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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Juvenile Code

Chapter 5. Juvenile Code

§ 501. Definitions

§ 502. Taking Children into Custody

§ 503. Notification of Parties

§ 504. Notification of Court Officers

§ 505. Release of Detained Child

§ 506. Special Release Rule for Major Offenses

§ 507. Court Ordered Release

§ 508. Extension of Detention Period

§ 509. Detention and Shelter

§ 510. Court Ordered Medical Treatment

§ 511. Court Ordered Commitment for Observation

§ 512. Intake

§ 513. Tribal Prosecutor Intake/Duties

§ 514. Deferred Prosecution Agreements/Contracts

§ 515. Deferred Prosecution Agreements/Contracts Admissible

§ 516. Court Diversion by Stipulation

§ 517. Limitation on Diversions

§ 518. Petition Form

§ 519. Petition Contents

§ 520. Amended Petitions

§ 521. Summons

§ 522. Additional Parties to be Summoned

§ 523. Service of Summons

§ 524. Failure to Appear

§ 525. Appointment of Guardian Ad Litem

§ 526. Custodial Interrogations

§ 527. Adjudicatory Hearing

§ 528. Mentally Ill and Developmentally Disabled Children

§ 529. Court Diversion

§ 530. Dismissal of Petition

§ 531. Sustaining Petition

§ 532. Temporary Orders

§ 533. Dispositional Hearing

§ 534. Social Studies and Reports

§ 535. Case Plan/Service Plan

§ 536. Medical Examination

§ 537. Hearing Purpose

§ 538. Hearing Informal

§ 539. Continuance

§ 540. Child in Need of Supervision--Disposition

§ 541. Delinquent Child--Disposition

§ 542. Probation for Delinquents and Children in Need of Supervision

§ 543. New Hearing Authorized

§ 544. Continuing Jurisdiction

§ 545. Modification of Decrees or Orders

§ 546. Orders for Support

§ 547. Expungement/Destruction of Records

§ 548. Certification as an Adult

AST JUVENILE Code § 501
§ 501. Definitions

(a) “Adjudicatory hearing” means a hearing to determine whether the allegations of a petition filed pursuant to the provisions of this Chapter are supported by the evidence and whether a juvenile should be adjudged to be a ward of the Court;

(b) “Adult” means a person eighteen years of age or over or an emancipated minor; except that any person alleged to have committed a delinquent act before he became eighteen years of age shall be considered a child under this Code for the purpose of adjudication and disposition of the delinquent act.

(c) “Child” or “juvenile” means any person under the age of eighteen (18) years of age, except for any person certified as an adult for purposes of this Code;

(d) “Child or juvenile in need of mental health treatment” means juvenile in need of mental health treatment as defined by Oklahoma's Inpatient Mental Health Treatment of Children Act, 43A O.S. § 5-501 et seq.;

(e) “Child or juvenile in need of supervision” means any child:

(1) Who has repeatedly disobeyed reasonable and lawful commands or directives of parents, legal guardians, or other custodians; or

(2) Who is willfully and voluntarily absent from the home without the consent of parents, guardians, or legal custodians for a substantial period of time, or without intent to return; or

(3) Who, being subject to compulsory school attendance, is willfully, voluntarily, and habitually absent from school in violation of law; or

(4) Who has been served with an ex parte or final protective order;

(f) “Day treatment” means a program which provides intensive services to juveniles who reside in their own home, the home of a relative, or a foster home. Day treatment programs include educational services and may be operated as a part of a residential facility;

(g) “Delinquent child or juvenile” means a juvenile who:

(1) has violated any tribal, federal, or state law or municipal ordinance except a traffic statute or traffic ordinance, has violated any lawful order of the Court made pursuant to the provisions of the Absentee Shawnee Juvenile Code or the Oklahoma Juvenile Code, or

(2) has habitually violated traffic laws or ordinances;

(h) “Detention” means the temporary care of a child who requires secure custody in physically restricting facilities pending Court disposition or a Court order for placement or commitment;

(i) “Dispositional hearing” means a hearing to determine the order of disposition which should be made with respect to a juvenile adjudged to be a ward of the Court to determine what treatment should be ordered for the family and the child, and what placement of the child should be made during the period of treatment;

(j) “Facility” means a place, an institution, a building or part thereof, a set of buildings, or an area whether or not enclosing a building set of buildings which is used for the lawful custody and treatment of juveniles;

(k) “Indian Child Welfare” or “Indian Child Welfare Department ”means the Indian Child Welfare program of the Absentee Shawnee Tribe;

(l) “Institution” means a residential facility offerings, care and treatment for more than twenty residents. Said institution may:

(1) have a program which includes community participation and community-based services, or

(2) be a secure facility with a program exclusively designed for a particular category of resident;

(m) “intake” means a mandatory, preadjudicatory interview of the juvenile and, if available, the parents, legal guardian, or other custodian of the juvenile, which is performed by a duly authorized individual to determine whether a juvenile comes within the purview of this Code, whether nonadjudicatory alternatives are available and appropriate, and if the filing of a petition is necessary;

(n) “Juvenile Court” or “Court” means the Juvenile Division of the Absentee Shawnee Tribal Court System, or the Juvenile Court or C.F.R. Court established for other Indian Tribes, or as state Juvenile Courts is appropriate from the context;

(o) “Juvenile detention facility” means a secure facility which is entirely separate from any prison, jail, adult lockup, or other adult facility, for the temporary care of children;

(p) “Probation” means a legal status created by court order whereby a delinquent juvenile is permitted to remain outside a facility directly #or by contract under prescribed conditions and under supervision by the Tribe, subject to return to the court for violation of any of the conditions prescribed;

Absentee Shawnee Juvenile Code § 501, AST JUVENILE Code § 501

 

 

 




AST JUVENILE Code § 502
§ 502. Taking Children into Custody

A child may be taken into temporary custody by a law enforcement officer or an officer of the Court prior to the filing of a petition alleging the child is delinquent or in need of supervision when:

(a) The child has committed an act which would be a major crime, misdemeanor, or Tribal ordinance violation if committed by an adult in the presence of the law enforcement officer or officer of the Court,

(b) The child has run away or escaped from parents, guardians, or custodians.

