A. 
The Court may appoint guardians for a child and/or property of children under the Court's jurisdiction who have no guardian legally appointed or where there is such instability within the home that an appointment of a guardian would be in the child's best interest.
B. 
Such appointment may be made on the petition of a relative or other person on behalf of the child, by a petition of the child if at least 14 years of age or by the Department due to the child being a child or juvenile in need of protection and services.
C. 
Before making such appointment, the Court must give notice to the parent(s), guardian(s) or caretaker(s) of the child, at least 10 business days before hearing the petition.
D. 
If a child is under the age of 14 years, the Court may nominate his or her guardian.
E. 
If the child is 14 years of age or older, the child may nominate his/her own guardian who, if approved by the Court, must be appointed accordingly. If the guardian nominated by the child is not approved by the Court, or if, after being duly cited by the Court, the child neglects for 10 days to nominate a suitable person, the Court may nominate the guardian in the same manner as if the child were under the age of 14 years.
F. 
When a guardian has been appointed by the Court for a child under the age of 14 years, the child, at any time after he or she attains that age, may nominate his/her own guardian, subject to approval of the Court.
G. 
A guardian appointed will have physical custody of the child, authority over the education of the child, the authority to consent to the medical care and treatment of the child and the care and management of the child's property until such child arrives at the age of 18, marries, is emancipated by the Court, or until the guardian is legally discharged.
H. 
The guardian shall not have the authority, without express written consent of the Court, to dispose of any real or personal property of the child in any manner, including, but not limited to, the child's individual money account or trust account, other than Tribal Trust Account funds. For Tribal Trust Account funds, the guardian does not have the authority to access such funds unless an application has been made and approved by the Department.
The types of guardianship shall include temporary or permanent guardianship of the child and/or guardianship of property and subsidized guardianship.
The Court may appoint a guardian of the property of a child under such terms and conditions as the Court sets forth in the written order. The guardianship may cover all property until the child reaches 18 years of age or it may be limited to only specific property or a specific legal action as set forth in the written order. A temporary or permanent guardianship of the person may also include guardianship of the child's property if set forth in the written order.
A. 
The Court may appoint a permanent guardian for the child under such terms and conditions as the Court sets forth in the written order. Permanent guardianship provides for permanent custody of a child to someone other than the parent(s), although there is no suspension or termination of the parental rights of the parents.
B. 
There shall be a presumption of continued permanent guardianship in order to provide stability for the child. The parent(s) and the child's extended family shall be granted liberal visitation rights unless deemed inappropriate by the Court.
The Court may appoint a temporary guardian under such terms and conditions as the Court sets forth in the written order. A temporary guardianship may be terminated if the Court determines that is in the best interests of the child to change custody from the temporary guardian to a new guardian or to return the child to the parent, guardian or caretaker. The parent(s) and the child's extended family shall be granted liberal visitation rights unless deemed inappropriate by the Court.
A. 
The petition shall be initiated either by the Department, a proposed guardian or by the child if at least 14 years of age.
B. 
A guardianship petition under this article may not be filed independent of an Article II, Child In Need of Protection and Services Proceedings, action ("CHIPS action") filed under this chapter if the children are already under the jurisdiction of the Court through a CHIPS action unless the guardianship is filed by the Tribe or Department as part of disposition or permanence related to that CHIPS action.
A. 
The petition for guardianship shall include the following, to the best information and belief of the petitioner:
(1) 
The full name, address and tribal affiliation of the petitioner;
(2) 
The full name, gender, date and place of birth, residence and tribal affiliation of the proposed ward;
(3) 
The basis for the Court's jurisdiction;
(4) 
The relationship of the proposed guardian to the proposed ward;
(5) 
The name and address of the person or agency having legal or temporary custody of the proposed ward;
(6) 
The type of guardianship requested;
(7) 
A full description and statement of value of all property owned, possessed, or in which the proposed ward has an interest (if guardianship of property is requested).
B. 
All petitions must be signed and dated by the petitioners, and either witnessed by a Clerk of Court or notarized.
C. 
Service of the guardian petition shall be personally served on the child's parent(s), current guardian(s), or caretaker(s) and guardian ad litem or legal counsel involved in a CHIPS action;
D. 
Notice shall be served via first class and certified mail, return receipt requested for any person that parties or the Court deem necessary for proper adjudication;
E. 
