent just and appropriate in the circumstances.

Subchapter DMR.2.10 Costs and Attorney Fees

DMR.2.10.010 Costs and Attorney Fees to Equalize Advantage

The Court may award costs and attorney fees, in a temporary order or a final judgment, if the party seeking fees has need of the fees to equalize the parties' ability to pursue relief in the action, if the party asked to pay the fees can afford the fees, and if the fees requested are reasonable.

DMR.2.10.020 Costs and Attorney Fees as Sanction

The Court may award costs and attorney fees, in a temporary order or a final judgment, if the party seeking the fees has been compelled to incur attorney fees or costs to enforce a previously issued court order that the other party has unreasonably failed to obey, or if the party seeking the fees has been compelled to incur attorney fees or costs to defend against any action prohibited by Section TCT.2.9.040(c).

Subchapter DMR.2.13 Visitation Rights for Grandparents and Others

DMR.2.13.010 Purpose

The purpose of this section is to preserve the opportunity of children who are members of the Tribe, or eligible for membership in the Tribe, to form and maintain meaningful relationships with grandparents, stepparents, and others who play an important role in their care, development, education, or nurturance.

DMR.2.13.020 Visitation Rights

Upon petition by a child's grandparent, great-grandparent, stepparent, aunt, uncle, or other person with an interest in the child, except a parent, the Court may order visitation rights with the child.

DMR.2.13.030 Procedure

The Clerk of Court shall schedule a hearing on the petition to be held within 60 days of its filing. A copy of any petition filed under this section shall be served on each of the child's parents, and any guardian other than a parent, together with a notice of hearing which specifies that the hearing shall be on the merits of the petition and that the court may make a visitation award at the close of the hearing. A guardian ad litem shall be appointed in all cases upon the filing of a petition under this section, unless the visitation order is stipulated to by the petitioner, the child's parents, and any other guardian.

DMR.2.13.040 Standards

The Court may order visitation rights if it finds that such an order would be in the best interests of the child. The Court shall take into account the following factors:

(a) The family relationship of the petitioner to the child, provided that visitation rights may be awarded notwithstanding the death or termination of parental rights of either or both of the child's parents.

(b) The length and quality of the relationship of the petitioner with the child.

(c) The family relationship, and length and quality of the relationship, between the petitioner and each of the child's parents and any other guardian.

(d) The nature of each of the parent's and other guardian's relationships with the child, and the parents' and guardians' ability to provide appropriate care to the child without visitation by the petitioner.

(e) The relationship between the child's parents, provided that visitation rights may be awarded whether or not the parents' relationship is intact.

(f) The child's wishes, taking into account the age of the child.

(g) The benefits and detriments to the child of awarding visitation rights to the petitioner.

(h) The feasibility of fashioning an award of visitation rights while minimizing interference with the parents' custodial rights.

(i) Such other factors as the Court deems appropriate.

DMR.2.13.050 Order

(a) Within 30 days of the hearing, the Court shall grant or deny the petition, or grant the petition conditionally or with such modifications as are in the best interest of the child. All orders shall be in writing and shall specify to the greatest extent practicable the particular rights, if any, that are awarded.

(b) An order may award visitation rights under the circumstances prevailing at the time of the order, and may also award contingent visitation rights under circumstances that may reasonably be expected to occur at a future time, provided that any such award of contingent rights is reviewable under Section DMR.2.13.040(f).

(c) Any person served with a copy of a notice and petition under subsec. (c), and with a copy of an order under this section, shall be required to comply with the terms of the order, and may be proceeded against for contempt of court for any interference therewith.

DMR.2.13.060 Guardian Ad Litem Fees

The Court may order the petitioner, parent, guardian, or any of them, to contribute to the payment of the guardian ad litem fees.

DMR.2.13.070 Modifications

Any order issued under this section may be modified upon motion, notice, and hearing, or upon the agreement of all parties.

Subchapter DMR.2.16 Name Changes

DMR.2.16.010 Applicability

Any member of the Tribe who is a resident on any reservation or trust lands of the Tribe may petition the Tribal Court to change his or her name according to the procedures in this chapter.

DMR.2.16.020 Who May Petition

(a) Change of name for an adult. Any adult 18 years of age or older may file a petition to change his or her name.

(b) Change of name for a child 14 years of age or older. Any child 14 years of age or older may file a petition to change his or her name, subject to the notice requirements provided in this chapter.

(1) When a child is a marital child whose parents are married to each other at the time of the petition, both parents must petition to change the child's name.

(2) When a child's parents are not married to each other at the time of the petition but have a divorce, paternity, or other judgment establishing their joint custody of the child, both parents must petition to change the child's name.

(3) When one parent is deceased, or has had his or her parental rights terminated by court order, and the remaining parent has custody and placement of the child, that parent may petition to change the child's name.

(4) In all cases other than those described in subsections (b) and (c)(1) - (3) of this section, the parent who is the legal custodian of the child, or the guardian of the child, may petition to change the child's name, subject to the notice requirements provided in this chapter.

DMR.2.16.030 Filing Fee

The clerk of court shall collect from petitioner at the time the petition is filed a filing fee as set by court rule.

DMR.2.16.040 Contents of Petition

The petition shall contain the following information:

(a) The full name, place of birth, date of birth, age, current address of the subject of the name change.

(b) That the subject of the name change is a member of the Tribe and resides on the Reservation.

(c) If the subject of the name change is a child under the age of 14 years, the full name and address of the petitioner, and the relationship of the petitioner to the subject of the name change.

(d) If the subject of the name change is a child under the age of 14 years, the names and addresses of both of the child's parents, whether the parents are married to each other, the custodial and physical placement relationship of each parent to the child if the parents are not married to each other, whether or not the child has a guardian other than either or both of the parents, and whether either parent is deceased or has had his or her parental rights terminated. If any court has entered any order affecting the custody, physical placement, guardianship, or parental rights to the child, a copy of such order shall be attached to the petition.

(e) The reason for the name change.

(f) The proposed name change.

(g) Whether or not the adult subject of the name change possesses a professional license, other than a teaching license, issued under his or her current name, and whether or not the licensing agency has made any determination that the proposed change of name would allow unfair competition with another practitioner or would mislead the public.

DMR.2.16.050 Notice of Proposed Name Change

(a) Notice of the proposed name change shall be published by the petitioner once each week for three consecutive weeks in a newspaper of general circulation in the area of petitioner's residence.

(b) Notice of any petition filed under Section DMR.2.16.020(b) and Section DMR.2.16.020(c)(4) shall be served no later than ten days before the hearing on any living non-petitioning parent or guardian, except that no notice need be served on any parent whose parental rights have been terminated by court order. Service may be by any method permitted under Section TCT.2.9.020 of the Court Code, or by certified mail, return receipt requested.

(1) The name of the subject of the name change and the name of the petitioner, if different.

(2) The proposed change of name.

(3) The date, time, and place of the hearing on the name change.

(4) Advice that anyone wishing to object to the name change must appear at the date, time, and place given.

(5) The date and signature of the Clerk of Court or Deputy Clerk of Court.

DMR.2.16.060 Hearing on Name Change

At the date, time, and place set for hearing, the Court shall determine whether or not the petition shall be granted.

DMR.2.16.070 Order for Name Change

(a) If the court determines that the petition should be granted, the Court shall enter an order so doing.

(b) If the person whose name was changed was born or married in the State of Wisconsin, the Clerk of Court shall send to the State of Wisconsin registrar of vital statistics an abstract of the order, on forms provided by the registrar. The fee for filing the abstract shall be collected from petitioner by the clerk.

(c) If the person whose name was changed was born or married in a state other than Wisconsin, the Clerk of Court shall send forms to the appropriate vital statistics agency at the request and expense of the petitioner, upon the petitioner's supplying any requested information to the Clerk of Court.

(d) The petition may obtain as many certified copies of the order as desired upon payment of the fees as set by the Court pursuant to Section TCT.2.15.010.

Subchapter DMR.2.17 Domestic Abuse Restraining Orders and Injunctions

DMR.2.17.010 Definitions

(a) "Domestic abuse" means any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common:

(1) Intentional infliction of physical pain, physical injury or illness.

(2) Intentional impairment of physical condition.

(3) A violation of the sexual assault prohibitions contained in sec. 940.225(1), (2) or (3), Wisconsin Statutes.

(4) A threat to engage in the conduct under subd. 1, 2 or 3.

(b) "Family member" means a spouse, a parent, a child or a person related by consanguinity to another person.

(d) "Reservation" means the Lac Courte Oreilles Reservation.

(e) "Tribal court" means the Lac Courte Oreilles Tribal Court.

(f) "Tribal order or injunction" means a temporary restraining order or injunction issued by the Lac Courte Oreilles Tribal Court under this section.

(g) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(h) "Chief of police" or "chief" means the Tribe's chief law enforcement officer.

DMR.2.17.020 Commencement of Action and Response

(a) Any person living on the Reservation may commence an action under this chapter as long as either the petitioner or respondent or both is a member of the Tribe.

(b) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under Section DMR.2.17.060(a). The action commences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. If the judge extends the time for a hearing under Section DMR.2.17.040(c) and the petitioner files an affidavit with the court stating that personal service by the sheriff or the chief of police or a private server in the manner provided by sec. 801.11 (1) (a) or (b), Wis. Stats., was unsuccessful because the respondent is avoiding service by concealment or otherwise, the petitioner may serve the respondent by publication of the petition in the manner provided for a class 1 notice under ch. 985, Wisconsin Statutes, and by mailing if the respondent's post-office address is known or can with due diligence be ascertained. The mailing may be omitted if the post-office address cannot be ascertained with due diligence.

(c) No security need be posted by a petitioner seeking a restraining order or injunction under this chapter. The respondent may respond to the petition either in writing before or at the hearing on the issuance of the injunction or orally at that hearing.

(d) TWO-PART PROCEDURE. Procedure for an action under this chapter is in two parts. First, if the petitioner requests a temporary restraining order the court shall issue or refuse to issue that order. Second, the court shall hold a hearing under Section DMR.2.17.040 on whether to issue an injunction, which is the final relief. If the court issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction. If the court does not issue a temporary restraining order, the date for the hearing shall be set upon motion by either party.

DMR.2.17.030 Temporary Restraining Order

(a) A judge or magistrate shall issue a temporary restraining order ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par. 2 (a), or any premises temporarily occupied by the petitioner or both, or to avoid contacting or causing any person other than a party's attorney to contact the petitioner unless the petitioner consents in writing, or any combination of these remedies requested in the petition, if all of the following occur:

(1) The petitioner submits to the judge or magistrate a petition alleging the elements set forth under Section DMR.2.17.060(a).

(2) The judge or magistrate finds reasonable grounds to believe that the respondent has engaged in, or based on prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner. In determining whether to issue a temporary restraining order, the judge or magistrate shall consider the potential danger posed to the petitioner and the pattern of abusive conduct of the respondent but may not base his or her decision solely on the length of time since the last domestic abuse or the length of time since the relationship ended. The judge or magistrate may grant only the remedies requested or approved by the petitioner.

(b) If the petitioner and the respondent are not married, the respondent owns the premises where the petitioner resides and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or magistrate may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.

(c) Notice need not be given to the respondent before issuing a temporary restraining order under this subsection. A temporary restraining order may be entered only against the respondent named in the petition.

(d) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under Section DMR.2.17.040. The temporary restraining order is not voided if the respondent is admitted into a dwelling that the order directs him or her to avoid. A judge or magistrate shall hold a hearing on issuance of an injunction within 7 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 14 days upon a finding by a judge or magistrate that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence.

(e) The judge or magistrate shall advise the petitioner of the right to serve the respondent the petition by published notice if with due diligence the respondent cannot be served in the manner provided by secs. 801.11 (1) (a) or (b), Wis. Stats. The clerk of court shall assist the petitioner with the preparation of the notice and filing of the affidavit of printing.

DMR.2.17.040 Injunction

(a) A judge or magistrate may grant an injunction ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or to avoid contacting or causing any person other than a party's attorney to contact the petitioner unless the petitioner consents to that contact in writing, or any combination of these remedies requested in the petition, if all of the following occur:

(1) The petitioner files a petition alleging the elements set forth under Section DMR.2.17.060(a).

(2) The petitioner serves upon the respondent a copy of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.

(3) After hearing, the judge or magistrate finds reasonable grounds to believe that the respondent has engaged in, or based upon prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner. In determining whether to issue an injunction, the judge or magistrate shall consider the potential danger posed to the petitioner and the pattern of abusive conduct of the respondent but may not base his or her decision solely on the length of time since the last domestic abuse or the length of time since the relationship ended. The judge or magistrate may grant only the remedies requested by the petitioner.

(c) The judge or magistrate may enter an injunction only against the respondent named in the petition. No injunction may be issued under this subsection under the same case number against the person petitioning for the injunction. The judge or magistrate may not modify an order restraining the respondent based solely on the request of the respondent.

(d)(1) An injunction under this section is effective according to its terms, for the period of time that the petitioner requests, but not more than 2 years. An injunction granted under this section is not voided by the admittance of the respondent into a dwelling that the injunction directs him or her to avoid.

(2) When an injunction granted for less than 2 years expires, the court shall extend the injunction if the petitioner states that an extension is necessary to protect him or her. This extension shall remain in effect until 2 years after the date the court first entered the injunction.

(3) Notice need not be given to the respondent before extending an injunction under Section DMR.2.17.020. The petitioner shall notify the respondent after the court extends an injunction under Section DMR.2.17.020.

DMR.2.17.050 Notice of Restriction on Firearm Possession; Surrender of Firearms

(a) An injunction issued under Section DMR.2.17.040 shall do all of the following:

(1) Inform the respondent named in the petition of the requirements and penalties under sec. 941.29, Wis. Stats.

(2) Except as provided in par. (2) (a), require the respondent to surrender any firearms that he or she owns or has in his or her possession to the chief of police, to the sheriff of the county in which the respondent resides, or to another person designated by the respondent and approved by the judge or magistrate. The judge or magistrate shall approve the person designated by the respondent unless the judge or magistrate finds that the person is inappropriate and places the reasons for the finding on the record. If a firearm is surrendered to a person designated by the respondent and approved by the judge or magistrate, the judge or magistrate shall inform the person to whom the firearm is surrendered of the requirements and penalties under sec. 941.29 (4), Wisconsin Statutes.

(A) If the respondent is a peace officer, an injunction issued under Section DMR.2.17.040 may not require the respondent to surrender a firearm that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

(B) 1. When a respondent surrenders a firearm under par. (a) 2. to the chief of police or a sheriff, the chief or sheriff who is receiving the firearm shall prepare a receipt for each firearm surrendered to him or her. The receipt shall include the manufacturer, model and serial number of the firearm surrendered to the chief or sheriff and shall be signed by the respondent and by the chief or sheriff to whom the firearm is surrendered.

(3) The chief of police or the sheriff shall keep the original of a receipt prepared under par. (b) (1) and shall provide an exact copy of the receipt to the respondent. When the firearm covered by the receipt is returned to the respondent under par. (d), the chief or sheriff shall surrender to the respondent the original receipt and all of his or her copies of the receipt.

(4) A receipt prepared under par. (b) (1) is conclusive proof that the respondent owns the firearm for purposes of returning the firearm covered by the receipt to the respondent under par. (d).

(5) The chief or police or sheriff may not enter any information contained on a receipt prepared under par. (b) (1) into any computerized or direct electronic data transfer system in order to store the information or disseminate or provide access to the information.

(b) The chief of police or a sheriff may store a firearm surrendered to him or her under par. (a) 2. in a warehouse that is operated by a public warehouse keeper licensed under ch. 99 of the Wisconsin Statutes. If the chief or a sheriff stores a firearm at a warehouse under this paragraph, the respondent shall pay the costs charged by the warehouse for storing that firearm.

(c) A firearm surrendered under par. (a) 2. may not be returned to the respondent until a judge determines all of the following:

(1) That the injunction issued under Section DMR.2.17.040 has been vacated or has expired and not been extended.

(2) That the person is not prohibited from possessing a firearm under any tribal, state or federal law or by the order of the Tribal Court or any federal court or state court, other than an order from which the judge is competent to grant relief.

(d) If a respondent surrenders a firearm under par. (a) 2. that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to court. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under sec. 941.29 (4), Wisconsin Statutes.

DMR.2.17.060 Petition

(a) The petition shall allege facts sufficient to show the following:

(1) The name of the petitioner and that the petitioner is the alleged victim.

(2) The name of the respondent and that the respondent is an adult.

(3) That the respondent engaged in, or based on prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.

(4) That the petitioner's living premises are on the Reservation and that either the petitioner or respondent is a member of the Tribe.

(b) The petition shall request that the respondent be restrained from committing acts of domestic abuse against the petitioner, that the respondent be ordered to avoid the petitioner's residence, or that the respondent be ordered to avoid contacting the petitioner or causing any person other than the respondent's attorney to contact the petitioner unless the petitioner consents to the contact in writing, or any combination of these requests.

(c) The Clerk of Court shall provide the simplified forms developed by the State of Wisconsin to help a person file a petition. A petitioner may use the standard State of Wisconsin forms to file a petition, but shall insert facts sufficient to show that the petitioner's living premises are on the Reservation and that either the petitioner or respondent is a member of the Tribe.