(c) The child has violated the conditions of probation and he is under the continuing jurisdiction of the Juvenile Court.

(d) A child may be taken into temporary custody pursuant to an order of the Court issued on the application of the Tribal Prosecutor. The application presented by the Tribal Prosecutor shall be supported by a sworn affidavit which may be based upon information and belief. The application shall state facts sufficient to demonstrate to the Court that there is probable cause to believe the child has committed a crime or is in violation of the terms of probation, parole or order of the Court.

(e) A child may be taken into temporary custody when the child is in need of medical or mental health treatment or other action in order to protect the child's health or welfare and the parent, legal guardian, custodian or other person having custody or control of the child is unwilling or unavailable to consent to such medical or mental health treatment or other action.

Absentee Shawnee Juvenile Code § 502, AST JUVENILE Code § 502

 

 

 




AST JUVENILE Code § 503
§ 503. Notification of Parties

When a child is taken into temporary custody, the Indian Child Welfare Department shall notify a parent, guardian, or custodian without unnecessary delay and inform that, if the child is placed in detention, all parties have a right to a hearing within 96 hours to determine whether the child is to be detained further. Such notification may be made to a person with whom the child is residing if a parent, guardian, or custodian cannot be located. If the officer or worker taking the child into custody is unable to make such notification, it may be made by any other law enforcement officer, probation counselor, detention center counselor, or jailer in whose physical custody the child is placed.

Absentee Shawnee Juvenile Code § 503, AST JUVENILE Code § 503

 

 

 




AST JUVENILE Code § 504
§ 504. Notification of Court Officers

Whenever a law enforcement officer or the Indian Child Welfare Department takes a child to a detention or shelter facility, or admits a child to a medical facility and determines not to release said child, the officer or Indian Child Welfare worker who took the child to a detention or shelter facility shall notify the Court, at the earliest opportunity that the child has been taken into custody and where he has been taken. A brief written report shall be filed to the Court stating the facts which led to the child being taken into custody and the reason why the child was not released. This report shall be filed within twenty-four hours excluding Saturdays, Sundays, and legal holidays.

Absentee Shawnee Juvenile Code § 504, AST JUVENILE Code § 504

 

 

 




AST JUVENILE Code § 505
§ 505. Release of Detained Child

(a) Except as provided in paragraph (b) of this section, a child shall not be detained by law enforcement officials or Indian Child Welfare any longer than is reasonably necessary to obtain name, age, residence and other necessary information and to contact parents, guardians, or custodians.

(b) The child shall be released to the care of parents or other responsible adult, unless his immediate welfare or the protection of the community requires that the child be detained. The parent or other person to whom the child is released may be required to sign a written promise to bring the child to the court at a time set or to be set by the Court.

(c) If the child is not released as provided in subsection (a) of this section, the child shall be taken directly to the Court or to the place of detention or shelter approved by the department and designated by the Court without unnecessary delay unless admitted to a facility for medical treatment pursuant.

(d) No child shall be detained pursuant to subsection (b) for a period exceeding ninety six hours without an order of the Court. If no Court order is issued within such time, the child must be released.

(e) notwithstanding the provisions of subsection (d) of this section, a child who is alleged to be a runaway from another Tribal jurisdiction or a state may be held in a detention facility or jail up to seven days, during which time arrangements shall be made for returning the child to his parent, or custodian.

Absentee Shawnee Juvenile Code § 505, AST JUVENILE Code § 505

 

 

 




AST JUVENILE Code § 506
§ 506. Special Release Rule for Major Offenses

(a) No child taken to a detention or shelter facility without a court order as the result of an allegedly delinquent act which would constitute a major crime or offense punishable by banishment if committed by an adult shall be released from such facility if in writing a law enforcement agency has requested that a detention hearing be held to determine whether the child's immediate welfare or the protection of the community requires that he be detained. No such child shall thereafter be released from detention except after a hearing, reasonable advanced notice of which has been given to the Tribal Prosecutor, alleging new circumstances concerning the further detention of the child.

(b) When following a detention hearing as provided for by subsection (a) of this section, the Court orders further detention of a, child, a petition alleging the child to be delinquent shall be filed with the Court without unnecessary delay if one has not been previously filed, and the child shall be held in detention pending a hearing on the petition.

(c) Nothing herein shall be construed as depriving a child of the right to bail under the same circumstances as an adult.

Absentee Shawnee Juvenile Code § 506, AST JUVENILE Code § 506

 

 

 




AST JUVENILE Code § 507
§ 507. Court Ordered Release

At any time prior to the filing of a petition and entry of an emergency custody order on that petition, the Court may order the release of any child, except children being held pursuant to § 506 of this Code, from detention or shelter care without holding a Hearing, either without restriction or upon written promise of the parent, guardian, or custodian to bring the child to the Court at a time set or to be set by the Court.

Absentee Shawnee Juvenile Code § 507, AST JUVENILE Code § 507

 

 

 




AST JUVENILE Code § 508
§ 508. Extension of Detention Period

For good cause shown the Court may extend the time period during which a child may be detained without a petition and court order for a period not exceeding five working days. Such extension shall be in writing or may be made verbally and reduced to writing within twenty-four (24) hours.

Absentee Shawnee Juvenile Code § 508, AST JUVENILE Code § 508

 

 

 




AST JUVENILE Code § 509
§ 509. Detention and Shelter

(a) A child who must be taken from the home but who does not require physical restriction shall be given temporary care in a shelter facility approved and designated by the Indian Child Welfare and shall not be placed in detention.