If any current party's address is unknown, the petition shall be published in a regularly published newspaper of the last known area the party resided in.
F. 
Service shall be made by any person over the age of 18 who is not a party to the proceedings.
A. 
Upon the filing of a guardianship petition, the Court shall immediately request that the Department or other qualified agency conduct a guardianship report on the proposed guardian and report on the proposed ward. The guardianship report shall contain all pertinent information necessary to assist the Court in determining the best interests of the proposed ward.
B. 
No determination can be made on a petition for guardianship until the report has been completed and submitted to and considered by the Court. The guardianship report shall be submitted to the Court no later than 10 days before the hearing. The Court may order additional reports as it deems necessary.
A. 
All hearings shall be closed. Only persons found to have a direct interest in the case or in the work of the Court shall be admitted. The contents of the hearing shall not be disclosed except for as needed if the guardianship was filed as part of disposition or permanence orders of a CHIPS action filed under this chapter. The Court may require the presence of any party and witness it deems necessary to the disposition of the petition, except for a parent(s) who has executed a valid waiver.
B. 
An initial hearing shall be scheduled within 30 days of the filing of the petition to determine whether any party contests the petition, to inform the parties of their rights and will proceed as follows:
(1) 
If the petition is contested, the Court shall set a date for a fact-finding hearing to be held within 45 days after the hearing on the petition, unless the parties choose to commence with the hearing on the merits immediately.
(2) 
If the petition is not contested, the Court shall hear testimony in support of the petition, including testimony as required.
(3) 
Any party who is necessary to the proceeding, or whose rights may be affected by ordering a guardianship, shall be granted a bench trial upon request, if the request is made before the end of the initial hearing.
(4) 
Any nonpetitioning party, including the child, shall be granted a continuance of the hearing to consult with an attorney on the request for a bench trial or concerning a request for the substitution of a judge.
(5) 
Before accepting an admission of the alleged facts in the petition the Court shall:
(a) 
Address the parties present and determine that the admission is made voluntarily, with understanding of the nature of the acts alleged in the petition and the potential dispositions; and
(b) 
Establish whether any promises or threats were made to elicit an admission and alert unrepresented parties to the possibility that a lawyer may discover defenses or mitigating circumstances which would not be apparent to them; and
(c) 
Make such inquiries as to satisfactorily establish that there is a factual basis for the admission.
C. 
Fact-finding hearings. If the guardianship is contested, a fact-finding hearing shall be conducted as follows:
(1) 
Hearings on petitions shall be conducted by the Court separate from other proceedings. The proceedings shall be recorded. The Court shall advise the parties of their basic rights pursuant to this article.
(2) 
All hearings shall be closed to the general public. Only the parties, their legal counsel, witnesses and other persons requested by a party and approved by the Court may be present at a closed hearing, and on the condition that they respect the confidentiality of the proceedings.
(3) 
Those persons or parties who intentionally divulge information in violation of Subsection B of this section shall be guilty of an offense. Persons found guilty of violating the provisions of this section shall be subject to pay a civil fine not to exceed $500.
(4) 
The Court after hearing all of the evidence shall make and record its findings on whether or not:
(a) 
Grounds exist for the guardianship to be granted; and
(b) 
Whether reliable or credible information showing that continued custody of the Indian child by the Indian child's parent or Indian caretaker is likely to result in serious emotional or physical damage to the Indian child, or the parent(s) is unavailable, unwilling or unable to properly care for the ward.
(5) 
If the facts are determined by a judge that a guardianship should be granted, the Court shall decide what disposition is in the best interest of the child.
(6) 
If grounds for a guardianship are found by the Court, the Court shall then proceed immediately to hear evidence and motions related to disposition. The Court may delay making the disposition and set a date for a dispositional hearing no later than 45 days after the fact-finding hearing if any of the following apply:
(a) 
All the parties to the proceeding agree.
(b) 
The Court has not yet received a report to the Court on the history of the child and the Court now orders an agency to file that report with the Court, or the Court now orders that agency or requests the tribal child welfare department of the Indian child's tribe to file such a report before the Court makes the disposition on the petition.
(7) 
If the disposition is delayed, and the Court has determined that the proposed guardian is not suitable, the Court shall require that a petition proposing a different suitable guardian be filed within 30 days.
D. 
Dispositional hearing:
(1) 
If the Court finds that the guardianship should be granted, the Court may enter a determination and order appointing a guardian that specifies any powers of the guardian that require Court approval.
