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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Juvenile Code

Chapter 1. General Provisions

§ 101. Juvenile Court Established

§ 102. Officers of the Court

§ 103. Jurisdiction

§ 104. Jurisdiction Over Extended Family

§ 105. Continuing Jurisdiction

§ 106. Extended Family Defined

§ 107. Transfers from State Court or Other Tribal Court

§ 108. Full Faith and Credit

§ 109. Child Welfare Transfers to Tribal or State Court

§ 110. Notice of Legal Rights

§ 111. Absentee Shawnee Tribal Prosecutor Duties

§ 112. Jury Trials

§ 113. Procedure

§ 114. Hearings

§ 115. Mileage and Witness Fees

§ 116. Penalties

§ 117. Social Study and Other Reports

§ 118. Effect of Proceedings

§ 119. Inspection of Court Records

§ 120. Law Enforcement Records

§ 121. Indian Child Welfare--Records

§ 122. Identity Confidential

§ 123. Search Warrants or Pick-up Orders for the Protection of Children

§ 124. Issuance of Search Warrants or Pick-up Orders

§ 125. Expiration of Search Warrants/Pick-up Orders

§ 126. Appeals

AST JUVENILE Code § 101
§ 101. Juvenile Court Established

There is hereby created and established within the Tribal Court, a Juvenile Division whose powers and duties are set forth in this Title. A District Court Judge shall be appointed to preside over Juvenile Division pursuant to the rules promulgated by the Judicial Branch.

Absentee Shawnee Juvenile Code § 101, AST JUVENILE Code § 101

 

 

 




AST JUVENILE Code § 102
§ 102. Officers of the Court

The Director of the Indian Child Welfare Department, child protection workers, family violence workers, and other Indian Child Welfare Services are, by virtue of this ordinance and/or Court Order, officers of the Absentee Shawnee Tribal Court.

Absentee Shawnee Juvenile Code § 102, AST JUVENILE Code § 102

 

 

 




AST JUVENILE Code § 103
§ 103. Jurisdiction

(a) Except as otherwise provided by law, the Juvenile Court shall have exclusive jurisdiction in proceedings:

(1) Concerning any child in need of supervision within the Absentee Shawnee Tribe's territorial jurisdiction.

(2) Concerning any child who is delinquent, neglected, or dependent, within the Absentee Shawnee Tribe's territorial jurisdiction.

(3) Concerning any transfer proceeding to or from a court of another sovereign in a children's case.

(4) To determine the legal custody of any child or to appoint a guardian of the person or legal custodian of any child who comes within the Juvenile Court's jurisdiction.

(5) For the issuance of orders of support of minor. nor children.

(6) To determine the parentage of a child and to make an order of support in connection therewith.

(7) For the adoption of a person of any age.

(8) For judicial consent to the marriage, employment, or enlistment of a child, when such consent is required by law.

(9) For the treatment or commitment of a mentally ill or developmentally disabled child who comes within the Court's jurisdiction.

(b) The Juvenile Court has concurrent jurisdiction over the following:

(1) Any person who is a member, or a one-fourth degree or more blood quantum descendant of a member of any Indian Tribe.

(2) Any child residing off the reservation, who is a member of the Absentee Shawnee Tribe of Oklahoma, in proceedings covered by the Indian Child Welfare Act pending in state courts or other tribal courts.

(c) The Court may issue temporary order providing for protection, support, or medical or surgical treatment as it deems in the best interest of any child concerning whom a petition has been filed prior to adjudication or disposition of his/her case.

(d) Nothing in this section shall deprive the Tribal District Court of jurisdiction to appoint a guardian for a child nor of jurisdiction to determine legal custody of a child upon writ of habeas corpus or when the question of legal custody is incidental to the determination of a cause in the Tribal Court except that:

(1) If a petition involving the same child is pending in Juvenile Court or if continuous jurisdiction has been previously acquired by the Juvenile Court, the Tribal Court shall certify the question of legal custody to the Juvenile Court; and

(2) The Tribal Court at any time may request the Juvenile Court to make recommendations pertaining to guardianship or legal custody.

(e) Where a custody award has been made in the Trial District Court in a dissolution of marriage action or another proceeding and the Tribal District Court may take jurisdiction in a case involving the same child if he is deprived or neglected or otherwise comes within the jurisdiction set forth herein.

Absentee Shawnee Juvenile Code § 103, AST JUVENILE Code § 103

 

 

 




AST JUVENILE Code § 104
§ 104. Jurisdiction Over Extended Family

Where the Juvenile Court asserts jurisdiction over a child under this Title, the Court shall also have jurisdiction over the child's extended family whenever necessary to further the best interests of the child.

