Mille Lacs Band Statutes Annotated

TITLE 8 - CHILDREN AND FAMILIES

 

Chapter	Section
1. General Provisions	1
2. Curfew - Repealed and replaced by Ordinance 31-03, June 11, 2003	71
3. Juvenile Offenders	101
4. Minors in Need of Care	201
5. Duty to Report Abuse and Neglect	301
6. Domestic Abuse Prevention	401
7. Termination of Parental Rights	501
8. Adoption and Foster Care	601
9. Guardianship and Conservatorship	701
10. Change of Name	801
11. Child Care	901
12. Child Support	2101

 

Historical and Statutory Notes

The Preamble of Band Statute 1096-MLC-28 provides:

"It is enacted, a code for protecting the general health and welfare of the people of the constituent Bands of the Mille Lacs Band of Chippewa Indians. The people of our constituent Bands represent the greatest natural resource that is available for our continued existence. In order to ensure that this resource will be available now and in the future, the government for the constituent Bands must take measures to ensure the freedom, safety, care and guidance of our people. As it is from the Great Spirit that these gifts are received by our people and we, in turn, have a cultural obligation to follow our traditional customs and beliefs in the best interest of perpetuating our existence. We, therefore, do this so that non-Indians may cherish the members of our Band when they have cause to interact with us. Let them be morally bound."

Band Statute 1096-MLC-28, § 45 provides:

"Section 45. Severability. If any provisions of this Chapter or the application thereof to any person, business, corporation or circumstances is held invalid, the invalidity shall not affect other provisions or application of this Chapter which can be given effect without the invalid provisions or application and to this end the provisions of this Chapter are declared severable."

Cross References

Assault and battery, civil causes of action, see 24 MLBSA § 251.
Persons capable of contracting, see 24 MLBSA § 106.

 

CHAPTER 1

GENERAL PROVISIONS

Section

1. Findings and determinations.
2. Reservation of right of amendment.
3. Definitions.
4. Jurisdiction of Court.
5. Transfer of jurisdiction.
6. Court participation in programs; grants-in-aid.
7. Social services.
8. Contracts for care and placement of minors.
9. Guardian Ad Litem.
10. Court to inform minor or parents.
11. Evidentiary standards.
12. Adjudication upon child status not conviction of crime.
13. Disposition or evidence not admissible in other proceedings.
14. Standard for shelter care and detention facilities.
15. Legal duties of Human Resource Officers and Child Social Workers.
16. Obligations of Solicitor General.
17. State of Minnesota: agreement regarding Indian child custody proceedings.

§ 1. Findings and determinations

(a) The Band Assembly hereby finds that the purpose of Chapters 1 to 10 of this title is to secure for each child who may come before the Court of Central Jurisdiction such care, guidance and control preferably in his own home, as will serve his welfare and the best interests of the Bands. To preserve and strengthen the child's family ties, to preserve and strengthen the child's cultural and ethnic identity. Additionally, to secure for any child who may be removed from his home the care, guidance and control as nearly equivalent as that which he should have been given by his parents to help him develop into a responsible, well adjusted adult and to improve any conditions or home environment which may be contributing to his delinquency. To this end, Chapters 1 to 10 of this title shall be liberally construed.

(b) The Band Assembly hereby finds that there is no resource that is more vital to the continued existence and integrity of the Band than our children and our elders and all the people who comprise the Non-Removable Mille Lacs Band of Chippewa Indians.

(c) The Band Assembly hereby finds that the state of Minnesota, exercising its concurrent jurisdiction over child custody proceedings through administrative and judicial bodies, has failed to recognize the essential relations of the constituent Bands and the cultural and social standards prevailing in our communities and families.

(d) The Band Assembly hereby finds and determines that it shall be the policy of the constituent Bands to protect the best interests of all children under the jurisdiction of the Bands and to promote stability and security of the constituent Bands and the families thereof, by establishing standards for the care of our children by choosing courses of action which least restrict the child's freedom and are consistent with the safety and interests of the constituent Bands of the Mille Lacs Band of Chippewa Indians.

(e) The Band Assembly hereby finds and determines that the purposes of Chapters 1 to 10 of this title shall be fulfilled by the creation of a special division under the Court of Central Jurisdiction.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 1.

 

§ 2. Reservation of right of amendment

The Band Assembly hereby fully reserves the right to alter, amend, or repeal the several provisions of Chapters 1 to 10 of this title, and all rights and privileges granted or extended hereunder shall be subject to such reserved rights.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 46.