(b) No child under the age of fourteen and, except upon the order of the Court, no child fourteen years of age or older and under sixteen years of age shall be detained in a jail, lockup, or other place used for confinement of adult offenders or persons charged with crime. An exception may be used y the Court only if no other suitable place of confinement is available.

(c) A child fourteen years of age or older shall be detained separately from adult offenders or persons charged with crime, including any child ordered by the Court to be held for criminal proceedings.

(d) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the Court and Tribal Prosecutor immediately when a child who is or appears to be under the age of eighteen is received at the facility, except for a child ordered by the Court to be held for criminal proceedings.

Absentee Shawnee Juvenile Code § 509, AST JUVENILE Code § 509

 

 

 




AST JUVENILE Code § 510
§ 510. Court Ordered Medical Treatment

(a) At any time after a child is taken into custody with or without a court order and prior to adjudication on the merits:

(1) When the Court finds that emergency medical, surgical, or dental treatment is required for a child in Tribal custody it may authorize such treatment or care if the parents, guardian, or custodian are not immediately available to give their consent or to show cause why such treatment should not be ordered. The power to consent to emergency medical care may be delegated by the Court to the agency or person having physical custody of the child pursuant to this Code or pursuant to court order.

(2) The court may authorize or consent to non-emergency medical, surgical, or dental treatment or care for a child in Tribal custody.

(b) After a child has been adjudicated a ward of the Court, the Court may consent to any necessary emergency, preventive, or general medical, surgical, or dental treatment or care, or may delegate the authority to consent thereto to the agency or person having physical custody of the child

Absentee Shawnee Juvenile Code § 510, AST JUVENILE Code § 510

 

 

 




AST JUVENILE Code § 511
§ 511. Court Ordered Commitment for Observation

If it appears that any child being held in detention or shelter may be mentally ill, developmentally disabled, or has sustained any trauma which m result in a delayed medical danger or injury, the Court shall place the child in a designated facility approved by the Indian Child Welfare department for seventy-two (72) hour treatment and evaluation. Upon the advice of a physician the treatment and evaluation period may be extended for a period not exceeding ten (10) days.

Absentee Shawnee Juvenile Code § 511, AST JUVENILE Code § 511

 

 

 




AST JUVENILE Code § 512
§ 512. Intake

(a) Each allegation of delinquency, in need of supervision, in need of treatment within the Court's jurisdiction shall be investigated by the Indian Child Welfare Department and/or the Tribal Police.

(b) An intake refers to the initial process of gathering information which may be pertinent to provide services or proceeds with an investigation.

(c) All intakes shall have a written record.

(d) If the Child Welfare officer or Tribal Police officer determines that the interests of the child or of the community require that court action be taken, he shall request in writing that the Tribal Prosecutor file a petition and deliver a copy of the entire case file to the Tribal Prosecutor.

(e) If the Child Welfare officer or Tribal Police officer determines that the interests of the child or of the Tribe do not require court action, Indian Child Welfare may offer such services and make such referrals to other agencies as may be feasible to help the family with any defined problems.

Absentee Shawnee Juvenile Code § 512, AST JUVENILE Code § 512

 

 

 




AST JUVENILE Code § 513
§ 513. Tribal Prosecutor Intake/Duties

(a) The Tribal Prosecutor may become involved in a case at any point in any proceeding.

(b) No case shall be entered into in which insufficient evidence exists in order to prosecute unless there is imminent danger to the child, family, or community.

(c) Petitions and any information in any case shall be presented to the Tribal Prosecutor upon request at any reasonable hour.

Absentee Shawnee Juvenile Code § 513, AST JUVENILE Code § 513

 

 

 




AST JUVENILE Code § 514
§ 514. Deferred Prosecution Agreements/Contracts

(a) Prior to the filing of a Petition, either the Court, or the Tribal Prosecutor with the consent of the Indian Child Welfare Department may divert any children's case, except a case subject to § 506 of this Code from the court process.

(b) Diversion shall be made by entering into a contract with the child's parents, guardian, or other custodian whereby the parent, guardian, or other custodian agrees to undergo specified treatment for the condition noticed, including an agreement to do or refrain from doing certain acts and the Indian Child Welfare Department and the Tribal Prosecutor agree not to file a petition in the case so long as the parent, guardian, or other custodian comply with the contract.

(c) Each such contract shall contain the following:

(1) The specific facts or allegations, including dates, which gave rise to the condition addressed by the contract.

(2) The specific treatment programs the parents, guardian, or custodian agree to successfully complete and their duration.

(3) The specific facts which the parents, guardian, or custodian agree to do or to refrain from doing.

(4) The specific treatment or other social services to be offered by the Tribe or other agencies and. accepted by the family.

(5) A fixed, limited time for the contract to run not exceeding one year.

(6) That the Tribe will not file a petition on the subject of the contract for the facts or allegations stated if the parents, guardian, or custodian comply with each of the contract terms for the full term of the contract.

(7) That each party has received a copy of the contract.

(d) No diversion contract may place physical custody in any person or agency other than the parents, guardian, or other legal custodian unless it bears the approval in writing of a Judge of the Juvenile Court.

Absentee Shawnee Juvenile Code § 514, AST JUVENILE Code § 514

 

 

 




AST JUVENILE Code § 515
§ 515. Deferred Prosecution Agreements/Contracts Admissible

The diversion contract and any statements or admission of the parties made in negotiating or fulfilling the terms of the contract are admissible as evidence. The parents, guardian, or custodian may choose to prove the contract and show their compliance with the terms thereof as a defense to a petition filed concerning the matter of the contract. Upon a showing of compliance with the terms of the contract the Court shall dismiss the petition unless, it determines by evidence beyond a reasonable doubt that the child is in imminent danger of severe physical or mental harm.