Absentee Shawnee Juvenile Code § 104, AST JUVENILE Code § 104

 

 

 




AST JUVENILE Code § 105
§ 105. Continuing Jurisdiction

The Juvenile Court may retain continuing jurisdiction over children and their extended families who, while subject to the Juvenile Court jurisdiction, leave the reservation whenever necessary to further the best interests of the child.

Absentee Shawnee Juvenile Code § 105, AST JUVENILE Code § 105

 

 

 




AST JUVENILE Code § 106
§ 106. Extended Family Defined

For purposes of state court proceedings pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., a child's extended family is defined to mean any familial or culturally defined clan or band relationships.

Absentee Shawnee Juvenile Code § 106, AST JUVENILE Code § 106

 

 

 




AST JUVENILE Code § 107
§ 107. Transfers from State Court or Other Tribal Court

(a) Pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1911(b), any state court may transfer to the Juvenile Court herein any proceeding for the foster care placement of, or termination of parental rights to, any Indian child who is a member of, or eligible for membership in the Absentee Shawnee Tribe, if the juvenile Court finds that the transfer would not be detrimental to the best interests of the child.

(b) By this Ordinance, the Governor of the Absentee Shawnee Tribe or his designee is hereby established as the appropriate person to receive notice of Indian Child Welfare Act cases from the courts of any state or sovereign.

(c) The Juvenile Court shall determine whether the transfer to the Tribe's jurisdiction would be detrimental to the best interest of the child in a transfer hearing initiated by the Tribe after the order of transfer is received by the Court Clerk of the Tribal Court. In making such determination, the Court may consider:

(1) Whether the child or its family will be in need of special services for physical or mental disease or defect which the Tribe and its resources are unable to adequately provide, and

(2) If transfer is tendered prior to adjudication, whether the witnesses necessary to adjudicate the case will be available. If the witnesses will not appear the Court should decline to accept the transfer until after the adjudication is completed, and

(3) Any other matters which may adversely affect the Tribe's ability to provide treatment or necessary services to the family.

(d) A Court transferring a case to the Tribe's jurisdiction under subsection (a) of this section shall transmit all documents and legal and. social records, or certified copies thereof, to the Tribal Juvenile Court, which court shall proceed with the case as if the petition had been originally filed or the adjudication had been originally made in this Court. Transfer cases shall be assigned a Tribal Court juvenile division case number as in other cases.

(e) The Indian Child Welfare Department shall conduct an investigation and file a written report, including recommendations as to transfer of the proceedings, with the Tribal Prosecutor within five (5) days of receipt of notice of an Indian Child Welfare Act proceeding or a request for transfer from another tribe.

(f) Upon transfer of jurisdiction from a state or tribal court, the tribal prosecutor shall file a petition in the tribal court to accept transfer of jurisdiction and the Indian Child Welfare Department shall arrange for transportation and placement of the child, if required.

Absentee Shawnee Juvenile Code § 107, AST JUVENILE Code § 107

 

 

 




AST JUVENILE Code § 108
§ 108. Full Faith and Credit

Orders of state courts and other tribal courts involving children over whom the Juvenile Court could assume jurisdiction shall be recognized and given full faith and credit if:

(a) The issuing court had jurisdiction over the parties and the subject matter;

(b) The procedures specified in the Indian Child Welfare Act, if applicable, were properly followed; and

(c) Due process and other rights provided by the Indian Civil Rights Act were accorded all interested parties.

Absentee Shawnee Juvenile Code § 108, AST JUVENILE Code § 108

 

 

 




AST JUVENILE Code § 109
§ 109. Child Welfare Transfers to Tribal or State Court

(a) The Tribal Juvenile Court, in its discretion, is authorized to transfer any children's case arising within the Tribal jurisdiction, said child not being a member or eligible for membership in the Tribe, to the Court of the child's Indian Tribe, or if the child is a non-Indian, to the Courts of the State where the child is a resident or domiciled, upon the petition of the Prosecutor of the Absentee Shawnee Tribe, either parent, a custodian or guardian, the child's Tribe, or an appropriate official of the child's state.

(b) In making such transfers the Tribal Court may consider:

(1) The best interest of the child, and

(2) Any special needs or mental or physical disease or defects of the child and family and the ability of the Tribe and the receiving jurisdiction to meet those need, and

(3) If transfer is requested prior to adjudication, whether witnesses necessary to the adjudication can attend in the receiving jurisdiction, and

(4) Emotional, cultural, and social ties of the child and its family, and

(5) The likelihood that the same child and family would return to the Tribal jurisdiction within a reasonable time and come before the Juvenile Court again.

