$11.1111 Minor-in-need-of-care dispositional hearing. (a) No later than 15 days after the adjudicatory hearing, a dispositional hearing shall take place to hear evidence on the question of proper disposition. (b) All the rights listed in §11.906 of this part shall be afforded the parties in the dispositional hearing except the right to free court-appointed counsel. Notice of the hearing shall be given to the parties at least 48 hours before the hearing. (c) At the dispositional hearing the children's court shall consider any predisposition report or other study it may have ordered and afford the parties an opportunity to controvert the factual contents and conclusions of the reports. The children's court shall also consider the alternative predisposition report prepared by the minor and his or her attorney, if any. (d) The dispositional order constitutes a final order for purposes of appeal. $11.1112 Dispositional alternatives. (a) If a minor has been adjudged a minor-in-need-of-care, the children's court may: (1) Permit the minor to remain with his or her parents, guardian or custodian subject to such limitations and conditions as the court may prescribe; or, if reasonable efforts to have the minor return or remain in his or her own home are unsuccessful, the children's court may make whichever of the following dispositions is in the best interest of the minor; (2) Place the minor with a relative within the boundaries of the reservation subject to such limitations and conditions as the court may prescribe; (3) Place the minor in a foster home within the boundaries of the reservation which has been approved by the tribe subject to such limitations and conditions as the court may prescribe; (4) Place the minor in shelter care facilities designated by the court; (5) Place the minor in a foster home or a relative's home outside the boundaries of the reservation subject to such limitations and conditions as the court may prescribe; or (6) Recommend that termination proceedings begin. (b) Whenever a minor is placed in a home or facility located outside the boundaries of the reservation, the court may require the party receiving custody of the minor to sign an agreement that the minor will be returned to the court upon order of the court. (c) The dispositional orders are to be in effect for the time limit set by the children's court, but no order may continue after the minor reaches 18 years of age, unless the dispositional order was made within six months of the minor's eighteenth birthday, in which case the disposition may not continue for more than six months. (d) The dispositional orders are to be reviewed at the children's court discretion, but at least once every six months to determine the continuing need for and appropriateness of placement, to determine the extent of progress made, and to assess the probability of the minor's return to his or her home. (e) A permanency planning hearing must be held within 18 months after the original placement and every six months thereafter to determine the future status of the minor except when the minor is returned to his or her home and court supervision ceases. § 11.1113 Modification of dispositional order. (a) A dispositional order of the children's court may be modified upon a showing of a change of circumstances. (b) The children's court may modify a dispositional order at any time upon motion of the minor or the minor's parents, guardian or custodian. (c) If the modification involves a change of custody, the children's court shall conduct a hearing pursuant to paragraph (d) of this section to review the dispositional order. (d) A hearing to review a dispositional order shall be conducted as follows: (1) All the rights listed in §11.906 of this part shall be afforded the parties in the review of the disposition hearing except the right to free court-appointed counsel. Notice of the hearing shall be given the parties at least 48 hours before the hearing. (2) The children's court shall review the performance of the minor, the minor's parents, guardian or custodian, and other persons providing assistance to the minor and the minor's family. (3) In determining modification of disposition, the procedures prescribed in § 11.1111 of this part shall apply. (4) If the request for review of disposition is based upon an alleged violation of a court order, the children's court shall not modify its dispositional order unless it finds clear and convincing evidence of the violation. § 11.1114 Termination. (a) Parental rights to a child may be terminated by the children's court according to the procedures in this section. (b) Proceedings to terminate parental rights shall be instituted by a petition filed by the presenting officer on behalf of the tribe or by the parents or guardian of the child. The petition shall state: (1) The name, birth date, and residence of the minor; (2) The names and residences of the minor's parents, guardian or custodian; (3) If the child is in detention or shelter care, the place of detention or shelter care and the time he was taken into custody; and (4) The reasons for the petition. (c) Upon receipt of the petition, the children's court shall set a date for the termination hearing which shall not be more than 15 days after the children's court receives the petition from the presenting officer. The hearing may be continued: (1) On motion of the minor's parents, guardian or custodian; or (2) Upon motion of the presenting officer by reason of the unavailability of material evidence or witnesses and the children's court finds the presenting officer has exercised due diligence to obtain the material evidence or witnesses and reasonable grounds exist to believe that the material evidence or witnesses will become available. (d) Summons: (1) At least five working days prior to the termination hearing, the children's court shall issue summons to the minor, the minor's parents, guardian or