Absentee Shawnee Juvenile Code § 515, AST JUVENILE Code § 515

 

 

 




AST JUVENILE Code § 516
§ 516. Court Diversion by Stipulation

(a) After filing a petition, Indian Child Welfare and the Tribal Prosecutor may divert any children's case, except a case subject to § 506 or § 517 of this Code from the adjudicatory process with the consent of the respondents and the Court by stipulation to the validity of the allegations in the petition if:

(1) The Court has informed the child and his parents, guardian, or custodian of their rights to:

(i) deny the allegations of the petition and require the Tribe to prove each allegation by admissible evidence;

(ii) confront and cross-examine witnesses against them and to call witnesses on their own behalf;

(iii) refuse to testify against themselves or each other in delinquency cases;

(iv) a trial by a jury of six persons at he adjudicatory stage where a jury trial is available;

(v) be represented by counsel at their own expense at each stage of the proceedings, and, to the extent counsel is available at no fee, to have counsel appointed for them if they cannot afford private counsel;

(vi) and the Court believed they understand their rights.

Absentee Shawnee Juvenile Code § 516, AST JUVENILE Code § 516

 

 

 




AST JUVENILE Code § 517
§ 517. Limitation on Diversions

No child shall be handled by informal adjustment where the child referred to the Court by any person has had any sustained petition for delinquency in the preceding twelve months or has been handled by informal adjustment for a delinquent act in the preceding twelve months.

Absentee Shawnee Juvenile Code § 517, AST JUVENILE Code § 517

 

 

 




AST JUVENILE Code § 518
§ 518. Petition Form

A petition in a delinquent child proceeding may be filed by the Tribal Prosecutor to determine if further action is necessary. Such petitions and all subsequent court documents in such proceedings shall contain a heading and title in substantially this following form:

DISTRICT (SUPREME) COURT OF THE ABSENTEE SHAWNEE TRIBE OF OKLAHOMA JUVENILE DIVISION

In the Interest of:

)

 

 

)

Case No.

An Alleged

)

 

Absentee Shawnee Juvenile Code § 518, AST JUVENILE Code § 518

 

 

 




AST JUVENILE Code § 519
§ 519. Petition Contents

(a) The petition shall set forth plainly the facts which bring the child within the Court's jurisdiction. If the petition alleges that the child is delinquent, it shall cite the law which the child is alleged to have violated. The petition shall also state the name, age, and residence of the child and the names and residences of his parents, guardian, or other custodian or of his nearest relative if no parent, guardian, or other custodian is known.

(b) Any action pertaining to the possible termination of the legal relationship between parent(s) and child(ren) must contain a motion for such action based on continued disregard for the reasonable orders of the Courts of the Absentee Shawnee Tribe. The petition shall be signed by the Tribal Prosecutor or designee.

Absentee Shawnee Juvenile Code § 519, AST JUVENILE Code § 519

 

 

 




AST JUVENILE Code § 520
§ 520. Amended Petitions

A petition may be amended by order of the court at any time before an order of adjudication has been made, provided that the Court shall grant the parties such additional time to prepare as may be required to insure a full and fair hearing. A petition shall be deemed to have been amended to conform to the proof where the proof does not change the substance of the act, omission or circumstance alleged. However, the Court shall not amended the adjudicatory category prayed for in the petition.

Absentee Shawnee Juvenile Code § 520, AST JUVENILE Code § 520

 

 

 




AST JUVENILE Code § 521
§ 521. Summons

Upon filing of a petition the Court Clerk shall issue a summons to the respondents and the child as in other civil cases. The summons shall be in substantially the following form:

IN THE DISTRICT COURT OF THE ABSENTEE SHAWNEE TRIBE OF OKLAHOMA JUVENILE DIVISION

SUMMONS

THE ABSENTEE SHAWNEE TRIBE to:

 , Respondents.

YOU ARE HEREBY NOTIFIED, that a petition has been filed in the District Court of the Absentee Shawnee Tribe alleging that the above named is a (delinquent) (deprived) (neglected) child (in need of supervision) and that as the (parent) (guardian) (custodian) of said child you have been named as the Respondent, all as more fully set out in the attached petition

YOU ARE THEREFORE ORDERED TO APPEAR at the Courtroom of the District Court of the Absentee Shawnee Tribe, (Address of the Court), on the ____ day of at the hour of o'clock ____m .. and to there remain subject to the call of the Court until discharged so that you may be advised of the allegations contained in the petition and may answer that you admit or deny the allegations of the petition.

YOU ARE FURTHER ORDERED, if the above named child is in ____ physical custody or subject to your control, to bring, the child to Court with you.

You may seek the advice of an attorney on any matter relating to this action at your own expense.

____________________

Court Clerk (Seal)

(Return as in other civil cases)

Absentee Shawnee Juvenile Code § 521, AST JUVENILE Code § 521

 

 

 




AST JUVENILE Code § 522
§ 522. Additional Parties to be Summoned

The Court on its own motion or on the motion of any party may join as a respondent or require the appearance of any person it deems necessary to the action and authorize the issuance of a summons directed to such person.

Absentee Shawnee Juvenile Code § 522, AST JUVENILE Code § 522

 

 

 




AST JUVENILE Code § 523
§ 523. Service of Summons

(a) Summons shall be served personally, pursuant to the Tribal rules of civil procedure.

(b) If the parents, guardian, or other custodian of child required to be summoned cannot be found within the Tribal jurisdiction, the fact of the child's presence within the Tribe's jurisdiction shall confer jurisdiction on the Court as to any absent parent, guardian, or other custodian if due notice has been given in the following manner:

(1) When the residence of the person to be served outside the Tribe's jurisdiction is known, a copy of the summons and petition shall be sent by certified mail with postage prepaid to such person at his place of residence with a return receipt requested. Service of summons shall be deemed complete upon return of the requested receipt.

