Tribal Government of Menominee Indian Tribe of WI
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2022-10-20
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Part II: General Legislation
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Chapter 278 Children's Code
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Article XIII Special Considerations
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 7 Accounting System
- Ch 12 Administrative Procedures
- Ch 15 Arbitration
- Ch 18 Businesses
- Ch 21 Commercial Code, Uniform
- Ch 22 Tribal Consumer Financial Services Regulation
- Ch 23 Contest Pow-Wow Board
- Ch 25 Contracts
- Ch 44 Debt Collection
- Ch 46 Descendant Register
- Ch 50 Dispute Resolution
- Ch 56 Education, Board of
- Ch 63 Elections
- Ch 69 Enrollment
- Ch 77 Ethics
- Ch 80 Exclusion and Removal
- Ch 81 Executive Pardons
- Ch 90 Gaming Authorities
- Ch 98 Government Plan
- Ch 111 Investment Plan
- Ch 120 Judiciary
- Ch 121 Jurisdiction, Tribal
- Ch 124 (Reserved)
- Ch 132 Law Enforcement
- Ch 138 Leases and Mortgages
- Ch 151 Meetings
- Ch 170 Personnel
- Ch 177 Posting Procedures
- Ch 180 Restricted Fund - Clinic Operations
- Ch 196 State of Emergency, Declaration of
- Ch 200 Taxation
- Ch 210 Tribal Utilities, Department of
- Part II: General Legislation
- Ch 250 Alcoholic Beverages
- Ch 255 Animals
- Ch 268 Boating and Rafting
- Ch 270 Carbon Credits
- Ch 275 Camping
- Ch 278 Children's Code
- Ch 278 Art XIII Special Considerations
- § 278-190 Purpose.
- § 278-191 Rebuttable presumption.
- § 278-192 Findings.
- Ch 281 Cigarettes and Tobacco Products
- Ch 285 Civil Disorderly Conduct
- Ch 287 Conservation Code
- Ch 290 Criminal Code
- Ch 293 Cultural Resource Management Plan
- Ch 306 Drugs and Drug Paraphernalia
- Ch 307 Industrial Hemp
- Ch 310 Invasive Species Prevention and Forest Health Protection
- Ch 321 Firearms
- Ch 325 Fire Prevention
- Ch 329 Fireworks
- Ch 335 Food Handling
- Ch 340 Forest Management and Development
- Ch 347 Gaming
- Ch 352 Grandparents Visitation Rights
- Ch 354 Gravel, Sand and Fill Removal
- Ch 361 Hazardous Materials
- Ch 368 Health and Family
- Ch 374 Hotels and Restaurants
- Ch 395 Language and Culture Code
- Ch 402 Library
- Ch 409 Marriage
- Ch 415 Mining
- Ch 420 Professional Boxing and Mixed Martial Arts
- Ch 429 Noise
- Ch 436 Occupational Safety and Health
- Ch 444 Parks and Recreation
- Ch 450 Probate
- Ch 451 Transfer of Interest in Trust Land Upon Death
- Ch 458 Property Address Numbering and Road Naming
- Ch 465 Recycling
- Ch 480 Rental Housing and Eviction Code
- Ch 483 Seasonal Permits
- Ch 490 Settlement
- Ch 495 Sewers and Sewage Disposal
- Ch 504 Solid Waste
- Ch 510 Stalking
- Ch 512 Surface Water
- Ch 523 Trespassing
- Ch 525 Tribal Lands
- Ch 526 Tribal Leaders
- Ch 529 Turkey Regulations
- Ch 535 Victim Rights
- Ch 546 Vehicles and Mobile Homes, Junked
- Ch 550 Vehicles and Traffic
- Ch 562 Water
- Part III: Land Use Legislation
- Ch 594 Kenosha Trust Lands
- Ch 600 Land Use and Natural Resource Plan
- Ch 610 Land Use Assignments
- Ch 615 Land Transfer Agent
- Ch 625 Zoning
- Part IV: Charters
- Ch 630 Auto Service Center
- Ch 637 College of the Menominee Nation
- Ch 641 Community Development Corporation
- Ch 650 Economic Affairs, Commission on
- Ch 652 Economic Development Authority
- Ch 656 Fuel Station
- Ch 660 Gaming Authorities
- Ch 663 Gaming Council Corporation
- Ch 667 Gaming Venture Corporation
- Ch 688 Menominee Business Venture
- Ch 690 Menominee Payment Processing Company
- Ch 692 Menominee Tribal Enterprises
- Ch 704 Pharmaceuticals
- Ch 715 Supermarket
- Ch 723 Tribal Housing Limited Partnership
- Ch 725 Tribal Housing Limited Partnership No. 2
- Ch 727 Tribal Housing Limited Partnership No. 3
- Ch 729 Tribal Housing Limited Partnership No. 4
- Ch 730 Tribal Housing Limited Partnership No. 5
- Ch 731 Tribal Housing Limited Partnership No. 6
- Ch 740 Wolf River Development Company
- Appendix
- Ch A900 Detention Facility Policies and Procedures
- Ch A910 Menominee Enterprises Plan
- Disposition List
- Ch DL Disposition List
The purpose of this article is to protect children from sex
offenders by presuming that it is not in the best interest of a child
to be placed in a custodial, residential or unsupervised visitation
arrangement with a sex offender where the sex offender's victim was
a minor.
A.
Rebuttable presumption against unsupervised visitation, custody or
residence of a child to a sex offender. Notwithstanding other provisions
of this chapter, there shall be a rebuttable presumption that no sex
offender shall be awarded sole or joint custody of any child, that
no child shall primarily reside with a sex offender, and that no sex
offender shall have unsupervised visitation with a child.
B.
The above presumptions may be overcome if:
(1)
There is not a criminal sentencing order prohibiting the same;
and
(2)
There have been no further convictions for sexual offenses or
criminal acts of violence; and
(3)
The sex offender is in compliance with the terms of probation,
if applicable; and
(4)
The sex offender has successfully completed an intensive program
of evaluation and counseling designed specifically for sex offenders
and conducted by a public or private agency or a certified mental
health professional, and as a result of such does not pose a risk
to children; and
(5)
The sex offender has successfully completed a program of substance
abuse counseling if the Court determines such counseling is appropriate;
and
(6)
The best interest of the child would be served by giving residential
or custodial responsibilities for the child or visitation with the
child to the sex offender.
Should the Court grant custody, residential responsibilities
or visitation to a sex offender under this chapter, the Court shall
make specific written findings in support of its decision, including
any limitations or requirements for further counseling, services or
other safeguards necessary to ensure the safety and best interest
of the child continue to be served.
