Bad River Band of the Lake Superior Chippewa Indians Law Library
Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

1.25.090 Pre-Petition Procedure

(a) Any person may inform the child welfare coordinator of facts suggesting a child is in need of care, whereupon the child welfare coordinator shall investigate such facts and either file a petition or tell the complainant the reasons why not, provided that the child welfare coordinator shall not disclose any confidential information or any information which is not in the child's interest to disclose. If the child welfare coordinator decides to not file a petition under Section 1.25.160, he or she may attempt to obtain an Informal Resolution rather than declining all further proceedings.

(b) All Informal Resolutions shall be in writing, shall clearly state all of the obligations of each of the parties in such a way that their performance may be determined, shall include the effective period of the Resolution, shall bear the signatures of the child welfare coordinator, the child if over twelve years of age, and the parent or parents having legal custody or physical placement rights, and any guardian. All parties to an Informal Resolution shall receive a copy of it.

(c) The existence of an Informal Resolution shall not preclude the filing of a petition under Section 1.25.160 if any party fails to comply with the Resolution or if any new factor or newly discovered factor requires the filing of the petition for the protection of the child's best interests.

(d) Any Informal Resolution which includes an out-of-home placement shall be filed with the court the and shall be reviewed by the court within six months of its effective date, and thereafter within six months of each judicial review.

(e) At any time after the filing of a petition under Section 1.25.160 the parties may by stipulation resolve any matter, subject to the approval of the Court.