(2) 
Where the Court does not order a guardianship, it shall dismiss the petition, unless the Court finds that in the best interests of the child it is necessary to issue an order for the petitioner to file other appropriate pleadings.
(3) 
All dispositional orders shall be conclusive and binding on all persons from the date of entry.
A. 
In the event that any guardian shall receive any money or funds of any child during his or her term as guardian, before taking and receiving into custody such money or funds, the Court must require of such person a bond with sufficient surety to be approved by the Court and in such sum as he or she shall order, conditioned that the guardian will faithfully execute the duties of his or her trust, and the following conditions shall form the part of such bond without being expressed therein:
(1) 
To make an inventory of all the estate of the ward that comes into his or her possession or knowledge and to return the same within such time as the Court may order; and
(2) 
To dispose of and manage the estate according to laws and for the best interests of the ward, and faithfully to discharge his or her trust in relation thereto, and also in relation to the care, custody and education of the ward; and
(3) 
To render an account on oath of property, estate and money of the ward in his or her hands and all the proceeds or interests derived therefor, and of the management and disposition of the same, within three months after the appointment, and at such other times as the Court directs, and at the expiration of the trust, to settle all accounts with the Court or judge or with the ward if he or she be of full age, or the legal representative, and to pay over and deliver all the estate, monies and effects remaining in his or her hands, or due on such settlement to the person who is legally entitled thereto.
B. 
The funds of any child must be used by his or her guardian solely for the support and education of such child and for the support of such incompetent, and shall be expended by the guardian in a reasonable manner according to the circumstances of such ward, and in such manner as can reasonably be afforded according to the income and estate of said ward.
C. 
If determined to be appropriate by the Court, the written order may set forth that the child's property may not be used for the child's care, but rather to be managed for the child until the child reaches the age of 18 or is emancipated by the Court.
A guardian may file for a resignation as guardian if the guardian is no longer willing or capable of caring for the ward. The guardian shall not be discharged until the Court finds that the guardian has completed all required duties, filed any required documents, and a successor guardian is appointed if needed, and the Court issues an order of discharge of the guardian.
A. 
The basis for termination of guardianship is as follows:
(1) 
The ward changed residence to another jurisdiction and a new guardian was appointed in that jurisdiction;
(2) 
The formerly minor ward attained the age of 18;
(3) 
The minor ward has married;
(4) 
A parent of the ward is suitable and willing to act as guardian for the minor and termination of the guardianship is in the best interest of the minor except for guardianships entered as part of a child in need of protection and services disposition or permanency plan shall also require the terms of the disposition be met;
(5) 
The ward is deceased;
(6) 
The ward was adopted and termination of the guardianship is in the best interest of the minor; or
(7) 
The Court finds that termination of the guardianship is necessary and in the best interest of the ward based on other circumstances.
A. 
Subsidized guardianships shall not be ordered unless either a written funding agreement executed with an outside jurisdiction or tribal funding plan has been approved by the Menominee Tribal Legislature.
B. 
Eligibility. Under this subsection a monthly subsidized guardianship payment to a guardian of a child based on the circumstances of the guardian and the needs of the child shall be provided. A guardian of a child is eligible for monthly subsidized guardianship payments under this subsection under the following conditions:
(1) 
The child meets all of the following conditions:
(a) 
The child has been removed from his or her home under a voluntary agreement or under a Court order containing a finding that continued placement of the child in his or her home would be contrary to the welfare of the child;
(b) 
The child has been residing in the home of the guardian for not less than six consecutive months;
(c) 
The child's situation precludes return of the child to his or her home or adoption as appropriate permanency options for the child;
(d) 
The child demonstrates a strong attachment to the guardian; and
(e) 
If the child is 14 years of age or over, the child has been consulted with regarding the guardianship arrangement.
(2) 
The guardian meets the following conditions:
(a) 
Is a relative, or like kin, of the child;
(b) 
A person who has a significant emotional relationship with the child or the child's family and who, prior to the child's placement in out-of-home care, had an existing relationship with the child or the child's family that is similar to a familial relationship;
(c) 
Subject to the rules promulgated by the Department, a person who has a significant emotional relationship with the child or the child's family and who, during the child's placement in out-of-home care, developed a relationship with the child or the child's family that is similar to a familial relationship;
(d) 
The guardian has a strong commitment to caring permanently for the child;
(e) 
The guardian is licensed as the child's foster parent and the guardian and all adults residing in the guardian's home meet the requirements for licensing; and
(f) 
Prior to being named as the guardian of the child, the guardian entered into a subsidized guardianship agreement with the Department.