(d) A judge or magistrate shall accept any legible petition for a temporary restraining order or injunction.

(e) No filing fee shall be charged for the filing of a petition under this chapter.

DMR.2.17.070 Enforcement Assistance

(a) If an order is issued under this section, upon request by the petitioner the court shall order the chief of police or sheriff to accompany the petitioner and assist in placing him or her in physical possession of his or her residence or to otherwise assist in executing or serving the temporary restraining order or injunction. The petitioner may, at the petitioner's expense, use a private process server to serve papers on the respondent.

(b) Within one business day after any court order under Section DMR.2.17.030 or Section DMR.2.17.040 is issued, the Clerk of Court shall file an authenticated copy of the order with the clerk of circuit court in the county in which is located the petitioner's premises. The clerk may require prepayment from the petitioner for any fee that the clerk of circuit court will charge for such filing. An order issued under Section DMR.2.17.030 or Section DMR.2.17.040 may be authenticated by the clerk by affixing the seal of the court and providing the wording, "Authenticated copy of record on file with the Lac Courte Oreilles Tribal Court" followed by the clerk's signature and date.

(c) Within one business day after an order or injunction is issued, extended, modified or vacated under this section, the Clerk of Court shall send a copy of the order or injunction, or of the order extending, modifying or vacating an order or injunction, to the chief of police and to the sheriff or to any other local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the petitioner's premises.

(d) No later than 24 hours after receiving the information under par. (b), the chief of police shall enter the information concerning an order or injunction issued, extended, modified or vacated under this section into the transaction information for management of enforcement system. The chief of police shall also make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.

DMR.2.17.080 Arrests

A law enforcement officer shall arrest and take a person into custody if all of the following occur:

(a) The court order issued under Section DMR.2.17.030 or Section DMR.2.17.040 has been filed with any Wisconsin circuit court pursuant to sec. 806.247, Wisconsin Statutes.

(b) A petitioner under Section DMR.2.17.060 presents the law enforcement officer with a copy of a court order issued under Section DMR.2.17.030 or Section DMR.2.17.040, or the law enforcement officer determines that such an order exists through communication with appropriate authorities.

(c) The law enforcement officer has probable cause to believe that the person has violated the court order issued under Section DMR.2.17.030 or Section DMR.2.17.040.

DMR.2.17.090 Transcripts

The judge or magistrate shall make an audio or other record of the temporary restraining order or injunction hearing.

DMR.2.17.100 Penalty

(a) Whoever knowingly violates a temporary restraining order or injunction issued under Section DMR.2.17.030 or Section DMR.2.17.040 shall be required to forfeit not more than $5,000 and may be subject to state penalties of a fine not to exceed $1,000 or imprisonment for not more than 9 months or both in any case where a restraining order or injunction has been filed in Wisconsin circuit court under sec. 806.247(3), Wisconsin Statutes.

(b) The petitioner does not violate the court order under Section DMR.2.17.030 or Section DMR.2.17.040 if he or she admits into his or her residence a person ordered under Section DMR.2.17.030 or Section DMR.2.17.040 to avoid that residence.

DMR.2.17.110 Notice of Full Faith and Credit

An order or injunction issued under Section DMR.2.17.030 or Section DMR.2.17.040 shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state and other Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

Chapter DMR.3 Guardianship of Adults and Protective Placement Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, § 1 (s), (t), and (u) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice …" Article V, § 1 (s); "provide for the regulation of … domestic relations matters by ordinances or resolution" Article V, § 1 (t); "provide for the appointment of guardians for … mental incompetents by ordinance or resolution" Article V, § 1 (u). The Lac Courte Oreilles Band of Lake Superior Chippewa Indians recognizes the need to promote the traditional value of respect for adults in need of protective placement or guardianship. The Tribe recognizes that adults that suffer from physical or mental disability, incapacity, other disability, or are substantially impaired whether from age, disease, alcohol, substance abuse, or psychological problems all deserve to lead a life of safety and respect. The dignity, self-reliance and rights of adults in need of protective placement or guardianship must be respected by family members, the Tribal community, employees of the Tribe and all people who are part of or inter-act with the Tribe and its adults in need of protective placement or guardianship. It is the purpose of this ordinance to protect the health, safety and welfare of all persons within the jurisdiction of the Lac Courte Oreilles Tribe and to codify a process and procedure governing the appointment of a Guardian for Adults who are incapable of managing their own affairs, require assistance in conducting business, or require assistance in obtaining necessary services. Thus, it is in the best interest of and serves the welfare of the Tribe to protect adults in need of protective placement or guardianship.

Subchapter DMR.3.1 Introduction

DMR.3.1.010 Title

This ordinance shall be known as the Guardianship of Adults and Protective Placement Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter "Tribe").

DMR.3.1.020 Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, § 1 (s), (t), and (u) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice …" Article V, § 1 (s); "provide for the regulation of … domestic relations matters by ordinances or resolution" Article V, § 1 (t); "provide for the appointment of guardians for … mental incompetents by ordinance or resolution" Article V, § 1 (u).

DMR.3.1.030 Policy

It is the policy of the Lac Courte Oreilles Tribe to promote the traditional value of respect for adults in need of protective placement or guardianship. The Tribe recognizes that adults that suffer from physical or mental disability, incapacity, other disability, or are substantially impaired whether from age, disease, alcohol, substance abuse, or psychological problems all deserve to lead a life of safety and respect. The dignity, self-reliance and rights of adults in need of protective placement or guardianship must be respected by family members, the Tribal community, employees of the Tribe and all people who are part of or inter-act with the Tribe and its adults in need of protective placement or guardianship. Thus, it is in the best interest of and serves the welfare of the Tribe to protect adults in need of protective placement or guardianship.

DMR.3.1.040 Purpose

It is the purpose of this ordinance to protect the health, safety and welfare of all persons within the jurisdiction of the Lac Courte Oreilles Tribe and to codify a process and procedure governing the appointment of a Guardian for Adults who are incapable of managing their own affairs, require assistance in conducting business, or require assistance in obtaining necessary services.

DMR.3.1.050 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

DMR.3.1.060 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to promote and protect the well-being of the person;

(b) Shall be used to encourage the development of maximum self-reliance and independence of the person;

(d) Shall be liberally construed in favor of the Tribe;

(e) Shall not be deemed a limitation or repeal of any other tribal power or authority;

(f) Does not waive the sovereign immunity of the Tribe in any respect.

DMR.3.1.070 Severability and Non-Liability

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

DMR.3.1.080 Repeal of Inconsistent Tribal Ordinances

Subchapter DMR.3.2 Definitions

DMR.3.2.010 General Definitions

(a) "Guardian" means an individual who is appointed by any Court to manage the income and assets and provide for the essential requirements and safety and the personal needs of an individual found to be incompetent;

(b) "Guardian ad Litem" means an individual who is appointed by the Court to represent the best interests of the proposed ward;

(c) "Incapacity" means the current functional inability of a person to sufficiently understand, make, and communicate responsible decisions about him/herself as a result of mental illness, mental deficiency, physical illness or disability, or chronic use of drugs or alcohol, and to understand the consequences of any such decision. Incapacity may vary in degree and duration and shall not be determined solely on the basis of age.

(d) "Person" means a proposed ward who is a member of the Tribe or is eligible for membership in the Tribe, whether or not domiciled on the Reservation, or an Indian person who resides within the boundaries of the Reservation.

(e) "Proposed Ward" means a person alleged to be incapacitated for whom a petition for guardianship is filed.

(f) "Protective Placement" means the placement of an individual found to be incapacitated in a hospital, nursing home, residential care facility, or transfer of the individual found to be incapacitated from one such institution to another with appropriate legal authority.

(g) "Protective Services" means the services provided to an individual found to be incapacitated which include, but are not limited to: social case work, psychiatric and health evaluation, home care, day care, legal assistance, social services, health care, case management, guardianship and other services consistent with this ordinance. It does not include protective placement.

(h) "Reservation" means lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(i) "Tribal Court" means the duly constituted court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, as established by the Tribal Governing Board, with the judicial authority of the Tribe pursuant to Tribal Governing Board Resolution 76-10, dated May 27, 1976.

(j) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter DMR.3.3 Jurisdiction

DMR.3.3.010 Jurisdiction

(a) The Court shall have jurisdiction over all petitions for adult guardianship over the person or estate of a person alleged to be incapacitated who is a member of the Tribe or is eligible for membership in the Tribe, whether or not domiciled on the Reservation, or an Indian person who resides within the boundaries of the Reservation.

(b) When the Court exercise jurisdiction over any Indian person who is not a member of the Tribe but who is a member of another tribe, the Court shall verify that notice was given to such other tribe, and an opportunity to participate as a witness, to intervene as a party, or to file a motion seeking transfer of proceedings to the other Tribe's Court shall be permitted. If a person's Tribe objects to the jurisdiction of the Court prior to entry of a final judgment in the case, the Court shall waive jurisdiction.

Subchapter DMR.3.4 Adult Guardianships

DMR.3.4.010 Types of Adult Guardianships

(a) The Court may appoint a guardian on a temporary or permanent basis, under the procedures established by this subchapter. The Court may appoint a special guardian to perform a specific task or tasks.

DMR.3.4.020 Temporary Adult Guardianship

(a) A temporary adult guardianship shall not exceed 30 days, unless extended by the judge or magistrate for one additional period of 30 days, upon a petition and affidavit showing grounds for the appointment of a guardian. Any individual appointed temporary guardian shall post a bond in the amount required by the judge or magistrate. An order appointing a temporary guardian may be granted without hearing, notice, or appointment of a guardian ad litem.

DMR.3.4.030 Duties and Powers of Guardians

(a) The Court may appoint a guardian of the person and a guardian of the estate of any person. An individual may serve as both guardian of the person and guardian of the estate, or different individuals may be appointed. Joint guardians may be appointed of either the person or the estate or both, provided that the joint guardians shall have joint and several liability for acts undertaken as guardian by either of them.

(b) A guardian of the person shall make all decisions for the ward and may act in the place of the ward, except that the guardian of the person may not act for, bind, or appear in any legal action affecting the property of the person. The guardian of the person may consent or refuse consent to medical treatment on behalf of the ward. The guardian of the person may consent to the admission of the ward to any residential facility for the care or treatment of the ward, including but not limited to a hospital or other medical facility, nursing home, community based residential facility, or psychiatric facility, for no more than 90 days without a protective placement order under Section DMR.3.6.020.

(1) A guardian of the person may not consent or refuse to consent to the administration of psychotropic medication to the ward unless specifically granted the authority by the Court in the guardianship order.

(2) A guardian of the person is exempt from civil liability for acts or omissions in the performance of the duties of guardianship if the guardian acts in good faith and with the same ordinary diligence and prudence that a reasonable individual would take in the conduct of one's own affairs. This exemption from liability does not apply to any guardian of the estate who commits waste, fraud, or negligent mismanagement as to the estate.

(c) A guardian of the estate shall manage the assets, income, and financial interests of the ward for the benefit of the ward. A guardian of the estate may not sell any interest in the ward's real estate without the specific approval of the Court.

(d) No guardian shall lend or give any funds or other property of the ward or ward's estate to himself or herself. No guardian shall purchase any property of the ward unless for fair market value and with specific approval of the Court.

Subchapter DMR.3.5 Adult Guardianship Procedures

DMR.3.5.010 Who May Petition for Adult Guardianship

(a) Any individual may petition for guardianship of a proposed ward.

DMR.3.5.020 Petition

(a) The petition for adult guardianship shall contain the following information:

(1) The name, residence, address, post office address, date of birth, and tribal membership status of the proposed ward, the petitioner, and of the proposed guardian or guardians.

(A) The reason guardianship is sought.

(B) Whether temporary or permanent guardianship is sought.

(D) The income and assets of the proposed ward.

(E) Whether any guardian of the proposed ward now exists.

(2) Whether the authority to consent or refuse consent to psychotropic medication under Section DMR.3.5.060(d) is requested.

(A) Whether protective placement under Section DMR.3.6.020 is sought.

DMR.3.5.030 Guardian Ad Litem

Upon receipt of a petition under Section DMR.3.5.020, the Court shall appoint a guardian ad litem for the proposed ward. The guardian ad litem shall have the right and obligation to interview the proposed ward, the petitioner, and the proposed guardian or guardians, and others as appropriate; and to review medical or other records as appropriate, and to present evidence at the hearing under Section DMR.3.5.060, and to make recommendations to the Court as to the petition.

DMR.3.5.040 Notice

A copy of the petition and of a notice of hearing shall be provided to the proposed ward,

to any current guardian of the proposed ward, to the guardian ad litem of the proposed ward, and to any spouse, parent, or adult child of the proposed ward, unless the Court orders for a specific reason that notice need not to be given to any such person. Notice may be given by any means allowed under Section TCT.2.9.020, no less than ten days before the hearing under Section DMR.3.5.060.

DMR.3.5.050 Physician's or Psychologist's Report

No guardian shall be appointed based on any alleged mental incapacity of the proposed ward to manage the proposed ward's own affairs without the testimony of a licensed physician or psychologist. Upon stipulation of all the parties, a written report of a licensed physician or psychologist may be introduced in lieu of testimony.

DMR.3.5.060 Guardianship Hearing and Order

(a) At the hearing on the petition, the Court shall hear the petitioner's evidence, the evidence offered by any other party, and the recommendations of the guardian ad litem. If the Court is satisfied by clear and convincing evidence that the proposed ward is incapable of managing his or her own affairs and that the appointment of a guardian is in the best interests of the proposed ward, the Court shall appoint a guardian or guardians who by a preponderance of the evidence, appears most suitable.

(b) The Court may impose restrictions or limitations on the powers of the guardian, and may condition the appointment on the guardian's performance of specified duties.

(c) The Court shall determine whether all of the ward's rights shall be exercised by the guardian, or whether the ward shall retain the right to exercise any particular rights.

(d) The Court shall make specific findings and orders with respect to any request for authority to consent or refuse consent to psychotropic medications. A guardian seeking such authority must prove by clear and convincing evidence the following;

(1) That the proposed ward is likely to respond positively to psychotropic medication.

(2) That as a result of the proposed ward's failure to take medication the person is unable to provide for his or her care in the community. The proposed ward's past history is relevant to determining his or her current inability to provide for his or her care in the community under this paragraph.

(3) That unless protective services, including psychotropic medication, are provided, the proposed ward will incur a substantial probability of physical harm, impairment, injury or debilitation or will present a substantial probability of physical harm to others.

(e) The Court shall make specific findings and orders with respect to a request for protective placement.

DMR.3.5.070 Bond

The Court may require any guardian to post a bond as security that the guardian will faithfully perform the duties of such office. The Court may accept a signature bond.

DMR.3.5.080 Standards for Determining Incapacity

No finding that a ward is incapable of managing his or her own affairs may be based on physical incapacity alone. A finding that a ward is incapable of managing his or her own affairs may be based on development disabilities; degeneration of the brain associated with aging; or organic brain damage, defect, or injury. Such a finding may also be based on inability to care for oneself based on serious and sustained abuse of alcohol or other drugs. Such a finding may also be based on the proposed ward's inability to control income and assets such as to the subject the proposed ward to risk of exploitation by others, or to endanger the health, life, or property of the proposed ward.

DMR.3.5.090 Inventory

Any person appointed guardian of the estate shall complete, under oath, an inventory of all the ward's property within thirty (30) days of appointment, on forms supplied by the Clerk of Court.

DMR.3.5.100 Annual Report

Any person appointed guardian of the estate shall each year complete, under oath, a report showing the ward's assets, liabilities, income, and expenses for the period of the report, on forms supplied by the Clerk of Court.

DMR.3.5.110 Change of Address

Any guardian of the person or the estate shall notify the Clerk of Court within ten (10) days of any change of address or the guardian of the ward.

Subchapter DMR.3.6 Protective Placement

DMR.3.6.010 Order

Protective placement is a court order specifying the location and conditions of the ward's residence. No person may be found to be in need of protective placement unless subject to a guardianship ordered under Subchapter DMR.3.5

DMR.3.6.020 Request for Protective Placement

(a) A request for protective placement shall be combined with a guardianship petition under Subchapter DMR.3.5, unless a guardianship has already been created, in which case, the petition shall so state.

(b) If the petitioner seeks protective placement for the ward, the petition shall allege, and the petitioner shall prove by clear and convincing evidence the following:

(1) The ward has a primary need for residential care and custody.

(2) As a result of developmental disabilities, infirmities of aging, chronic mental illness or other like incapacities, the ward is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious harm to oneself or others. Serious harm may be occasioned by over acts of omission.

(3) The ward has a disability which is permanent or likely to be permanent.

(c) The physician's or psychologist's report required under Section DMR.3.5.060 shall also address the requirements listed in Section DMR.3.6.020(b), above in any case where protective placement is sought.

(d) If the Court orders a protective placement, it shall protectively place the ward in the least restrictive residential setting consistent with the needs of the ward.

DMR.3.6.030 Annual Review

No less than once each twelve (12) months, the Court shall order an annual review of any protective placement, to determine if the conditions justifying the protective placement still exist:

(a) The Court shall appoint a guardian ad litem in a timely fashion to allow the guardian ad litem to complete his or tasks as set forth in Section DMR.3.6.030(b), below prior to the completion of the twelve (12) month period.

