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WERTC Resolution
Revised Civil Commitment Code
WHITE EARTH RESERVATION TRIBAL COUNCIL
A/K/A WHITE EARTH BUSINESS COMMITTEE
WHITE EARTH BAND OF CHIPEWA INDIANS
O (9 -{3-00 |
Resolution No.
WHEREAS, the White Earth Reservation Tribal Council is the duly elected governing body of the White
Earth Reservation pursuant to Article IV, Section 1, of the revised constitution of the
Minnesota Chippewa Tribe, as amended, and organized under Section 16, of the Act of
June 18, 1934 (48 Stat. 984), and
WHEREAS, the White Earth Reservation Tribal Council, also known as the White Earth Reservation
Business Committee, is the duly authorized governing body of the White Earth Band, and
WHEREAS, the White Earth Reservation Tribal Council is responsible to assure the public health,
welfare and safety of tribal members on the Reservation, and
WHEREAS, the White Earth Reservation Tribal Council is familiar with the debilitating effects suffered
by tribal members who are addicted to drugs and alcohol; and the devastation caused by
untreated mental illness, and
WHEREAS, the White Earth Reservation Tribal Council on June 6, 2011 passed Resolution No. 019-11-004
004 which enacted a civil commitment code to assist tribal members who are determined
to be a danger to themselves or others in accessing appropriate treatment and services,
and
WHEREAS, the White Earth Reservation Tribal Council finds that revisions to the civil commitment
code passed on June 6, 2011 are necessary to facilitate civil commitment of tribal
members who are addicted to drugs and alcohol; or who suffer from untreated mental
illness, now
THEREFORE BE IT RESOLVED, that the White Earth Reservation Tribal Council hereby approves the revised
White Earth Band of Ojibwe Civil Commitment Code to be included in the White Earth Band of Chippewa
Comprehensive Law and Order Code.
We do hereby certify that the foregoing resolution was adopted by a vote of 3 for, 0 against,
0 silent, a quorum being present at a special meeting of the White Earth Reservation Tribal
_
Council held on October 29, 2012 in White Earth, Minnesota.
Vizerlor/ iryoman
Erma J.
LE
Robert J. Durant, Secretary/Treasurer


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WHITE EARTH BAND OF OJIBWE
CIVIL COMMITMENT CODE
TITLE 29
Chapter 1
SHORT TITLE, FINDINGS, PURPOSE AND DEFINITIONS
Section 1. Title.
Title 29 shall be titled "Civil Commitment Code".
Section 2. Findings.
(a) The White Earth Tribal Council hereby finds and determines that it is in the best interests
of the White Earth Nation to make laws which provide for the health and welfare of its
members; and
(b) The White Earth Tribal Council further finds and determines that it is in the best interests
of the White Earth Nation to provide a forum which is fair, accessible and culturally
appropriate for the protection of its members who may be mentally ill, chemically
dependent, or a danger to themselves or others; and
(c) The White Earth Tribal Council further finds and determines that it is in the best interest
of the White Earth Band of Ojibwe that all cases involving the civil commitment of
White Earth tribal members and other Indians who reside within the exterior boundaries
of the White Earth reservation be adjudicated through the White Earth Tribal Court.
(d) The White Earth Tribal Council hereby finds and determines that the White Earth Nation
has never waived civil jurisdiction over the members of the tribe, other Indians residing
within the exterior boundaries, as such the Tribe's civil jurisdiction remains intact.
Section 3. Purpose.
This Code shall be liberally construed and applied to carry out its purpose and intent and the
Code shall:
a) Protect, enhance and exercise the inherent sovereignty of the White Earth Nation; and
b) Simplify, clarify, modernize and revise the law governing the civil commitment of tribal
members and other Indians residing within the exterior boundaries of the White Earth
reservation in need of protection; and
c) Protect and enhance the due process rights of the people of the White Earth Nation and
those who enter or reside within the exterior boundaries of the White Earth Reservation;
and
d) Preserve the peace, harmony and safety of the people of the White Earth Nation and those
who enter or reside within the exterior boundaries of the White Earth Reservation.


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Section 4. Definitions.
For purposes of this Code, the terms defined in this section have the meanings given them.
Chemical Dependency. "Chemical Dependency" means the use of any chemical substance,
legal or illegal, that creates behavioral or health problems, or both, resulting in operational
impairment. This term includes alcoholism, drug dependency, or both, that endanger the health,
interpersonal relationships, or economic functions of an individual or the public health, welfare,
or safety of an individual or that person's dependents.
Danger to themselves or others. "Danger to themselves or others" means a person who is
chemically dependent or mentally ill as defined by this code and who as a result of that chemical
dependency or mental illness presents a clear danger to the safety of themselves or others as
demonstrated by the facts that
a. the person has engaged in an overt act causing or attempting to cause serious
physical harm to themselves or another; and
b. there is a substantial likelihood that the person will engage in acts capable of
inflicting serious physical harm on themselves or another.
Examiner. "Examiner" means a person who is knowledgeable, trained, and practicing in the
diagnosis and assessment or in the treatment of the alleged impairment, and who is:
a) a licensed physician;
b) a licensed psychologist who has a doctoral degree in psychology or who became a
licensed consulting psychologist before July 2, 1975;
c) a tribally licensed mental health professional; or
d) an advanced practice registered nurse certified in mental health.
Health Officer. "Health officer" means a licensed physician, licensed psychologist, licensed
social worker, registered nurse working in an emergency room of a hospital, or psychiatric or
public health nurse, or an advanced practice registered nurse (APRN), and formally designated
members of a pre-petition screening unit.
Interested Person. "Interested Person" means an adult, including but not limited to, a tribal
official, including a tribal employee, and the legal guardian, spouse, parent, legal counsel, adult
child, next of kin, significant other or other person designated by a proposed patient; or a
representative of the White Earth Behavioral Health Services.
Intellectually Disabled Person. "Intellectually Disabled Person" means any person:
a) who has been diagnosed as having significantly sub-average intellectual functioning
existing concurrently with demonstrated deficits in adaptive behavior and who
manifests these conditions prior to the person's 22nd birthday; and
b) whose recent conduct is a result of an intellectual disability, traumatic brain injury or
developmental disability and poses a substantial likelihood of physical harm to self or
others in that there has been
a. a recent attempt or threat to physically harm self or others, or


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b. a failure and inability to obtain necessary food, clothing, shelter, safety, or
medical care.
Licensed Psychologist. "Licensed psychologist" means a psychologist licensed by the
Minnesota Board of Psychology and recognized by the White Earth Tribal Council, and
possessing the qualifications for licensure in that jurisdiction.
Licensed Physician. "Licensed physician" means a medical doctor licensed by the Minnesota
Medical Board of Medical Practice and recognized by the White Earth Reservation Tribal
Council to practice medicine or a medical officer of the Indian Health Service in performance of
official duties.
Mental Illness. "Mental illness" means an organic disorder of the brain or a clinically
significant disorder of thought, mood, perception, orientation, memory, or behavior that is listed
in the clinical manual of the International Classification of Diseases (ICD-9-CM), current
edition, code range 290.0 to 302.99 or 306.0 to 316.0 or the corresponding code in the American
Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-MD),
current edition, Axes I, II, or III, and that seriously limits a person's capacity to function in
primary aspects of daily living such as personal relations, living arrangements, work, and
recreation.
a) An "adult with acute mental illness" means an adult who has a mental illness that is
serious enough to require prompt intervention.
b) For purposes of case management and community support services, a "person with
serious and persistent mental illness" means an adult who has a mental illness and meets
at least one of the following criteria:
a. the adult has undergone two or more episodes of inpatient care for a mental illness
within the preceding 24 months;
b. the adult has experienced a continuous psychiatric hospitalization or residential
treatment exceeding six months' duration within the preceding 12 months; and
c. the adult:
i. has a diagnosis of schizophrenia, bipolar disorder, major depression, or
borderline personality disorder;
ii. indicates a significant impairment in functioning; and
iii. has a written opinion from a mental health professional, in the last three
years, stating that the adult is reasonably likely to have future episodes
requiring inpatient or residential treatment, of a frequency described in
clause (1) or (2), unless ongoing case management or community support
services are provided;
d. the adult has, in the last three years, been committed by a court as a person who is
mentally ill under this Title or another jurisdiction, or the adult's commitment has
been stayed or continued; or
e. the adult
i. was eligible under clauses (a) to (b), but the specified time period has
expired; and
ii. has a written opinion from a mental health professional, in the last three
years, stating that the adult is reasonably likely to have future episodes


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requiring inpatient or residential treatment, of a frequency described in
clause (a) or (b), unless ongoing case management or community support
services are provided.
