Section YAE.01.01 — Council Findings

(a) Recognizing that there is no resource that is more vital to the continued existence and integrity of the Stockbridge-Munsee Community Band of Mohican Indians than its children, the Stockbridge-Munsee Tribal Council finds:

(1) That Art. VII, Sec. 1 (f) of the Stockbridge-Munsee Community Constitution and By-Laws (approved 11-18-37) which states, in part: "To promulgate and enforce ordinances, subject to the approval of the Secretary of the Interior, governing the conduct of members of the Community; ...and establishing proper agencies for law enforcement of the Community; ..." authorizes the creation of a Children's Court; and

(2) That Indian families are often broken up by the unwarranted removal of their children from them by non-tribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and

(3) That the States exercising jurisdiction over Indian child custody proceedings have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families; and

(4) That the Stockbridge-Munsee Community needs a recognized Children's Court system to insure that off-reservation courts will be willing to return children of the Tribe to the Stockbridge-Munsee Community for care and guidance; and

(5) That the children of the Stockbridge-Munsee Community must receive, preferably in their own homes, the care and guidance needed to prepare them to take their places as adult members of the Stockbridge-Munsee Community; and

(6) That the Stockbridge-Munsee Community has a direct interest in protecting Indian children who reside or are domiciled on the Stockbridge-Munsee Reservation irrespective of blood quantum; and

(7) That the Stockbridge-Munsee Community, must protect and preserve the essential tribal relations and cultural heritage of its children consistent with the best interests of the children: and

(8) That the appropriate means of addressing these concerns is through the passage of a child welfare ordinance under the title Stockbridge-Munsee Tribal Law, Youth Code.