(b) The guardian ad litem shall meet with the ward, talk to the guardian, and review the medical records of the ward and the records of any facility providing the ward's residential care. The guardian ad litem shall inform the ward of the purpose of the annual review, shall determine, if possible, whether the ward wishes a hearing on the continued protective placement. The guardian ad litem shall report his or her findings and recommendations to the Court no later than fifteen (15) days before the completion of the twelve (12) month period, on forms prescribed by the Clerk of Court.

(c) If neither the ward, guardian, guardian ad litem, nor any other person requests a hearing, and if the guardian ad litem recommends continuation of the protective placement, then the Court may either hold a hearing on the continuation of the protective placement, or may order a twelve (12) month continuation of the protective placement based on the reports in the record.

Subchapter DMR.3.7 Termination or Changes

DMR.3.7.010 Termination or Changes to an Order for Adult Guardianship

(a) Upon motion and hearing, with notice to the guardian and ward, and appointment of a guardian ad litem, the Court may remove the guardian and a successor guardian may be appointed:

(1) If the guardian neglects to perform any action required by law or by the Court;

(2) If the guardian fails to discharge the duties of guardianship;

(3) If the guardian acts contrary to the interests of the ward;

(4) If the guardian violates any provision of this chapter.

(b) Upon motion and hearing, with notice to the guardian and ward, and appointment of a guardian ad litem, a guardianship may be terminated if by clear and convincing evidence it is established that the conditions requiring the guardianship no longer exist.

DMR.3.7.020 Termination or Changes to an Order for Adult Protective Placement

(a) Upon motion and hearing, with notice to the guardian and ward, and appointment of a guardian ad litem, a protective placement may be changed or terminated if by clear and convincing evidence it is established that the conditions requiring the protective placement no longer exist.

Chapter DMR.4 Elders and Vulnerable Adults Protection Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to promote the traditional value of respect for tribal elders and vulnerable adults which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, § 1(s) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice …" It is the purpose of this ordinance to protect elders and vulnerable adults within the jurisdiction of the Lac Courte Oreilles Tribe from abuse and neglect as defined in this ordinance. This ordinance provides for: (a) reporting abuse or neglect to the proper agency; (b) receiving reports of and investigating suspected abuse or neglect; and (c) delivering elder protection services.

Subchapter DMR.4.1 Introduction

DMR.4.1.010 Title

This ordinance shall be known as the Elders and Vulnerable Adults Protection Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter "Tribe").

DMR.4.1.020 Authority

DMR.4.1.030 Policy

It is the policy of the Lac Courte Oreilles Tribe to promote the traditional value of respect for tribal elders and vulnerable adults. Elders, in particular, are valuable resources to the Tribe because they are repositories and custodians of tribal history, culture, and tradition and they are the best hope of the Tribe to pass on the tribal history, culture, and tradition to the children of the Tribe. Elders also have valuable skills and knowledge as a result of their life experiences that, when shared, can offer important insights to younger generations and contribute to a healthy future for the Tribe. Thus, it is in the best interest of and serves the welfare of the Tribe to protect tribal elders.

DMR.4.1.040 Purpose

It is the purpose of this ordinance to protect elders and vulnerable adults within the jurisdiction of the Lac Courte Oreilles Tribe from abuse and neglect as defined in this ordinance. This ordinance provides for:

(a) Reporting abuse or neglect to the proper agency;

(b) Receiving reports of and investigating suspected abuse or neglect; and

DMR.4.1.050 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

DMR.4.1.060 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the promotion of the traditional value of respect for tribal elders and vulnerable adults subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

(d) Does not waive the sovereign immunity of the Tribe in any respect.

DMR.4.1.070 Severability and Non-Liability

DMR.4.1.080 Repeal of Inconsistent Tribal Ordinances

Subchapter DMR.4.2 Definitions

DMR.4.2.010 General Definitions

(a) "Abuse" means:

(1) Intentional or negligent infliction of bodily injury, unreasonable confinement, intimidation, or cruel punishment of an elder or vulnerable adult with resulting physical harm, pain or mental anguish by any person, including anyone who has a special relationship with the elder or vulnerable adult such as a spouse, a child, or other relative recognized by tribal custom, or a caretaker;

(2) Sexual abuse which includes any physical contact with an elder or vulnerable adult intended for sexual gratification of the person making such contact and which is not consented to by the elder or vulnerable adult and for which the consent is obtained by intimidation or fraud. Sexual abuse also includes marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.

(3) Emotional abuse which includes intentional infliction of threats, humiliation or intimidation, undermining an individual's sense of self-worth and/or self-esteem constant criticism, diminishing one's abilities, name-calling, or damaging one's relationship with his or her children or grandchildren;

(4) Physical abuse which includes hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, denying medical care or forcing alcohol and/or drug use;

(5) Exploitation which is the unauthorized or improper use of funds, property, or other resources of an elder or vulnerable adult; or the unauthorized or improper use of the elder or vulnerable adult by a caretaker or by any other person, for personal gain or profit; or the failure to use the funds, property, or other resources of an elder or vulnerable adult to their benefit or according to their desires; or withholding an elder or vulnerable adult's access to money;

(6) Intentional threat or infliction of harm to the pets of elders and vulnerable adults; and

(7) Self neglect resulting in impairment of health or quality of life, including the failure to attend to medical and dietary needs, make housing payments, etc; and

(8) Neglect which is the failure of a caretaker to provide for the basic needs of an elder or vulnerable adult by not supplying resources, services, or supervision necessary to maintain minimum physical and mental health and includes the inability of an elder or vulnerable adult to supply such basic needs for him/herself. Neglect is also interfering with delivery of necessary services and resources, failing to report abuse or neglect of an elder or vulnerable adult by any person, and failing to provide services or resources essential to the elder's or vulnerable adult's practice of his/her customs, traditions, or religion.

(b) "Caretaker" means:

(1) A person who is required by tribal law and custom to provide services or resources to an elder or vulnerable adult, including a guardian ad litem;

(2) A person who has voluntarily undertaken to provide care or resources to an elder or vulnerable adult;

(3) An institution or agency which voluntarily provides or is required by tribal law and custom and/or state law and/or federal law, to provide services or resources to an elder or vulnerable adult, including the duty to follow-up on placements, and any such institution or agency which receives anything of value in return for providing services or resources; or

(4) An employee of any institution or agency specified in Section DMR.4.2.010(b)(3) of this ordinance.

(d) "Vulnerable Adult" means any person, aged 18 or over, who is in need of community services due to illness or intellectual or physical disability; and who is unable to take care of him/herself or unable to protect him/herself against significant harm or exploitation.

(e) "Emergency" means a situation in which an elder or vulnerable adult is immediately at risk of death or injury and is unable to consent to services which would remove the risk.

(f) "Family" means a group of people affiliated by tribal law and custom.

(g) "Good Faith" means an honest belief or purpose and the lack of intent to defraud.

(h) "Incapacity" means the current functional inability of a person to sufficiently understand, make, and communicate responsible decisions about him/herself as a result of mental illness, mental deficiency, physical illness or disability, or chronic use of drugs or alcohol, and to understand the consequences of any such decision. Incapacity may vary in degree and duration and shall not be determined solely on the basis of age.

(i) "Least Restrictive Alternative" means an approach which allows an elder or vulnerable adult independence and freedom from intrusion consistent with the needs of the elder or vulnerable adult by requiring that the least drastic method of intervention be used when intervention is necessary to protect the elder or vulnerable adult from harm.

(j) "Protective Placement" means the placement of an elder or vulnerable adult in a hospital, nursing home, residential care facility, or transfer of the elder or vulnerable adult from one such institution to another with the their consent or appropriate legal authority.

(k) "Protective Services" means the services provided to an elder or vulnerable adult with their consent or with appropriate legal authority and include, but are not limited to: social case work, psychiatric and health evaluation, home care, day care, legal assistance, social services, health care, case management, guardianship and other services consistent with this ordinance. It does not include protective placement.

(l) "Retaliation" means threatening a reporter of abuse of an elder or vulnerable adult or the reporter's family in any way; causing bodily harm to the reporter or reporter's family; causing the reporter or any of the reporter's family to be terminated, suspended from employment or reprimanded by an employer, or damaging the reporter's or the reporter's family's real or personal property in any way.

Subchapter DMR.4.3 Reporting and Investigations

DMR.4.3.010 Duty to Report Abuse or Neglect of an Elder

Suspected abuse or neglect of an elder or vulnerable adult shall be reported to Lac Courte Oreilles Elder Services (unless immediate intervention is required to protect that person's life, which should be reported to law enforcement immediately) by:

(a) The family or caretaker of the elder or vulnerable adult;

(b) Any tribal employee;

(d) Any employee of a tribally-owned business, even if not managed by the Tribe;

(e) Any medical or osteopathic doctor, coroner or medical examiner, chiropractor, podiatrist, dentist, religious practitioner, nurse, health aide, human services worker, elders' service provider, nursing home provider, or any other health and elder human service provider, or its employees who deliver services to tribal elders and vulnerable adults;

(f) Any person or agency or employee of such agency with a fiduciary duty to the elder or vulnerable adult such as a lawyer, accountant, financial institution, or property manager;

(g) Any person who has good reason to suspect that an elder or vulnerable adult has been or is being abused or neglected.

DMR.4.3.020 Immunity for Reporting

A person who in good faith reports suspected abuse or neglect of an elder or vulnerable adult is immune from any civil or criminal suit based on that person's report.

DMR.4.3.030 Failure to Report; Civil Penalty; Damages; Criminal Liability

Any person who is required by this ordinance to report suspected abuse of an elder or vulnerable adult and fails to do so is subject to a civil penalty of up to $1,000. The tribal court shall assess the penalty only after petition, notice, an opportunity for hearing, and a determination that the person had a mandated duty to report, had good reason to suspect abuse of an elder or vulnerable adult or neglect, and failed to report the abuse as required by this ordinance. Further, the person failing to report is subject to any civil suit brought by or on behalf of the elder or vulnerable adult for damages suffered as a result of the failure to report and to any penalties set out in tribal, state, and/or federal law.

DMR.4.3.040 Bad Faith Report; Civil Penalty; Damages; Criminal Liability

Any person who makes a report of suspected abuse of an elder or vulnerable adult knowing it to be false is subject to a civil penalty of up to $1,000. The tribal court shall assess the penalty only after petition, notice, and opportunity for hearing, and a determination that the reporter made the report knowing it to be false. Further, the reporter is subject to any civil suit brought by or on behalf of the person(s) named as suspected abusers in the false report for damages suffered as a result of the false report and to any criminal penalties set out in tribal, state, and/or federal law.

DMR.4.3.050 Investigation

(a) When Elder Protective Services ("EPS") receives a report of abuse or neglect perpetrated against elders or vulnerable adults, an investigation will be initiated as required in Section DMR.4.3.050(b), below.

(b) Elder Protective Services will conduct an investigation and prepare a report within three days. The written report of the investigation shall include the information set out in Section DMR.4.3.050(c), below as well as the results of interviews, observations and assessments and other fact finding. The investigator shall conduct in-person interviews with the elder or vulnerable adult, the family and caretaker, persons suspected of having committed the acts complained of, employees of agencies or institutions with knowledge of the circumstances of the elder or vulnerable adult, and any other person the investigator believes has pertinent information. The existence and contents of medical records and other reports of abuse and neglect shall be ascertained, after the elder or vulnerable executes a release of information. The investigator personally shall assess the living conditions of the elder or vulnerable adult, including sleeping quarters.

(1) The name, address or location, and telephone number of the elder or vulnerable adult;

(2) Name, address or location, telephone number of the person(s) or agency suspected of abusing or neglecting the elder or vulnerable adult;

(3) The nature and degree of incapacity of the elder or vulnerable adult;

(4) The name, address or location, telephone number of witnesses;

(5) The name, address or location, telephone number of the caretaker of the elder or vulnerable adult;

(6) A description of the acts which are complained of as abusive or neglectful; and

(7) Any other information that the reporter believes might be helpful in establishing abuse or neglect.

(8) The report must abide by HIPPA regulations and protect the privacy of the victim.

(d) The completed investigation report shall be filed with Elder Protective Services within seven to ten days and remain on file and not be destroyed for a period of ten years, even if it is determined that there is insufficient evidence to pursue any legal action. However, if the investigating agency determines that the allegations of abuse were made in bad faith, it shall be destroyed immediately after the investigation is completed and if the evidence is insufficient to show abuse or neglect.

(e) Completed investigation reports that substantiated elder or vulnerable adult abuse shall be forwarded to the Legal Department for review and prosecution.

DMR.4.3.060 Sanctions Related to the Investigation and Retaliation

(a) No person shall interfere intentionally with a lawful investigation of suspected elder or vulnerable adult abuse.

(b) No person shall retaliate by any means against any person who has made a good faith report of suspected abuse or who cooperates with an investigation of suspected abuse.

(c) Any person who violates subsections (1) or (2) of this section shall be enjoined from such activity and shall be subject to a civil penalty of up to $500 per occurrence and may result in the loss of tribal privileges. If a tribal employee violates subsections (1) or (2) of this section, he/she shall be subject to appropriate disciplinary action as allowed by the Tribe's personnel policies and procedures. The penalty shall be assessed by the Tribal Court only after petition, notice, the opportunity to be heard, and a determination that either interference or retaliation as set out in this section occurred.

Subchapter DMR.4.4 Elder Protective Services and Placement

DMR.4.4.010 Elder Protective Services and Elder Protective Placement; Other Services; Evaluation Procedures; Duty to Pay

(a) Protective services or protective placement are provided either on a voluntary or involuntary basis. Such services or placement may be provided on a voluntary basis by LCO Elder Protective Services or Adult Protective Services of Sawyer County when requested by any abused or neglected elder or vulnerable adult and the person is found to be in need of such services or placement. Such services or placement may be provided on an involuntary basis by LCO Elder Protective Services or Adult Protective Services, if mandated by the circumstances leading to charges of abuse. Such services or placement shall be provided on an involuntary basis only if the Tribal Court determines they are necessary. If an elder or vulnerable adult if placed in an involuntary protective placement, a petition must be filed in Tribal Court and that petition must be heard by the Court within ten (10) days. Such services or placement may be provided on an emergency basis, or, if necessary, on a permanent basis through a guardian appointed pursuant to tribal law, and shall be provided in a manner least restrictive to the liberty and rights of the elder or vulnerable adult consistent with their welfare and needs. Based on the Tribal Court's determination of the degree of incapacity, if any, as well as whether elder or vulnerable adult abuse or neglect has occurred, LCO Elder Protective Services will develop an individual plan for the delivery of protection services.

(b) Voluntary protective services or protective placement are provided subject to available appropriations and resources and only as determined necessary by LCO Elder Protective Services. If the consent of the elder or vulnerable adult to such services or placement is withdrawn, they shall cease. Such protective services or protective placement shall be provided for a period of no more than 30 days at a time. At the end of each period, LCO Elder Protective Services shall reassess the needs of the elder or vulnerable adult before agreeing to continue providing services and placement. Voluntary placement shall not be continued without a court order permitting continued voluntary placement after the elder or vulnerable adult has been in such placement for 45 days.

(c) Involuntary protective services or protective placement shall be provided to any elder or vulnerable adult who is incapacitated as a result of abuse or neglect but only upon Tribal Court order as required by this ordinance.

(d) Services as determined necessary by LCO Elder Protective Services may be delivered to the family or caretaker of the elder or vulnerable adult in order to protect the elder or vulnerable adult.

(e) Lac Courte Oreilles Elder Protective Services, in consultation with the Lac Courte Oreilles Community Health Center, will establish a process for conducting a comprehensive physical, mental and social assessment of an elder or vulnerable adult when a petition for a protection order has been filed.

Subchapter DMR.4.5 Emergency Situations

DMR.4.5.010 Emergency

(a) The Tribal Court shall issue an emergency protection order authorizing protective services or protective placement on an emergency basis upon petition supported by clear and convincing evidence that an elder or vulnerable adult:

(1) Is at risk of immediate physical harm;

(2) Is incapacitated and cannot consent to protective services;

(3) Has no one who is authorized by law or court order to give consent on an emergency basis; and an emergency exists.

(b) The emergency protection order shall:

(1) Set out the specific emergency services to be provided to the elder or vulnerable adult to remove the conditions creating the emergency;

(2) Provide only those services which will remove the emergency;

(3) Allow protective placement only if the evidence shows that it is necessary;

(4) Designate LCO Elder Protective Services as the entity required to implement the order; and

(5) Be issued for a maximum of 72 hours and may be renewed only once for an additional 72 hours provided the evidence show that the emergency is continuing.

(c) The Tribal Court may authorize forcible entry by law enforcement to enforce the emergency protection order after it has been shown that attempts to gain voluntary access to the elder have failed. A valid warrant must be issued in this instance.

(d) The petition for an emergency protection order shall contain the name, address or location and interest of the petitioner; the name, address or location and condition of the elder or vulnerable adult; the nature of the emergency; the nature of the incapacity of the elder or vulnerable adult; the proposed protective services, and where applicable, protective placement; the attempts, if any, to secure the consent of the elder or vulnerable adult to services; and any other facts the petitioner believes will assist the court.