(3) 
An order placing the child, or continuing the placement of the child, outside of the child's home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services have been dismissed.
(4) 
If the Department knows or has reason to know that the child is a non-Menominee Indian child, the Indian child's parent, Indian custodian, and tribe have been provided with notice of the child's placement in the home of the guardian and the Court has found that the home of the guardian is in compliance with the order of placement preference unless the Court found good cause for departing from that order.
C. 
Duration of eligibility. Subsidized guardianship payments may be continued after the child attains 18 years of age if any of the following applies:
(1) 
The child is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age;
(2) 
The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, has a mental or physical disability that warrants the continuation of those payments as determined by the Department, is not eligible for social security disability insurance and otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent; or
(3) 
The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program is in effect for the child, and the subsidized guardianship agreement for the child became effective on or after the date on which the child attained 16 years of age.
D. 
Subsidized guardianship agreement. Before the Department may approve the provision of subsidized guardianship payments to a proposed guardian, the Department shall negotiate and enter into a written, a binding subsidized guardianship agreement with the proposed guardian and provide the proposed guardian with a copy of the agreement. A subsidized guardianship agreement or an amended subsidized guardianship agreement may also name a prospective successor guardian of the child to assume the duty and authority of guardianship on the death or incapacity of the guardian. A successor guardian is eligible for monthly subsidized guardianship payments under this section only if the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian, the conditions specified for a successor guardian are met, and the Court appoints the successor guardian to assume the duty and authority of guardianship as provided.
(1) 
A subsidized guardianship agreement shall specify all of the following:
(a) 
The amount of the monthly subsidized guardianship payments that will be provided under the agreement and the manner in which those payments may be adjusted periodically, in consultation with the guardian, based on the circumstances of the guardian and the needs of the child.
(b) 
Any additional services and assistance for which the child or guardian will be eligible under the agreement, a description of those additional services and that additional assistance, and the procedures by which the guardian may apply for those additional services and that additional assistance.
(c) 
Who will pay the total cost of the nonrecurring expenses that are associated with obtaining guardianship of the child, not to exceed $2,000.
(d) 
That the agreement shall remain in effect without regard to the state of residence of the guardian.
(e) 
That, in determining eligibility for adoption assistance for the care of the child, the placement of the child in the home of the guardian and any payments made shall be considered never to have been made.
E. 
Payments.
(1) 
The Department shall determine the initial amount of a monthly payment for the care of a child based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under foster care by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted.
(2) 
If a person who is receiving monthly subsidized guardianship payments under an agreement believes that there has been a substantial change in circumstances, as defined by the Department by promulgated rule, he or she may request that the agreement be amended to increase the amount of those payments. If a request is received, the Department shall determine whether there has been a substantial change in circumstances and whether there has been a substantiated report of abuse or neglect of the child by the person receiving those payments. If there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by that person, the Department shall offer to increase the amount of those payments based on criteria established by the Department promulgated rules. If an increased monthly subsidized guardianship payment is agreed to by the person receiving those payments, the Department shall amend the agreement in writing to specify the increased amount of those payments.
(3) 
Annually, the Department shall review an agreement that has been amended to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the Department shall offer to decrease the amount of the monthly subsidized guardianship payments provided based on criteria established by the Department. If the decreased amount of those payments is agreed to by the person receiving those payments, the Department shall amend the agreement in writing to specify the decreased amount of those payments. If the decreased amount of those payments is not agreed to by the person receiving those payments, that person may appeal the decision of the Department regarding the decrease.
(4) 
A department may propose to a person receiving monthly subsidized guardianship payments that the agreement be amended to adjust the amount of those payments. If an adjustment in the amount of those payments is agreed to by the person receiving those payments, the agreement shall be amended in writing to specify the adjusted amount of those payments.
(5) 
An agreement may be amended more than once.
(6) 
The Department may recover an overpayment made from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person's monthly payment. The Department may by rule specify other methods for recovering those overpayments.
(7) 
Annual review. The Department shall review a placement of a child for which the Department makes payments not less than every 12 months after the Department begins making those payments to determine whether the child and the guardian remain eligible for those payments. If the child or the guardian is no longer eligible for those payments, the Department shall discontinue making those payments.