 

§ 3. Definitions

For the purpose of Chapters 1 to 10 of this title the words and phrases shall have the meanings respectively ascribed to them:

(a) "Abandon" means when a parent leaves a child without communication or fails to support a child and there is no indication of the parent's willingness to assume his parental role for a period exceeding two years.

(b) "Adult" means any person subject to the jurisdiction of the Mille Lacs Band of Chippewa Indians who is eighteen years of age or older.

(c) "Court" means the Human Resources Division of the Court of Central Jurisdiction when exercising jurisdiction under Chapters 1 to 10 of this title.

(d) "Court Magistrate-Judge" means any (duly appointed, elected) judge of the Human Resources Division of the Court of Central Jurisdiction when exercising jurisdiction under Chapters 1 to 10 of this title.

(e) "Custodian" means one who has physical custody of a minor and who is providing food, shelter and supervision to him.

(f) "Delinquent Act" means an act, which if committed by an adult, is designated a crime under the laws of the state of Minnesota or is designated a crime under the tribal law and order code or tribal ordinance.

(g) "Detention" means the placement of a minor in an appropriate physically restrictive facility.

(h) "Extended Family" means a person who has reached the age of sixteen and who is the minor's grandparent, aunt, or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent, or made part of the extended family by tribal resolution, or as defined by the law of custom of the child's tribe.

(i) "Guardian" means a person other than the minor's parent who is by law responsible for that minor (but not the minor's property).

(j) "Guardian Ad Litem" means an adult appointed by the Court to prosecute or defend for a minor in any proceeding to which he may be a party.

(k) "Human Resource Officer" means any and all employees of the Mille Lacs Band of Chippewa Indians-Human Services Administration who are funded pursuant to any grant or contract to service any human assistance need of any person under the jurisdiction of the Band.

(l) "Indian Custodian" means an adult Band member who has reached the age of twenty-one in whom temporary physical care, custody and control has been transferred by the parent of such minor.

(m) "Juvenile Offender" means a person who commits a delinquent act prior to his eighteenth birthday.

(n) "Least Restrictive Alternative" means the terms in the code direct the Court to select the least drastic method of achieving its goal; the restrictions placed on the child must be reasonable related to the Court's objectives and must be the least restrictive way of achieving that objective. For example, the reason any person is held in detention before trial is to insure that the person will not leave the area, therefore, the only restraint on that person's freedom is the restriction on his freedom of movement. No other restriction such as mail censorship or being placed in solitary confinement is related to the stated purpose of pretrial detention.

(o) "Minor" means:

(1) A person under eighteen years of age.

(2) A person eighteen years of age or older concerning whom proceedings are commenced in the Court of Central Jurisdiction prior to his eighteenth birthday.

(3) A person eighteen years of age or older who is under the continuing jurisdiction of the Court of Central Jurisdiction.

(p) "Minor-in-need-of-care" means a minor who has no parent(s), guardian or custodian available who is capable and willing to care for him, or has suffered, or is likely to certainly suffer a physical injury, inflicted upon him by other than accidental means, which causes or creates a substantial risk of death, disfigurement or impairment of bodily functions. Or, has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his parent(s), guardian or custodian necessary for his health and well-being. Or, has been sexually abused, or has been committing delinquent acts as a result of parental pressure, guidance or approval.

(q) "Parent" includes a natural or adoptive parent as defined by the Court of Central Jurisdiction, but does not include persons whose parental rights have been terminated, nor does it include the unwed father whose paternity has not been acknowledged or established.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 29.

Cross References

Criminal causes of action, see 24 MLBSA § 1001 et seq.

§ 4. Jurisdiction of Court

(a) The Court of Central Jurisdiction is hereby conferred exclusive and original subject matter jurisdiction over any cause of action that may arise pursuant to Chapters 3 to 1 0 of this title.

(b) The Court shall have exclusive and original jurisdiction of the following proceedings:

(1) A minor is alleged to be a juvenile offender, unless the Court transfers jurisdiction to an exterior court;

(2) A minor is alleged to be a minor-in-need-of-care;

(3) Termination of parental rights;

(4) Adoption of a minor;

(5) Custody of or appointment of a custodian, conservator or a guardian for a minor;

(6) A mentally retarded or mentally ill minor;

(7) Child custody proceedings, as defined by the Indian Child Welfare Act, (25 U.S.C.A. § 1901 et seq.) if the minor is domiciled or resides on territories under the jurisdiction of the Band and

(8) Transfer of jurisdiction from any court of child custody proceedings, as defined by the Indian Child Welfare Act, if the minor is not domiciled or does not reside on territories under the jurisdiction of the Band.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 2, 3.