(e) The Tribal Court shall hold a hearing on a petition to provide protective services or placement to an elder within 24 hours after an emergency protection order is issued.

(f) An emergency protection order can be set aside by the Tribal Court upon a petition of any party showing good cause.

(g) If there is good cause to believe that an emergency exists and that an elder or vulnerable adult is at risk of immediate and irreparable physical harm, the LCO Elder Protective Services investigator or law enforcement shall immediately protect the elder or vulnerable adult, including, where necessary, transporting the elder or vulnerable adult for medical treatment or to an appropriate facility. Immediately after the elder or other vulnerable adult is protected, a petition for an emergency protection order shall be filed and the procedures set out in this section will be followed.

(h) Any person who acts in good faith pursuant to this section is immune from any civil or criminal suit based on that person's actions.

Subchapter DMR.4.6 Rights and Privileges

DMR.4.6.010 Rights of Elders, Their Families and Caretakers

(a) An elder or vulnerable adult may refuse to accept protection services, even if there is good cause to believe that the elder or vulnerable adult has been or is being abused, provided that s/he is able to care for him/herself, has the capacity to understand the nature of the services offered and it is determined that the abuse has stopped.

(b) An investigator may be refused entry into the home of the elder or vulnerable adult by the elder or vulnerable adult, their family or caretaker but the investigator will inform them of the right to seek a warrant before seeking entry.

(c) The elder or vulnerable adult, their family or caretaker have the right to attend any proceeding pertaining to the determination of the capacity of the elder or vulnerable adult and the elder or vulnerable adult shall be present at all proceedings unless the Tribal Court determines the health of the elder or vulnerable adult would be at risk at such a proceeding.

(d) The elder or vulnerable adult, their family and caretaker have the right to be represented by counsel at all proceedings.

(e) In any proceeding involving an elder or vulnerable adult, all interested parties, including family and caretakers, may petition the Tribal Court to obtain party status in the proceeding.

Subchapter DMR.4.7 Procedures

DMR.4.7.010 Procedures for Determining Incapacity, Abuse, Neglect or Self Neglect

The Tribal Court shall determine whether an elder or vulnerable adult is incapacitated and the degree of incapacity, and, where necessary, whether abuse or neglect has occurred. The determination shall be made only after petition, notice, hearing, and proof that is beyond a reasonable doubt.

DMR.4.7.020 Confidentiality of Reporter, Records, Hearings; Penalty for Not Complying with Confidentiality

(a) The name of the person who reports abuse or neglect as required by this ordinance is confidential and shall not be released to any person unless the reporter consents to the release or the release is ordered by the Tribal Court. The Tribal Court may release the reporter's name only after notice to the reporter is given, a closed evidentiary hearing is held, and the need to protect the elder or vulnerable adult is found to be greater than the reporter's right to confidentiality. The reporter's name shall be released only to the extent determined necessary to protect the elder or vulnerable adult.

(b) Records of an investigation of abuse against an elder or vulnerable adult or of a Tribal Court hearing regarding abuse shall remain confidential, unless production of such material is compelled by a court with proper jurisdiction. Such records shall be open only to employees of LCO Elder Protective Services, law enforcement officers, Tribal Court officials, coroner or medical examiner who has reason to believe that an elder or vulnerable adult died as a result of abuse or neglect, and any other person who the Tribal Court determines has reasonable cause to have access to such record.

(c) A proceeding held pursuant to this ordinance shall be closed and confidential. Persons who may attend are those who have been made party to the proceeding. These may include, but are not limited to, the elder or vulnerable adult, their family or caretaker, the person or representative of an institution or program accused of abuse, the representative of LCO Elder Protective Services, necessary Tribal Court officials and attorneys to the parties. Other persons may appear only to testify. No one attending or testifying at such a proceeding shall reveal information about the proceeding unless ordered to do so by Tribal Court order.

(d) Any person who violates any portion of this section shall be subject to a civil penalty of up to $1,000 per occurrence and, if a tribal employee, to appropriate disciplinary actions as allowed by the Tribe's personnel policies and procedures. The penalty shall be assessed by the Tribal Court after petition, notice, opportunity to be heard, and a determination that a violation has occurred.

DMR.4.7.030 Elder Protection Order Time Limits

(a) If the Tribal Court determines that an elder or vulnerable adult is incapacitated and abused or neglected, the Tribal Court shall issue a protection order which provides appropriate protection for the elder or vulnerable adult. Such protection may include, but is not limited, to the following:

(1) Removing the elder or vulnerable adult from the place where the abuse or neglect has taken place or is taking place for no longer than 90 days;

(2) Removing the person who has abused or neglected an elder or vulnerable adult from the elder's home;

(3) Restraining the person who has abused or neglected an elder or vulnerable adult from continuing such acts;

(4) Requiring the family or caretaker or any other person with a fiduciary duty to the elder or vulnerable adult to account for their funds and property;

(5) Requiring any person who has abused or neglected an elder or vulnerable adult to pay restitution to the elder for damages resulting from that person's wrongdoing;

(6) Appointing a representative or guardian ad litem for the elder or vulnerable adult;

(7) Recommending that a representative payee be named; and

(8) Ordering Lac Courte Oreilles Elder Protective Services to prepare a plan for and deliver protection services which provide the least restrictive alternatives for services, care, treatment, or placement consistent with the needs of the elder or vulnerable adult.

(b) A protection order shall be issued within 10 days after the petition is served on all parties, except for an emergency protection order.

(d) The order may be extended as many times as necessary to protect the elder or vulnerable adult, but only after a petition is filed by the party seeking an extension and notice, opportunity for hearing, and a determination based on proof beyond a reasonable doubt that such an extension is necessary to protect the elder or vulnerable adult. Each extension shall be for a period not to exceed one year.

DMR.4.7.040 Petition Hearing

A hearing on a petition authorized or required by this ordinance shall be conducted with the purpose of protecting the elder or vulnerable adult only where necessary and only to the extent shown by the facts and using the least restrictive alternatives. All rights set out specifically in this ordinance shall be enforced strictly during proceedings. No hearing shall be held unless notice has been given to the elder or vulnerable adult and other interested parties, including their family and caretaker. The elder or vulnerable adult and all other interested parties shall have the right and opportunity to be heard fully and to present evidence. The Tribal Court shall issue a written statement of its findings in support of any order allowed by this ordinance.

DMR.4.7.050 Regulations and Criteria Required to Comply with This Ordinance

Lac Courte Oreilles Elder Services shall adopt and issue regulations establishing criteria and procedures which comply with the policy and requirements of this ordinance.

Chapter DMR.5 Aging Administration Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians relating to the delivery of elder services which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, §§ 1(l) and (m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a housing authority, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, § 1 (l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, § 1 (m). This ordinance promotes the well-being of older individuals by providing services and programs designed to help them live independently in their homes and communities. This ordinance also empowers the Tribal government to receive funds form the Federal and State governments for supportive services for individuals over the age of 55.

Subchapter DMR.5.1 Introduction

DMR.5.1.010 Title

This ordinance shall be known as the Administration on Aging Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

DMR.5.1.020 Authority

DMR.5.1.030 Purpose

The purpose of this ordinance is to promote the well-being of older individuals by providing services and programs designed to help them live independently in their homes and communities. This ordinance also empowers the Tribal government to receive funds form the Federal and State governments for supportive services for individuals over the age of 60.

DMR.5.1.040 Office

The principle office of the Elders Advisory Council on Aging shall be on the Lac Courte Oreilles Indian Reservation. The official address of the Elders Advisory Council on Aging is 13994 W Trepania Road, Hayward, WI 54843.

DMR.5.1.050 Territorial Applicability

This ordinance shall govern the delivery of elderly services pursuant to the provisions of this ordinance within the area of operation which shall entail those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

DMR.5.1.060 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

DMR.5.1.070 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the determination of Tribal citizenship subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

DMR.5.1.080 Severability and Non-Liability

DMR.5.1.090 Repeal of Inconsistent Tribal Ordinances

Subchapter DMR.5.2 General Definitions

DMR.5.2.010 General Definitions

(a) "Aging Director" or "Director" means the individual employed by the Tribal Governing Board to manage the affairs of the Aging Unit as provided for in this ordinance and other relevant documents.

(b) "Aging Unit" means the means the Lac Courte Oreilles Aging Unit which is the entity that has been delegated the responsibility for carrying out the intent of this ordinance, under the direction of the Aging Director.

(c) "Area of Operation" means all areas within the jurisdiction of the Lac Courte Oreilles Band of Lake Superior Chippewa.

(d) "Citizen" means a member of the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(e) "Elders Advisory Council on Aging" means the Lac Courte Oreilles Elders Advisory Council on Aging.

(f) "Federal government" shall be the United States of America; the Department of Health and Human Services or any other agency or instrumentality, corporate or otherwise of the United States of America.

(g) "Immediate Family Member" shall mean a father, mother, husband, wife, sister, brother, cohabitating partner or child(ren).

(h) "Representative" means a tribal Citizen (member) elected by the elders residing within the Aging Unit area of operation to the Elders Advisory Council on Aging.

(i) "Reservation" or "Reservation Lands" means those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(j) "State government" shall be the State of Wisconsin; the Department of Health Services or any other agency or instrumentality, corporate or otherwise of the State of Wisconsin.

(k) "Tribal Attorney(s)" means the tribal attorney(s) employed by the Lac Courte Oreilles Legal Department, whom are in charge of and responsible for legal issues relating to elder services.

(l) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter DMR.5.3 General

DMR.5.3.010 Aging Unit

The Tribal Governing Board hereby establishes and empowers the Lac Courte Oreilles Aging Unit to carry out the intent of this ordinance as further defined herein:

(a) The Tribal Governing Board shall employ an Aging Director who will be responsible for effectuating elder services within the area of operation and the duties as defined in the Director's job description. The Executive Director shall be supervised by the Tribal Governing Board.

(b) The Aging Unit, acting through its Aging Director, shall have the following powers which it may exercise consistent with the purposes for which it has been established:

(1) To undertake and carry out studies and analyses of elders needs, to prepare tribal aging unit plans, to execute the same, and to operate elder programs;

(2) To implement the directive of the Tribal Governing Board pertaining to recommendations of the Elders Advisory Council on Aging regarding the service preferences of participants;

(3) To implement the directive of the Tribal Governing Board pertaining to recommendations of the Elders Advisory Council on Aging regarding days, hours, and locations of meal site operations;

(4) To implement the directive of the Tribal Governing Board pertaining to recommendations of the Elders Advisory Council on Aging regarding meal site environment furnishings with regard to disabled and handicapped participants;

(5) To implement the directive of the Tribal Governing Board pertaining to recommendations of the Elders Advisory Council on Aging regarding supportive social services to be incorporated at the Aging Unit; and

(6) To implement the directive of the Tribal Governing Board pertaining to recommendations of the Elders Advisory Council on Aging regarding the on-going development of the Aging programs;

(c) It is the purpose and intent of this ordinance to authorize the Aging Unit to secure the financial aid or cooperation of the Federal and State governments in the undertaking, maintenance or operation of elder programs within the area of operation.

(d) The Tribal Governing Board does not by the adoption of this ordinance consent to any authorization not accountable to the Tribal Governing Board.

(e) The Aging Director shall submit the following reports to the Tribal Governing Board with copies to the Elders Advisory Council on Aging;

(1) Monthly Report showing:

(A) Summary of the prior month's activities;

(B) Financial condition of the Aging Unit;

(D) Any significant problems and accomplishments of the Aging Unit;

(E) Plans for the future;

(F) Such other information as the Aging Director, the Elders Advisory Council on Aging, or the Tribal Governing Board deems pertinent.

(2) Annual Report showing;

(A) Summary of the above concerns addressed in the monthly report;

(B) Long-term plans and goals for the Aging Unit.

(f) The tribal aging unit plan and related budget for elder services must be approved by the Tribal Governing Board as well as any other operating budgets of the Aging Unit.

DMR.5.3.020 Tribal Governing Board Liaison

The Tribal Governing Board, by formal action, shall appoint a Liaison(s) which shall be appointed to facilitate communication and coordination between the Tribal Governing Board and the Elders Advisory Council on Aging. The Tribal Governing Board Liaison(s) shall not be considered a member of the Elders Advisory Council on Aging.

DMR.5.3.030 Elders Advisory Council on Aging

The Elders Advisory Council on Aging is hereby created to act in an advisory capacity to the Tribal Governing Board and the Aging Director and shall have those powers as stated in this section:

(a) Official Powers and Duties. The Elders Advisory Council on Aging shall advise the Aging Director on all matters relating to the delivery of services within the program area of operation and offer specific recommendations to the Aging Unit. Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby establishes a public body known as the Lac Courte Oreilles Elders Advisory Council on Aging (hereinafter referred to as the Elders Advisory Council on Aging), and pursuant to this ordinance hereby establishes the following purposes, powers and duties of the Elders Advisory Council on Aging:

(1) To advise the Tribal Governing Board and Aging Director on elder services and projects pertaining to the needs of elder citizens (members) and such other persons or entities the Aging Unit may serve.

(2) To acknowledge citizens (members) elder service related needs/concerns and communicate them to the Aging Director.

(3) Assist in the creation and review and provide recommendations on policies governing the activities of the Aging Unit, and other such elder service related policies as requested by the Aging Director or the Tribal Governing Board.

(4) To review and provide information on the development of the tribal aging unit plan.

(5) To review and provide recommendations related to the budget for the delivery of elder services as well as any other operating budgets of the Aging Unit.

(6) Provide advice as directed by the Tribal Governing Board or requested by the Aging Director on matters relevant to the Aging Unit as established in Section DMR.5.3.010 of this ordinance.

(7) None of the aforementioned powers and duties may be construed or interpreted to empower representatives of the Elders Advisory Council on Aging beyond the capacity of advisory in nature as more fully defined in Section DMR.5.3.030(h), below.

(b) Primary Functions. The primary function of the Elders Advisory Council on Aging is to provide all of the stakeholders an opportunity to be active participants in the assessment of needs, development of priorities, and identification and use of resources based in accord with Tribal, Federal, and State policies as well as consideration of the program budgets. Specific functions include, but may not be limited to, the following:

(1) Provide recommendations to the Tribal Aging Director regarding the service preferences of participants;

(2) Provide recommendations to the Tribal Aging Director and Aging Unit regarding days, hours, and locations of meal site operations;

(3) Provide recommendations to the Nutrition Manager or Tribal Aging Director regarding meal site environment furnishings with regard to disabled and handicapped participants;

(4) Conduct annual on-site review of the Aging Unit utilizing the assessment tool;

(5) Advise and provide recommendations to the Tribal Aging Director regarding supportive social services to be incorporated at the Aging Unit;

(6) As an organized group, give support and assistance to the on-going development of the Aging programs;

(7) Represent and speak on behalf of program participants; and

(8) As a liaison group act as a communications clearing house between the Aging Unit programs and the Tribal community.

(1) The Elders Advisory Council on Aging shall be composed of seven (7) persons, all of whom must be citizens (members) at least 62 years of age, and living within Sawyer County. In no case shall a sitting Tribal Governing Board member, or an employee of the Aging Unit be appointed to the Elders Advisory Council on Aging. No individual representative of the Elders Advisory Council on Aging, regardless of position, acting alone and without the approval of the Elders Advisory Council on Aging is empowered or authorized to take any action or make any public statement regarding the Aging Unit or Elders Advisory Council on Aging's positions on any matter.

(2) Representatives to the Elders Advisory Council on Aging shall be elected by the elders residing within the Aging Unit area of operation to serve a 3-year term with the exception of the first election when two (2) persons will be elected for a 1-year term, two (2) persons elected for a 2-year term and three (3) persons for a 3-year term. Elections will be held annually to fill vacancies. Persons elected to less than a 3-year term at the first election, only, are eligible to run for a full term when their initial term expires.

(3) A representative to the Elders Advisory Council on Aging may be removed by formal action of the Tribal Governing Board for cause.

(4) The Elders Advisory Council on Aging will fill vacancies as soon as reasonably possible.

(d) Qualifications. Applicants for election as a representative to the Elders Advisory Council on Aging must satisfy the following requirements:

(1) Be an enrolled citizen (member) of the Tribe.

(2) Be at least 62 years of age.

(3) Live within Sawyer County.

(4) Applicants must submit a one-page statement indicating why they are interested in serving on the Elders Advisory Council on Aging and must be mailed to the principle office of the Elders Advisory Council on Aging as established in Section DMR.5.1.040 of this ordinance.

(5) Shall not be employed by the Aging Unit.

(6) Shall have no financial interest in any management or contract of the Aging Unit.

(7) Shall not be primarily employed in a tribal director or management position that will impede the availability as a representative to the Elders Advisory Council on Aging.

(8) Shall not be an elected tribal official.

(9) Shall comply with an approved code of ethics.

(e) Term. Representatives to the Elders Advisory Council on Aging shall be elected by the elders residing within the Aging Unit area of operation, so long as the representative meets the qualifications established in Section DMR.5.3.030(d) above. Representatives to the Elders Advisory Council on Aging shall serve as follows:

(1) All representatives to the Elders Advisory Council on Aging will be appointed for three-year, staggered terms.

