[Adopted 8-5-1999 by Ord. No. 99-15]
The Menominee Tribal Legislature is empowered
by the Menominee Constitution and Bylaws to enact ordinances for the
preservation of tribal welfare, peace and safety.
The Menominee Tribal Legislature has determined
that individuals responsible for a child's welfare should be held
criminally liable when their acts or failure to act intentionally
contributes to the neglect of a child or places the child in probable
danger of neglect.
In this article, the following words and phrases
have the designated meanings, unless the context of a specific section
manifestly requires a different construction:
A person who has not attained the age of 18 years.
A facility operated and licensed by the Tribe or child welfare
agency under § 48.60, Wis. Stats., for the care and maintenance
of children residing in that facility.
Any facility operated by a person required to be licensed
by the Tribe or by § 48.62(1)(a), Wis. Stats., and that
provides care and maintenance for no more than four children unless
all of the children are siblings.
Any facility operated by a person required to be licensed
by the Tribe or the Wisconsin Department of Children and Families
under § 48.625, Wis. Stats., for the care and maintenance
of five to eight children.[1]
Includes but not limited to negligent treatment, care or
supervision of a child, by a person responsible for the child's welfare,
under circumstances which indicate that the child's health or welfare
is harmed or threatened for reasons other than poverty.
Includes but is not limited to the child's parent; guardian;
foster parent; an employee of a public or private group home, institution
or agency entrusted with the care of a child; or a person employed
by one legally responsible for the child's welfare to exercise temporary
control or care for the child or other person entrusted with the care
of the child.
Refers to social service entities responsible for the licensing
and supervision of group homes, child caring institutions, and day-care
facilities licensed by the Tribe or under § 48.65, Wis.
Stats., providing care and supervision of children for less than 24
hours a day.
A nonsecure place of temporary care and physical custody
for children, including a holdover room, licensed by the Tribe or
the Wisconsin Department of Children and Families under § 48.66(1),
Wis. Stats.[2]
Any facility that is operated by a person required to be
licensed by the Tribe or § 48.62(1)(b), Wis. Stats., that
is operated under the supervision of the Wisconsin Department of Children
and Families, a county department, a licensed child welfare agency
or the Menominee Department of Social Services and that provides to
no more than four children care, maintenance and structured, professional
treatment by trained individuals, including the treatment foster parents.[3]
Any person who is responsible for a child's
welfare who, through his actions or failure to take action, intentionally
contributes to the neglect of the child is guilty of a crime punishable
pursuant to Subsection A or B; if the death of a child occurs through
neglect and guilt is found, the crime is punishable pursuant to Subsection
C:
A.
A fine of not less than $250 nor more than $1,000
or a jail term not to exceed six months, or both.
B.
The Court may, in its discretion, stay any part of
a jail term or fine to a period of probation not exceeding one year.
C.
A fine of not less than $1,000 nor more than $5,000
or a jail term not to exceed one year, or both.
