Section YAE.01.02 — Purpose And Construction

(a) Council Declaration of Purpose: This Code shall be interpreted and understood to accomplish the following tribal objectives:

(1) To insure that the young Indian people of the Stockbridge-Munsee Community receive assistance and guidance in their own homes, whenever possible, separating the youth from his or her parent only when necessary for his or her welfare;

(2) To protect and preserve the identity and pride of the young Indian people of the Stockbridge-Munsee Community as American Indians;

(3) To provide a simple procedure for addressing and resolving conflicts involving Indian youth that is reflective of tribal traditions as well as the prevailing community standards, and which affords all affected persons a fair and impartial hearing, consistent with individual rights;

(4) To insure that off-reservation courts will be willing and able to return young people of the Tribe to the Stockbridge-Munsee Community for care and guidance;

(5) To insure the continued existence of the Tribe by protecting against the unwarranted removal of Indian children from their families;

(6) To establish a Youth Court that shall protect the child's interest by choosing a course of action that least restricts the child's freedom and best promotes the child's health, safety, welfare and tribal identity consistent with the interests of the Stockbridge-Munsee Community;

(7) In situations where it is not possible to maintain family unity, to find the next best alternative, mindful of the child's tribal heritage and cultural background, as well as other special needs;

(8) To insure the care, protection, and wholesome mental and physical development of all Indian children of the Stockbridge-Munsee Community;

(9) To respond to children's needs for care and treatment through community based programs;

(10) To provide the children with and assure the availability of preventive services, accountable case planning, and other social services designed to preserve and/or reunify families;

(11) To insure that the sovereignty of the Stockbridge-Munsee Tribe is recognized in all matters affecting the welfare of the young people of the Stockbridge-Munsee Community.

(b) Construction: This Code is exempted from the rule of strict construction. It shall be read and understood in a manner that gives full effect to the purposes for which it is enacted.

(c) Applicable Law: Whenever there is uncertainty or a question as to the interpretation of certain provisions of this Code, tribal law or custom shall be controlling and where appropriate, may be based on the written or oral testimony of a qualified elder, historian, or other representative.

(d) Crimes Committed by Juveniles: Delinquent acts committed by any Indian youth shall be disposed of as provided by Stockbridge-Munsee Tribal Law, except as otherwise may be provided.