(2) Elections shall coincide with the Tribal fiscal year, unless otherwise scheduled due to reasons of death, resignation or removal.

(3) The Tribal Governing Board may remove a representative to the Elders Advisory Council on Aging by formal action if it determines that the representative has a conflict of interest, or for non-compliance, misfeasance or malfeasance.

(4) If a vacancy occurs prior to the end of someone's term, the Elders Advisory Council on Aging shall fill that position with the next highest vote recipient. The person appointed to fill a vacancy will only serve the time left in the unexpired term but may be eligible for election at the end of the appointed term.

(5) Representatives to the Elders Advisory Council on Aging are limited to a one-term limit. After a representative completes a 3-year term, members will be required to take at least one year off before running for re-election.

(6) Members of the same immediate family will not be allowed to serve on the Elders Advisory Council on Aging at the same time.

(f) Officers. Officers of the Elders Advisory Council on Aging shall be Chairman, Vice-Chairman, and Secretary. All officers shall serve one-year periods. The Elders Advisory Council on Aging shall elect its own Officers from among its representatives. In the absence of the Chairman, the Vice-Chairman shall preside; and in the absence of both the Chairman and the Vice-Chairman, the Secretary shall preside.

(g) Meetings.

(1) Quorum. Four of the representative present at a duly called meeting of the Elders Advisory Council on Aging shall constitute a quorum necessary to conduct business.

(2) Voting. All representatives are entitled to vote on all issues. At the call of the question, by any one representative on a particular issue, voting shall take place thereon. Voting by proxy representation shall be prohibited.

(3) Regularity of Meetings. The Elders Advisory Council on Aging shall meet at least every other month, with additional meetings as required at the request of the Chairman or from four (4) representatives. Notices for meetings shall be provided at least 24 hours before the meeting.

(4) Proceedings. All deliberations of the Elders Advisory Council on Aging, except in Executive Session shall be recorded. Minutes of all meetings shall be taken and copies distributed to representatives prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Elders Advisory Council on Aging.

(5) Executive Sessions. The Elders Advisory Council on Aging may consider the following matter(s) in executive (closed) sessions, but action taken regarding the matter(s) discussed in executive session shall be done in open session:

(A) Conferring with a tribal attorney who is rendering oral or written legal advice concerning strategy to be adopted by the Elders Advisory Council on Aging;

(B) Be advised of personnel decisions made by the Aging Director.

(6) Annual Budget / Compensation of the Elders Advisory Council on Aging.

(A) The Board shall review the annual operation budget of the Aging Unit. Once reviewed, such budget shall be recommended to the Tribal Governing Board for approval as part of the tribal annual budget adoption process.

(B) Representatives to the Elders Advisory Council on Aging are volunteers and will not be compensated for service.

(C) Training for Board members to effectively and diligently carry out the powers and duties of this ordinance shall be provided by the Tribal Governing Board as set forth in the annual operation budget of the Aging Unit including travel, training/conference registration fees, and lodging costs.

(h) Advisory Capacity. Representatives to the Elders Advisory Council on Aging shall serve in an advisory capacity to the Tribal Governing Board and the Aging Director to promote comprehensive planning and the delivery of elder services and programs.

(1) "Advisory Capacity" to the Tribal Governing Board means that the representatives to the Elders Advisory Council on Aging shall assist the Tribal Governing Board in understanding the program and elder service needs of elders residing within the area of operation and such other persons or entities the Aging Unit may serve. As with other Tribal Committees, Boards and Commissions, the Elders Advisory Council on Aging do not supervise the Tribal Governing Board on the delivery of elder services and program matters nor is it empowered to require that certain actions be taken or to require or demand that the Tribal Governing Board engage in or approve any particular recommended course of action. The Elders Advisory Council on Aging shall review but does not have approval authority over all required or requested reports that the Aging Director submits to the Tribal Governing Board. Such duty or authority of review does not extend to reports or portions thereof that may be deemed confidential. The Chairperson or the Secretary of the Elders Advisory Council on Aging may also be present at all meetings where the Director is expected to present or submit required or requested reports.

(2) "Advisory Capacity" to the Aging Director means that the Elders Advisory Council on Aging shall assist the Aging Director in understanding the program and elder service needs of elders residing within the area of operation and such other persons or entities the Aging Unit may serve and in the planning and delivery of those services and evaluation elder programs. The Elders Advisory Council on Aging is not authorized to supervise the Aging Director on the delivery of elder services and program matters or to require or demand that the Director engage in or approve any particular recommendation and shall not be involved in Aging Unit personnel matters except upon Tribal Governing Board request and then in only an advisory capacity.

(i) Restrictions.

(1) No representatives to the Elders Advisory Council on Aging shall be in a position involving a conflict of interest.

(2) No Aging Unit employee shall be a representative.

(3) No elected official of the Tribal Governing Board shall be a representative.

(4) Nothing in this ordinance authorizes the Elders Advisory Council on Aging to interfere with management, operations, and employment relations or decisions of the Aging Unit.

(5) Representatives shall be prohibited from charging or receiving actual or in-kind compensation, fees, or gifts in connection with the performance of their official duties pursuant to Section DMR.5.3.030(a), above.

(j) Personal Liability and Immunity.

(1) Representatives shall not have any personal liability for activities and obligations of the Elders Advisory Council on Aging, except as maybe imposed by law.

(2) The Elders Advisory Council on Aging, as a delegated body of the Tribal Governing Board pursuant to the Lac Court Oreilles Constitution, Article V, §§ 1 (l) and (m), is immune, as is the Tribe, from suit and legal process. Notwithstanding any provision of this ordinance, the Lac Court Oreilles Band of Lake Superior Chippewa Indians does not waive any aspect of its sovereign immunity.

Chapter DMR.6 Paternity and Child Support Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, § 1(s) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to: "establish a tribal court for the purpose of enforcing tribal ordinance..." Article V, § 1(q); "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers" Article V, § 1(s); "provide for the regulation of child custody and domestic relations matters by ordinance or resolution" Article V, § 1 (t). It is the purpose of this ordinance to establish paternity and child support guidelines and procedures for the enforcement of child support and to provide for the reciprocal recognition and enforcement of child support orders and judgments. Indian children are the most vital and valued resource to the continued existence, the future, and integrity of the Lac Courte Oreilles Tribe. The establishment of these guidelines and procedures is in the best interests of all families within the jurisdiction of the Lac Courte Oreilles Tribe, and especially its children, who have a right and need to receive support from their parents.

Subchapter DMR.6.1 Introduction

DMR.6.1.010 Title

This ordinance shall be known as the Paternity and Child Support Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter "Tribe").

DMR.6.1.020 Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, § 1(s) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice..." Article V, § 1(q); "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers" Article V, § 1(s); "provide for the regulation of child custody and domestic relations matters by ordinance or resolution" Article V, § 1 (t).

DMR.6.1.030 Purpose

It is the purpose of this ordinance to establish paternity and child support guidelines and procedures for the enforcement of child support and to provide for the reciprocal recognition and enforcement of child support orders and judgments. Further, to ensure that parentage is identified for each child within our jurisdiction. Identification of parentage is vital in order to protect the best interests of all children regarding such matters as enrollment, customs and traditions of the tribe, survivorship and inheritance, health, support, and social security benefits. The establishment of these guidelines and procedures is in the best interests of all families within the jurisdiction of the Lac Courte Oreilles Tribe, and especially its children, who have a right and need to receive support from their parents.

DMR.6.1.040 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

DMR.6.1.050 Interpretation

(a) The provisions of this ordinance:

(1) Shall be liberally construed in favor of the Tribe;

(2) Shall not be deemed a limitation or repeal of any other tribal power or authority;

(3) Does not waive the sovereign immunity of the Tribe in any respect.

DMR.6.1.060 Severability and Non-Liability

DMR.6.1.070 Repeal of Inconsistent Tribal Ordinances

Subchapter DMR.6.2 Definitions

DMR.6.2.010 General Definitions

(a) "Acknowledgement of paternity" means both the mother and the father voluntarily signed and filed a form with the state registrar.

(b) "Adult child" means a person who is age eighteen (18) years or older.

(c) "Alleged father" means any male who might be the biological father of a child, including males who are 'presumed fathers,' except where paternity has already been established by a court order or other operation of law.

(d) "Arrears" means court ordered support that has accrued due to non-payment.

(e) "Best Interests of the Child" means a set of factors the judge will consider when determining the best interest of the child which may include:

(1) The child's age.

(2) The child's wishes, depending upon their age and maturity.

(3) Maintaining consistency for the child, which includes maintaining living arrangements, school, childcare routines, access to cultural resources, access to extended family members, and extracurricular activities.

(4) Evidence of protective parenting capacity. Whether a parent is genuinely able to meet the child's physical and emotional needs, including food, shelter, clothing, medical care, education, emotional support, parental guidance. This may include investigation into the parents' physical and mental health.

(5) Impact of changing the child's existing routine.

(6) The child's physical, behavioral, and emotional safety.

(f) "Child" means a person who is less than eighteen (18) years old who has not been emancipated by order of a court.

(g) "Child Support" means the financial obligation that a parent owes toward his or her child(ren), established through a court order.

(h) "Custodial parent" means the person who holds primary physical placement of the child(ren) pursuant to a court order, or who exercises primary physical placement of the child(ren) on the basis of an agreement between the parents or by the absence of one parent.

(i) "Federal poverty guidelines" means the poverty guidelines updated periodically in the Federal Register by the U.S. department of health and human services under the authority of 42 USC 9900 (2).

(j) "Genetic Testing" means a DNA paternity test or other approved testing used to establish that the alleged father is the child's biological father with a probability of paternity of 98% or higher.

(k) "Good faith payment" means a type of payment made as a sign that you have made an effort to pay.

(l) "Guardian" means a legal guardian with primary physical placement of the child(ren) and standing in the position of the parent and shall have the same rights to child support as a custodial parent.

(m) "Guardian ad Litem" means an adult person meeting the qualifications established by the Court and appointed by the Court to represent the best interest of a child for the duration of an action before the Court. Once appointed by the Court, the Guardian ad litem shall be a full party in the court action and shall have full access to the content of all Court files in the action.

(n) "Non-custodial parent" means the parent who does not hold primary physical placement of the child(ren) pursuant to a court order, or who does not exercise primary physical placement of the child(ren) on the basis of an agreement between the parents or by absence of one parent.

(o) "Parent" means the biological or adoptive parent of the child but does not include persons whose parental rights have been terminated.

(p) "Party" means the parent, guardian, child, guardian ad litem, Tribe, or Tribal Child Support Program to whom certain rights accrue, including, but not limited to, with certain restrictions and limitations; the right to be notified of proceedings; to retain counsel or, in some cases, to secure Court-approved spokespersons; to appear and present evidence; to call, examine, and cross-examine witnesses; the unlimited or restricted right to discovery and the inspection of records; and the right to request a hearing or appeal a final order.

(q) "Paternity" means fatherhood. 'Establish paternity' means identifying the father of a child and legally determining parentage.

(r) "Payee" means the parent who is the recipient of child support as a result of a court order.

(s) "Payer" means the parent who incurs a legal obligation for child support as a result of a court order.

(t) "Purge" means a condition that must be complied with in order to avoid going to jail for contempt of court.

(u) "Reservation" means lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(v) "Stayed" means a ruling by the Court halting a proceeding for a certain period of time OR halting a jail sentence upon compliance with certain condition(s). The Court can subsequently lift the stay and resume proceedings OR enforce a jail sentence.

(w) "TANF" means the Temporary Assistance to needy Families program, whether administered by the Lac Courte Oreilles Tribe, or another Tribe or a State.

(x) "Tribal Court" means the duly constituted court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, as established by the Tribal Governing Board, with the judicial authority of the Tribe pursuant to Tribal Governing Board Resolution 76-10, dated May 27, 1976.

(y) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(z) "Variable costs" means the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to, the cost of childcare, tuition, a child's special needs, and other activities that involve substantial costs.

Subchapter DMR.6.3 Jurisdiction and Procedure

DMR.6.3.010 Jurisdiction

(a) The Tribal Court shall have jurisdiction over domestic relations matters where:

(1) Any party to the action, or any child who is the subject of an action, is a member of the Tribe,

(2) Any party to the action, or any child who is the subject of an action, is eligible to be a member of the Tribe, and/or

(3) Where any party, or any subject child, resides on the Reservation.

(b) In every action under this Code, the Court shall retain continuing, exclusive jurisdiction over the child to the fullest extent permitted by law.

(c) The Court has the authority to accept jurisdiction over cases transferred to it from other courts or governments where such proceedings are governed by this Code.

DMR.6.3.020 Procedure

(a) Where specific rules of procedure are not prescribed in this chapter, the rules set forth in the "Tribal Court Code", Tribal Code of Law, Chapter TCT.2, shall apply.

(b) There is no right to a jury in any proceeding under this Code.

Subchapter DMR.6.4 Referral

DMR.6.4.010 Paternity

(a) The Court may refer a paternity case to LCO Child Support Services for assistance in determination of paternity establishment.

(b) LCO Child Support Services shall not assist is disestablishment of paternity.

(1) A party may petition the Court to disestablish paternity through their own action.

(c) LCO Child Support Services may assist parties in reaching agreements in paternity establishment without a hearing. Stipulation and Orders for genetic testing shall include all necessary language as required under Tribal Law. A Stipulation and Order signed by all parties shall be submitted to the Tribal Court for review and approval by the Tribal Judge or Magistrate. When filed with the Tribal Court the Stipulation and Order shall have the same force and effect as any order of the Court on the issues addressed therein.

DMR.6.4.020 Divorce, Legal Separation, Child Support

(a) The Court may refer any divorce, legal separation, or child support case to LCO Child Support Services for assistance in determination of support.

(b) LCO Child Support Services may assist parties in reaching agreements in determination of support without a hearing. Stipulation and Orders for child support shall include all necessary language as required under Tribal Law. A Stipulation and Order signed by all parties shall be submitted to the Tribal Court for review and approval by the Tribal Judge. When filed with the Tribal Court the Stipulation and Order shall have the same force and effect as any order of the Court on the issues addressed therein.

Subchapter DMR.6.5 Paternity

DMR.6.5.010 Actions for Paternity

(a) An action may be brought under this section to determine the paternity of a child.

(b) If the paternity of any child is not established, then the child shall be presumed to have one-half (1/2) degree of the Indian blood of the mother for the purposes of meeting the criteria for enrollment with the Lac Courte Oreilles Band.

DMR.6.5.020 Who May Bring Action to Determine Paternity

(a) The following may bring an action to determine paternity of a child.

(1) The child.

(2) The child's biological mother.

(3) An alleged father of the child.

(4) The personal representative of any of the persons listed in (a)-(c) if that person is deceased.

(5) The child's guardian or custodian, whether so appointed by a court or not.

(6) The Tribe or any State agency in a situation where the child has received public benefits for which the father would be liable.

(7) Guardian ad litem of the child appointed for any purpose in which the determination of paternity is in the best interests of the child.

(8) Any person who may be liable for the support and maintenance of the child.

(9) LCO Child Support Services.

DMR.6.5.030 Procedure

Except as otherwise provided in this chapter, any action filed under this section shall proceed under the "Tribal Court Code", Tribal Code of Law, Chapter TCT.2. Any such action shall be captioned, "In re the paternity of [child's initials: D.O.B.:]" and shall name the mother and the alleged father as parties. When LCO Child Support Services is filing an action on behalf of either party, they shall be named as Petitioner/Co-Petitioner. The Court may, in its discretion, appoint a guardian ad litem for a child or a minor parent in any paternity proceeding.

DMR.6.5.040 Relief Allowed

As part of a petition for paternity or as a response thereto, any party may ask the Court to also determine child support; liability for the costs of prenatal care, labor, and delivery; custody; and physical placement.

DMR.6.5.050 Dismissal for Best Interests of Child

At any time during a proceeding under this section, the Court may refuse to order genetic or other paternity tests and may dismiss the proceeding if the determination of paternity sought is not in the best interests of the child. This includes a child conceived as a result of forcible rape or incest or if adoption of the child is pending.

DMR.6.5.060 Evidence of Paternity

(a) The burden of proof shall be clear and convincing evidence.

(b) Evidence relating to paternity may include, but is not limited to:

(1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.

(2) An expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy.

(3) Genetic test results under this section or otherwise conducted and the results made available to the court.

(4) The statistical probability of the alleged father's paternity based upon the genetic tests.

(5) Medical, scientific or genetic evidence relating to the alleged father's paternity of the child based on tests performed by an accredited genetic testing laboratory.

(6) The testimony of the father voluntarily admitting paternity of the child.

(7) All other evidence relevant to the issue of paternity of the child.

(1) Testimony related to the sexual relations of the mother at any time other than the possible time of conception of the child.

(2) Testimony offered on behalf of the alleged father to rebut paternity, related to the sexual relations of the mother during the possible time of conception of the child with a man other than the man alleged to be the father in the action, unless the father has undergone genetic paternity tests and made the results available to the Court.

DMR.6.5.070 Marital Presumption

(a) Presumption of Paternity Based on Marriage of the Parties.