(2) When the person to be served has no residence within the Tribe's jurisdiction and his place of residence is not known, or when he cannot be found within the Tribe's jurisdiction after due diligence, service may be by publication.

(c) The Court shall not hold a hearing until at least forty-eight (48) hours after the service of the summons, except with the consent of the parent or guardian.

(d) If notice is published, the Court shall not hold the hearing until at least ten (10) days after the date of publication.

Absentee Shawnee Juvenile Code § 523, AST JUVENILE Code § 523

 

 

 




AST JUVENILE Code § 524
§ 524. Failure to Appear

(a) Any person served with a summons who fails to appear without reasonable cause may be proceeded against for contempt of court and a bench warrant may issue.

(b) If after reasonable effort the summons cannot be served or if the welfare of the child requires that he be brought immediately into the custody of the Court, a bench warrant maybe issued for the parents, guardian, or other custodian of for the child, or a Pick Up Order may issue for the child as provided by law.

(c) When a parent or other person who signed a written promise to appear and bring the child to Court, or who has waived or acknowledged service fails to appear with the child on the date set by the Court, a bench warrant may be issued for the parent or other person, the child, or both.

Absentee Shawnee Juvenile Code § 524, AST JUVENILE Code § 524

 

 

 




AST JUVENILE Code § 525
§ 525. Appointment of Guardian Ad Litem

(a) The Court may appoint a guardian ad litem to protect the interest of a child in proceedings pursuant to this Chapter when:

(1) No parent, guardian, custodian, or relative of the child appears at the first or any subsequent hearing in the case; or

(2) The Court finds that there may be a conflict of interest between the child and parent, guardian, or other custodian; or

(3) The Court finds that it is in the child's interests and welfare, and necessary, whether or not a parent, guardian, or other custodian is present.

(b) The Court may appoint a guardian ad litem for any parent in proceedings pursuant to this Code who has been determined to be mentally ill by a Court of competent jurisdiction or is developmentally disabled; except that, if a conservator has been appointed, the conservator may serve as the guardian ad litem. If the conservator does not serve as guardian ad litem, the conservator shall be informed that a guardian ad litem has been appointed.

(c) At the time any child first appears in Court, if it is determined that there is no guardian of the person, the Court shall appoint a guardian of the person of the child before proceeding with the matter.

(d) In all proceedings brought for the protection of a child suffering from abuse or non-accidental injury, a guardian ad litem may lie appointed for said child. Said guardian shall have the power to represent the child in the legal proceedings.

(e) All guardians ad litem shall, whenever, practical, be required to personally visit the place of residence of the child.

Absentee Shawnee Juvenile Code § 525, AST JUVENILE Code § 525

 

 

 




AST JUVENILE Code § 526
§ 526. Custodial Interrogations

No information gained by a custodial interrogation of a child under sixteen (16) years of age nor any evidence subsequently obtained as a result of such interrogation shall be admissible into evidence against the child unless the custodial interrogation about any alleged offense by any law enforcement officer or the Indian Child Welfare Department is done in the presence of the parents, guardian, attorney, adult relative, adult caretaker, or custodian of the child. No such custodial interrogation shall commence until the child and the parents, guardian, attorney, adult relative, adult caretaker, or custodian of the child have been fully advised of the constitutional and legal rights of the child, including the right to be represented by counsel at every stage of the proceedings

Absentee Shawnee Juvenile Code § 526, AST JUVENILE Code § 526

 

 

 




AST JUVENILE Code § 527
§ 527. Adjudicatory Hearing

(a) At the adjudicatory hearing, which shall be conducted as provided in the rules of criminal procedure, the Court shall consider whether the allegations of the petition are supported by evidence beyond a reasonable doubt; except that jurisdictional matters of the age and residence of the child shall be deemed admitted by or on behalf of the child unless specifically denied prior to the adjudicatory hearing.

(b) When it appears that the evidence presented at the hearing discloses issues not raised in the petition, the Court may proceed immediately to consider the additional or different matters raised by the evidence.

(c) In such event, the Court, on the motion of any party to the case or on its own motion, shall order the petition to be amended to conform to the evidence.

(d) If the amendment results in a substantial departure from the original allegations in the petition, the Court shall continue the hearing on he motion of any party to the case, or the Court may grant a continuance on its own motion. If it finds it to be in the best interests of the child or any other party to the proceeding.

Absentee Shawnee Juvenile Code § 527, AST JUVENILE Code § 527

 

 

 




AST JUVENILE Code § 528
§ 528. Mentally Ill and Developmentally Disabled Children

(a) If it appears from the evidence presented at an adjudicatory hearing or otherwise that the child may be mentally ill or developmentally disabled, as these terms are defined in this section, the Court shall order that the child be examined by a physician, psychiatrist, or psychologist and may place the child in a hospital or other suitable facility for the purpose of examination for a period not to exceed thirty (30) days; in the custody and control of the Indian Child Welfare Department.

(b) A suitable facility for the purpose of examination shall be a facility designated by the Court for treatment and evaluation, but neither a Tribal, city or county jail nor a detention facility shall be considered a suitable facility under any circumstances.

(c) If the report of the examination made pursuant to subsection (a) of this section states that the child is mentally ill to the extent that hospitalization or institutional confinement and treatment is required, the Court may order such hospitalization, institutional confinement, or treatment prior to, during, or after adjudication.

(d) The Court may dismiss the original petition when a child who has been ordered to receive treatment is no longer receiving treatment.

(e) The Court shall set a time for resuming the hearing on the original petition when:

(1) The report of the examination made pursuant to subsection (a) of this Section states that the child is not mentally ill to the extent that hospitalization or institutional confinement and treating is required;

(2) The child is found not to be mentally ill;

(3) The report of the examination made pursuant to subsection (a) of this Section states that the child is developmentally disabled but not mentally ill.