§ 5. Transfer of jurisdiction

(a) In any child custody transfer from any court, the Band has exclusive jurisdiction over child custody proceedings, as defined by the Indian Child Welfare Act, (25 U.S.C.A. § 1901 et seq.) If the minor is domiciled or resides on lands under the jurisdiction of the Band.

(b) The Band may petition for transfer from any court of jurisdiction over child custody proceedings, as defined by the Indian Child Welfare Act, if the minor is domiciled or resides exterior to lands under the jurisdiction of the Band.

(c) Upon receipt of transfer jurisdiction from any court, the Solicitor General shall file a minor-in-need-of-care petition and an adjudicatory hearing shall be held in accordance with this title.

(d) The Band agent for service of notice of state court child custody proceedings, as defined by the Indian Child Welfare Act, shall be the Commissioner of Human Services.

(e) The Band petition for transfer shall be filed by the Solicitor General or selected representative within five days of receipt of notice from a state court.

(f)

(1) The Band may intervene in state court child custody proceedings, as defined by the Indian Child Welfare Act at any point in the proceedings.

(2) The Solicitor General or selected representative shall file a motion to intervene within five days of receipt of notice from a state court.

(g)

(1) If a parent or Indian custodian petition to state court for transfer of jurisdiction is granted, the Court shall not refuse to accept such transfer.

(2) The Court shall accept all state court transfers of child custody proceedings.

(h) If the Band's petition for transfer is granted or if a parent or Indian custodian's petition for transfer is granted, the Band shall expeditiously transfer the minor to the jurisdiction of the Band.

(i) Upon receipt of transfer jurisdiction from state court, the Solicitor General shall file a minor-in-need-of-care petition and an adjudicatory hearing shall be held in accordance with this title.

(j) The Court shall give full faith and credit to other tribes' child custody court orders, as defined by the Indian Child Welfare Act.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 2.04, 3.01 to 3.06.

§ 6. Court participation in programs; grants-in-aid

The Court is authorized to cooperate fully with any federal, tribal, public or private agency to participate in any diversion, rehabilitation or training programs and to receive grants-in-aid to carry out the purpose of Chapters 1 to 10 of this title, subject to appropriation of all funds by the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 2.01.

§ 7. Social services

The Court shall utilize such social services as may be furnished by any tribal or federal agency, provided that they are economically administered without unnecessary duplication and expense.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 2.02.

§ 8. Contracts for care and placement of minors

The Court may negotiate a contract, on behalf of the Band with tribal or federal agencies and departments for the care and placement of minors whose status is adjudicated under this Court, subject to ratification by the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 2.03.

§ 9. Guardian Ad Litem

(a) The Court, at any stage of a proceeding, may appoint a Guardian Ad Litem for a minor who is a party, if the minor has no parent, guardian or custodian appearing on behalf of the minor or if their interests conflict with those of a minor.

(b) The Court, under any proceeding authorized by Chapters 1 to 10 of this title, shall appoint for the purposes of that proceeding a Guardian Ad Litem for a minor where the Court finds that the minor does not have a natural or adoptive parent, guardian or custodian willing and able to exercise effective guardianship.

(c) The duties of the Guardian Ad Litem shall be to represent the minor's interest in any proceeding as required by the Court and make recommendations to the Court on disposition.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 4.04, 32.

§ 10. Court to inform minor or parents

At his first appearance before the Court, the minor, who is alleged to be a juvenile offender, the parent(s), guardian or custodian, when a minor is alleged to be a minor-in-need-of-care, and the parent(s), in a termination of parental rights proceeding, shall be informed by the Court of:

(a) The allegations against him;

(b) The right to an attorney at his own expense;

(c) The right to testify or remain silent and that any statement made by him may be used against him;

(d) The right to cross-examine witnesses;

(e) The right to subpoena witnesses on his own behalf; and

(f) The possible consequences if the allegations of the petition are found to be true.

Cross References

Admission of juvenile offender allegations, see 8 MLBSA § 135.
Basic rights of children taken into custody, see 8 MLBSA § 105.
Due process of law, see 1 MLBSA § 8.
Minor-in-need-of-care proceedings, parent, guardian or custodian informed of right to attorney, see 8 MLBSA § 210.
Right to confront witnesses, obtain witnesses and have assistance of counsel, see 1 MLBSA § 6.