(1) A person is presumed to be the parent of a child if any of the following applying:

(A) An individual and the child's biological mother are/or had been married to each other and the child was conceived or born after the marriage and before the granting of a decree of legal separation, annulment, or divorce between the parties; or

(B) An individual and the child's biological mother were married to each other after the child was born but the individual and the child's biological mother had a relationship with one another during the period of time within which the child was conceived and no other individual has been adjudicated to be the father or presumed to be the father of the child under paragraph (i), above.

(2) To overcome the presumption of a marital child, the Court shall appoint a Guardian ad Litem (GAL) to represent the best interests of the child in question.

(A) The GAL will determine whether or not it is in the best interests of the child that a person other than the spouse of the biological mother be determined to be the biological parent. Upon recommendation of the GAL genetic tests shall be conducted, the GAL will also indicate which individuals must submit to genetic testing. The Court shall give great weight to the GAL's reports and recommendations, on whether or not genetic testing should be conducted and on whom, if any, and on whether or not the marital presumption as to the parentage of the child shall be overcome.

(B) Once paternity has been adjudicated and the marital presumption has been overcome the spouse is no longer a party to the action.

DMR.6.5.080 Genetic Tests

(a) Except where genetic tests have already been conducted and made available to the Court, the Court may, and upon request of a party shall, require the child, mother, any male for whom there is a probable cause to believe that he had sexual intercourse with the mother during a possible time of the child's conception, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient petition or affidavit of the child's mother or an alleged father, filed with the Court, or after an examination under oath of a party or witness, when the Court determines such an examination is necessary.

(1) If properly noticed of a Petition for Genetic Testing, and upon failure to appear, the Court may issue a Bench Warrant for a party to remain in effect until the party has submitted themselves to genetic testing.

(b) If genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father's percentage is 98.0% or higher, the alleged father shall be rebuttably presumed to be the child's parent.

(1) Paternity may be established administratively if the results of genetic tests show a probability of paternity of 98% or higher.

(2) When a birth record is updated with a man's name because genetic tests results show a probability of paternity of 98% or higher, the administrative paternity determination is a conclusive determination of paternity and will have the effect of a court judgment.

(c) If genetic tests exclude an alleged father as the father of the child, this evidence shall be conclusive evidence of non-paternity and the Court shall dismiss any paternity action with respect to that alleged father.

(d) If genetic tests exclude any male witness from possible paternity, the tests shall be conclusive evidence of nonpaternity of the male witness. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with any person excluded as a possible father, as a result of a genetic test, is inadmissible as evidence.

(e) If any party refuses to submit to a genetic test, this fact shall be disclosed to the Court. Refusal to submit to a genetic test ordered by the Court is contempt of the Court. In addition to other contempt remedies and sanctions, the Court, in appropriate circumstances, may dismiss the action.

DMR.6.5.090 Adjudicated Paternity Orders

(a) The decision of the Court shall be final for the purposes of appeal.

(b) The order determining the existence or nonexistence of the parent-child relationship shall be effective for all other purposes of this Code.

(1) The Court may authorize that the child's name be changed.

(2) If the finding of paternity or the child's new name varies from the child's birth certificate, the Court shall order the LCO Child Support Services to file an amended vital records form with the state registrar, if the child was born in the state of Wisconsin.

(3) If the child was born outside of the State of Wisconsin, LCO Child Support Services will provide a certified paternity order to the parent to file with the state registrar in the state in which the child was born.

DMR.6.5.100 Effect of Voluntary Acknowledgment

(a) When a father has signed and filed a voluntary acknowledgment of paternity, the mother and father shall have the right to petition the Court for a determination of child support; liability for the costs of prenatal care, labor, and delivery; custody; and physical placement as though a paternity judgment had been obtained under this section.

(1) LCO Voluntary Acknowledgment of Paternity forms will be made available at the LCO Child Support Services.

(A) LCO Voluntary Acknowledgement of Paternity form offers the option of joint or sole custody and the option of shared or primary placement.

(2) State of Wisconsin Voluntary Paternity Acknowledgement forms will be made available at the LCO Child Support Services.

(A) State of Wisconsin Voluntary Paternity Acknowledgement form gives sole custody and placement to the mother.

DMR.6.5.110 Closed Proceedings and Records

Paternity proceedings shall be in closed session of the Court, and paternity records shall not be available for public inspections, but shall be available to the child, the child's guardian ad litem, the parents, the attorneys for the child and parents, the Indian Child Welfare Department, the LCO Child Support Services, and the Tribal Enrollment Department. The Court may, by order, make the file, or any part thereof, available to any other person on petition.

Subchapter DMR.6.6 Child Support

DMR.6.6.010 Actions for Child Support

(a) In a proceeding for divorce, legal separation, paternity of child, or support, the Court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support, without regard to marital misconduct, after considering all relevant factors.

(b) Relevant factors include but are not limited to:

(1) The financial resources and needs of the child.

(2) The financial resources and needs of the custodial parent.

(3) The financial resources and needs of the non-custodial parent.

(4) The standard of living the child would have enjoyed had the marriage not been dissolved.

(5) The physical and emotional condition of the child, and the child's educational needs.

(6) Excessive and abnormal expenditures, destruction, concealment, or fraudulent disposition of community joint tenancy or other property held in common.

(7) The tax consequences of such payments to each parent.

DMR.6.6.020 Health Insurance

Any order for child support shall also specifically set forth each parent's responsibility for providing health insurance to the minor child and for the payment of the minor child's health expenses uncovered by insurance including if the child is eligible for Indian Health Services.

DMR.6.6.030 Duration of Child Support

(a) Child support is payable until the child's 18^th birthday, unless the child is, at the time of the 18^th birthday, residing with the Custodial Party and pursuing a high school diploma or an equivalency degree, through an accredited school or services. If the child is, at the time of the 18^thbirthday, residing with the Custodial Party and pursuing a high school diploma or an equivalency degree, through an accredited school or services, the support obligation continues until the completion of the award of diploma or degree, but not beyond the child's 19^th birthday.

(1) Burden of proof is on the custodial parent.

(2) Child must be so actively engaged that financial support from non-custodial parent is necessary.

(b) In the case of a mentally or physically disabled child, the Court may, after consideration of the factors set forth in Section DMR.6.6.010(b), order support to continue past the 19^th birthday and to be paid to the child's custodial parent, guardian, or other person.

DMR.6.6.040 Liability for past Support or "Arrears"

(a) If an arrearage for child support or fees exists at the time that a child support obligation terminates, payments shall continue in the same total amount that was due under the terms of the previous Court order or income withholding in effect at the time of the support obligation.

(b) The total amount of these payments will be applied to the arrearage until all arrearages and fees are satisfied or until further order of the Court.

(c) LCO Child Support Services will continue collection efforts for a period of ten (10) years or until such time as the youngest adult child reaches the age of thirty (30), whichever is later.

(1) Close of Collection Action: At least thirty (30) days prior to the closure date, LCO Child Support Services will:

(A) Provide to the parties a Notice that collection efforts will cease and upon which date, and

(B) Furnish to the parties a certified statement of arrears.

(2) The party who is owed arrears may still pursue collection efforts on their own for past due support.

(d) Interest on Arrears: The Court shall not charge interest on child support arrears.

DMR.6.6.050 Child Support Guidelines

(a) The Child Support Guidelines incorporated herein shall apply to all child support cases that come before the Tribal Court. Child Support Guidelines shall, at a minimum:

(1) Take into consideration all gross income of both parents;

(2) Take into consideration the number of children to be supported;

(3) Be based on specific descriptive and numeric criteria and result in a computation of an amount of child support sufficient to meet the basic needs of the child(ren).

(b) Gross Income. Child support is calculated utilizing the payer's gross income. Gross income is the combined income received by the payer before any taxes, retirement or other deductions are made. Gross income is derived from the following sources:

(1) Salaries and wages,

(2) Interest and investment income,

(3) Social Security Disability (SSDI) and old-age benefits,

(4) Net proceeds from worker's compensation or other personal injury awards,

(5) Unemployment benefits,

(6) Voluntary deferred compensation (pension, profit sharing),

(7) Military and veteran benefits,

(8) Undistributed income of a corporation,

(9) All other income, whether taxable or not, including per capita and compensation earned from committee work.

(1) Child Support,

(2) Foster care or kinship care payments,

(3) TANF,

(4) FoodShare (SNAP),

(5) Supplemental Security Insurance (SSI) benefits.

(d) Earning Capacity/Imputed Income.

(1) If the payer's income is less than the payer's earning capacity or is unknown, the Tribal Court may impute income at an amount that represents the parent's ability to earn, based on the parent's education, training and recent work experience, earnings during previous periods, current physical and mental health, and the availability of work in or near the payer's community.

(2) If the payer is unemployed the Tribal Court may impute income based on thirty- five (35) hours per week at the federal minimum wage.

(e) Minimum Orders. Every parent, regardless of income, has an obligation to provide financial support for their child(ren). A minimum order of $80.00 per month may be recommended to the Court in circumstances where imputed income is unavailable. Examples of these circumstances include but are not limited to:

(1) When the payer has no verifiable work history;

(2) When the payer has documented AODA issues and is actively involved in treatment;

(3) When the payer is incarcerated and either does not qualify for case suspension and/or is still receiving an income;

(4) Any other time as ordered by the Court.

DMR.6.6.060 Basic Child Support Calculations

(a) Child support is a set amount based on the payer's gross income multiplied by the following percentages for the number of children in the case:

(1) 17% for one child,

(2) 25% for two children,

(3) 29% for three children,

(4) 31% for four children,

(5) 34% for five children or more.

EXAMPLE: Payer's gross monthly income is $3,000.00 and there is one minor child in the case. $3,000.00 x 17% = $510.00 monthly child support obligation.

(b) Serial Payer Credits. If a payer has more than one child support case, the amount of the prior child support order shall be deducted from his or her gross income and then multiplied by the percentages above.

EXAMPLE: The payer has a monthly gross income of $3,000.00 and has a prior child support obligation of $510.00 per month. There is one minor child in the second case. $3,000.00 -$510.00 = $2,490.00 adjusted gross income. $2,490.00 x 17% = $423.30 monthly child support obligation for the second case.

(c) Shared Placement. Shared placement calculations must be utilized when one parent has placement of the child(ren) overnight 25% (92 days) or more per calendar year.

(1) To determine the percentage, divide the number of overnight placements by 365 days per year.

(2) Calculate each parent's monthly income available for child support. If one or both parents have a prior child support obligation, determine the parent's adjusted gross income available for this child support order pursuant to Section DMR.6.6.070(b) above.

(3) Child support is based on each parent's income multiplied by the appropriate percentage standard and then multiplied by 150% (household maintenance expenditures for each parent), then multiplied by the percentage of time the other parent has with the children and then offsetting each parent's child support obligation against each other to determine child support for the month.

EXAMPLE: Parent A monthly gross income of $3,000.00. Parent B monthly gross income of $2,000.00. One child in the case and spends 100 overnights (110/365 = 27%) per year with Parent A. The remaining 265 overnights (265/365 = 73%) are spent with Parent B.

Parent A obligation is $3,000.00 x 17% = $510.00. $510.00 x 150% = $765.00. $765.00 x 73% = $558.45.

Parent B obligation is $2,000.00 x 17% = $340.00. $340.00 x 150% = $510.00. $510.00 x 27% = $137.70.

Parent A's monthly obligation of $558.45 minus Parent B's monthly obligation of $137.70 = $420.75.

Conclusion: Parent A pays Parent B $420.75 per month for child support.

(d) Split placement. Split placement calculations must be used when the parents have two or more children and each parent has placement of one or more, but not all, of the minor children.

(1) Calculate each parent's monthly income available for child support. If one or both parents have a prior child support obligation, determine the parent's adjusted gross income available for this child support order pursuant to Section DMR.6.6.070(b) above.

(2) Multiply the amount of adjusted gross income for each parent by the pro-rata percentage standard for the number of children in split-placement who are placed with the other parent. The pro rata percentage standard for the number of children in split-placement who are placed with the other parent is calculated by determining the appropriate percentage standard (ordinary percentages) for the total number of children, dividing the total number of children and adding together the percentages for the children in split-placement who are placed with the other parent as follows:

(A) 2 children = 12.5% for each child (25% divided by 2),

(B) 3 children = 9.67% for each child (29% divided by 3),

(D) 5 children = 6.8% for each child (34% divided by 5).

EXAMPLE: Parent A monthly gross income of $3,000.00. Parent B monthly gross income of $2,000.00. There are three minor children. Two children reside with Parent B and one child resides with Parent A.

Parent A obligation is $3,000.00 x 19.34% (two children) = $580.20. Parent B obligation is $2,000.00 x 9.67% (one child) = $193.40. Parent A's monthly obligation of $580.20 minus Parent B's monthly obligation of $193.40 = $386.80.

Conclusion: Parent A pays Parent B $386.80 per month for child support for two (2) children.

(e) Low-Income Payers. Payers whose income falls below 150% of the federal poverty level are considered low income payers. Child support will be determined pursuant to the low- income payer guidelines of the Federal Poverty Index.

(f) High-Income Payers. The Tribal Court may apply reduced percentages under paragraphs (a) or (b) below if the payer is considered to earn high income:

(1) The Tribal Court may apply reduced percentages to the proportion of a payer's monthly income available for child support that is greater than or equal to $7,000 and less than or equal to $12,500:

(A) 14% for one child,

(B) 20% for two children,

(D) 25% for four children,

(E) 27% for five or more children.

(2) The Tribal Court may apply the following percentages to the proportion of a payer's monthly income available for child support that is greater than $12,500:

(A) 10% for one child,

(B) 15% for two children,

(D) 19% for four children,

(E) 20% for five or more children.

DMR.6.6.070 Deviation from Child Support Guidelines

(a) The Tribal Court may consider a deviation from the child support guidelines after the Court finds credible evidence that use of the guidelines is unfair to the child or to either of the parties and considering the following factors:

(1) The financial resources of the child.

(2) The financial resources of both parents.

(3) Maintenance received by either party.

(4) The needs of each party in order to support himself or herself at a level equal to the federal poverty guidelines.

(5) The needs of any person other than the child, whom either party is legally obligated to pay support.

(6) If the parties were married, the standard of living the child would have enjoyed had the marriage continued.

(7) The desirability of the custodial party to remain in the home as a full-time parent.

(8) The cost of childcare if the custodial party works outside the home or the value of custodial services performed by the custodial party if the custodial party remains at home.

(9) Extraordinary travel expenses incurred in exercising the right to periods of physical placement.

(10) The physical, mental and emotional needs of the child.

(11) The child's educational needs.

(12) The tax consequences to each party.

(13) The use of net income rather than gross income.

(14) The best interests of the child.

(15) The earning capacity of each parent, based on each parent's education, training and work experience and the availability of work in or near the parent's community.

(16) Any other factors which the Tribal Court in each case determines are relevant.

(b) Any deviation from the guidelines must be included in the written order for support.

DMR.6.6.080 Non-Cash Support

(a) The Tribal Court may consider the use of in-kind goods or services as limited or short-term non-cash support to satisfy support obligations on a case-by-case basis when all the following criteria is met:

(1) Payer has no means or resources to make cash payments and the payer can provide evidence to the Tribal Court that all reasonable efforts are being made to obtain gainful employment;

(A) Reasonable efforts include providing proof, in writing to LCO Child Support Services, that the Payer sought work at no less than two (2) places of business every week for four (4) consecutive weeks; and

(B) Payer must complete and submit a Financial Disclosure form to LCO Child Support Services and the Tribal Court.

(2) Payer and Payee agree to the terms of the non-cash support;

(3) The non-cash support has a specific market-dollar value identified; and

(4) The Tribal Court approves of the type and terms of the non-cash support obligation.

(A) Non-cash support is not allowed as an acceptable form of payment to meet an obligation of assigned child support for tribal or state agencies that are designated as the Payee on the child support case where an assignment of rights has been entered into.

(B) The Tribal Court Order must describe the type of non-cash support including the specific dollar amount of the goods or services based on current market value.

(C) The failure of the Payer to comply with an ordered non-cash obligation will result in the accrual of arrears in the dollar amount assigned to the goods or services.

(D) The Payee is required to complete and submit, to the LCO Child Support Services, a Notice of Failure to Meet Non-Cash Obligation no later than the last day of each month if the non-cash obligation was not met. Failure by the Payee to submit the Notice within the require timeframe will result in a presumption that the non-cash support was met and the child support account will be credited per the Tribal Court Order.

Subchapter DMR.6.7 Payment of Child Support

DMR.6.7.010 Payments to LCO Child Support Services

(a) Upon its own motion or upon motion of either party, the Court may order at any time that child support payments be made to LCO Child Support Services for remittance to the person entitled to receive payments.

(b) For cases where child support is ordered by the Court, payments will be made to LCO Child Support Services for remittance to the person/entity ordered to receive the payments.

(1) For receiving and disbursing child support payments, including payment for arrears or fees, LCO Child Support Services will not charge a receipt and disbursement processing fee.

DMR.6.7.020 Payment Record

(a) LCO Child Support Services shall maintain records listing the amount and type of obligation ordered, the amount of payments, the date payments are due and the date received, the balance of each account debt, and the names and addresses of the parties affected by the order.

DMR.6.7.030 Change of Address

(a) The parties affected by the order shall inform LCO Child Support Services of any change of address within ten (10) days of such change.