(f) “Mentally ill person” means a person who is of such mental condition that a person is in need of supervision, treatment, care, or restraint.

(g) “Developmental disability” means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or a neurological impairment, which may have originated during the first eighteen years of life which can be expected to continue indefinitely, and which constitutes a substantial handicap.

(h) “Mentally retarded person” means a person whose intellectual functions have been deficient since birth or whose intellectual development has been arrested or impaired by disease or physical injury to such an extent that the person lacks sufficient control, judgment, and discretion to manage property or affairs or who, by reason of this deficiency and for the persons own welfare or the welfare or safety of others, requires protection, supervision, guidance, training, control, or care.

Absentee Shawnee Juvenile Code § 528, AST JUVENILE Code § 528

 

 

 




AST JUVENILE Code § 529
§ 529. Court Diversion

At any time during the adjudicatory process, but prior to the entry of order sustaining the petition as provided in § 531 of this Code, a Court Diversion by virtue of Stipulation maybe entered as provided in § 516 of this Code.

Absentee Shawnee Juvenile Code § 529, AST JUVENILE Code § 529

 

 

 

AST JUVENILE Code § 530
§ 530. Dismissal of Petition

When the Court finds that the allegations of the petition are not supported by evidence beyond a reasonable doubt, the Court shall order the petition dismissed and the child discharged from any detention or restriction previously ordered. His parents, guardian, or other custodian shall also be discharged from any restriction previously ordered.

Absentee Shawnee Juvenile Code § 530, AST JUVENILE Code § 530

 

 

 




AST JUVENILE Code § 531
§ 531. Sustaining Petition

When the Court finds that the allegations of the petition are supported by evidence beyond a reasonable doubt, the Court shall sustain the petition and make an order of adjudication setting forth that the child is delinquent and making the child a ward of the Court.

Absentee Shawnee Juvenile Code § 531, AST JUVENILE Code § 531

 

 

 




AST JUVENILE Code § 532
§ 532. Temporary Orders

Upon sustaining a petition the Court shall make such dispositional orders as may be necessary to protect the child prior to the dispositional hearing, which shall be held without undue delay or may choose of its own volition to hold a dispositional hearing at any reasonable time.

Absentee Shawnee Juvenile Code § 532, AST JUVENILE Code § 532

 

 

 




AST JUVENILE Code § 533
§ 533. Dispositional Hearing

After making an order of adjudication, finding the child to be a ward of the Court, the Court shall hear evidence on the question of the proper disposition best serving the interests of the child and the Tribe at a hearing scheduled for that purpose.

Absentee Shawnee Juvenile Code § 533, AST JUVENILE Code § 533

 

 

 




AST JUVENILE Code § 534
§ 534. Social Studies and Reports

(a) The Court may order any agency within its jurisdiction and/or request any other agency to prepare and submit to the Court at any point in the proceedings a social study, home study, family or medical history or other reports which may be helpful in determining proper treatment and disposition for the family.

(b) Such reports shall be filed with the Court and a copy delivered to the parties or their attorney at the earliest opportunity.

Absentee Shawnee Juvenile Code § 534, AST JUVENILE Code § 534

 

 

 




AST JUVENILE Code § 535
§ 535. Case Plan/Service Plan

(a) In every case the Court shall order Indian Child Welfare to prepare a detailed case plan for the treatment and disposition of the problems identified in the adjudication.

(b) The case plan shall contain:

(1) A brief social and family history.

(2) A brief statement of the causes of the Court exercising its jurisdiction.

(3) Identification of the specific services to be provided to the child to remediate or alleviate the conditions that led to the adjudication, including but not limited to educational, medical, drug or alcohol abuse treatment, or counseling or other treatment services.

(4) Identification of the services to be provided to the parent, legal guardian, custodian, stepparent, other adult person living in the home or other family members, to remediate or alleviate the conditions that led to the adjudication, including services needed to assist the family to provide proper care and supervision of the child. If the child is placed outside the home, the service plan shall include the services to be provided during and after any such placement.

(5) If the child is placed outside the home the service plan shall state the reasons for such placement and a statement as to the unavailability or in appropriateness of local placement, or other good cause, for any placement more than forty (40) miles from the home of the child.

(6) If the child is placed outside the home the service plan shall state the services to be provided to the child while in such placement and the projected date of discharge.

(7) If the child is placed outside the home the service plan shall state the services necessary to assist the child to reintegrate with the child's family or other community-based placement.

(8) If the child is placed outside the home the service plan shall state, if the child is age sixteen (16) or older, the services necessary to make the transition from community placement to independent living.

(9) What the performance criteria will measure to insure progress for the child and family toward completion of the plan.

(10) A projected date for completion of the service plan.

(c) The case plan shall be filed with the Court and a copy delivered to the parties or their attorney at the earliest opportunity.

(1) The case plan must contain reasonable goals that can be accomplished. Innovative plans shall be utilized in order to gain a higher prospective degree of success.

Absentee Shawnee Juvenile Code § 535, AST JUVENILE Code § 535

 

 

 




AST JUVENILE Code § 536
§ 536. Medical Examination

The Court may have the child examined by a physician, psychiatrist, or psychologist, and the Court may place the child in a hospital or other suitable facility for this purpose.

Absentee Shawnee Juvenile Code § 536, AST JUVENILE Code § 536

 

 

 




AST JUVENILE Code § 537
§ 537. Hearing Purpose

The purpose of the dispositional hearing is for the Court to determine the treatment which should be ordered to attempt to correct the problems which led to the adjudication, and to provide for the health, welfare, and safety of the child during the treatment period or, if treatment cannot or does not correct the problems after actual attempts have been made to do so, to provide for the long term health, welfare, and safety of the child.