Patient. "Patient" means any person who is receiving treatment or has been committed under
this Code.
Tribal Law Enforcement officer. "Tribal Law Enforcement officer" means a White Earth
Reservation Police Officer, or other licensed law enforcement officer operating with permission
of the White Earth Tribal Council, when engaged in the authorized duties of office.
Person who is Chemically Dependent.
A "person who is chemically dependent" means any person who has developed an addiction to a
mood-altering chemical. Chemical dependency includes both drug addiction and alcoholism. A
person who is chemically dependent is unable to stop drinking or taking a particular mood-
mood-altering chemical despite serious health, economic, vocational, legal, spiritual, and social
consequences, fails to make proper decisions or conduct themselves in such a manner which can
manifest in a substantial likelihood of physical harm to self or others.
Person who is Mentally Ill.
a) A "person who is mentally ill" means any person who is intellectually disabled as defined
by this code or who has an organic disorder of the brain or a substantial psychiatric
disorder of thought, mood, perception, orientation, or memory which grossly impairs
judgment, behavior, capacity to recognize reality, or to reason or understand, which is
manifested by instances of grossly disturbed behavior or faulty perceptions and poses a
substantial likelihood of physical harm to self or others as demonstrated by:
a. a failure to obtain necessary food, clothing, shelter, or medical care as a result of
the impairment;
b. an inability for reasons other than indigence to obtain necessary food, clothing,
shelter, or medical care as a result of the impairment and it is more probable than
not that the person will suffer substantial harm, significant psychiatric
deterioration or debilitation, or serious illness, unless appropriate treatment and
services are provided;
c. a recent attempt or threat to physically harm self or others; or
d. recent and volitional conduct involving significant damage to substantial property.
b) A person is not mentally ill under this section if the impairment is solely due to:
a. epilepsy;
b. mental retardation;
c. brief periods of intoxication caused by alcohol, drugs, or other mind-altering
substances; or
d. dependence upon or addiction to any alcohol, drugs, or other mind-altering
substances.


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Prepetition Screening Team. "Prepetition Screening team" is a team of professionals assigned
by the Tribal Court to examine a petition for civil commitment. The team will consist of Health
Officers from the fields of health and mental health, a licensed chemical use assessor and
counselor, and may also include law enforcement and a representative from the White Earth
Legal Department. The Pre-petition screening team shall examine all legal documentation as
well the subject of the petition to determine the validity of the petition, and whether alternatives
to civil commitment exist. The team will make an objective recommendation to the Tribal Court
based on their evaluation of the evidence and information.
Proxy. A "proxy" is a legally authorized health care proxy, agent, or guardian may exercise the
patient's rights on the patient's behalf.
Safety. "Safety" means protection of persons or property from potential danger, risk, injury,
harm, or damage.
Screening Team. "Screening Team" is a collection of professional who sole purpose is to
evaluate the petition being considered.
Substance Abuse. "Substance Abuse" means a continued pathological use, overindulgence in, or
excessive use of, a drug, medication or other chemical leading to effects that are detrimental to
the individual's physical and mental health, or the welfare of others.
Substance Dependence. "Substance Dependence" means a persistence use of alcohol or other
drugs despite problems related to use of the substance. Compulsive and repetitive use may result
in tolerance to the effect of the drug and withdrawal symptoms when use is reduced or stopped.
Substance Use Disorder. "Substance Use Disorder" incorporates the definitions of "Substance
Abuse" and "Substance dependence" into a single definition which is recognized as a
diagnosable term for purposes of this Code. This definition can be used in place of separate and
interchangeable diagnosis of substance abuse and substance dependence.
Treatment Provider. "Treatment Provider" means any detoxification center, hospital, inpatient
or outpatient treatment facility, half way house, or supportive housing, for persons who are
mentally ill, mentally retarded, or chemically dependent as designated by the White Earth
Reservation Tribal Council.
Weekends or Holidays. "Weekends or Holidays" shall mean Saturday and Sunday during the
normal week. "Holidays" shall include any federal, state, and tribal holidays recognized as a day
that normal work is not scheduled. Holiday also shall include any work day being designated by
the White Earth Tribal Council where normal work is cancelled or where tribal operations or
offices are closed.
White Earth Behavioral Health. "White Earth Behavioral Health" is the tribal agency created
by the authority of the White Earth Reservation Tribal Council to provide diagnosis and
treatment of the mental health and chemical dependency as required under this Code. The Term


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"White Earth Behavioral Health" includes White Earth Substance Abuse and White Earth Tribal
Mental Health.
Chapter 2
JURISDICTION
Section 1. Jurisdiction.
a) The White Earth Tribal Court shall have general jurisdiction over civil commitment
matters as set forth under this title.
b) Persons subject to the Tribe's civil commitment jurisdiction include:
a. Enrolled members of the White Earth Band of Ojibwe.
b. White Earth descendants who reside within the exterior boundaries of the White
Earth Reservation.
c. Indians enrolled in federally recognized tribes who reside within the exterior
boundaries of the White Earth Reservation.
d. all other persons other than prohibited by Federal or State Law.
c) Territorial Jurisdiction.
a. Except as provided in subsection (b), the jurisdiction of the Tribal Court shall
extend to:
i. All land within the exterior boundaries of the Tribe's reservation,
including trust lands, fee patented land and rights of way running through
the reservation; and
ii. All land outside the boundaries of the Tribe's reservation held in trust by
the United States for the benefit of the Tribe and its members; and
iii. All other land considered "Indian Country" as defined by 18 U.S.C. sec.
1151 that is associated with the Tribe.
Chapter 3
STANDARDS, LIABILITY, RESTRICTION, DUE PROCESS, SPIRITUAL
TREATMENT
Section 1. Standards.
a) The Tribal Court shall use the following standards:
a. Danger to Self or Others. Either:
i. a substantial risk that physical harm will be inflicted by the Respondent
upon their own person, as evidenced by recent actions, threats, and
attempts to inflict physical harm on oneself; or


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ii. a substantial risk that physical harm will be inflicted by the Respondent
upon another, as evidenced by recent actions, threats, and attempts to
inflict physical harm on another.
b. Gravely Disabled. A condition in which a person, as a result of mental illness or
chemical dependency, is in danger of serious physical harm because:
i. they are not providing for their essential needs such as food, clothing,
shelter, vital medical care, or safety;
ii. they need, but are not receiving inpatient treatment for mental illness or
chemical dependency, and
iii. they are incapable of determining whether to accept such treatment
because their judgment is impaired.
Section 2. Liability.
a) Any Petitioner acting in good faith upon either actual knowledge or reliable information
shall not be subject to civil or criminal penalties for filing a petition for commitment
under this Code.
Section 3. Suits against the Band.
a) The sovereign immunity from suit of the Band and every elected Reservation Tribal
Council member, tribal official, tribal judge or attorney acting on behalf of the Band with
respect to any action taken in an official capacity or in the exercise of the official powers
of any such office, in any court, federal, state or tribal is hereby affirmed; nothing in this
Code shall constitute a waiver of the Band's sovereign immunity.
b) No enforcement action taken pursuant to this Code, including the filing of an action by
the Band or any agency of the Band in Tribal Court, shall constitute a waiver of
sovereign immunity from suit of the Band, or any elected Reservation Tribal Council
member or tribal official with respect to any action taken in an official capacity, or in the
exercise of the official powers of any such office, either as to any counterclaim,
regardless of whether the counterclaim arises out of the same transaction or occurrence,
or in any other respect.