DMR.6.7.040 Failure to Pay

(a) If a person obligated to pay support fails to do so, LCO Child Support Services, or any party entitled to such support may institute an action requesting:

(1) An order for the payer to show cause why he or she should not be subject to contempt of court.

(2) A finding of Contempt of Court. See Tribal Code of Law, Chapter TCT.2, Subchapter TCT.2.14.

(A) Contempt of Court may result in incarceration.

DMR.6.7.050 Alternatives to Contempt of Court

(a) A sanction imposed by the Court may be "stayed" or "purged" depending upon compliance with purge conditions including, but not limited to;

(1) Maintain contact with LCO Child Support Services;

(2) Provide medical documentation to LCO Child Support Services OR the Tribal Court showing a limited ability or inability to work;

(3) Complete a barriers assessment with LCO Child Support Services;

(4) Seek work at no less than two (2) places of employment each week and report efforts of doing so to LCO Child Support Services;

(5) Register with a Wisconsin Job Center, and provide proof of doing so to LCO Child Support Services;

(6) Submit a "bond" or "good faith" payment to LCO Child Support Services;

(7) A ban from the Sevenwinds Casino for gambling purposes;

(8) Any other condition the Court finds appropriate as a means to stay or purge a Contempt of Court.

DMR.6.7.060 Wage Assignment for Support

(a) Each order for child support payments constitutes an assignment to the intended recipient of the support of all income as described in Section DMR.6.6.050(b) above, which includes commissions, earning, salaries, wages, pension benefits, workers compensation or unemployment insurance benefits, lottery prizes that are payable in installments and other money due or to be due in the future. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 65% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not exceed the amounts allowed to be intercepted for child support purposes pursuant to the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b)).

(b) Each individual ordered to pay child support shall, under oath and under penalty of contempt of court, at the time of the order disclose to the court all of his or her sources of income, including the names and addresses of all payers of income to him or her. Such individual shall thereafter notify the LCO Child Support Services of any change of employer or addition or loss of source of income within ten (10) days of such change.

(c) LCO Child Support Services shall prepare and send to each employer and source of income a Notice of Income Withholding Order, using the federal form as required under 45 C.F.R. § 309.110, in an amount sufficient to ensure payment as provided in subsec. (a).

(1) The individual ordered to pay child support shall pay his or her obligation directly to the LCO Child Support Services during any period of time when a wage withholding is not effectuated by an employer or other source of income.

(d) Any employer or other source of income who receives an Income Withholding Order may deduct from each payment a sum not exceeding five (5) dollars as reimbursement for costs.

(e) Should an Income Withholding Order not be in place immediately, the LCO Child Support Services must immediately issue a Notice of Income Withholding Order to the employer should the payer become delinquent equal to the support for one month.

(f) LCO Child Support Services will promptly terminate the Income Withholding Order where there is no longer a current order for child support and all arrearages have been satisfied.

(1) An Income Withholding Order may also be terminated upon Order from the Court OR in circumstances where only notice is required (such as: employee changes job).

(g) LCO Child Support Services will promptly refund any amounts which have been improperly withheld.

(h) An employer shall not discharge or otherwise discipline an employee solely as a result of a wage or salary assignment authorized by the section.

(i) Should an employer fail to withhold child support payments pursuant to the terms of the Income Withholding Order and remit said payments to LCO Child Support Services within five (5) days of the pay period, the employer shall be responsible to pay the amounts that should have been withheld.

(j) The Court shall enforce a valid Income Withholding Order made by another jurisdiction and shall not make modifications to that order except as allowed by applicable law. The Tribal Court is not required to honor any wage withholding order from a foreign jurisdiction unless said order has been submitted to LCO Child Support Services who will register, and file said order with the Court as a full faith and credit order.

DMR.6.7.070 Foreign Orders

(a) Employee of the Tribe: LCO Child Support Services will provide collections on child support orders referred to the Tribe by a foreign jurisdiction for employees of the tribe who are not otherwise within the jurisdiction of the LCO Tribal Court. LCO Child Support Services may request full faith and credit of the order to assist with collection remedies if necessary. If the individual leaves employment with the Tribe, the case will be returned to a tribal or state agency.

(1) Objection: Employees of the Tribe who are not otherwise within the jurisdiction of the LCO Tribal Court may object to LCO Child Support Services providing collections on their child support orders. That objection shall be timely made in writing to LCO Child Support Services.

Subchapter DMR.6.8 Modification of Child Support

DMR.6.8.010 Child Support Modifications

(a) A child support order may be revised upon a showing of a substantial change of circumstances. A substantial change in circumstances includes, but is not limited to, the following:

(1) Increase or decrease of either party's income would result in a modification of at least fifty dollars ($50) to the order;

(2) A change in the placement of the child, as ordered by the Court;

(3) A change in the overnight visitation of the child to ninety-two (92) overnight visits or more; and/or

(4) A finding of physical or mental disability of the payer.

(b) LCO Child Support Services and/or the Court shall consider the length of time the change has been in effect or will be in effect.

(c) If either party is seeking a modification by LCO Child Support Services, they shall first complete and submit a Request for Review with LCO Child Support Services.

(1) Either party may bring a Motion to the Court for Modification of child support on their own.

DMR.6.8.020 Death of Payee/Paver

(a) Thirty (30) days following notice to LCO Child Support Services of the death of payee/payer, if no probate action has been started or located by LCO Child Support Services through research, LCO Child Support Services shall request an order vacating the custodial arrears owed and for an order immediately terminating any obligation for continued current support.

(1) Date of Death must be confirmed through written documentation.

Subchapter DMR.6.9 Incarcerated Payers

DMR.6.9.010 Request for Review/Modification/Suspension of Child Support Due to Incarceration

(a) Upon request of an incarcerated payer whose anticipated future period of incarceration is twelve (12) months or more, LCO Child Support Services shall evaluate his or her case(s) to determine whether a review and adjustment is appropriate.

(1) LCO Child Support Services may elect to review cases if the incarcerated payer does not make the initial request.

(2) LCO Child Support Services may elect to review cases if the period of incarceration is less than twelve (12) months.

(b) Regardless of the length of incarceration, LCO Child Support Services shall not evaluate the case for review and adjustment if any of the following statements apply:

(1) The payer is incarcerated for nonpayment of child support,

(2) The payer is incarcerated for a crime committed against any child, or

(3) The payer is incarcerated for a crime committed against a party in the child support case.

(c) An incarcerated non-custodial parent may make his or her own motion to the Court for modification of child support due to his or her incarceration.

DMR.6.9.020 Review of Child Support

(a) If a review is conducted, the following factors shall be considered to determine whether the payer has the ability to pay during his or her period of incarceration:

(1) Payer's assets and income during the period of incarceration,

(2) Availability of employment during the period of incarceration,

(3) Total length of incarceration,

(4) Employability following incarceration,

(5) Any other factors which the Tribal Court in each case determines are relevant.

DMR.6.9.030 Reinstatement of Child Support upon Release

Unless otherwise ordered by the Court, LCO Child Support Services shall administratively reinstate the child support obligation for current support once sixty (60) days have lapsed from the date payer is released from his or her current incarceration.

Chapter DMR.7 Foster Care Licensing Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

Indian Child Welfare Foster Parents are the main providers for children placed in their home. They are expected to have the necessary knowledge and skills required to deliver safe nurturing care in their homes, as well as an understanding of Lac Courte Oreilles values, cultural teachings, and events. They shall have patience, flexibility, confidence, self-awareness, and intelligence to develop and carry out any treatment plan for each child. They shall also have "common sense." Foster Parents need to be open to ongoing learning and growth and must be willing to work cooperatively with other members of the Indian Child Welfare Department as well as the children's medical and mental health providers, schools, or any others that are vested with the health, safety, and welfare, of Lac Courte Oreilles children.

Those who join Indian Child Welfare to become licensed foster families shall operate in accordance with Tribal law and ordinances, as well as follow guidelines under the Indian Child Welfare Act ("ICWA"). To qualify, applicants shall have some experience working with children, and may be required to complete training that is directed towards working with children with complex emotional needs. LCO Indian Child Welfare foster parents shall also pass a background check to be compliant with the Native American Children's Safety Act.

Subchapter DMR.7.1 Introduction

DMR.7.1.010 Title.

This ordinance shall be known as the Foster Care Licensing Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter "Tribe").

DMR.7.1.020 Authority.

DMR.7.1.030 Policy.

Those who join Indian Child Welfare to become licensed foster families shall operate in accordance with Tribal law and ordinances, as well as follow guidelines under the Indian Child Welfare Act ("ICWA").LCO Indian Child Welfare foster parents shall also pass a background check to be compliant with the Native American Children's Safety Act.

DMR.7.1.060 Effective Date.

The provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

DMR.7.1.070 Interpretation.

The provisions of this ordinance:

(a) Shall be liberally construed in favor of the Tribe; and

(b) Shall not be deemed a limitation or repeal of any tribal power or authority.

DMR.7.1.080 Severability and Non-Liability.

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

DMR.7.1.090 Repeal of Inconsistent Tribal Ordinances.

All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater restrictions than those contained in any other tribal ordinance, the provisions of this ordinance shall govern.

Subchapter DMR.7.2 Definitions

DMR.7.2.010 General Definitions.

Any term not defined in this Section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise.

(a) "Applicant" means the individual or individuals who have submitted a signed and dated application form for a foster care license to the Indian Child Welfare.

(b) "Agency" means the Lac Courte Oreilles Indian Child Welfare Department.

(c) "Band Members or Member" means a person enrolled or eligible for enrollment with the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(d) "Child" means a person under the age of eighteen (18).

(e) "Extended Family Member" means "Relative" as defined in this ordinance.

(f) "Foster Child" means a child who lives in a home required to be licensed under this ordinance and the Indian Child Welfare Act.

(g) "Foster Home" means any facility operated by a person required to be licensed under this ordinance or the Indian Child Welfare Act.

(h) "Foster Home Types" means one of the following:

(1) "Respite Home" means a home designated primarily for time-limited emergency placements, usually lasting no longer than thirty (30) days for any child.

(2) "Group Family Foster Home" means a home providing care for no more than ten (10) children, including the family's own children.

(3) "Restricted Home" means a home licensed for a specific child(ren). A restricted home may not accept children other than the specified named child(ren).

(i) "Foster Parent" means a person or persons who operate a facility required to be licensed under this ordinance and the Indian Child Welfare Act.

(j) "Guardian" means a person having the right to make major decisions affecting the child including the right to consent to marriage, to enlistment in the armed forces, to invasive surgery and to adoption, or to make recommendations as to adoption.

(k) "Indian/Native American" means any person who is a member of a Native American Tribe, or who is eligible for membership with an Indian Tribe.

(l) "Indian Custodian" means any Native American person who has legal custody of a Native American Child under Tribal Law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of such child

(m) "Legal Custodian" means the person having the legal right to the care, custody, and control of a child and the duty to provide food, clothing, shelter, routine medical care, education, and discipline for a child, under State Law or Tribal Court Order.

(n) "License" means a document issued by the Tribal Governing Board which authorizes the applicant/s to provide foster care.

(o) "Licensed Capacity" means the maximum number of foster children who can live in the foster home at any given time.

(p) "Mandated Reporter" is a person who, because of his or her profession, is legally required to report any suspicion of child abuse or neglect to the relevant authorities. These laws are in place to prevent children from being abused and to end any possible abuse or neglect at the earliest possible stage.

(q) "Parent" means any biological parent or parents of a Native American Child or any Native American Person who has lawfully adopted an Indian Child, including adoptions under Tribal Law or custom. It does not include the unwed father where paternity has not been acknowledged or established.

(r) "Relative" means a parent, grandparent, brother, sister, uncle, aunt, cousin, nephew, niece, stepparent, stepsister, Great Grandparent, Great Aunt, Great Uncle, Step-Aunt, or Step-Uncle.

(s) "Reasonable and prudent parent" means a parent who is characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child.

(t) "Respite Caregiver" means a responsible adult providing temporary care for the foster children in the absence of the foster parent(s).

(u) "Rule" means a regulation, standard, statement or policy or general order (including amendment or repeal of any of the foregoing) of general application and having effect of law.

(v) "Tribal Council or Council" means the Lac Courte Oreilles Tribal Governing Board.

(w) "Tribal Court" means the Lac Courte Oreilles Tribal Court unless otherwise specified.

Subchapter DMR.7.3 Homes Not Required to be Licensed

DMR.7.3.010 Homes Not Required to be Licensed.

(a) A home providing care and supervision only to children related to the family.

(b) Child care placements made by the Tribal Court into a home that shall provide care and supervision for a total of thirty (30) days or less in any twelve (12) month period and/or the parent or legal guardian has placed the child voluntarily on a temporary basis.

(c) A home providing care and supervision only for one unrelated child of sixteen (16) or seventeen (17) years of age who has been independently placed by themselves or their relative for purposes of education or work.

Subchapter DMR.7.4 Application for License

DMR.7.4.010 Forms.

The person or persons seeking a license shall submit forms approved by the Tribal Governing Board or Indian Child Welfare. The Indian Child Welfare Department shall determine eligibility once such the completed forms are received by the department.

DMR.7.4.020 Qualifications.

(a) Personal Characteristics. Any person licensed to operate a foster home shall be a responsible, mature adult who is fit and qualified, exercises sound judgement and displays the capacity to successfully nurture foster children, does not abuse alcohol, or drugs, and does not have a pending criminal charge or a finding by a government body of civil or criminal violation of statutes, regulations, or ordinances that is substantially related to caring for children or the operation of a foster home. The applicant or licensee shall give truthful and sufficient information to enable Indian Child Welfare to verify whether, or not they meet the requirements needed to operate a Foster Home. Giving false information or withholding relevant information shall constitute grounds for denial or revocation of the license.

(b) Experience. Applicants shall have some experience working with children and may be required to complete training that is directed towards working with children with complex emotional needs.

(d) Health. All members of the family household shall be in good physical and mental health that shall not adversely affect the health of the children, or the quality of or care given to children placed in foster care. If at any time the physical or mental health of any caregiver or family member comes into question, and if it could possibly endanger foster children placed in the home, Indian Child Welfare or Tribal Council may request a written statement from a qualified medical professional, certifying the condition of the person to safely continue having foster children in the home.

(e) Marital Status. Applicants may be single or married. All couples shall both fill out the application to foster. Any change in household composition, shall be reported with fourteen (14) days of the change. If a new caregiver moves in, they shall fill out an application and be subject to be medically cleared with a Physical, T.B. Test, Fingerprints, and Background Check.

(f) Residence. Applicants shall reside in Sawyer County. One of the applicants in the home shall be an enrolled tribal member, or the applicants live within Reservation Boundaries, which is important for the cultural aspect for children to maintain their connections to the Lac Courte Oreilles Tribal Community.

DMR.7.4.030 Foster care of children requires license.

(a) Initial Foster License

(1) The laws of Wisconsin require that every foster family be licensed to show that they have met the standards in the state laws regulating foster care, as well as follow the ICWA guidelines, (Chapters 48 and 938 Stats). Most of these requirements are in the "administrative rule," DCF 56 (appendix G). In addition, each new Foster Parent shall complete six (6) hours of training before becoming licensed. (See the education and training requirements section). Shall complete thirty-six (36) to forty (40) hours of training within the first year of licensure. It is the duty of the foster parent to follow DCF 56 as well as ICWA regulations and we recommend reviewing these documents often.

(2) Indian Child Welfare licenses families for two (2) years, although there are also some licensing requirements that need to be fulfilled every year (training plan, training logs, disaster plan, and evaluations, animal vaccinations up to date, proof of house/car insurance). The foster family license specifies the number, ages, and gender of the children who may be placed for care. When changes occur in the family's living situation, licensing modifications may be necessary as indicated in DCF 56.04.

(b) Documents required before initial licensing are:

(1) Application form completed and signed by all who shall be fostering in the home.

(2) Verification of Homeowners or Rental Insurance.

(3) Verification of Auto Insurance, (minimal liability), which shall remain in force during the time of licensure.

(4) Physical Examination of all Licensed Caregivers, with T.B. Test Results.

(5) Drawing of Foster Home layout with escape plan in case of emergency.

(6) Verification of all animal vaccinations.

(7) Valid Driver's license.

(8) Background Check.

(9) Fingerprints.

(10) Private well water test shall be performed for Bacteria, (required only for private wells).

(11) Documentation of Fire Safety Inspection of the home.

(c) Documents required for Relicensing without a lapse in licensing (lapsed/expired license, need to file initial paperwork again):

(1) Relicensing Application form, signed by all who shall be fostering in the home.

(2) Verification of Homeowners or Renter's Insurance.

(3) Verification of Auto Insurance, (minimal liability), which shall remain in force during the term of licensure.

(4) Physical Exam for all Licensed caregivers.

(5) Drawing of Foster home Layout with escape plan in case of emergency.

(6) Verification of animal vaccinations.

(7) Valid Driver's License.

(8) Completed training hours for the year.

(9) Private well water test for bacteria, (required for Private Wells only).

DMR.7.4.040 Authority of Tribal Governing Board; Exceptions.