Absentee Shawnee Juvenile Code § 537, AST JUVENILE Code § 537

 

 

 




AST JUVENILE Code § 538
§ 538. Hearing Informal

The dispositional hearing shall be informal and the general rules of procedure and evidence shall not apply so that all pertinent information may be considered in determining treatment and disposition. However, when feasible, the Court shall order the writer of any report or study to appear and answer questions regarding that report if it be challenged by any party.

Absentee Shawnee Juvenile Code § 538, AST JUVENILE Code § 538

 

 

 




AST JUVENILE Code § 539
§ 539. Continuance

(a) The Court may continue a hearing, either on its own motion or on the motion of any party to the case, for a reasonable period to receive reports or other evidence, but the Court may continue the hearing for good cause on the motion of any party to the case in any case where the termination of the parent-child legal relationship is a possible remedy.

(b) If the hearing is continued, the Court shall make an appropriate order for detention of the child or for release in the custody of parents, guardian, or other responsible person or agency under such conditions of supervision as the Court may impose during the continuance.

(c) In scheduling investigations and hearings, the Court shall give priority to proceedings concerning a child who is in detention or who has otherwise been removed from his home before an order of disposition has been made ..

Absentee Shawnee Juvenile Code § 539, AST JUVENILE Code § 539

 

 

 




AST JUVENILE Code § 540
§ 540. Child in Need of Supervision--Disposition

When a child has been adjudicated as being in need of Supervision, the Court shall enter an order of disposition containing one or more of the following provisions which the Court finds appropriate:

(a) The Court may place the child on probation or under protective supervision in the legal custody of one or both parents or the guardian under such conditions as the Court may impose.

(b) The Court may place the child in the legal custody of a relative or other suitable person under such conditions as the Court may impose, which may include placing the child on probation or under protective supervision in accordance with § 239 of this Code.

(c) The Court may require as a condition of probation that the child report for assignment to a supervised work program or place such child in a child care facility which shall provide a supervised work program, if:

(1) The child is not deprived of the schooling which is appropriate to his age, needs, and specific rehabilitative goals;

(2) The supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the age level and physical ability of the child, and is combined with counseling from guidance personnel;

(3) The supervised work program assignment is made for a period of time consistent with the child's best interest, not exceeding one year.

(d) The Court may place legal custody in the Indian Child Welfare Department for placement in a family care home or child care facility, or it may place the child in a child care center.

(e) If the Court may order that the child be examined or treated by a physician, surgeon, psychiatrist, or psychologist, or that he receive other special care, and may place the child in a hospital or other suitable facility for such purposes. The Court may commit the child to any institute or group care facility designated by the Indian Child Welfare Department and approved by the Court.

Absentee Shawnee Juvenile Code § 540, AST JUVENILE Code § 540

 

 

 




AST JUVENILE Code § 541
§ 541. Delinquent Child--Disposition

If the child has been adjudicated as being delinquent, the Court shall transmit, with the commitment order, a copy of the petition, the order of adjudication, copies of the social study, any clinical or educational reports, and other information pertinent to the care and treatment of the child.

(a) The designated institution shall provide the Court with any information concerning a child committed to its care which the Court at any time may require.

(b) A commitment of a child to a designated institution under this section shall be for an indeterminate period not to exceed two years.

(c) The Indian Child Welfare Department may petition the Court to extend the commitment for an additional period not to exceed two years. The petition shall set forth the reasons why it would be in the best interest of the child or the public to extend the commitment. Upon filing the petition, the Court shall set a hearing to determine whether the petition should be granted or denied and shall notify all interested parties.

(d) Each commitment to a designated institution shall be reviewed no later than six (6) months after it is entered and each six (6) months thereafter.

Absentee Shawnee Juvenile Code § 541, AST JUVENILE Code § 541

 

 

 




AST JUVENILE Code § 542
§ 542. Probation for Delinquents and Children in Need of Supervision

(a) The terms and conditions of probation shall be specified by rules or orders of the Court. The Court, as a condition of probation for a child who is fourteen (14) years of age or older, but less than eighteen (18) years of age on the date of the dispositional hearing, has the power to impose a commitment, placement, or detention, whether continuous or at designated intervals. Each child placed on probation shall be given a written statement of the terms and conditions of probation and shall have the terms and conditions fully explained in language that he or she understands.

(b) The Court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every six (6) months.

(c) The Court may release a child from probation or modify the terms and conditions of his or her probation at any time, but any child who has complied satisfactorily with the terms and conditions of his probation shall be released from probation, and the jurisdiction of the Court shall be terminated.

(1) When it is alleged that a child has violated the terms and conditions of his probation, the Court shall set a hearing on the alleged violation and shall give notice to the child and parents, guardian, or other custodian, and any other parties to the proceedings.

(2) The child, parents, guardian, or other custodian shall be given a written statement concerning the alleged violation and shall have the right to be represented by counsel at the hearing, at his or their own cost, and shall be entitled to the issuance of compulsory process for the attendance of witnesses.

(3) The hearing on the alleged violation shall e conducted as soon as possible.

(d) If the Court finds that the child violated the terms and conditions of probation, it may modify the terms and conditions of probation, revoke probation, or take such other action permitted by this Chapter which is in the best interest of the child and the Tribe.

(e) If the Court finds that the child did not violate time terms and conditions of probation as alleged, it shall dismiss the proceedings and continue the child on probation under the terms and conditions previously described.

(f) If the Court revokes the probation of a person over eighteen (18) years of age, in addition to other action permitted by this Chapter, the Court may incarcerate for a period not to exceed one hundred eighty (180) days during which the probationer may be released during the day for school attendance, job training, or employment, as ordered by the Court.

