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Law and Order Code of the Fort McDermitt Paiute and Shoshone Tribe, Nevada

Code last amended: 2008

Chapter 6. Juvenile Proceedings; Child Protection Team

Legislative History

This chapter enacted by the Tribal Council on September 13, 1988 is a major revision over the past provision dealing with juvenile delinquency.

Sec. 1. Juvenile Delinquency

(a) Type and Manner of Hearing. Whenever any person who is under the age of 18 is accused of committing one of the enumerated criminal offenses of Chapter 7 of this Law & Order Code or other provisions of this chapter, the judge shall hear and determine the case in private and the record of the proceeding shall be sealed when the juvenile reaches the age of 18 years. In the judge's discretion, the case may be heard in an informal manner.

(b) Determination of Responsibility. If the court, after a due and proper hearing, finds the juvenile responsible for the commission of the breach of tribal law, the judge may seek to rehabilitate the juvenile in a manner which adequately addresses the severity of the breach of community norms for a period identical to that stated in the tribal law or order the child a ward of the court until he reaches his 21st birthday or for a lesser period.

(c) Examples of Proper Orders. As an example of the types of orders the court may order, but not exclusive, the juvenile may be ordered to do labor for the injured party, the injured party's family, or the Tribe before or after school; the child may be ordered to attend summer school; the child may be sent to a facility within or without the state of Nevada or Oregon which can supervise the child in an appropriate manner; or the child's family may be held financially responsible and ordered to pay an amount sufficient to compensate the injured party or the injured party's family or the Tribe

Sec. 2. Failure to Attend School.

No person under the age of 17 may, without good cause, refuse to attend the local public school. Any juvenile refusing to attend school without good cause shall be ordered to do labor for the Tribe or the elders of the reservation for the remaining time of his life until he reaches the age of 17 years or until he obtains his GED certificate. "Good cause" shall be determined by the judges of the court, sitting together with or without an advisory jury of community members, in a case by case basis.

Sec. 3. Minor in Possession.

No person under the age of 18 years may knowingly possess, in any manner or method, any beverage containing an alcoholic beverage or an intoxicating substance or material if the purpose of possession shall be to achieve an intoxicated state for herself or another person. Any juvenile so possessing shall be ordered to undergo regular alcoholism counseling in addition to any other finding, determination or order of the court for a period determined to be appropriate by the court even up to the child's 21st birthday, if the child is ordered a ward of the court.

Sec. 4. Creation of Child Protection Team.

The Tribal Council hereby declares the creation of a Child Protection Team to be comprised of members of the following tribal programs, federal agencies, tribal entities, and community based organizations: Social Worker, Social Services Program; Senior Community Health Representative, Fort McDermitt Tribe; and one member of the Fort McDermitt Tribal Council; Clinic Director, Indian Health Service, Fort McDermitt; one Police Officer, Bureau of Indian Affairs, assigned to Fort McDermitt; all clergy members interested in serving on the Child Protection Team; and, three elderly tribal members with whom the Child Protection Team would like the council of. The Tribal Council reserves the right to appoint others as in the future from time to time.

Sec. 5. Child Protection Team; Authority; Organization.

The Child Protection Team is hereby authorized to investigate and request of the Social Worker, Social Services Program, Fort McDermitt Tribe, that Home Studies and investigations be made into the status of any child residing within the exterior boundaries of Fort McDermitt Indian Country on which the Team has received a verified written statement indicating that the child is neglected, abused or malnourished and to ask the Bureau of Indian Affairs police officers assigned to Fort McDermitt to accompany the Team or the Social Worker to a residence or location within Fort McDermitt Indian Country for the purposes of keeping the peace during such home Study or investigation. The Child protection Team shall organize themselves in a manner so that communications may be handled through one or two members of the Team and the Tribal Council.

Sec. 6. Child Protection Team; Confidential Reports.

The reports, notes, deliberations and discussions generated as a result of the actions of the Child Protection Team, except those required to be filed with the Tribal Court, are hereby declared confidential and shall be secured and/or sealed or destroyed as the Team shall decide.

Sec. 7. Child Protection Team; Authority to Remove Children from Home.

After meeting and due deliberation and a majority of the Team voting in favor of the decision, the Child Protection Team is hereby authorized to remove children from the home of their parents, guardians, friends and/or relatives for a period of 24 hours, or 72 hours with the verbal or written order of a judge of the Tribal Court, for the sole purposes of preventing further physical and mental abuse from being inflicted against the child or to prevent the possibility of serious injury or death. A copy of all reports, notes and other documentation utilized to render the decision to remove the child for a 24 hours period, or to secure a judge's approval for a 72 hour removal, shall be filed with the Clerk of the Tribal Court within two hours of the next business day.

Sec. 8. Child Protection Team; Failure to File Reports; Action.

Failure to file the required reports with the Clerk of the Tribal Court within the required time shall be prima facie evidence that no cause existed for removing the child or children and that a case of abuse of authority exists. The Clerk of the Tribal Court or any of its judges shall issue an immediate order removing the children from their present location and cause them to be reunited with the person from whom they were removed or their parents or guardians within two hours.

Sec. 8. Child Protection Team; Abuse of Authority; Penalty.

Any member of the Child Protection Team, acting individually or jointly with other members of the Child Protection Team, who abuses their authority in removing children from from the home or custody of their parents, guardians and or friends and relatives shall be deemed guilty of an offense and upon conviction shall pay a fine of $1,000. The errant Child Protection Team member shall be immediately removed from the Team.

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