The Tribal Governing Board may make, or may delegate the authority to make, exceptions to any of the rules for licensing foster homes when the Tribal Governing Board is assured that granting such exceptions is not detrimental to the health, safety or welfare of children. However, no exceptions shall violate P.L. 114-165, "The Native American Children's Safety Act."

Subchapter DMR.7.5 Investigation of Applicants

DMR.7.5.010 Investigation of Applicants.

(a) Receipt of Application. Once a completed application is received, Indian Child Welfare shall investigate to determine if the applicant(s) meet all the requirements for a license.

(b) Medical Examination. For initial licensing the applicant is required to provide a physical and a tuberculosis test (forms provided) for examination by the Indian Child Welfare Department. The tuberculosis test is only required for the initial license. If a license lapses, then a new tuberculosis test is required. In the event of a positive tuberculosis test, a chest x-ray shall be required with clearance, to be considered.

(c) Home inspection. Once the applicants meet the requirements of the background check and investigation, the Indian Child Welfare Department shall visit the home within thirty (30) days to make sure it is safe for foster children. A SAFE home study shall be done. The ICW worker shall do a walkthrough of the home. A working smoke detector is required in each bedroom, at the top and bottom of a stairway, and on each floor of the home. Fire Extinguishers with a UL rating for A, B, and C burning materials shall be available in or near the kitchen and on each floor of the home, preferably by the sleeping areas. Additionally, a functioning CO2 Detector shall be on each level of the home.

(d) Current proof of animal vaccinations if there are pets in the home.

(e) Homeowners or rental insurance on residence is required.

(f) Car insurance for any vehicle that shall be used to transport foster children.

(g) Valid Driver's License.

(h) Criminal Background Check, including fingerprint-based checks of national crime information databases.

(i) Background check of foster care applicant and each "covered individual" who resides in the household or is employed at the institution in which foster care placement shall be made.

(j) Background check against any abuse registries maintained by the Tribe.

(k) Background check for child abuse and neglect registries maintained by the State in which the foster parent applicant resided in the past five (5) years to enable the Indian Child Welfare Department to check any child abuse and neglect registry maintained by that State for such information.

(l) Check any other additional requirement that the Tribe determines is necessary and permissible within the existing authority of the Indian tribe, such as the creation of voluntary agreements with State entities in order to facilitate the sharing of information related to the performance of criminal records checks.

(m) If the home is recommended for licensing, a SAFE home study and submitted to Tribal Governing Board along with the signed completed application form, Physician's Statement, and any supporting documentation. The Applicant shall then be evaluated by the Tribal Governing Board based upon the standards herein.

(n) Drug testing.

(o) To ensure the safety of the home for foster children, there shall be periodic intervals at which the home or institution shall be subject to recertification.

Subchapter DMR.7.6 Granting of License

DMR.7.6.010 Granting of License.

Upon satisfactory completion of the investigation and all documentation being turned in, the license shall be granted to the applicant(s) by the Tribal Governing Board with the following specifications:

(a) Level of Foster Care.

(b) Expiration Date.

(d) Ages of children to be in care.

(e) Gender of children to be in the home.

DMR.7.6.020 Duration of License; Renewal.

(a) All licenses shall be issued for two (2) years. Within sixty (60) days of the license expiring, a reapplication form shall be completed, signed by all caregivers in the home, and submitted to the Agency. At that time, a home review shall be done.

(b) Prior to the expiration of a license, background checks and character information shall be updated and reviewed, if a renewal of license is being sought.

Subchapter DMR.7.7 Denial of License

DMR.7.7.010 Denial of License.

Reasons for denial or nonrenewal of a license may be, but are not limited to, one or more of the following:

(a) Conviction for, or admission of, or substantial evidence of an act of assault, child battering, child abuse, child molestation, or child neglect.

(b) Chemical dependency, unless the individual has been to and completed treatment at least one year prior to the application of a foster care license and remains free from said dependency.

(d) If anyone in the home has been, within the preceding twelve (12) months, in a correctional facility or a residential treatment facility for mental or emotional health which impairs the functioning of the family unit. Evaluation shall be at the judgment of Indian Child Welfare and proof of rehabilitation shall be required.

(e) Any other reason that would have an adverse effect on the emotional or physical well-being of foster children.

DMR.7.7.020 Right to Appeal.

Any applicant whose application is denied or not renewed may appeal to the Tribal Court pursuant to the procedures set forth in this code. Indian Child Welfare shall notify the applicant of denial by letter, which shall state the grounds for the action and inform the applicant of their right to appeal the action.

Subchapter DMR.7.8 Standards

DMR.7.8.010 General Requirements.

(a) The home shall be in good repair and maintained adequately for the health and safety of all occupants. It shall have enough space and furnishings to accommodate the family, plus any foster children placed in the home. The Tribal Governing Board may require inspections of the home by fire, health, sanitation, or safety officials when, in its judgement, such opinion is needed to assist the Tribal Governing Board in making a decision regarding the safety of the home for the care of foster children.

(b) All potentially dangerous items such as, but not limited to, household poisons, medications, plastic bags, matches, lighters, knives, and firearms and all other dangerous items shall be locked or stored out-of-reach from children, depending on ages and mental capacities of children in the home.

(d) All potentially harmful medications shall be locked at all times.

(e) All household shall have up to date vaccinations with proof from a veterinarian.

(f) No smoking of any kind is permitted in the home or a vehicle when foster children are present.

(g) The home shall have a working telephone that is accessible to children at all times.

(h) Alcoholic beverages shall be kept inaccessible to children at all times.

(i) A foster home shall have a heating system that is capable of maintaining a comfortable temperature of not less than 68° F., or 20° C. in living areas. Unvented gas, oil or kerosene space heaters may not be used in a foster home. Each floor of the home shall have working fire extinguishers and Carbon Monoxide Detectors.

DMR.7.8.020 Sleeping Arrangements.

(a) Each foster child shall be provided with a separate bed, except that two (2) boys (related) or two (2) girls (related) may share a double bed or bigger (age one (1), if developmentally on track, to twelve (12)). Each bed shall be in good condition and of a size to ensure the child's comfort. Bed sharing shall be approved by the Indian Child Welfare Department.

(b) No foster child 6 years of age or older shall share a bedroom with a child of the opposite sex.

(c) Foster children are not permitted to sleep in any building, apartment, or any other structure that is separate from the family home. This does not include recreational camping, or any spiritual practices that the children are participating in as approved by the biological parent(s).

(d) Foster children are not permitted to sleep in an unfinished attic or unfinished basement, or any other room normally used for purposes other than sleeping.

(e) A responsible adult shall sleep within call of the child during the night. An exception may be granted only if the child is at least sixteen (16) years of age and the Indian Child Welfare Department grants approval.

(f) Infant child (birth to twelve (12) months) shall sleep in a crib, bassinette, or playpen. No co-sleeping shall be allowed for infants under one (1) year of age.

(g) Sleep environment shall follow current American Academy of Pediatrics guidelines for "Safe Sleep."

(h) Foster parents are required to complete a training regarding Shaken Baby Syndrome.

(i) Foster parents are required to complete training regarding "Safe Sleep" .

DMR.7.8.030 Storage facilities.

(a) Foster parents shall provide sufficient drawer and closet space to accommodate each child's clothing, toys, and other belongings.

(b) The home shall have space for indoor play and access to outdoor play space. The foster parent shall provide for the safety of children in recreation and play areas.

DMR.7.8.040 Care of Children.

Every foster child shall be treated as a member of the foster family. The foster child shall share in the privileges and responsibilities of the home as appropriate to the child's age and abilities. Activities shall foster the optimum physical, emotional, social, and mental development of the children. Activities that enhance and support the child's appreciation of their cultural heritage shall be supported and encouraged.

DMR.7.8.050 Supervision of Children.

(a) Children under the age of ten (10) shall not be left in the home without supervision by a responsible care provider.

(b) Children ten (10) years of age or older shall receive responsible supervision appropriate to their age, maturity level, and abilities as might be provided by a reasonable and prudent parent to their own children.

DMR.7.8.060 Discipline.

(a) Disciplinary action by a foster parent, or any other person serving as a caretaker in the absence of the foster parent, shall be aimed at encouraging the foster child on appropriate social behavior. Disciplinary action shall be handled by the foster parent with kindness and understanding.

(b) The type of discipline imposed shall be appropriate to the child's age and understanding.

(d) No child shall be subjected to verbal abuse, profanity, derogatory remarks about the child or their family, or threats to expel the child from the home.

(e) No child shall be allowed to discipline any other child in care.

(f) No foster child may be punished by being deprived of meals, mail, or family interaction.

(g) No foster child shall be ridiculed for bed-wetting or other lapses in toilet training.

(h) No foster child may be physically restrained or locked in a room or any other enclosure.

(i) Foster parents shall notify the assigned Indian Child Welfare staff member of the reason and method of discipline used for the child by the end of the next business day.

DMR.7.8.070 Work performed by children.

Foster children shall have opportunities to assume responsibility in household chores appropriate to the child's age, maturity, mental capability, health, and physical ability. These duties shall not interfere with a child's school attendance, family visits, night-time sleep schedule, studies, recreation, or religious/cultural practices.

DMR.7.8.080 Education.

It is the foster parent's responsibility to make every effort to make sure the children in their care attend school regularly, unless otherwise excused by school officials. Any issues with attendance or performance at school shall be brought to the Indian Child Welfare Department immediately.

DMR.7.8.090 Moral, Religious, and Cultural Training.

(a) Foster parents shall assist in the provision of the moral training of children in their care. Foster parents shall make opportunities available to each child regarding religious, cultural, or teachings, as well as ensure attendance at services/functions, and ceremonies that are compatible with the child's beliefs or cultural heritage.

(b) Foster parents shall not prevent a child's participation in religious or cultural practices. If the foster parent needs more information on cultural needs of a child, they should approach the Indian Child Welfare Department or worker.

(c) Foster parents are prohibited from forcing a foster child to attend religious services/functions, or ceremonies that the child and the child's biological family does not approve of.

DMR.7.8.100 Nutrition.

(a) The foster parent shall insure that each foster child receives at least three (3) meals a day. Meals that a child receives as part of a meal program at school may be counted in such total.

(b) The foster parent shall ensure that each foster child is provided a quantity and variety of foods sufficient to meet the child's nutritional needs and to maintain their health and development.

When applicable, foster parents shall ensure that each foster child's nutritional needs are met with respect to the foster child's religious or cultural beliefs.

DMR.7.8.110 Clothing.

Foster parents shall ensure that funds allocated for the purchase of clothing for foster children are used in such a manner that foster children in their care are comfortably dressed within the limits of the funds. Children's clothing shall be maintained in a state of good repair and cleanliness.

DMR.7.8.120 Medical Care.

(a) Within thirty (30) days of placement in the foster home, the foster parents shall arrange for and ensure attendance of medical, dental, and optical examinations for each child, and provide documentation to Indian Child Welfare on provided forms. All routine follow-ups shall be done in accordance with a medical professional's recommendations.

(b) No foster child shall be given medication not specifically prescribed for the child. Any medicine prescribed for a foster child shall be given exactly as prescribed and only given by an adult.

(c) The foster parent shall report immediately to the Indian Child Welfare Department the occurrence of an unusual accident such as the death or serious injury or serious illness of any foster child. A serious injury or illness shall be defined as one requiring a medical professional.

DMR.7.8.130 Substitute Care.

In the event a foster parent has to leave their home temporarily, for reasons such as prolonged illness or temporary absence, the foster children shall be cared for by a responsible adult agreed upon by Indian child Welfare Department or worker.

Subchapter DMR.7.9 Responsibility of Foster Parents to the Agency or Legal Custodian

DMR.7.9.010 Responsibility of foster parents to the agency or legal custodian.

(a) Foster Parents shall be responsible for only accepting children that conform with the conditions stated on their license, such as number of children, ages, or other limitations specified on the license.

(b) Foster children may be accepted into or removed from a foster home only under authorization of the Indian Child Welfare or Tribal Court, where child resides.

(c) Foster Parents shall not accept a child into their home from a source other than the Indian Child Welfare Department unless approved by the Department.

(d) Foster Parents shall keep the Indian Child Welfare Department and legal guardian informed of the child's progress while in their care.

(e) Foster Parent's shall cooperate with the agency or legal guardian in seeing that an appropriate relationship is maintained between the child and their relatives.

(f) Foster Parents shall provide the agency or legal guardian a minimum of thirty (30) days in which to make suitable plans for the child when the foster parents have requested the child's removal from their home.

(g) Foster Parent's shall maintain in confidence any and all sensitive information regarding the children in their care, such as prior medical or family history, prior court proceedings, or any other information that is revealed to the foster parents in confidence. An exception may be made when a child is of age to become party to the case, which is twelve (12) years old. In such case, caution and sensitivity shall still be used. Additionally, foster parents shall not share any information or details with other children.

(h) Foster parents are mandated reporters as defined in this ordinance.

(i) Confidentiality shall be maintained at all times in regard to foster children and their families. Confidential information can only be shared if authorized by the Indian Child Welfare Department.

(j) Use caution with posting children on social media in photos.

DMR.7.9.020 Records to be maintained by the foster parents.

(a) Foster parents shall maintain records while foster children are in their care. At the request of the Indian Child Welfare Department or the legal guardian, foster parent(s) shall make such records available for inspection while children are in their care. Such records shall contain the following information:

(1) Child's name and any aliases by which they are known.

(2) Child's birthdate.

(3) Name of person or agency to be notified in case of an emergency.

(4) Name of physician to be notified in case of an emergency.

(5) Date child received care.

(6) Medical information about the child while in care such as medical examinations, immunizations illnesses, accidents, and allergies (medical and food), including dates of each.

(7) Name of dentists and when child was seen.

(8) Name of optician and dates child was seen.

(9) Name of counselors and dates child was seen.

(10) Name of school attended and grades received.

(11) Dates and locations when a child spent the night away from the foster home (overnight with friends, respite care).

Subchapter DMR.7.10 Responsibility of the Agency to the Foster Parents or Legal Custodian

DMR.7.10.010 Responsibility of the agency to the foster parents or legal guardian.

(a) The foster home shall have a means of contacting the agency, or its designated representative, twenty-four (24) hours a day, seven (7) days a week, 365 days per year.

(b) The agency shall assist the foster parents with any problems with the child placement.

(d) The agency shall provide the foster parents with policies, foster parent handbook, and procedures of the Indian Child Welfare Department regarding placement of children into their homes. The foster parent(s) may request and receive information from the agency at the time of licensure and at any time the home has been without placements for twelve (12) months.

(e) The Appeals and Fair Hearing Process shall be used if any disagreements or differences arise between the foster parent(s) and the Agency, or the foster parents and legal guardian, that cannot be resolved between the parties.

Subchapter DMR.7.11 Complaints

DMR.7.11.010 Reporting of Complaints.

(a) Complaints of any abuse or neglect made by Foster Parents shall be reported to LCO ICW or Sawyer County Health and Human Services.

(b) Complaints made against Foster Parents shall be reported to the Indian Child Welfare Department or to Sawyer County Health and Human Services. Investigations alleging abuse or neglect of foster children by their foster parents shall be conducted independent of the tribe and residing county to prevent bias and to preserve the relationship between the agencies and foster homes.

DMR.7.11.020 Investigation.

Investigations shall be done by the Indian Child Welfare Department as soon as possible after receiving a complaint. The agency shall determine whether the complaint is valid, and if a Fair Hearing is necessary in accordance with this Code. For the purpose of investigating complaints concerning the health and safety of the foster children, the investigating agency(ies) shall have access to the home at any time during the twenty-four (24) -hour day.

Subchapter DMR.7.12 Denial or Revocation of License

DMR.7.12.010 Denial or revocation of foster care license.

(a) The Tribal Court shall have grounds to revoke a Foster Care License due to a substantial violation by the licensee of any provision of this ordinance or rules thereof. A licensee may also be denied, revoked, or not renewed if the licensee fails to meet minimum requirements to obtain and keep a license.

(b) The agency shall give the licensee written notice of any revocation and the grounds for revocation. The written notice shall be given at least thirty (30) days prior to any revocation.

Subchapter DMR.7.13 Appeal and Fair Hearing Process

DMR.7.13.010 Foster parent right to appeal.

Foster Parents or applicants shall have the right to appeal by petition to the Tribal Court for any denial, revocation, nonrenewal of licenses, or any unresolved grievances between a foster home and the agency.

DMR.7.13.020 Request for hearing.

The request for hearing shall be made in writing to the Tribal Court. Such requests shall be made within thirty (30) days from the date of the notification of denial, nonrenewal or revocation.

DMR.7.13.030 Fair hearing.

(a) Hearings by the Tribal Court shall be held within thirty (30) days of the receipt of request by a claimant. Adequate preliminary notice of the hearing shall be given to the claimant as to time and place of the requested hearing.

(b) The claimant shall have the opportunity to examine all documents and records to be used at the hearing, to present their case, and to have the opportunity to examine and call witnesses.

(c) A record of the proceedings shall be kept which shall include testimony, exhibits, papers, other evidence presented as part of the hearing process, and the decision rendered.

DMR.7.13.040 Decisions.

The decision on the hearing shall be rendered by the Tribal Court with or without the presence of the claimant. If the decision is rendered without their presence, a copy of the decision shall be mailed to them. A copy of the decision shall be forwarded to the Agency.