(8) 
Appeal.
(a) 
Any person whose application for payments is not acted on promptly or is denied on the grounds that a condition has not been met and any person whose payments are decreased or discontinued may petition the Department for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.
(b) 
Upon receipt of a timely petition, the Department shall give the applicant or recipient reasonable notice and an opportunity for a review of the appeal. The Department may make such additional investigation as it considers necessary. Notice of the review hearing shall be given to the applicant or recipient and to the Department whose action or failure to act is the subject of the petition. The Department may be represented at the hearing. The Department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the Department whose action or failure to act is the subject of the petition. The decision of the Department shall have the same effect as an order of the Department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require.
(c) 
The Department shall deny a petition for review or shall refuse to grant relief if any of the following applies:
[1] 
The petitioner withdraws the petition in writing;
[2] 
The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in rule or law; or
[3] 
The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the Department.
(d) 
If a recipient requests a hearing within 10 days after the date of notice that his or her payments are being decreased or discontinued, those payments may not be decreased or discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the Department if the contested action or failure to act is upheld. The Department shall promptly notify the department whose action is the subject of the hearing that the recipient has requested a hearing. Payments shall be decreased or discontinued if the recipient is contesting a rule or law or a change in rule or law and not the determination of the payment made on the recipient's behalf.
(e) 
The recipient shall be promptly informed in writing if his or her payments are to be decreased or discontinued pending the hearing decision.
F. 
Interim caretaker; successor guardian.
(1) 
On the death, incapacity, resignation, or removal of a guardian receiving payments, the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified for a period of up to 12 months to an interim caretaker if all of the following conditions are met:
(a) 
The department inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined;
(b) 
The Department conducts a background investigation of the interim caretaker and any other resident, of the home of the interim caretaker and determines that those individuals meet the specified requirements;
(c) 
The interim caretaker cooperates with the Department in finding a permanent placement for the child; and
(d) 
If the Department knows or has reason to know that the child is an non-Menominee Indian child, the Department shall provide notice of the Indian child's placement in the home of the interim caretaker to the Indian child's parent, Indian custodian, and tribe and determines that the home of the interim caretaker complies with the order of placement preference, unless the Department finds good cause, for departing from that order.
(e) 
If any of the above conditions are no longer being fulfilled by the interim caretaker or successor guardian, the Department has the authority to stop payments.
(2) 
On the death or incapacity of a guardian receiving payments, the Department providing those payments shall provide monthly subsidized guardianship payments to a person named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian if all of the following conditions are met and the Court appoints the person as successor guardian to assume the duty and authority of guardianship as provided below:
(a) 
The Department determines that the child, if 14 years of age or over, has been consulted with regarding the successor guardianship arrangement;
(b) 
The Department determines that the person has a strong commitment to caring permanently for the child;
(c) 
The Department inspects the home of the person, interviews the person, and determines that placement of the child with the person is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined;
(d) 
Prior to being appointed as successor guardian to assume the duty and authority of guardianship, the person enters into a subsidized guardianship agreement with the Department;
(e) 
Prior to the person entering into the subsidized guardianship agreement, the Department conducts a background investigation of the person, and any other resident of the home of the person, and determines that those individuals meet the requirements specified;
(f) 
Any order placing the child, or continuing the placement of the child, outside of the child's home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services has been dismissed; and
(g) 
If the Department knows or has reason to know that the child is an non-Menominee Indian child, the Department provides notice of the Indian child's placement in the home of the person to the Indian child's parent, Indian custodian, and tribe and determines that the home of the person complies with the order of placement preference, unless the Department finds good cause for departing from that order.
G. 
Rules. The Department shall promulgate rules to implement this section. Those rules shall include all of the following:
(1) 
A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments may request that an agreement made be amended to increase the amount of those payments.
(2) 
Rules establishing requirements for submitting a request and criteria for determining the amount of the increase in monthly subsidized guardianship payments that the Department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the person receiving those payments.
(3) 
Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the Department shall offer if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the Department may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child.
(4) 
Rules governing the provision of subsidized guardianship payments for the care of a child after the child attains 18 years of age.
(5) 
Rules establishing the conditions that must be met in order for a person to be eligible for monthly subsidized guardianship payments.
(6) 
Rules governing the payment of monthly subsidized guardianship payments to a successor guardian of a child.