2015 Legislative Ordinances
Date2015
MediumDocument
ClassificationsArchive
Object numberLG.LGO.2015
Description2015 Legislative Ordinances#15-01-J&PS-T17
Collections
Finding Aid
15-01-J&PS-T17: An Ordinance amending Title 17, Juvenile Code and Indian Child Welfare, of the Tribal Code of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #15-01-J&PS-T17
AN ORDINANCE AMENDING TITLE 17, JUVENILE CODE AND INDIAN CHILD WELFARE,
OF THE TRIBAL CODE OF THE CITIZEN POTAWATOMI NATION.
WHEREAS, the Tribal Code of the Citizen Potawatomi Nation requires updating from
time to time in order to remain responsive to current needs, and
WHEREAS, the Tribal Court, with concurrence of the Indian Child Welfare Department
of the Citizen Potawatomi Nation, feels it is in the best interest of a child
to have sustained ties to tribal culture in the least restrictive, most
family-like setting appropriate
NOW, THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that Title 17 of the Tribal Code of the Citizen Potawatomi
Nation (Juvenile Code and Indian Child Welfare) is hereby amended to create a logical
sequence for preference in foster care placement as follows:
Section 17-5-110 shall be amended as follows:
Section 17-5-110 Placement Preferences for Citizen Potawatomi Nation
tribal children (added)
(A) In making a placement of or committing legal custody of a child to some
person in the dispositional process, the Court shall place the child in the
following descending order of preference: (delete and replace with) ... foster care
process, the Court shall place each Citizen Potawatomi Indian child accepted
for foster care placement in the least restrictive, most family-like setting
appropriate to the child's unique needs.
A preference for foster care placement shall be given in the following
order:
(1) The natural parents, adoptive parents, or step-parents as the case
may be;
(2) A member of the Tribe (delete and replace with) ... Citizen Potawatomi
Nation over eighteen years of age who is the child's grandparent,
aunt or uncle, brother or sister, brother-in-law or sister-in-law,
niece or nephew, first or second cousin, and their spouse;
(3) A member of another Indian Tribe over eighteen years of age who is
the child's grandparent, aunt or uncle, brother or sister, brother-in-
law or sister-in-law, niece or nephew, first or second cousin, and
their spouse;
(4) Any other person over eighteen years of age who is the child's
grandparent, aunt or uncle, brother or sister, brother-in-law or
sister-in-law, niece or nephew, first or second cousin, and their
spouse;
(5) Any other member of the Tribe and their spouse; (delete and replace
with) ... A foster home licensed by the Citizen Potawatomi Nation;
(6) Any other Indian person and their spouse; (delete and replace with)...The
home of a Citizen Potawatomi Nation member licensed as a foster
home by any other licensing authority within the State or licensed
by another Indian Nation.
(7) A foster home licensed by the Firelodge Children and Family
Services; (delete and replace with) ... An Indian foster home licensed by any
other licensing authority within the State or an Indian Foster home
licensed by another Indian Nation.
(8) An Indian foster home licensed by any other Licensing authority
within the State or an Indian foster home licensed by some other
Tribe; (delete and replace with) ... An institution for children licensed or
approved by the Nation's Department of Social Services with a
program suitable to meet the needs of the child: (A child attending
a BIA boarding school will not be eligible for reimbursement;
however, weekend care in a foster home is reimbursable.);
(9) An institution for children or approved by the Court with a program
suitable to meet the child's needs; (delete and replace with) ... Non-Indian
placement licensed by any other licensing authority within the
State.
(B) Where appropriate the Court, may consider the preference of the
parents and the proximity of the prospective foster home to the child's
home in applying these preferences.
(C) For each possible placement, the Court shall consider the willingness,
fitness, ability, suitability, and availability of each person in a placement
category before considering the next lower level of placement
preference.
(D) The Court may place the child with the Tribal Indian Child Welfare
Program or a child placement agency approved by the Court.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that an Ordinance amending Title 17, Juvenile Code and Indian
Child Welfare, of the Citizen Potawatomi Nation Tribal Code IS HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Legislature of the Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the undersigned
Hereby certifies that the above and foregoing ordinance is a true and correct copy of
Ordinance #15-01-J&PS-T17, as approved on the 16th day of September, 2014 with
16 voting for, 0 opposed, 0 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
Executive Approval:
X Approved
Disapproved
John A. Barrett
Tribal Chairman
15-02-J&PS-T15: An Ordinance amending Title 15, Drug Court Administration and Procedure, of the Tribal Code of the Citizen Potawatomi Nation.