Absentee Shawnee Juvenile Code § 542, AST JUVENILE Code § 542

 

 

 




AST JUVENILE Code § 543
§ 543. New Hearing Authorized

(a) A parent, guardian, custodian, or next friend of any child adjudicated under this Code, or any person affected by an order in a proceeding under this Chapter, may petition the Court for a new hearing on the following grounds:

(1) That new evidence, which was not known or could not with due diligence have been made available at the original hearing and which might affect the order, has been discovered;

(2) That irregularities in the proceedings prevented a fair, hearing.

(b) If it appears to the Court that the motion should be granted, it shall order a new hearing and shall make such disposition of the case as warranted by all of the facts and circumstances and the best interest of the child.

Absentee Shawnee Juvenile Code § 543, AST JUVENILE Code § 543

 

 

 




AST JUVENILE Code § 544
§ 544. Continuing Jurisdiction

Except as otherwise provided in this Chapter, the jurisdiction of the Court over any child adjudicated as in need of supervision, or delinquent shall continue until he becomes nineteen years of age unless terminated.

Absentee Shawnee Juvenile Code § 544, AST JUVENILE Code § 544

 

 

 




AST JUVENILE Code § 545
§ 545. Modification of Decrees or Orders

Any decree or order made pursuant to this Chapter may be modified by the Court at any time; provided, however, that an order terminating parental rights shall not be modified.

Absentee Shawnee Juvenile Code § 545, AST JUVENILE Code § 545

 

 

 




AST JUVENILE Code § 546
§ 546. Orders for Support

(a) Whenever a child is removed from the custody of its parent, guardian, or other custodian, the parent or other person shall be ordered by the Court to contribute a reasonable amount within their means, or to do labor for the Tribe, or take other reasonable action to provide support for the child.

(b) In cases of necessity, the Court may order a traditional custodian to assist in providing the necessities of life within that custodian's means after a hearing, whether the child has been placed in his own home or elsewhere.

(c) When Indian Child Welfare is paying for placement for such child, the contribution of the parent shall be paid to the Court Clerk and dispensed by court order to that agency or the Tribe as may be necessary by law or appropriate in the circumstances.

Absentee Shawnee Juvenile Code § 546, AST JUVENILE Code § 546

 

 

 




AST JUVENILE Code § 547
§ 547. Expungement/Destruction of Records

(a) Any person who has been adjudicated delinquent or in need of supervision, who was taken into custody on an allegation of delinquency or need of supervision, or who was the subject of a petition for delinquency or need of supervision later may petition the Court for the expungement of his record and shall be so informed at the time of adjudication, or the Court, on its own motion may initiate expungement proceedings concerning the record of any child who has been under the jurisdiction of the Court. Such petition shall be filed or such court order entered no sooner than two years after the date of termination of the Court's jurisdiction over the person. Only by stipulation of all parties involved may expungement be applied for prior to the expiration of two years from the date of termination of the Court's jurisdiction or termination of the Court's supervision under an informal adjustment.

(b) Upon the filing of a petition for expungement or entering of a court order, the Court shall set a date for hearing and shall notify the Tribal Prosecutor and anyone else whom the Court has a reason to believe may have relevant information related to the, expungement of the record, including all agencies or officials known to have relevant files relating to the individual.

(c) The Court shall destroy all records in the petitioner's case in the custody of the Court and any records in the custody of any other agency or official, if at the hearing, the Court finds that:

(1) The subject of the hearing has not been convicted of a felony, an offense, punishable by banishment or of a misdemeanor involving moral turpitude and has not been adjudicated under this Code since the termination of the Court's jurisdiction;

(2) No proceeding concerning a felony, an offense punishable by banishment, a misdemeanor involving, moral-turpitude, or a petition under this Code is pending or being instituted against him;

(3) The rehabilitation of the person has been attained to the satisfaction of the Court.

(d) Upon the entry of an order to destroy the records, the proceedings in the case shall be deemed never to have occurred, and all index references shall be deleted, and the person, every agency, and the Court may properly reply that no record exists with respect to such person upon any inquiry in the matter.

(e) Copies of the order shall be sent to each agency or official named therein.

(f) In any proceeding alleging delinquency or need f supervision in which the Court orders the petition dismissed on the merits at adjudication, the Court may order the records expunged. Such order of expungement may be entered without delay upon petition of the child or any party or upon the Court's own motion.

Absentee Shawnee Juvenile Code § 547, AST JUVENILE Code § 547

 

 

 




AST JUVENILE Code § 548
§ 548. Certification as an Adult

(a) In order to transfer to the adult tribal court, the tribal prosecutor may file a petition requesting the Juvenile Court to transfer the child to the jurisdiction of the adult Tribal Court if the child is fourteen (14) years of age or older and is alleged to have committed an act that would be considered a serious crime if committed by an adult. The Juvenile Court shall conduct a hearing to determine whether jurisdiction of the child should be transferred to adult Tribal Court. The transfer hearing shall be held within ten (10) days of the filing of the petition. Written notice of the hearing shall be given to the child and the child's parent, guardian, or custodian at least seventy-two (72) hours prior to the hearing. The following factors shall be considered when determining whether to transfer jurisdiction of the child to the adult Tribal Court:

(1) The nature and seriousness of the offense with which the child is charged;

(2) The nature and condition of the child, as evidenced by his age, mental and physical condition and emotional and psychological stability;

(3) The child's record of offenses, and responses to past Juvenile Court efforts at rehabilitation.

(b) The Juvenile Court may transfer jurisdiction of the child to the adult Tribal Court if the Juvenile Court finds clear and convincing evidence that both of the following exist:

(1) There are no reasonable prospects for rehabilitating the child through resources available to the Juvenile Court; and

(2) The offense allegedly committed by the child evidences a pattern of conduct which constitutes a substantial danger to the public.

(c) When a minor is transferred to Tribal Court, the Juvenile Court shall issue a written transfer order containing specific findings and reasons for the transfer. The transfer order constitutes a final order for purposes of appeal.

Absentee Shawnee Juvenile Code § 548, AST JUVENILE Code § 548

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