Section 3. Restriction.
a) Except when ordered by the Tribal Court, no person subject to this Title shall be confined
in a jail or correctional institution.
Section 4. Due Process Requirements.
a) Respondent has the right to be represented by counsel. Counsel shall be appointed to
represent the Respondent with the first order issued by the Court. The Respondent may
hire a different attorney than is appointed by the Court at their own expense.
b) Respondent, their counsel and, any court appointed guardian shall receive notice of all
proceedings under this Title. All notices shall be personally served upon the Respondent


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within a reasonable time prior to the hearing. Service of notice of hearings, motions,
petitions and orders upon the Respondent's counsel or any court appointed guardian may
be made by mail, facsimile, or email.
c) All hearings required under this Title shall include:
a. the right to a closed hearing, and
b. the right to request an open hearing, and
c. the right to present and cross-examine witnesses.
Section 5. Respondent's Rights.
a) A Respondent has the right to access personal medical records. Every person subject to a
proceeding or receiving services pursuant to this Code and the patient's attorney shall
have complete access to all medical records relevant to the person's commitment. A
provider may require an attorney to provide evidence of representation of the patient or
an authorization signed by the patient.
b) A Respondent has the right to request a prepetition screening team to objectively examine
the documents and information produced in support of the petition. The prepetition
screening team will make a recommendation to the Tribal Court.
c) All persons admitted or committed to a treatment center shall be notified in writing of
their rights regarding hospitalization and other treatment at the time of admission. This
notification must include:
a. The right to counsel including the name and contact information for the
Respondent's court appointed counsel;
b. The right to be present at the hearing either in person or via telephone;
c. That the Petitioner bears the burden of proving by clear and convincing evidence
that commitment of the Respondent is necessary;
d. The right to provide testimony, present documentary evidence, call witnesses and
ask questions of all witnesses;
e. The right to obtain an additional examination; provided, if detained for emergency
treatment, this latter right may be exercised only after commitment.
Section 6. Treatment by Spiritual Means.
a) Nothing in this Code shall be construed to preclude supplementary treatment by spiritual
means for any person who desires such treatment, or to a minor if their parent, guardian,
or conservator desires such treatment.
Section 7. Standards of Proof.
a) The standard of proof to order a prepetition screening team and release records for the
purpose of review by the prepetition screening team is Probable Cause that the
Respondent may be in need of civil commitment.
b) The standard of proof to order evaluation, release records, and/or apprehend and detain a
Respondent is Probable Cause that the Respondent is in need of civil commitment.
c) The standard of proof to order the civil commitment of a Respondent is Clear and
Convincing Evidence that the Respondent is in need of commitment.


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Section 9. Severability.
a) If any clause, sentence, paragraph, section or part of this Code shall, for any reason, be
adjudicated by a proper court of competent jurisdiction to be invalid or unconstitutional,
such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which the judgment shall have been rendered.
Chapter 4
IN VOLUNTARY COMMITMENT OF MENTALLY ILL PERSONS.
Section 1. Petition.
a) Proceedings for the involuntary treatment of an allegedly Mentally Ill Person may be
commenced by any Interested Person by filing a petition with the Tribal Court of the
White Earth Band of Ojibwe. The petition shall contain:
a. The name, address, and age of Petitioner;
b. The name, address, age, marital status and occupation, if known, of the
Respondent;
c. The name, address, if known, of Respondent's nearest relatives;
d. The facts upon which the allegations are based, including a statement by the
Petitioner alleging that the Respondent is a person who is a Danger to Self or
Others or who is Gravely Disabled, a statement by medical personnel, law
enforcement, or other persons having knowledge of Respondent's illness, and a
statement, if known, of the nature of the mental illness;
A statement addressing whether alternatives to commitment were explored and
why such alternatives were rejected;
A statement as to whether the Respondent or another person is at risk of death or
great bodily harm necessitating immediate apprehension and detention; and
Documentation in the form of medical reports, letters from persons with
knowledge of the circumstances necessitating commitment, examiner's
statements, affidavits, police reports, and/or other reliable documents supporting
the allegations in the petition.
Section 2. Prepetition Screening Team.
a) Before a civil commitment is filed, a prepetition screening team, appointed by the Tribal
Court, may examine the information and any documents provided in support of the
petition. Upon the request of the Petitioner, the court shall issue an order appointing the
pre-petition screening team and authorizing disclosure of medical, psychiatric, chemical
dependency and other necessary records to the pre-petitions screening team and the tribal
attorney.


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b) The team shall make a recommendation to the Tribal Court on the validity of the petition
for civil commitment, including a recommendation for a dismissal of the petition if the
team feels it is warranted. The report by the team to the Tribal Court must include the
following:
a. Interview of the subject of the petition, or an explanation as to why the interview
was not performed;
b. Identify and investigate the alleged behavior which is the basis for the petition.
c. Identify and explore alternatives to commitment and explain why these
alternatives may or may not be appropriate.
In petitions requesting emergency detention where the Respondent is at risk of death or
great bodily harm, the prepetition screening may be excused at the Tribal Court's
discretion.
d) The Petitioner shall file the prepetition screening reports with the petition and supporting
documents.
Section 3. Procedures for Commitment.
a) Upon receiving a petition, the Tribal Court shall make a determination of probable cause
regarding the allegation set forth in the petition under section 1 of this chapter. The
Tribal Court shall find probable cause to exist if any of the following applies to the
respondent:
a. Is a Person who is Mentally-Ill; and
b. Poses an immediate Danger to Self or Others, or is Gravely Disabled; and
c. Needs immediate care and treatment.
b) If the Tribal Court determines that there is no probable cause, the Tribal Court shall
dismiss the petition and, if the Respondent is in custody, order the release of the
Respondent.
If the Tribal Court determines that probable cause exists; the Tribal Court may enter an
ex-parte order for immediate apprehension and detention of the Respondent in a
treatment facility, or in the alternative, where an immediate safety concern does not exist,
may order the Respondent to remain in the community and co-operate with services.
d) If the Court issues an order for apprehension and detention of the Respondent, a law
enforcement officer, or other designated tribal official, shall personally serve the
Respondent with a notice of the hearing, a copy of the petition and detention order and a
written statement of the Respondent's right to an attorney and the standard upon which
they may be committed. The law enforcement officer shall orally inform the respondent
that they are being taken into custody as the result of a commitment petition.
Upon apprehension, the Respondent shall be examined within seventy two (72) hours and
cannot be detained longer than forty-eight (48) hours without a hearing (excluding
weekends and/or federal or tribal holidays).
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f) If a commitment has been started because the Respondent was placed on a seventy two
(72) hour hold, the Respondent shall be examined during the seventy two (72) hour hold
period or within forty eight (48) hours of filing of the petition, whichever is later.
Section 4. Review by Mental Health Professional.
a) Upon receiving a petition, the Tribal Court shall notify White Earth Tribal Mental Health
or White Earth Indian Health Services Mental Health for purposes of determining the
proper treatment of the Respondent. The requirements of Section 1 above shall apply to
all petitioners for the commitment and treatment of Mentally-Ill Persons.
Section 5. Examination of Respondent.
a) Upon receiving a petition and prior to the contested hearing, the Tribal Court shall order a
psychological examination of the Respondent by an examiner. If the Respondent is not
subject to emergency detention under Section 3, the Tribal Court shall enter and
personally serve upon Respondent an order and summons to appear for the examination.
If the Respondent fails to appear for the examination, the Tribal Court may enter an order
for immediate apprehension and detention.
b) The examination shall be performed by a person qualified as an examiner under Chapter
1, Section 3 of this Title. The examination shall provide the following information:
a. Diagnostic Impressions or Diagnosis,
Basis for Diagnostic Impressions,
Recommendation as to whether commitment is necessary;
Recommendations for treatment.
Section 6. Hearings.
a) Upon receiving a petition, the Tribal Court shall schedule an initial hearing to review the
petition:
a. within forty-eight (48) hours of detention if the Respondent is being detained
pursuant to Section 2 (excluding weekends or holidays); or
b. within seventy-two (72) hours if the Respondent is not being detained (excluding
weekends or holidays).
b) The initial hearing shall address the need for continued custody and order additional
testing if necessary. The Respondent shall enter an admission or denial to the petition at
the initial hearing.