custodian, and any other person the court or the minor's parents, guardian or custodian believes necessary for the proper adjudication of the hearing. (2) The summons shall contain the name of the court, the title of the proceedings, and the date, time and place of the hearing. (3) A copy of the petition shall be attached to the summons. (4) The summons shall be delivered personally by a law enforcement officer or appointee of the children's court. If the summons cannot be delivered personally, the court may deliver it by certified mail. (e) The children's court shall conduct the termination hearing for the sole purpose of determining whether parental rights shall be terminated. The hearing shall be private and closed. (1) All the rights listed in §11.906 shall be afforded the parties in the termination hearing except the right to a free court-appointed counsel. The minor's parents may not be compelled to be witnesses against, nor otherwise incriminate themselves. (2) The children's court shall hear testimony concerning the circumstances that gave rise to the petition, and the need for termination of parental rights. (3) The children's court may terminate parental rights if, following efforts to prevent or eliminate the need to remove the minor, it finds such efforts to have been unsuccessful, and it finds beyond a reasonable doubt that: (i) The child has been abandoned; (ii) The minor has suffered physical injuries, willfully and repeatedly inflicted by his or her parent(s) which cause or create a substantial risk of death, disfigurement, or impairment of bodily functions; (iii) The parent(s) has subjected the minor to willful and repeated acts of sexual abuse; (iv) The minor has suffered serious emotional or mental harm due to the act of the parent(s); or (v) The voluntary written consent of both parents has been acknowledged before the court. (f) Dispositional alternatives: (1) If parental rights to a child are terminated, the children's court shall place the minor in a foster care or shelter care facility which has been approved by the tribe, and follow the adoption procedures of the tribe, or, in their absence, the adoption procedures of the state within which it is located. (2) If parental rights to a child are not terminated, the children's court shall make a disposition according to § 11.1112 of this part. (g) The termination order constitutes a final order for purposes of appeal. (h) No adjudication of termination of parental rights shall affect the minor's enrollment status as a member of any tribe or the minor's degree of blood quantum of any tribe. § 11.1115 Information collection. (a) The information collection requirements contained in §11.600 and § 11.606 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq., and assigned approval number 1076-0094. The information is being collected to obtain a marriage license (§11.600) and a divorce decree (§11.606) from the Courts of Indian Offenses, and will be used by the courts to issue a marriage license or divorce decree. Response to this request is required to obtain a benefit. (b) Public reporting for this information collection is estimated to average .25 hours per response, including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the information collection. Direct comments regarding the burden estimate or any other aspect of this information collection to the Bureau of Indian Affairs, Information Collection Clearance Officer, Room 336-SIB, 1849 C Street, NW., Washington, DC 20240; and the Office of Information and Regulatory Affairs [Project 1076-0094], Office of Management and Budget, Washington, DC 20502. 12.2 What is the role of the Bureau of Indian Affairs Director of Law Enforcement Services? 12.3 Who supervises Bureau of Indian Affairs criminal investigators? 12.4 Who supervises the Bureau of Indian Affairs uniformed police, detention, and conservation enforcement functions? Subpart B-Policies and Standards 12.11 Do I have to follow these regulations? 12.14 Where can I find specific policies and standards for law enforcement functions in Indian country? Subpart C-Authority and Jurisdiction 12.21 What authority is given to Indian country law enforcement officers to perform their duties? 12.22 Can Bureau of Indian Affairs law enforcement officers enforce tribal laws? 12.23 What are the jurisdictional limits in Indian country? Subpart D-Qualifications and Training Requirements 12.31 Are there any minimum employment standards for Indian country law enforcement personnel? 12.32 Do minimum employment standards include a background investigation? 12.33 Are Indian country law enforcement officers paid less than other law enforcement officers? 12.34 Do minimum salaries and position classifications apply to a tribe that has contracted or compacted law enforcement under self-determination? 12.35 Do Indian country law enforcement officers complete any special training? 12.36 Does other law enforcement training count? Subpart E-Records and Information 12.41 Who keeps statistics for Indian country law enforcement activities? 12.42 Do Indian country law enforcement programs share information with their own communities or other agencies? Subpart F-Conduct 12.51 Must Indian country law enforcement officers follow a code of conduct? 12.52 How do I report misconduct? 12.53 Who investigates officer misconduct? 12.54 What can I do if I believe my civil rights have been violated? 12.55 Are there any limits on how much force an officer can use when performing law enforcement duties? 