§ 11. Evidentiary standards

In all cases before the Human Resource Division, the judge/justice shall utilize a clear and convincing standard of proof.

Source: Band Statute 1096-MLC-28, § 34.

§ 12. Adjudication upon child status not conviction of crime

No adjudication upon the status of any child in the jurisdiction of the Court shall be deemed criminal or a conviction of a crime.

Source: Band Statute 1096-MLC-28, § 2.05.

§ 13. Disposition or evidence not admissible in other proceedings

The disposition of a child or of evidence given shall not be admissible as evidence against the child in any proceedings in another court.

Source: Band Statute 1096-MLC-28, § 2.06.

§ 14. Standard for shelter care and detention facilities

(a)

(1) The Chief Justice of the Court of Central Jurisdiction shall prescribe and enforce rules and regulations governing the operation of detention and shelter care facilities. He may assign the responsibilities to another qualified tribal agency.

(2) The rules and regulations shall include, but are not limited to the following:

(A) Cleanliness standards,

(B) Heat, water and light standards,

(C) Personnel standards,

(D) Visitation privileges,

(E) Occupancy standards,

(F) Provisions for medical and dental care and

(G) Provisions for food, furnishing, clothing and toilet articles.

(b) The Chief Justice of the Court of Central Jurisdiction shall prescribe and enforce written policies and procedures governing the administration of detention and shelter care facilities. Such policies and procedures shall include, but are not limited to the following:

(1) A minor shall not be punished, ridiculed or criticized for expressing through speech, custom or dress, the minor's Indian and tribal heritage.

(2) A minor shall be allowed to wear his hair according to his personal taste. The minor shall not be punished, ridiculed or criticized for the hairstyle he selects.

(3) A minor may wear his own clothes rather than clothes supplied by the detention facility, as long as they comply with minimum standards of cleanliness.

(4) Incoming and outgoing mail may be inspected for contraband, but shall not be read.

(5) Whenever possible, the minor shall be allowed to attend the school in which he is enrolled. School work and educational assistance, at the minor's level of development, shall be provided for the minor in detention facilities.

(6) A minor shall be allowed to attend traditional ceremonials provided that he is accompanied by a parent, guardian or custodian, has received consent to do so by the child's Court Counselor, parent or custodian, who has been delegated the authority to consent from the judge/justice of the Court of Central Jurisdiction and returns immediately to the detention or shelter care facility

(7) A minor shall be allowed to attend the funeral and any related activities of his brother, sister, mother, father, aunt, uncle, grandmother grandfather or cousin, whether they be natural or adopted provided that:

(A) His parent, guardian or custodian request and receive permission from the judge/justice of the Human Resource Division and

(B) He is accompanied by a parent, guardian or custodian and

(C) He return immediately to the shelter care or detention facility.

(8) A minor shall be given the opportunity to engage in physical exercise every day.

(9) A minor shall not be locked alone in a room unless there exists a reasonable belief that he may cause physical injury to himself or others if not locked alone. An emergency fire exit must be accessible and toilet facilities must be available to the minor. While a minor is locked alone in a room, he must be visited at least once an hour. The confinement shall not exceed a four hour time period.

(10) A minor shall not be punished by physical force, solitary confinement or deprivation of meals or family visits.

(11) A minor in a detention facility shall not be required to perform work duties, excepting household chores.

(c) A judge/justice shall have the authority to close any facility in violation of this section.

Source: Band Statute 1096-MLC-28, § 33.

Cross References

Duties of chief Justice, see 5 MLBSA § 114.

§ 15. Legal duties of Human Resource Officers and Child Social Workers

(a) The Human Resource Officer and Child Social Workers shall carry out duties conferred throughout Chapters 1 to 10 of this title. The Human Resource Officer and Child Social Workers duties do not include acting on behalf of the Band against the child. Their sole responsibility is to serve as a friend of the child, on the child's behalf and in the child's best interest.

(b) The duties and responsibilities of the Human Resources Officer and Child Social Worker of the Band shall include, but not be limited to, the following:

(1) Make investigations as provided in this title, or as directed by the Court;

(2) Make reports to the Court as provided in this title or as directed by the Court;

(3) Conduct informal hearings with the minor and the minor's parent(s), guardian or custodian;

(4) Place a minor in detention or shelter care as provided in this title; and

(5) Perform such other duties in connection with the care, custody or transportation of minors as the Court may require.

