3-4-3. ADMINISTRATION - AMENDMENT

  1. Management: The implementation and administration of the policies and laws of this Chapter and of the ICWA is delegated to the office of the Rosebud Sioux Tribal ICWA Specialist, with supervision from the Children’s Court Judge.
  2. Service of Notice: Indian Child Welfare Act Notices shall be received by the Office of the ICWA Specialist. The Tribe shall designate the ICWA Specialist as the official recipient of ICWA notices and send this designation to the Bureau of Indian Affairs for publication in the Code of Federal Regulations. The ICWA Specialist shall be responsible for responding to all ICWA Notices.
  3. ICWA Specialist: Duties and Responsibilities: The ICWA Specialist shall work with the Children’s Court Judge, Tribal Attorneys, and the Tribal child welfare system to facilitate and exercise Rosebud Sioux Tribe authority and responsibility under the Federal Indian Child Welfare Act. The following are the minimum duties and responsibilities required of the ICWA Specialist:
    1. Monitor child custody proceedings to ensure ICWA compliance: Monitor and act to ensure state compliance with the minimum federal requirements of the Federal ICWA, and act to enforce ICWA provisions pursuant to 25 U.S.C. § 1914 I warranted.
    2. Give legal directions to the Tribe’s attorneys: Consult with and give directions to the attorney representing the Tribe in ICWA cases, on such matters as whether to file a motion to transfer, or to invalidate a proceeding, or to seek an appeal of a state court order.
    3. Intermediary: Act as intermediary between State, Federal and Tribal courts on behalf of tribal children and families; collaborate and cooperate with the State, Bureau of Indian Affairs, other child placement agencies, county attorneys and all other parties to Indian child custody proceedings.
    4. Maintain a resource database: Maintain a database of tribally-qualified expert witnesses, guardians-ad-litem, foster homes qualified as either or both, tribally-licensed and/or state-licensed, other tribally-approved foster homes, and other resources necessary to participate in federal and state programs.
    5. Maintain a computerized client information system: The Specialist shall be responsible for maintaining a computerized client data system, including data entry of current information concerning the legal status, service outcome, and location of Rosebud Sioux Tribal children who are now or were implicated in State child custody proceedings.
    6. Maintain electronic files: Maintain detailed documentation in electronic files for placement plans and identity culturally appropriate permanency outcomes for Tribal children in conformance with the Rosebud Sioux Tribe Juvenile Code, this Chapter, and other laws, rules and regulations affecting Rosebud Sioux Tribal children.
    7. Access to Tribal records: The ICWA Specialist shall have access to a current database of children who are wards of the Rosebud Sioux Tribal Court, whether domiciled on the reservation or living off the reservation, access to the enrollment office for verifying the enrollment status of a child for which notice to the Tribe was received, and access to records which would verify the domicile status of the child.
    8. Prepare and maintain legal forms: The ICWA Specialist shall prepare and maintain all computerized legal forms necessary to facilitate Rosebud Sioux Tribal authority and responsibility pursuant to the Indian Child Welfare Act. In any child custody proceeding, the ICWA Specialist shall prepare the Motion to Intervene, Request to Produce and Examine, Motion for Extension of Time, Motion to Transfer Jurisdiction and Dismiss the Case, and Petition or Order of Acceptance of Jurisdiction.
    9. Investigation and Recommendations: Conduct investigations and provide recommendations prior to making motions for transfer of jurisdiction to Tribal Court.
    10. Present case for Review by the Children’s Court Judge: Present recommendations concerning questions of transfer to the Children’s Court Judge, and will perform the duties set forth in Section 3-4-5 (b) of this Chapter.
    11. Reporting: Provide non-confidential reports, as requested, to the Children’s Court Judge, Rosebud Sioux Tribal Council and other tribal communities designated by the Council, concerning Tribal children and families involved in State child custody proceedings.
    12. Conflict of Interest: If there is a conflict of interest in carrying out the ICWA Specialist’s duties set forth in this Chapter regarding a specific case, the ICWA Specialist shall report said conflict to the Children’s Court Judge and the Judge shall appoint another qualified person from the Tribe’s child welfare system to manage the case.
  4. Confidentiality of Files and Records: The files and records of children and families shall be kept confidential pursuant to 42 CFR Part 2 (June 9, 1987). Unless authorized by law or court order, no information may be released from the files or records to anyone unless written authorization for the release of information is obtained from the party that may be affected by this action or his or her representative. The Specialist may release information to an authorized representative of the Tribe, or to a state or tribal provider serving the child and family, or the legal representatives of any of the parties, if such release is not in violation of tribal or federal law. If the Tribe’s ICWA program received federal funds through a Self-Determination (Public Law 93-63 8) Contract, the provisions of the federal Privacy Act shall apply.
  5. Judicial and Legal Duties Responsibilities. The Rosebud Sioux Tribe Children’s Court Judge:
    1. Shall provide guidance to the Rosebud Sioux Tribe’s Indian Child Welfare Act Specialist and the Tribe’s ICWA Program in order to effectuate the provisions of the Act and to protect the interests of the Rosebud Sioux Tribe.
    2. Shall be responsible for the implementation and monitoring of rules related to this Chapter, and the Rosebud Sioux Tribe ICWA Policy and Procedure Manual.
    3. Upon receipt of a petition for acceptance of jurisdiction from an individual who may or may not be a party to the case shall refer the petition for a pre-petition investigation to the ICWA Program.
    4. The Children’s Court Judge shall review the recommendations of the ICWA Specialist as to whether or not the Tribe should move to transfer jurisdiction of a case to the Tribal Court. The Judge’s review of the ICWA Specialist’s recommendation will be done in an informal hearing, at which time the Judge can hear written or verbal statements from extended family members and interested parties on the question of transfer. After hearing the recommendation of the ICWA Specialist and any other interested party, the Children’s Court Judge will have final decision-making authority as to whether the Tribe will move to transfer jurisdiction of a case to the Tribal Court, and will direct the ICWA Specialist to proceed according to that decision. The decision by the Children’s Court Judge will not be subject to modification or appeal by any tribal officer or Tribal Council or Court. The attorney representing the Rosebud Sioux Tribe in an ICWA case.
    5. Shall represent the Tribe in state court proceedings, and shall take appropriate legal actions to exercise and enforce the rights of the Rosebud Sioux Tribe in child custody proceedings.
    6. Shall counsel, communicate with, and take legal directions from the ICWA Specialist.
    7. Shall appear on behalf of and represent the Tribe in Tribal, state and federal court proceedings concerning ICWA.
    8. Shall take necessary actions to appeal an order of a state or federal court, if directed to do so by the ICWA Specialist.
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