200-080 D-3 § 12.2 What is the role of the Bureau of Indian Affairs Director of Law Enforcement Services? The Director of the Office of Law Enforcement Services for the Bureau of Indian Affairs (Director) has been delegated the responsibility for the development of law enforcement and detention policies, standards, and management of all Bureau of Indian Affairs (BIA) criminal investigations, drug enforcement, training, internal affairs, inspection and evaluation, emergency response forces, and other national level Indian country law enforcement initiatives. The Director publishes these policies and standards in law enforcement manuals and handbooks. The Director is also directly responsible for developing crime prevention and outreach programs within Indian country law enforcement. $12.3 Who supervises Bureau of In dian Affairs criminal investigators? All BIA criminal investigators are supervised by other criminal investigators within the Office of Law Enforcement Services. $12.4 Who supervises the Bureau of Indian Affairs uniformed police, detention, and conservation enforcement functions? The agency superintendent is directly responsible for the operation and management of BIA uniformed police operations, detention facilities, and conservation enforcement operations at any agency having these programs. The agency superintendent must also ensure technical support is provided to any agency contracting the law enforcement and/or detention program. Subpart B-Policies and Standards § 12.11 Do I have to follow these regulations? You must follow the minimum standards outlined in the regulations in this part if you are part of a BIA or tribal law enforcement program receiving Federal funding or operating under a BIA law enforcement commission. § 12.12 What about self-determination? The regulations in this part are not intended to discourage contracting of Indian country law enforcement programs under the Indian Self-determination and Education Assistance Act (Pub. L. 93-638, as amended, 25 U.S.C. 450). The Deputy Commissioner of Indian Affairs will ensure minimum standards are maintained in high risk activities where the Federal government retains liability and the responsibility for settling tort claims arising from contracted law enforcement programs. It is not fair to law abiding citizens of Indian country to have anything less than a professional law enforcement program in their community. Indian country law enforcement programs that receive Federal funding and/or commissioning will be subject to a periodic inspection or evaluation to provide technical assistance, to ensure compliance with minimum Federal standards, and to identify necessary changes or improvements to BIA policies. § 12.13 What happens if I do not follow the rules in this part? Your BIA law enforcement commission may be revoked, your law enforcement contract may be canceled, and you may no longer be eligible for tribal shares allocated from the law enforcement budget. $12.14 Where can I find specific policies and standards for law enforcement functions in Indian country? BIA will ensure that all Indian country law enforcement programs are provided a copy of the most current policy manuals and handbooks. Every Indian country law enforcement program covered by the regulations in this part must maintain an effective and efficient law enforcement program meeting minimal qualitative standards and procedures specified in chapter 68 Bureau of Indian Affairs Manual (BIAM) and the Law Enforcement Handbook. Subpart C-Authority and Jurisdiction § 12.21 What authority is given to Indian country law enforcement officers to perform their duties? BIA law enforcement officers are commissioned under the authority established in 25 U.S.C. 2803. BIA may issue law enforcement commissions to other Federal, State, local and tribal full-time certified law enforcement officers to obtain active assistance in enforcing applicable Federal criminal statutes, including Federal hunting and fishing regulations, in Indian country. (a) BIA will issue commissions to other Federal, State, local and tribal full-time certified law enforcement officers only after the head of the local government or Federal agency completes an agreement with the Commissioner of Indian Affairs asking that BIA issue delegated commissions. The agreement must include language that allows the BIA to evaluate the effectiveness of these special law enforcement commissions and to investigate any allegations of misuse of authority. (b) Tribal law enforcement officers operating under a BIA contract or compact are not automatically commissioned as Federal officers; however, they may be commissioned on a caseby-case basis. § 12.22 Can Bureau of Indian Affairs law enforcement officers enforce tribal laws? BIA officers will enforce tribal laws only with the permission of the tribe. Local programs are encouraged to make arrangements and agreements with local jurisdictions to facilitate law enforcement objectives. § 12.23 What are the jurisdictional limits in Indian country? The Department of the Interior and the Department of Justice must maintain and periodically review and update a memorandum of understanding describing the relationship between the Federal Bureau of Investigation and the Bureau of Indian Affairs in the investigation and prosecution of major crimes in Indian country. Any law enforcement programs performing duties under the authority of 25 U.S.C. 2803 must follow the guidelines in the memorandum of understanding and any local United States Attorney's guidelines for the investigation and prosecution of Federal crimes. Subpart D-Qualifications and § 12.31 Are there any minimum employment standards for Indian country law enforcement personnel? The Director must develop, maintain, and periodically review the qualification standards, including medical qualification standards, for all BIA law enforcement, detention, and conservation enforcement occupational series. The standards will be no less stringent than the minimum standards established by the U.S. Office of Personnel Management (OPM) for these occupational series, and may exceed the OPM standards. BIA standards are available for review at any BIA personnel office. All tribal programs are encouraged to develop standards at least as stringent as those established for BIA officers. |