(c) Upon entering an order transferring a case as provided in this section, the Court shall serve a certified copy of the Order of Transfer, the legal case file, and any social or police reports concerning the child's case to the Court Clerk of the receiving jurisdiction by certified mail, return receipt requested. The Juvenile Court may retain physical custody of the child pending an order or notice of acceptance from the receiving jurisdiction, and upon receiving such order for the protection of the child until completion of physical transfer to the receiving jurisdiction.

Absentee Shawnee Juvenile Code § 109, AST JUVENILE Code § 109

 

 

 




AST JUVENILE Code § 110
§ 110. Notice of Legal Rights

At his first appearance before the Court, the child and his parents, guardian or other legal custodian shall be fully advised by the Court of their legal rights, including:

(a) The right to a jury trial upon demand where available;

(b) The right to be represented by an attorney, at their own expense, at every phase of the proceedings;

(c) The right, if found to be without sufficient financial means, to have an attorney appointed at no cost in cases where the Tribe is a party and the termination of the parent-child legal relationship is stated as a possible remedy in the summons. The Court may appoint an attorney without such request if it deems representation by an attorney necessary to protect the interest of the child or other parties.

Absentee Shawnee Juvenile Code § 110, AST JUVENILE Code § 110

 

 

 





 

AST JUVENILE Code § 111
§ 111. Absentee Shawnee Tribal Prosecutor Duties

The Prosecutor shall represent the Tribe in the interest of child in all proceedings subject to this Title in which the Tribe is a party. In proceedings subject to this Title in which the Tribe is not a party, the Prosecutor shall intervene on behalf of the Tribe in the interest of the child.

Absentee Shawnee Juvenile Code § 111, AST JUVENILE Code § 111

 

 

 




AST JUVENILE Code § 112
§ 112. Jury Trials

(a) A child, his parent or guardian, or any interested I party may demand a trial by jury or the Court on its own motion may order such a jury to try the case in the following cases:

(1) In adjudicatory hearings concerning an alleged delinquent, neglected, or deprived child, or a child in need of supervision, where termination is stated as a possible disposition in the petition.

(2) In termination of parental rights hearings.

(3) In determining the parentage of a child under this Title.

(b) Unless a jury trial is demanded, it shall be deemed to be waived.

Absentee Shawnee Juvenile Code § 112, AST JUVENILE Code § 112

 

 

 




AST JUVENILE Code § 113
§ 113. Procedure

(a) The rules of juvenile procedure herein set forth shall apply in all proceedings under this Title. To the extent that any procedure is not specifically set forth herein, the general rules of civil procedure shall apply.

(b) In cases involving an allegation of delinquency by means of commission of an offense, the adjudicatory hearing shall be held in conformity with the rules of criminal procedure, and the child shall be entitled to all the rights, privileges, and immunities of an accused in a criminal case.

(c) The Courts of the Absentee Shawnee Tribe shall have the authority by written Court rule, not inconsistent with this Title or the Rules of Civil Procedure, and filed of record in the Court Clerk's office to provide for any procedure or form necessary for the efficient, orderly, and just resolution of cases under this Title.

Absentee Shawnee Juvenile Code § 113, AST JUVENILE Code § 113

 

 

 




AST JUVENILE Code § 114
§ 114. Hearings

(a) Hearings shall be held before the Court without jury, except as provided in s.112, and may be conducted in an informal manner, except in proceedings brought concerning an alleged delinquent. The general public shall be excluded. The Court shall admit only such persons as have an interest in the case or the work of the Court. Hearings may be continued as ordered by the Court.

(b) A verbatim record shall be taken of all proceedings, unless waived, which might result in the deprivation of custody. A verbatim record shall be made in all other hearings, unless waived by the parties in the proceeding and so ordered by the Judge.

(c) When more than one child is named in a petition alleging delinquency, need of supervision, or neglect or deprived, the hearings may be consolidated; or heard separately at any stage of the proceedings, at the Court's discretion.

(d) Children's cases shall be heard separately from adult's cases, and the child or his parents, guardian, or other custodian may be heard separately when deemed necessary by the Court.