If Respondent denies the petition a contested hearing shall be scheduled within fourteen
(14) days of the hearing required under clause (a) of this section, unless there is a finding
of good cause to set a date beyond fourteen(14) days, or a waiver on the record by
Respondent to set a date beyond fourteen(14) days.
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d) The Tribal Court shall evaluate whether Probable Cause continues to exist for the
petition. If the Court continues to find that probable cause exists, the Court may continue
to detain the Respondent, order Respondent to begin a treatment program, order
Respondent to follow medical advice, or take any other necessary to protect the
Respondent's well-being.
e) The Tribal Court shall serve written notice of the date, time, and place of all hearings
upon the Respondent, any person designated by the Respondent, and the spouse, parents,
and/or guardians of the Respondent. The notice shall include the alleged grounds for
confinement, the standard of proof, and the Respondent's rights to:
a. Be represented by court appointed counsel including the contact information of
the court appointed counsel;
b. Chose to hire an attorney of their choice, at their own expense, if the Respondent
does not wish to be represented by the court appointed attorney and can afford to
hire an attorney;
be present either in person, by telephone, or by ITV for all hearings except
contested hearings;
be present for all contested hearings either in person or by ITV if authorized by
the Court;
testify, present documentary evidence, call witnesses and ask questions of all
witnesses;
obtain an additional examination; provided, if detained for emergency treatment,
this latter right may be exercised only after commitment.
f) Contested Hearings:
a. The contested hearing shall be tried as a civil matter and conducted in an informal
manner.
b. The Petitioner must prove by clear and convincing evidence at the contested
hearing that the Respondent is in need of civil commitment.
c. The Judge shall not be bound by rules of procedure or evidence applicable in
other civil proceedings. The Judge shall admit and consider all relevant evidence
presented at the contested hearing and shall take judicial notice of the file.
The Respondent must be present in person or, by ITV if authorized by the Court.
All efforts will be made to have the Respondent physically present at the
contested hearing.
Hearings shall be closed to the general public, unless a public hearing is requested
by the Respondent or their authorized representative and the Tribal Court so
orders.
If necessary, the hearing shall be held at a Treatment Facility.
The Tribal Court shall have the power to issue subpoenas to compel the testimony
of witnesses or the production of books, records, documents or any other physical
evidence related to the determination of the case. In the absence of justification
satisfactory to the Tribal Court, a person who fails to obey a subpoena may be
cited and held in contempt.
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g) Order of Commitment: If the Tribal Court finds by clear and convincing evidence that
the Respondent is a Mentally Ill Person, the Respondent is a Danger to Self or Others or
the Respondent is Gravely Disabled, the Respondent is in need of immediate care and
treatment, and no less restrictive alternatives exist, The Tribal Court may order:
a. Commitment to an inpatient treatment program. The order shall state that the
Respondent meets the criteria for civil commitment under the laws of the White
Earth Band of Ojibwe;
Commitment to community placement with attendance at appropriate outpatient
services and other court ordered requirements as recommended by the examiner
and White Earth Behavioral Health for a period of up to one hundred eighty (180)
days.
Commitment to a half way house or other supportive housing for up to ninety (90)
days after the completion of an inpatient treatment program;
Monitoring and supportive services as recommended by White Earth Tribal
Mental Health for a period of up to one hundred eighty (180) days.
The Tribal Court order will include the recommendations of White Earth
Behavior Health and/or the treatment provider in making its determination for
treatment and/or the length of time for the civil commitment under this section, if
less than 180 days.
f. Further assessment, if necessary;
g. Authorization for the exchange of records between treatment providers and to the
court and tribal attorney;
h. A review of the proceedings within ninety (90) days.
h) The Civil Commitment Case Manager shall furnish monthly reports to the Tribal Court,
Tribal Attorney, and the Respondent's Attorney outlining the treatment being
administered, the Respondent's progress, and the Treatment Facility's recommendations
including the need for continued detention. The Civil Commitment Case Manager shall
provide a court report to the Tribal Court, Tribal Attorney, and Respondent's Attorney at
least five (5) calendar days before each hearing addressing the progress the Respondent
has made to date and the recommendations of the Civil Commitment Case Manager and
the Treatment Facility.
Section 7. Petition for Release.
a) The Respondent, or an authorized representative, may at any time petition the Tribal
Court for release from the Treatment Facility.
b) The petition for release need not be in any particular form. The Respondent may orally
petition the court for release during a hearing, or may file a written Petition with the
Court.
c) Upon receipt of a written petition for release, the Tribal Court shall review the petition,
and serve a copy upon the Petitioner, Respondent and Treatment Facility. Upon receipt
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of a written or oral petition for release, the Tribal Court shall allow the Petitioner seven
(7) days to respond.
d) The Treatment Facility shall file a written response to the petition within seven (7)
calendar days of receipt of notice that the Respondent has petitioned for release.
If, after consideration of the petition and Treatment Facility's response, the Tribal Court
finds substantial evidence that the Respondent no longer poses a Danger to Self or
Others, the Tribal Court shall hold a hearing on the matter, following the procedures set
forth in Section 5 of this Chapter.
The findings and order of the Tribal Court shall be filed with the Clerk of Court who
shall serve certified copies upon the Respondent, Petitioner, and the Treatment Facility.
Section 8. Status Review Hearings.
a) The Tribal Court shall conduct a status review hearing, in an appropriate location, every
ninety (90) days for all persons remaining under this Title.
b) The Tribal Court shall personally serve the notice of hearing on the Respondent.
Counsel for the Respondent and any Guardian may be served by mail, facsimile, or
email.
The Respondent shall have the right:
a. to be present at that hearing by telephone, ITV, or in person;
b. to be represented by counsel,
c. to subpoena and cross-examine witnesses, and
d. to petition the court for release.
d) The Respondent shall be present at the hearing either by telephone, ITV, or in person.
e) The Tribal Court shall require a report from the treatment facility, an examiner, and the
Petitioner on the status of the Respondent and the need for continuing treatment.
Section 9. Contempt.
A person who violates an order from the Tribal Court may be found to be in contempt upon
proof by clear and convincing evidence after a contested hearing that the Respondent knowingly
or willfully did not comply with an order of the Tribal Court. Contempt may include a fine not
to exceed $100.00 and/or the suspension of Tribal Privileges. If suspension of Tribal Privileges
is ordered, those privileges shall be reinstated upon curing the contempt.
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Chapter 5
IN VOLUNTARY COMMITMENT FOR CHEMICALLY DEPENDENT
PERSONS
Section 1. Petition.
b) Proceedings for the involuntary treatment of an allegedly Chemically Dependent Person
may be commenced by any Interested Person by filing a petition with the Tribal Court of
the White Earth Band of Ojibwe. The petition shall contain:
a. The name, address, and age of Petitioner;
b. The name, address, age, marital status and occupation, if known, of the
Respondent;
c. The name, address, if known, of Respondent's nearest relatives; and
d. The facts upon which the allegations are based, including a statement by the
Petitioner alleging that the Respondent is a person who is a Danger to Self or
Others or who is Gravely Disabled, a statement by medical personnel, law
enforcement, or other persons having knowledge of Respondent's illness, and a
statement, if known, of the nature of the mental illness.
A statement addressing whether alternatives to commitment were explored and
why such alternatives were rejected.
A statement as to whether the Respondent or another person or unborn child is at
risk of death or great bodily harm necessitating immediate apprehension and
detention.
Documentation in the form of medical reports, letters from persons with
knowledge of the circumstances necessitating commitment, examiner's
statements, affidavits, police reports, and/or other reliable documents supporting
the allegations in the petition.
