On many occasions, Cheboygan County
Probate and Family Court Judge Robert J. Butts has had personal experience with
the cooperative spirit that exits between his county, the Michigan Department
of Health and Human Services (DHHS), and Michigan’s tribal community.
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| From left to right:
Cheboygan County Probate Register Patricia Hansen, Judge Robert John Butts, and DHHS Children’s Services Specialist Katelyn Engler |
The three teenage children involved were
in the home of their aged grandparents/guardians who were the named
respondents. The biological parents are currently incarcerated for an extended
period of time. The MDHHS and the Tribe all worked diligently in finding the
best possible foster and residential placements tailored to fit the specific
needs of each child.
“The prime benefits of working together
are the services that we can all assist each other with,” explained Judge
Butts. “In this case that I am referring to, the Tribe was able to help us out
financially as well. They were able to help by providing substance abuse services
for a member in their Tribe, where it was not clear that we would be able to do
so.”
In addition to the Tribe providing help
and funding to assist this family, they also arranged an expanded communication
system to allow for the multiple parties in the matter to participate in the proceedings.
Judge Butts says that the key in neglect
and abuse cases is to have everyone who is important to the family included in
the resolution.
“We want to have not only mom and dad,
but grandma and grandpa, friends of the family and the Tribe involved and
present,” Judge Butts remarked. “Not
only do we have a group of people on the phone but we have a courtroom full of
people too, who are interested in these kids and hoping to change their
behavior and provide them a stable home. The tribal attorney and/or tribal social
workers attended and participated in all hearings.”
Collectively, all three entities—the
Tribe, DHHS, and the Court—examined what services were needed to provide for
the welfare of the family. Through active communication and cooperation, they
were able to work together with their available resources to achieve the common
goal.
Although the different entities have
been able to succeed, working in partnership is still an ongoing effort. While
there was no direct contact in this case, the judges set the tone for tribal and
state court relations, according to Judge Butts.
“The Indian Child Welfare Act was passed
many years ago but as far as courts being aware of its requirements, that has
been a long slow process,” Judge Butts said. “I would say that the State Court
Administrative Office’s improvement program that created the Tribal Relations
Committee is what really started the training. The creation of various information
guides for the courts and ultimately the changing in the court rules and the
passing of the Michigan Indian Family Preservation Act, has all contributed to
success over the years.”
Cheboygan County Probate Register
Patricia Hansen, who works closely with Judge Butts, says the interaction among
the state and tribes is fundamental.
“I think that the courts, something in
the last 10 years or so, have really realized what the tribes could offer us,”
she shared. “Through partnership, as everything has evolved, the ties have
grown stronger to where we are relying on one another. Together, we are able to
fill in certain service gaps with the variety of services that the DHHS, state
courts, and tribes are able to provide.”
Judge Butts remarked, “To me, it’s a
focus on not necessarily the judge communicating with the judge, but the
cooperation between the Tribe and DHHS, which that is what is going to resolve
cases and help the families involved. Two key things for success are notice and
active efforts. You need to notify the Tribe and from day one, and you need to
be looking at active efforts. The direct communication between the DHHS worker
and tribal services workers was the key to successful services and complying
with the active efforts requirement.”
Judge Butts is proud to be involved with
a working network of support among both courts and encourages them to work
together to continue the positive impacts on their communities and local
families.