(c) The Human Resource Officer must have an educational background and/or prior experience in the field of delivering social services to youth.

(d) The Human Resource Officer shall identify and develop resources on the reservation designed to enhance each minor's potential as a viable member of the Band community.

(e) The Human Resource Officer shall not be employed at or perform the duties of a prosecutor, Solicitor General or law enforcement official.

(f) The Human Resource Officer shall not testify against any minor in any proceeding under this title or any adjudicatory proceeding.

§ 16. Obligations of Solicitor General

(a) The Solicitor General shall represent the people of the constituent Band of the Mille Lacs Band of Chippewa Indians under Chapters 1 and 3 to 10 of this title.

(b) The Solicitor General's duties shall include, but not be limited to:

(1) Filing petitions with the Court as provided in Chapters 1 and 3 to 10 of this title;

(2) Representing the Band in all proceedings under Chapters 1 and 3 to 10 of this title; and

(3) Performing such other duties as the Court may order.

Source: Band Statute 1096-MLC-28, § 31.

Cross References

Duties of Solicitor General, see 4 MLBSA § 18.

§ 17. State of Minnesota: agreement regarding Indian child custody proceedings

The Band Assembly hereby authorized the Chief Executive to officially notify the state of Minnesota-Commissioner of Department of Human Services of the intention of the Mille Lacs Band of Chippewa Indians to revoke the agreement regarding Indian Child Custody Proceedings with cause following a minimum of thirty days after delivery of said written notice to the Commissioner of Human Services. The revocation shall not affect any action or proceeding over which a state court has previously assumed jurisdiction.

Source: Band Statute 1096-MLC-28, § 36.

 

CHAPTER 2

CURFEW

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An Ordinance providing for the safety of the Mille Lacs Band of Ojibwe Indians on Band lands through the amendment of the Curfew Ordinance.

The District I Representative introduced the following Bill on the 11th day of June, 2003.

Preamble: This Ordinance shall regulate the conduct of juveniles in Public Places during night time hours for the purposes of protecting Juveniles from criminal activities, preventing Juveniles from committing crimes, enhancing parental control of their Juvenile children and protecting the peace and well-being of the community.

Section 101. Purposes and Findings:

1. This Ordinance repeals and replaces Title 8 MLBSA §§ 71 and 72 and 24 MLBSA § 1261.

2. The Mille Lacs Band of Ojibwe Indians finds that there has been an increase in violence and crime by and against Juveniles on Band Lands in recent years.

3. The lack of maturity and experience makes Juveniles more susceptible to becoming victims or perpetrators of crimes.

4. The Mille Lacs Band finds that the increase in criminal activity by and against Juveniles creates a need for an Ordinance that will address the causes of the problem and aid in the prevention of crime.

Section 102. Definitions.

1. Authorized Adult. An Authorized Adult is any person who is at least eighteen (18) years of age and authorized by a Parent to have custody and control of a Juvenile.

2. Band Lands. Band Lands means lands owned by or held in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians, or one or more members of the Mille Lacs Band of Ojibwe Indians, and subject to the jurisdiction of the Mille Lacs Band.

3. Emergency. Emergency means an unforeseen circumstance that call for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

4. Juvenile. Juvenile means a person under the age of eighteen (18) years but does not include a person under eighteen (18) years of age who is married or has been legally emancipated.

5. Knowingly. Knowingly means an action or inaction that is taken with such knowledge as a Parent or Authorized Adult is reasonably expected to have concerning the whereabouts of the Juvenile in his or her care, or such knowledge as a Person Operating a place of business is reasonably expected to have concerning the persons on the premises of such business.

6. Parent. Parent means any person having legal custody of a Juvenile: (a) as a natural parent, adoptive parent or step-parent; (b) as a legal guardian; or, (c) pursuant to a court order.

7. Public Place. A public place means any public or private location or area open to the public and includes, but is not limited to, streets, highways, roads, parks, public recreation areas, entertainment or civic facilities, schools, and the common areas of hospitals, clinics, apartment houses, office buildings, garages and shops.

8. Serious Bodily Harm. Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death or serious or permanent disfigurement, loss or protracted impairment of the function of any bodily member or organ.

9. Person Operating. Person Operating means any individual, corporation, association, partnership, or other business entity managing a place of business on Band Lands that is open to the public.

Section 103. Prohibited Acts.