(e) The name, picture, place of residence, or identity of any child, parent, guardian, other custodian, or person appearing as a witness in children's proceedings under this Title shall not be published in any newspaper or in any other publication nor given any other publicity unless for good cause and specifically permitted by order of the Court. Any person who violates the provisions of this subsection is guilty of contempt of court, and upon conviction, thereof, shall be subject to a civil fine of not more than one thousand dollars ($1,000.00).

Absentee Shawnee Juvenile Code § 114, AST JUVENILE Code § 114

 

 

 




AST JUVENILE Code § 115
§ 115. Mileage and Witness Fees

In proceedings pursuant to this Code, the Court may allow mileage as in civil actions to witnesses and reimbursement for expert witnesses but shall not be tendered in advance of the hearing.

Absentee Shawnee Juvenile Code § 115, AST JUVENILE Code § 115

 

 

 




AST JUVENILE Code § 116
§ 116. Penalties

A willful violation of any provision of an order of the Court issued under the provisions of this Code shall constitute indirect contempt of court and shall be punishable as such. Punishment for any such act of contempt shall be civil or criminal in nature, at the discretion of the Court. Such punishment if civil shall not exceed a fine of five hundred dollars ($500.00). Such punishment if criminal shall not exceed a fine of three hundred dollars ($300.00), or imprisonment in the tribal jail for not more than thirty (30) days, or both such fine and imprisonment.

Absentee Shawnee Juvenile Code § 116, AST JUVENILE Code § 116

 

 

 




AST JUVENILE Code § 117
§ 117. Social Study and Other Reports

(a) Unless waived by the Court, the Absentee Shawnee Indian Child Welfare or other agency designated by the Court shall make a social study and report in writing in all children's cases except:

(1) If the allegations of a petition are denied by the parents, guardians, or legal custodian, the study shall not be made until the Court has entered an order of adjudication; and

(2) The study and investigation in all adoptions shall be made as provided in the provisions relating to adoptions unless a relative placement.

(b) For the purpose of determining proper disposition of a child the general rules of evidence shall apply; written reports and other materials relating to the child's mental, physical, and social history may be received and considered by the Court along with evidence. The Court shall require that the person who wrote the report or prepared the material appear as a witness and be subject to both direct and cross-examination.

(c) The Court shall inform the child, his parents, legal guardian, or custodian of the right of cross-examination concerning any written report or other material as specified in subsection (b) of this section.

Absentee Shawnee Juvenile Code § 117, AST JUVENILE Code § 117

 

 

 




AST JUVENILE Code § 118
§ 118. Effect of Proceedings

(a) No adjudication or disposition in proceedings under s.103 shall impose any civil disability on a child or disqualify him from any Tribal personnel system or military service application or appointment or from holding Tribal office.

(b) No adjudication, disposition, or evidence given in proceedings brought under this Title shall be admissible against a child in any criminal or other action or proceedings, except in subsequent proceedings under this Title concerning the same child.

Absentee Shawnee Juvenile Code § 118, AST JUVENILE Code § 118

 

 

 




AST JUVENILE Code § 119
§ 119. Inspection of Court Records

(a) Records of court proceedings shall be open to inspection by the parents or guardian, attorneys and other parties in proceedings before the Court, and to any agency to which legal custody of the child has been transferred, except records of court proceedings in formal adoption and formal relinquishment proceedings shall be confidential and open to inspection only by Court order.

(b) With consent of the Court, records of court proceedings may be inspected by the child, by persons having a legitimate interest in the proceedings, and by persons conducting pertinent research studies, except in formal relinquishment and formal adoption proceedings.

(c) Probation counselors' records and all other reports of social and clinical studies shall not be open to inspection, except by consent of the Court.

Absentee Shawnee Juvenile Code § 119, AST JUVENILE Code § 119

 

 

 




AST JUVENILE Code § 120
§ 120. Law Enforcement Records

The records enforcement officers concerning all children's cases or children taken into temporary custody or issued a summons under the provisions of this Title shall be maintained separately from the records of arrest and may not be inspected by or disclosed to the public, including the names of children taken into temporary custody or issued a summons, except:

(a) To the victim in each case when the child is found guilty of a delinquent act;

(b) When the child has escaped from an institution to which he has been committed;

(c) By order of the Court;

(d) When the Court orders the child to be held for criminal proceedings;

(e) When there has been a criminal conviction and a pre-sentence investigation is being made on an application for probation; or

(f) When the disclosure is to a Tribal, federal, or state officer, employee, or agency in their official capacity who show a bona fide need for the information requested to assist in apprehension, to conduct a current investigation, or as otherwise provided by Tribal law.

