This guide presents how American Indian/Native American children can be protected by Indian tribes in a manner that achieves the goal of preserving the sacredness of children while assuring due process protections for those accused of committing crimes against children.
“The Tribal Legal Code Resource: Crimes against Children, Guide for Drafting or Revising Tribal Laws on Crimes against Children” (The Guide) is the best resource yet on how Indian children can be protected by Indian tribes in a manner that achieves the goal of protecting the sacredness of children while assuring due process protections for those accused of committing crimes against children. It is a process that tribal governments and their members can use to achieve the goal of enacting a culturally appropriate criminal code that both assures the sacredness of Indian children and complements federal and state prosecutions of serious crimes against Indian children. The Guide attempts to incorporate federal and state law, where appropriate, but ultimately strives for the tribal voice to protect children. This Guide includes examples from a variety of existing tribal codes and exercises that are designed to help tribal community members determine the best code options for their community. The examples may not be appropriate for every community. Consider all the options and related issues before making final decisions. To help you consider various options, this Guide also includes issue considerations in the form of flowsheets found at the beginning of each part and space for users to record their answers to the exercises provided throughout the Guide in the form of worksheets at the end of a chapter or part. The main goal of this Guide is to offer suggestions on how tribal laws can be drafted. The Guide provides information and group exercises to help establish a team composed of multidisciplinary representatives who will work through the exercises.