Section 2. Prepetition Screening Team.
e) Before a civil commitment is filed, a prepetition screening team, appointed by the Tribal
Court, may examine the information and any documents provided in support of the
petition. The court shall issue an order appointing the pre-petition screening team,
authorizing the pre-petition screening team to interview the Respondent and witnesses,
and authorizing disclosure of medical, psychiatric, chemical dependency, and other
necessary records to the pre-petitions screening team and the tribal attorney.
f) The team shall make a recommendation to tribal court on the validity of the petition for
civil commitment, including a recommendation for a dismissal of the petition if the team
feels it is warranted. The report by the team to the Tribal Court must include the
following:
a. Interview of the subject of the petition, or an explanation as to why the interview
was not performed;
b. Identify and investigate the alleged behavior which is the basis for the petition.
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c. Identify and explore alternatives to commitment and explain why these
alternatives may or may not be appropriate.
g) In petitions requesting emergency detention where the Respondent is at risk of death or
great bodily harm, the prepetition screening may be excused at the Tribal Court's
discretion.
h) The Petitioner shall file the prepetition screening reports with the petition and supporting
documents.
Section 3. Procedures for Commitment.
g) Upon receiving a petition, the Tribal Court shall make a determination of probable cause
regarding the allegation set forth in the petition under section 1 of this chapter. The
Tribal Court shall find probable cause to exist if the following applies to the respondent:
a. Is a Person who is Chemically Dependent; and
b. poses an immediate Danger to Self or Others or is Gravely Disabled; and
c. needs immediate care and treatment.
h) If the Tribal Court determines that there is no probable cause, the Tribal Court shall
dismiss the petition and, if the Respondent is in custody, order the release of the
Respondent.
If the Tribal Court determines that probable cause exists; the Tribal Court may enter an
ex-parte order for immediate apprehension and detention of the Respondent at a treatment
facility; or in the alternative where there is no immediate risk of harm to the Respondent
or others, the Court may order the Respondent to remain in the community and cooperate
with services. The Tribal Court shall order a comprehensive mental examination to be
conducted by an Examiner.
j) The law enforcement officer, or other designated tribal official, shall present the
Respondent with a notice of the hearing, a copy of the petition and detention order and a
written statement of the Respondent's right to an attorney and the standard upon which
they may be committed. The law enforcement officer shall orally inform the respondent
that they are being taken into custody as the result of a commitment petition.
k) Upon apprehension, the Respondent cannot be detained longer than forty-eight (48) hours
without a hearing (excluding weekends and/or federal or tribal holidays).
l) If a commitment has been started because the Respondent was placed on a seventy two
(72) hour hold, the Respondent shall be examined during the seventy two (72) hour hold
period or within forty eight (48) hours of filing of the petition, whichever is later.
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Section 4. Review by White Earth Substance Abuse.
b) Upon receiving a petition, the Tribal Court shall notify White Earth Substance Abuse for
purposes of determining the proper treatment of the Respondent. The requirements of
Section 1 above shall apply to all petitioners for the commitment and treatment of
Chemically Dependent Persons.
Section 5. Examination of Respondent.
c) Upon receiving a petition and prior to the hearing, the Tribal Court shall order a
psychological examination of the Respondent by an examiner and a Chemical Use
Assessment by a licensed addiction counselor. If the Respondent is not subject to
emergency detention under Section 2, the Tribal Court shall enter and personally serve
upon Respondent an order and summons to appear for the examination and chemical use
assessment. If the Respondent fails to appear for the examination and chemical use
assessment, the Tribal Court may enter an order for immediate apprehension and
detention.
Section 6. Hearings.
a) Upon receiving a petition, the Tribal Court shall schedule an initial hearing to review the
petition:
a. within forty-eight (48) hours of detention if the Respondent is being detained
pursuant to Section 2 (excluding weekends or holidays); or
b. within seventy-two (72) hours if the Respondent is not being detained (excluding
weekends or holidays).
b) The initial hearing shall address the need for continued custody and order additional
services and/or the release of records if necessary. The Respondent shall enter an
admission or a denial to the petition.
If the Tribal Court continues to believe there is Probable Cause for the petition, the Tribal
Court may continue to detain the Respondent, order Respondent to begin a treatment
program, order Respondent to follow medical advice, or take any other necessary to
protect the Respondent's well-being.
d) If Respondent denies the petition a contested hearing shall be scheduled within fourteen
(14) days of the hearing required under clause (a) of this section, unless there is a finding
of good cause to set a date beyond fourteen(14) days, or a waiver on the record by
Respondent to set a date beyond fourteen(14) days.
The Tribal Court shall serve written notice of the date, time, and place of all hearings
upon the Respondent, any person designated by the Respondent, and the spouse, parents,
and/or guardians of the Respondent. The notice shall include the alleged grounds for
confinement and the Respondent's rights to:
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a. court appointed counsel including the name and contact information for the court
appointed attorney;
be present at all hearings by telephone, ITV or in person, except contested
hearings;
c. be present at all contested hearing in person or by ITV if authorized by the court;
testify, present documentary evidence, call witnesses and ask questions of all
witnesses;
obtain an additional examination; provided, if detained for emergency treatment,
this latter right may be exercised only after commitment.
f) The Respondent's counsel and any court appointed guardian may be served by mail,
facsimile, or email with notices of hearings, motions, orders, and other documents.
g) Contested Hearings:
a. The contested hearing shall be tried as a civil matter and conducted in an informal
manner.
b. The Petitioner must prove by clear and convincing evidence at the contested
hearing that the Respondent is in need of civil commitment.
c. The Judge shall not be bound by rules of procedure or evidence applicable in
other civil proceedings. The Judge shall admit and consider all relevant evidence
presented at the contested hearing and shall take judicial notice of the file.
All efforts will be made to have the Respondent physically present at the final
hearing.
Hearings shall be closed to the general public, unless a public hearing is requested
by the Respondent or their authorized representative and the Tribal Court so
orders.
If necessary, the hearing shall be held at a Treatment Facility.
The Tribal Court shall have the power to issue subpoenas to compel the testimony
of witnesses or the production of books, records, documents or any other physical
evidence related to the determination of the case. In the absence of justification
satisfactory to the Tribal Court, a person who fails to obey a subpoena may be
cited and held in contempt.
h) Order of Commitment: If the Tribal Court finds by clear and convincing evidence that
the Respondent is a Chemically Dependent Person, the Respondent is a Danger to Self or
Others or the Respondent is Gravely Disabled, the Respondent is in need of immediate
care and treatment, and no less restrictive alternatives exist, The Tribal Court shall order:
a. Commitment to an inpatient treatment program for up to a maximum of ninety
(90) days of in-patient treatment for an alcohol dependent person; and up to a
maximum of six (6) months for a drug dependent person. The order shall state
that the Respondent meets the criteria for civil commitment under the laws of the
White Earth Band of Ojibwe;
Commitment to community placement with attendance at appropriate outpatient
services and other court ordered requirements as recommended by the chemical
use assessor for a period of up to one hundred eighty (180) days;
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c. Commitment to a half way house or other supportive housing for up to ninety (90)
days after the completion of an inpatient treatment program;
d. Aftercare outpatient services for a period of up to ninety (90) days following the
completion of inpatient and/or half way house programming.
e. Monitoring and supportive services as recommended by White Earth Substance
Abuse for up to one hundred eighty (180) days.
f. The Tribal Court order will include the recommendations of White Earth
Substance Abuse and/or the treatment provider in making its determination for
treatment and/or the length of time for the civil commitment under this section, if
less than one hundred eighty (180) days.
g. Further assessment if necessary;
h. Authorization for the exchange of records between treatment providers and to the
court and tribal attorney;
i. A review of the proceedings within ninety (90) days.
i) The Civil Commitment Case Manager shall furnish monthly reports to the Tribal Court,
Tribal Attorney, and the Respondent's Attorney outlining the treatment being
administered, the Respondent's progress, and the Treatment Facility's recommendations
including the need for continued detention.
j) The Civil Commitment Case Manager shall provide a court report to the Tribal Court,
Tribal Attorney, and Respondent's Attorney at least five (5) calendar days before each
hearing addressing the progress the Respondent has made to date and the
recommendations of the Civil Commitment Case Manager, White Earth Substance
Abuse, and the Treatment Facility.
