1.25.060 Jurisdiction

(a) The Children's Court shall have jurisdiction over a child upon a petition filed by any person with an interest in the child alleging that the child is a child in need of care because one or more of the following conditions exist:

(1) The child is the victim of or in danger of physical or emotional harm by other than accidental means, except that any child who is or may be the victim of sexual abuse or exploitation may be referred to appropriate state or county agencies or services.

(2) The child is or may be deprived of necessary custodial, medical, or other care for reasons other than poverty.

(3) 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.

(4) The child is habitually truant from home and either the child or parent, guardian or relative in whose home the child resides signs the petition requesting jurisdiction.

(5) The child is habitually truant from school, and the school attendance officer attests that the activities required under sec. 118.16(5), Wis. Stats., or the applicable law in the jurisdiction if not in Wisconsin, have been completed.

(6) The child's parent, court-appointed guardian, or custodian signs a petition 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 Coordinator.

(7) 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.

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

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

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

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

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

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

(14) The child is a Prenatal Exposed Newborn, but only if the Abinoojiyag Resource Center files a petition alleging that the child is in need of care within 60 days of the child's birth.

(b) In addition to jurisdiction granted by other sections of this chapter, the Children's Court shall have jurisdiction to:

(1) Order a law enforcement officer or the child welfare coordinator to take a child into custody pursuant to Section 1.25.120(b) and conduct other proceedings called for in Sections 1.25.120 to 1.25.150 inclusive.

(2) Terminate the parental rights of a parent of a child pursuant to Section 1.25.230.

(3) Appoint a guardian for a child pursuant to Section 1.25.280.

(4) Enter an order of adoption resetting the parental relations of a child pursuant to Section 1.25.250.

(5) Suspend the parental rights of a parent pursuant to Section 1.25.230.

(6) Enter an order of Customary Adoption resetting the parental relations of a child pursuant to Section 1.25.260.

(7) Conduct any other proceedings not contrary to express tribal law necessary to exercise delegated and inherent authority held by the tribe to protect child members of the tribe and children eligible for tribal membership.

(c)(1) In addition to jurisdiction granted by other sections of this chapter, the Children's Court shall have jurisdiction over persons 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 1.25.060(a).

(2)(A) The Children's Court may make orders with respect to any person 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 18 years or older may be entered until the person is given an opportunity to be heard upon the allegation against him or her. Such person shall be served no less than ten day 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.

(d) The Children's Court shall have continuing jurisdiction, subject to Section 1.25.150 and 1.25.180(h), over a child who is determined to be subject to this chapter and shall have the power to modify or dismiss previous orders, expunge the child's records, or consider petitions based on new evidence concerning the child.

(e) The child welfare coordinator is an officer of the Children's Court and has the authority to receive referrals, investigate reports, ascertain whether a child is probably subject to this chapter, take a child into emergency custody to protect the child's safety or welfare, file petitions, represent the Tribe in matters before the Children's Court, enter into consensus dispositions on behalf of the Tribe, and to report as required by the Court on the conditions of a child who is subject to this chapter.

(f) Whenever an order rendered under this chapter conflicts with a custody, physical placement, or other family court order rendered by any court, the order under this chapter shall take precedence. Nothing in this chapter shall be construed to limit the power of the Court to have jurisdiction over a child under other sections of this Code or other law.