Absentee Shawnee Juvenile Code § 120, AST JUVENILE Code § 120

 

 

 




AST JUVENILE Code § 121
§ 121. Indian Child Welfare--Records

The records of the Children and Family Services Administration concerning all children's cases under the provisions of the Title shall not be inspected or disclosed to the public, including the names of children taken into temporary custody or issued a , except;

(a) To the victim in each case when the child is guilty of a delinquent act;

(b) When the child has escaped from an institution to which he has been committed;

(c) By order of the Court;

(d) When the Court orders the child to be held for criminal proceedings;

(e) When there has been a criminal conviction and a pre-sentence investigation is being made on an application for probation; or

(f) When the disclosure is to a Tribal, federal, or state officer, employee, or agency in their official capacity who show a bona fide need for the information requested to assist in apprehension, to conduct a current investigation, or as otherwise provided by Tribal law.

Absentee Shawnee Juvenile Code § 121, AST JUVENILE Code § 121

 

 

 




AST JUVENILE Code § 122
§ 122. Identity Confidential

No fingerprint, photograph, name, address, or other information concerning identity of a child taken into custody or issued a summons under the provisions of this article maybe transmitted to the Federal Bureau of Investigation or any other person or agency except a tribal law enforcement agency when necessary to assist in apprehension or to conduct a current investigation, or when the Court orders the child to be held for criminal proceedings.

Absentee Shawnee Juvenile Code § 122, AST JUVENILE Code § 122

 

 

 




AST JUVENILE Code § 123
§ 123. Search Warrants or Pick-up Orders for the Protection of Children

(a) A search warrant or pick-up order may be issued by the Juvenile Court to search any place for the recovery of any child within the jurisdiction of the Court believed to be a delinquent child, a child in need of supervision, or a neglected or deprived child.

(b) Such a warrant or order shall be issued only on the conditions that the application for the warrant shall:

(1) Be sworn to or affirmed before the Court;

(2) Name or describe with particularity the child sought;

(3) State that the child is believed to be a delinquent child, a child in need of supervision, or a neglected or deprived child and the reasons upon which such belief is based;

(4) State the address or legal description of the place to be searched;

(5) State the reasons why it is necessary to proceed pursuant to this section instead of proceeding by issuance of a summons.

Absentee Shawnee Juvenile Code § 123, AST JUVENILE Code § 123

 

 

 




AST JUVENILE Code § 124
§ 124. Issuance of Search Warrants or Pick-up Orders

(a) If the Court is satisfied that grounds for the application ion exist or that there is probable cause to believe that they exist, it shall issue a search warrant identifying by name or describing with particularity the child sought and the place to be searched for the child.

(b) The search warrant or pick-up order shall be directed to any law enforcement officer authorized by law to execute it wherein the place to be searched is located.

(c) The warrant or pick-up order shall state the ground:, or probable cause for its issuance.

(d) The warrant or pick-up order shall be served in the daytime unless the application for the warrant alleges that it is necessary to conduct the search at some other time, in which case the Court may so direct.

(e) A copy of the warrant or pick-up order shall be served upon the person in possession of the place to be searched and where the child is to be sought, or if no one is home, a copy shall be left in plain sight within the place searched.

(f) If the child is found, the child shall be taken into custody, transported to and placed in the detention or shelter facility subject to the conditions of § 210(c)(d).

(g) The warrant or pick-up order shall be returned to the issuing court, immediately upon service, and the officer shall subscribe on the warrant his name, the date and time of service, and the place where the child was delivered by him. A copy shall be delivered to the Tribal Prosecutor. If the child was not found, such information should be subscribed on the warrant.

Absentee Shawnee Juvenile Code § 124, AST JUVENILE Code § 124

 

 

 




AST JUVENILE Code § 125
§ 125. Expiration of Search Warrants/Pick-up Orders

A search warrant/pick-up order for the protection of a child shall be null and void if not served within ten days of the date of issuance and a void warrant should be returned with the reason for non-service subscribed thereon.

Absentee Shawnee Juvenile Code § 125, AST JUVENILE Code § 125

 

 

 




AST JUVENILE Code § 126
§ 126. Appeals

(a) An appeal may be taken from any order, decree, or judgment of the court in the same manner as other civil appeals are taken. Initials appear on the record on appeal in place of the name of the child and respondents. Appeals shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time.

(b) The Tribe shall have the same right to appeal questions of law in delinquency cases as exists in criminal cases.

Absentee Shawnee Juvenile Code § 126, AST JUVENILE Code § 126s
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