Section 7. Petition for Release.
g) The Respondent, or an authorized representative, may at any time petition the Tribal
Court for release from the Treatment Facility.
h) The petition for release need not be in any particular form. The Respondent may orally
petition the court for release during a hearing, or may file a written Petition with the
Court.
Upon receipt of a written petition for release, the Tribal Court shall review the petition,
and serve a copy upon the Petitioner, Respondent and Treatment Facility. Upon receipt
of a written or oral petition for release, the Tribal Court shall allow the Petitioner seven
(7) days to respond.
j) The Treatment Facility shall file a written response to the petition within seven (7)
calendar days of receipt of notice that the Respondent has petitioned for release.
k) If, after consideration of the petition and Treatment Facility's response, the Tribal Court
finds substantial evidence that the Respondent no longer poses a Danger to Self or
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Others, the Tribal Court shall hold a hearing on the matter, following the procedures set
forth in Section 5 of this Chapter.
1) The findings and order of the Tribal Court shall be filed with the Clerk of Court who
shall serve certified copies upon the Respondent, Petitioner, and the Treatment Facility.
Section 8. Status Review Hearings.
f) The Tribal Court shall conduct a status review hearing, in an appropriate location, at least
every ninety (90) days for all persons remaining under this Title.
g) The Respondent shall have the right:
a. to be present at that hearing by telephone, ITV, or in person;
b. to be represented by counsel,
c. to subpoena and cross-examine witnesses, and
d. to petition the court for release.
h) The Respondent shall appear at all hearings in person, by telephone or by ITV.
The Respondent shall appear at all contested hearings in person or if authorized by the
court, by ITV.
j) The Tribal Court shall require a report from the treatment facility, an examiner, and the
Petitioner on the status of the Respondent and the need for continuing treatment.
k) Civil Commitment proceedings shall be dismissed after 180 days unless a Petition for
Re-Commitment is filed by the Petitioner.
Section 9. Contempt
A person who violates an order from the Tribal Court may be found to be in contempt upon
proof by clear and convincing evidence after a contested hearing that the Respondent knowingly
or willfully did not comply with an order of the Tribal Court. Contempt may include a fine not
to exceed $100.00 and/or the suspension of tribal privileges. If suspension of tribal privileges is
ordered, those privileges shall be reinstated upon curing the contempt.
Section 10. Substance Abuse by Pregnant Women.
a) Medical evidence suggests that prenatal drug and/or alcohol exposure places the child at
high risk of having medical, psychological and social problems after birth known as Fetal
Alcohol Syndrome. Such affected infants are often born prematurely, have low birth
weights and other significant medical problems. The White Earth Band of Ojibwe
recognizes the need to protect its future generations, and therefore, specifically provides
for the protection of the unborn child.
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b) If the Tribal Court receives a credible report alleging abuse of alcohol or drugs by a
White Earth Tribal member who is pregnant, or any other Indian who may be pregnant
and they reside within the exterior boundaries of the White Earth Reservation, the Tribal
Court shall arrange an appropriate assessment with White Earth Substance Abuse. All
notices sent by the Tribal Court or by White Earth Substance Abuse shall be personally
served upon the Respondent.
c) In lieu of court-ordered treatment, the Respondent and White Earth Substance Abuse may
voluntarily enter into a written agreement providing for appropriate treatment including,
but not limited to, a referral for a chemical dependency assessment, chemical dependency
treatment, or classes on parental care. All settlement agreements must be approved by the
Tribal Court.
d) If Respondent fails to meet with White Earth Substance Abuse, denies the allegations, or
fails to comply with the treatment plan, White Earth Substance Abuse shall file a petition
with the Tribal Court in accordance with Section 1 of this Chapter. Upon receipt of such
petition, the Tribal Court may issue an ex-parte order to detain the Respondent pending
final disposition. The Tribal Court may not detain the Respondent at any Treatment
Facility that is unable to monitor the welfare of the unborn child while providing
appropriate treatment for the mother.
e) The due process requirements as enumerated in Chapter 3, section 4 of this Title shall be
strictly adhered to in order to protect the rights of the Respondent.
Chapter 6
STAYED AND CONTINUED PROCEEDINGS
Section 1. General.
This Chapter applies to civil commitments filed under Chapter 4 and/or Chapter 5 of this
Title.
Section 2. Stayed orders of Commitment.
a) The Tribal Court may upon the agreement of the Respondent and the Petitioner stay the
civil commitment of the Respondent conditioned on the Respondent's successful
completion of terms agreed upon by the Respondent and Petitioner. The terms under
which the commitment shall be stayed must be clearly articulated on the record at the
time of the hearing. The Court shall issue an order staying the commitment of the
Respondent and ordering the terms as agreed upon by the Respondent and Petitioner.
b) Stayed orders of Commitment shall be reviewed at least every ninety (90) days.
c) The Civil Commitment Case Manager shall furnish monthly reports to the Tribal Court
outlining the treatment being administered, the Respondent's progress, and the Treatment
Facility's recommendation as to the need for continued detention.
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d) The Respondent retains all the rights provided in Chapter 1-5 of this Title.
e) If the Respondent does not successfully complete the terms agreed upon and ordered by
the Court, the Court may grant the following relief upon motion of the Petitioner:
a. Where the Petitioner has demonstrated probable cause that the noncompliance
with the terms of the stayed commitment has created an immediate danger to the
Respondent or others, the Court may order the apprehension and detention of the
Respondent pursuant to Chapter 4, Section 3 and Chapter 5, Section 3 of this title.
b. The procedural protections described in Chapters 1-5 of this Title shall apply.
c. The Court may lift the stay of commitment upon clear and convincing evidence
presented at a contested hearing, that the Respondent is a danger to themselves or
others because of the non-compliance.
Section 2. Proceedings Continued for Dismissal.
a) The Tribal Court may upon the agreement of the Respondent and the Petitioner continue
the civil commitment proceedings for dismissal conditioned on Respondent's successful
completion of services as agreed upon by the Respondent and the Petitioner. The terms
under which the proceedings may be continued must be clearly articulated on the record
at the time of the hearing. The Court shall issue an order continuing the stay of
proceedings and ordering the terms as agreed upon by the Respondent and Petitioner.
Continued proceedings may only be used where the examiner, or a health officer has
recommended outpatient treatment.
Proceedings continued for dismissal shall be reviewed at least every ninety (90) days.
The Civil Commitment Case Manager shall furnish monthly reports to the Tribal Court
outlining the treatment being administered, the Respondent's progress, and the Treatment
Facility's recommendations.
The Respondent retains all the rights provided in Chapter 1-5 of this Title.
If the Respondent does not successfully complete the terms agreed upon and ordered by
the Court, the Court may grant the following relief upon motion of the Petitioner:
a. Where the Petitioner has demonstrated probable cause that the noncompliance
with the terms has created an immediate danger to the Respondent or others, the
Court may order the apprehension and detention of the Respondent pursuant to
Chapter 4, Section 3 and Chapter 5, Section 3 of this title. The procedural
protections described in Chapters 1-5 of this Title shall apply.
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b. Upon motion of the Petitioner requesting Commitment of the Respondent, the
Court may schedule a trial where the Petitioner shall bear the burden of proving
by clear and convincing evidence the allegations in the Petition and that the
Respondent has not been compliant with the terms of the continued proceedings.
Chapter 7
EMERGENCY HOLD
Section 1. Emergency Hold.
a) Any person may be admitted or held for emergency care and treatment in a treatment
facility with the consent of the head of the treatment facility upon a written statement by
an examiner that:
a. The examiner has examined the person not more than 15 days prior to admission;
b. The examiner is of the opinion, for stated reasons, that the person is mentally ill,
developmentally disabled or chemically dependent, and is in danger of causing
injury to self or other if not immediately detained; and
c. An order from the tribal court cannot be obtained in time to prevent the
anticipated injury.
Section 2. Tribal Law Enforcement Officer.
a) A tribal law enforcement officer may lawfully detain, take into custody and transport a
person to a licensed physician or treatment facility if the officer has reason to believe,
either through direct observation or upon reliable information of the person's recent
behavior and knowledge of the person's past behavior or medical treatment.
b) A tribal law enforcement officer may take a person who the officer reasonably believes to
be chemically dependent or intoxicated in public and a danger to themselves or to others
and transport them to a treatment facility.
c) A tribal law enforcement officer may take into custody any person who the officer
reasonably believes to be intoxicated in public and reasonably believes that the person is
a danger to themselves or to others and transport them to a treatment facility.
Section 3. Notice of Emergency Hold.
a) Any person held under this section must be informed in writing at the time of admission
of the right to leave the treatment facility after 72 hours, not including week-ends and
legal holidays, provided that the medical examination allows for a change to voluntary
status and there are no pending tribal court orders relating to the emergency hold.
b) Any person held under this section has a right to leave the medical facility 48 hours, not
including week-ends and legal holidays, after a proper medical examination has been
completed, provided that the medical examination allows for a change to voluntary status
and there are no pending tribal court orders relating to the emergency hold.
c) The treatment facility shall assist the person, held under this section, in exercising the
rights enumerated in this section. Nothing in the section shall impair the procedures set
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forth in Chapter 4, Mental Illness or in Chapter 5, Chemical Dependency. The specific
procedures in Chapter 4 and Chapter 5 take precedence over the procedures set forth
under this section relating to an emergency hold.
Section 4. Duration of Emergency Hold.
a) Any person held under this section may be held up to 72 hours, exclusive of Saturday,
Sundays, and legal holidays after admission. If a petition for the commitment of the
person is filed in Tribal Court, the Court may issue a judicial hold order pursuant to
Chapter 4 or Chapter 5 of this code.
b) During the 72-hour emergency hold period under this chapter no court may release any
person held under this section without a written petition for release and a summary
hearing on that petition. The petition must be consistent with the petition standards set
forth in Chapter 4 and Chapter 5 of this code. The summary hearing must be held as
soon as practicable and not inconsistent with the procedures set forth in this code. The
summary hearing may be conducted via telephone conference or other means available as
long as the parties can hear and communicate with each other. If the court orders the
release of the person, it shall issue an order to the effect along with written findings
supporting the release. A court ordered release may not be delayed pending the order
being issued. The court, upon ordering a release of a person held under this section, shall
notify all relevant parties of the release. For purposes of this section all relevant parties
are:
a. Any specific individuals identified in the petition or in the record presented at the
summary hearing who might be endangered if the person held is released; and
b. The examiner whose information is used as the basis for the hold; and
c. Tribal Law enforcement; and
d. White Earth Substance Abuse or Behavioral Services depending on the nature of
the emergency hold; and
e. The treatment facility where the person is being held.
Section 5. Emergency Hold for Public Intoxication.
a) Any person held under this section under the basis for public intoxication and the purpose
for the hold is for detoxification, a treatment facility may release the person after 24
hours without providing notice, once the treatment facility is able to determine the person
is no longer a danger to themselves or to others. The treatment facility must notify tribal
law enforcement that the person is being released form the facility and the grounds for
doing so.
Section 6. Release from Emergency Hold.
b) Any person held under this section must be released from the medical facility upon the
expiration of the 72 hours unless a tribal court orders the person to be held. No person
may be held for longer than 72 hours under this code without having a summary hearing
before a tribal court judge. If no hearing is held within 72 hours of the placement of the
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emergency hold, excluding Saturdays, Sundays and legal holidays, the treatment facility
must release the person.
Chapter 8
ADMINISTRATION OF NEUROLEPTIC MEDICATION
Section 1. General.
a) Neuroleptic medications may be administered to persons subject to civil commitment as
defined as mentally ill, chemically dependent and/or dangerous to the public only as
provided in this section.
Section 2. Emergency Administration.
a) A treating physician may administer neuroleptic medication to a patient who does not
have capacity to make a decision regarding administration of the medication if the patient
is in an emergency situation. Medication may be administered for so long as the
emergency continues to exist, up to 14 days, if the treating physician determined that the
medication is necessary to prevent serious, immediate physical harm to the patient or to
others.
b) If a request for authorization to administer medication is made to the Tribal Court in
conjunction with a petition for commitment and the Tribal Court determines there is
sufficient cause to continue the physician's order until the hearing, the treating physician
may continue the medication until that hearing, if the emergency continues to exist.
c) The treatment facility, hospital or other place of care shall document the emergency in
the patient's medical record in specific behavioral terms.
Section 3. Persons with capacity to make informed decision.
a) A person who has the capacity to make an informed decision regarding the administration
of the neuroleptic medication may consent or refuse to the administration of the
medication. The informed consent of a patient must be in writing.
Section 4. Determination of capacity.
a) The Respondent is presumed to have capacity to make decisions regarding administration
of neuroleptic medication. Petitioner has the burden of proving incapacity by a
preponderance of the evidence.
b) In determining the Respondent's capacity to make decisions regarding the administration
of neuroleptic medication, the Tribal Court shall consider:
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a. Whether The Respondent demonstrates an awareness of the nature of his/her
situation, including the reasons for the hospitalization, and the possible
consequences of refusing treatment with neuroleptic medications;
b. Whether The Respondent demonstrates an understanding of treatment with
neuroleptic medications and the risks, benefits, and alternatives;
c. Whether The Respondent communicates verbally or nonverbally a clear choice
regarding treatment with neuroleptic medications that is a reasoned one, even if it
may not be in the person's best interests.
Section 5. Persons without capacity to make informed decision; Substitute decision maker.
a) Upon request of any interested person and upon a showing that administration of
neuroleptic medications may be recommended and that the Respondent lacks capacity to
make decisions regarding the administration of a neuroleptic medication, the Tribal Court
shall appoint a substitute decision maker with authority to consent to the administration
of neuroleptic medication as provided in this section.
b) A hearing is not required for an appointment under this paragraph. The substitute
decision maker must be an individual, community member, or institutional
multidisciplinary panel by the local mental health authority. In appointing a substitute
decision maker, the Tribal Court shall give preference to a guardian or conservator, proxy
or health care agent with authority to make health care decisions for the Respondent.
If the Respondent's treating physician recommends treatment with neuroleptic
medication, the substitute decision maker may give or withhold consent to the
administration of the medications based on the standards in Section 4 of this Chapter. If
the substitute decision maker withholds or withdraws consent or the Respondent refuses
the medication, a neuroleptic medication may not be administrated to the Respondent
except by a Tribal Court order or in an emergency where the treating physician
reasonably believes death or imminent harm will result..
d) A substitute decision maker appointed under this section has access to the relevant
sections of the Respondent's health records on the past or present administration of
medication. The substitute decision maker shall also have the ability to speak without
additional written consent with the treating physician regarding the need for or
recommendations of administrating the neuroleptic medication.
If the Tribal Court order for civil commitment did not provide for the appointment of a
substitute decision-maker or for the administration of neuroleptic medication, the
treatment facility may later request the appointment of a substitute decision-maker upon a
showing that administration of neuroleptic medications is recommended and that The
Respondent lacks capacity to make decisions regarding the administration of neuroleptic
medications.
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f) The substitute decision maker's authority to consent to the neuroleptic medication lasts
for the duration of the Tribal Court's order of appointment or until modified by the Tribal
Court.
Section 6 When a person lacks capacity to make decisions about medication
a) When the Respondent lacks capacity to make decisions regarding the administration of
neuroleptic medication, the substitute decision-maker or the Tribal Court shall use the
standards in this Section in making a decision regarding administration of the medication.
b) If the Respondent clearly stated what the Respondent would choose to do in this situation
when the Respondent had the capacity to make a reasoned decision, the Respondent's
wishes must be followed. Evidence of the Respondent's wishes may include written
instruments, including a durable power of attorney for health care
c) If evidence of the Respondent's wishes regarding the administration of neuroleptic
medications is conflicting or lacking, the decision must be based on what a reasonable
person would do, taking into consideration:
a. The Respondent's family, community, cultural, moral, religious, and social
values;
b. the medical risks, benefits, and alternatives to the proposed treatment;
c. past efficacy and any extenuating circumstances of past use of neuroleptic
medications;
d. any other relevant factors.
Section 7 Procedure when person refuses medication.
a) If the substitute decision maker or the Respondent refuses to consent to treatment with
neuroleptic medications, absent an emergency as set out above, neuroleptic medications
may not be administered without a Tribal Court order.
b) Upon receiving written request for a hearing, the Tribal Court shall schedule the hearing
within 14 days of the request. The matter may be heard as part of any other proceeding
under this Chapter. By agreement of the parties or for good cause shown, the Tribal Court
may extend the time of the hearing an additional 30 days.
The Tribal Court may base its decision on relevant evidence, including testimony of a
treating physician or other qualified physician, a member of the Respondent's treatment
team, a court-appointed examiner, witness testimony, or the Respondent's own medical
record.
d) If the Tribal Court finds the Respondent has the capacity to decide whether to take
neuroleptic medication or that the Respondent lacks capacity to decide and the standards
for make a decision to administer the medications under Section 5 are not met, the
treating facility may not administer medication without the Respondent's informed and
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written consent or without the declaration of an emergency, or until further review by the
Tribal Court.
If the Tribal Court finds that the Respondent lacks capacity to decide whether to take
neuroleptic medication, the Tribal Court may authorize the treating facility and any other
community or treatment facility to which the Respondent may be transferred or
provisionally discharged, to involuntarily administer the medication to the Respondent. A
copy of the Tribal Court order must be given to the Respondent, the Respondent's
attorney, the Tribal Attorney, and the treatment facility. The treatment facility may not
begin administration of the neuroleptic medication until it notifies the Respondent of the
Tribal Court's order authorizing the treatment.
The Tribal Court may authorize the administration of neuroleptic medication until the
termination of a determinate commitment. If the patient is committed for an
indeterminate period, the Tribal Court may authorize treatment of neuroleptic medication
for not more than two years, subject to the Respondent's right to petition the Tribal Court
for review of the order. The treatment facility must submit annual reports to the Tribal
Court, which shall provide copies to the Respondent and the respective attorneys.
g) If physical force is required to administer the neuroleptic medication, force may only take
place in a treatment facility or therapeutic setting where the Respondent's condition can
be reassessed and appropriate medical staff are available.
Section 8 Review.
a) The Respondent or other person may petition the Tribal Court for review of any
determination under this section or for a decision regarding the administration of
neuroleptic medications, appointment of a substitute decision-maker, or the Respondent's
capacity to make decisions regarding administration of neuroleptic medications.
Chapter 9
LENGTH OF COMMITMENTS
Section 1. General.
This Chapter applies to civil commitments filed under Chapter 4 and/or Chapter 5 of this
Title.
Section 2. Length of Commitment.
A Civil Commitment petitioned under Chapter 4 of this Title shall be open for no more
than one hundred eighty (180) days from the entry of the Civil Commitment Order, Order for
Stay of Commitment, or Order to Continue Proceedings for Dismissal, unless a Petition for
Extension of Commitment is filed before the expiration of the one hundred eighty (180) day
period.
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Section 3. Petition for Extension of Commitment.
a) On or before one hundred eighty (180) days have passed since the entry of an Order for
Commitment, Order for Stay of Commitment, or Order to Continue Proceedings for
Dismissal, but no earlier than thirty (30) days before end of the commitment proceedings,
the Petitioner may Petition for Extension of the Commitment for a period of time not to
exceed one hundred eighty (180) days.
b) The Petition shall contain the following:
a. The petition requirements described in Chapter 4, Section 1 or Chapter 5, Section
1; and
b. The facts upon which the allegations that the Commitment Order, Order for Stay
of Commitment, or Order to Continue Proceedings for Dismissal are based; and
c. A statement addressing whether alternatives to Extension of Commitment were
considered and why such alternatives were rejected.
c) The Petition for Extension of Commitment shall allow the same procedural process and
protections described in Chapters 1-5 of this Title.
Chapter 10
RELEASE OF RECORDS
Section 1. Court Records Sealed.
a) All records of civil commitment proceedings before the White Earth Tribal Court shall be
sealed and are available only to the following persons:
a. The Respondent;
The Petitioner;
Court Personell;
Treatment providers while they are providing services court ordered through the
civil commitment proceedings;
e. Other persons or agencies by order of the White Earth Tribal Court who have
demonstrated a compelling interest in knowledge of the civil commitment
records.
Section 2. Records of White Earth Behavioral Health.
a) Records of White Earth Behavioral Health are considered private protected records
which cannot be released except under the following circumstances:
a. Records of White Earth Behavioral Health may be released to the White Earth
Tribal Attorney, the Court, the Respondent, the Petitioner, and the
Respondent's attorney upon order of the White Earth Tribal Court for the
purpose of supporting or defending a petition for civil commitment.
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b. Records of White Earth Behavioral Health pertaining to the mental health and
chemical use of the Respondent may be released to treatment providers
currently providing treatment or evaluating whether they are able to provide
treatment upon order of the White Earth Tribal Court for the purpose of
determining appropriate treatment and services for the Respondent.
c. Records of White Earth Behavioral Health may be released to a County
Health and Social Services Agency and the County attorney for the purpose of
supporting a petition for civil commitment upon order of the White Earth
Tribal Court.
Section 3. Records of other health care providers.
a) Records of other health care providers including physician, hospital, emergency room,
psychiatric, and chemical dependency records may be released to White Earth Behavioral
Health, the White Earth Tribal Attorney, and the White Earth Tribal Court upon order of
the White Earth Tribal Court.
b) Records of other health care providers including physicians, hospitals, emergency room,
psychiatric, and chemical dependency records in the possession of the White Earth Tribal
Attorney or White Earth Behavioral Health, may be released by the White Earth Tribal
Attorney or White Earth Behavioral Health to current treatment providers by order of the
White Earth Tribal Court upon a showing that the records are necessary to determine or
effect appropriate treatment for the Respondent.
Records of other health care providers including physician, hospital, emergency room,
psychiatric, and chemical dependency records in the possession of the White Earth Tribal
Attorney or White Earth Behavioral Health may be released by the White Earth Tribal
Attorney or White Earth Behavioral Health to county social service agency or county
attorney by order of the White Earth Tribal Court upon a showing that the records are
necessary for the County to file civil commitment proceedings and that such proceedings
can not be filed in White Earth Tribal Court.
Chapter 11
PETITION FOR RECOMMITMENT
Section 1. Filing for Recommitment.
a) Civil Commitment Petitions filed within 365 days of the dismissal of previous civil
commitment proceedings shall be titled "Petition for Recommitment".
Section 2. Contents of Petition.
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a) A Petition for Recommitment shall contain all of the information is Chapter 4, Section 1
or Chapter 5, Section 1 of this code, and shall also contain the following:
a. History of previous commitments;
Services provided to date;
Progress by the Respondent;
Continued evidence that the Respondent continues to be a danger to themselves or
others or continues to be gravely ill;
An examiner's statement made after an full examination of the Respondent made
within 15 days of the filing of the petition supporting the recommitment;
f. Explanation of the current needs of the Respondent, and
g. Recommendations for services.
Section 3. Procedure.
a) The Tribal Attorney shall file the petition and supporting documents with the court and
shall personally serve a copy on the Respondent. The Respondent's attorney may be
served by mail, facsimile or email.
b) Upon the receipt of the petition, the Court shall follow the Procedures for Commitment as
described in Chapters 3 thru 5 of this title.
c) The Respondent shall retain all rights in proceedings for recommitment as afforded
during the civil commitment process under this code.
Chapter 12
APPEALS
Section 1. Appeals.
a) The Respondent shall have a right to appeal any decision or order issued by the White
Earth Tribal Court to the White Earth Appellate Court.
b) The White Earth Appellate Court shall have exclusive jurisdiction over any appeals made
under this title.
c) Appeals from the Tribal Court's decisions or orders shall be made to the White Earth
Appellate Court pursuant to the White Earth Tribal Appellate Court Rules of Civil
Procedure.
d) The Respondent shall have the right to an expedited hearing. The appeal shall be limited
to a review of the proceedings of the Tribal Court and shall not be a de novo hearing.
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