1. In accordance with the cultural law of the Mille Lacs Band of Ojibwe Indians, all children under the chronological age of ten (10) who are subject to the jurisdiction of the Mille Lacs Band shall be subject to curfew that shall commence at the time the sun is fully set in the western sky. Except as provided in Section 104 of this Ordinance, it is unlawful for such a child to be present in any Public Place on Band Lands without a Parent or Authorized Adult from sunset to sunrise.

2. Except as provided in Section 104 of this Ordinance, it is unlawful for a Juvenile who is subject to the jurisdiction of the Mille Lacs Band to be present in any Public Place on Band Lands without a Parent or Authorized Adult:

a) between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:00 a.m. of the following day; or

b) between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. of the following day.

3. Any Parent or Authorized Adult subject to the jurisdiction of the Mille Lacs Band who knowingly or through negligent supervision permits a Juvenile to be present at any Public Place in violation of paragraphs 1 or 2 of this section shall be guilty of a civil misdemeanor.

4. Any Person Operating or otherwise in charge of any Band-owned business to knowingly permits any Juvenile to be present at any Public Place maintained by such business in violation of paragraphs 1 or 2 of this section shall be guilty of a civil misdemeanor.

Section 104. Exceptions.

It shall not be unlawful under Section 103 of this Ordinance for a Juvenile to be present at a Public Place at any time if:

a) the Juvenile is accompanied by a Parent or Authorized Adult;

b) the Juvenile is involved in, or attempting to remedy, alleviate or respond to, an Emergency.

c) the Juvenile is engaged in lawful employment or while traveling to and from such employment;

d) the Juvenile is attending an activity that is sponsored by a school or religious organization, a traditional ceremony, or other social or recreational activity supervised by adults, or is reasonably traveling to and from such activity; or

e) the Juvenile, with the authority of a Parent, is on the public right-of-way, boulevard or sidewalk abutting the Juvenile's residence.

Section 105. Prosecution.

1. A prosecution for a violation of Section 103 of this Ordinance may only be initiated by the Solicitor General's Office. To initiate such a prosecution, the Solicitor General's Office must file a complaint in the Court of Central Jurisdiction within ninety (90) days of the date on which the violation occurred. The complaint shall contain:

a) a citation to the specific provision(s) of this Ordinance allegedly violated; and

b) the name, age and address, if known, of the defendant and, if the defendant is a Juvenile, of his or her parents, if known; and

c) a plain and concise statement of the facts upon which the allegations are based.

2. The complaint must be personally served on the defendant within seven (7) days after it is filed in the Court of Central Jurisdiction. If the defendant is out of the jurisdiction of the Mille Lacs Band of Ojibwe Indians or is otherwise unable to be personally served, the seven (7) day period shall begin after the defendant has been located within the jurisdiction of the Mille Lacs Band.

3. Preliminary Inquiry.

a) A preliminary inquiry shall be held within thirty (30) days after the complaint has been filed and the defendant has been properly served, unless the Court finds good cause to the contrary. In no event shall a preliminary inquiry take place later than forty-five (45) days after the complaint has been filed and the defendant has been properly served.

b) The defendant shall enter a plea of guilty or not guilty at the preliminary inquiry. If the defendant stands mute or refuses to enter a plea, then the Court shall enter a plea of not guilty for the defendant.

4. Pretrial Hearing and Adjudicatory Hearing.

The Court shall schedule a pretrial hearing to be held within fifteen (15) days after the preliminary hearing, and an adjudicatory hearing to be held within forty-five (45) days after the preliminary hearing. The time for the pretrial hearing and adjudicatory hearing may be extended if the defendant agrees to waive the time limits.

5. Confidentiality of Records.

All court records under this Ordinance shall be confidential and shall not be open to the public for inspection. Any conviction of a Juvenile under this Ordinance shall become sealed once the Juvenile reaches eighteen (18) years of age.

6. Appeal.

Appeals shall be conducted according to 24 MLBSA § 2501 et seq. A party may appeal a final Order by filing with the Clerk of the Court a written Notice of Appeal within thirty (30) days of the date the Order was filed.

Section 106. Affirmative Defenses.

It shall be an affirmative defense to prosecution under Section 103(4) of this Ordinance that:

a) the owner, manager or employee of any business or other enterprise open to the public promptly notified the Mille Lacs Band police department that a Juvenile was present on the premises in violation of Section 103(1) or (2) and refused to leave when requested; or

b) the owner, manager or employee reasonably relied upon the Juvenile's representation as to proof of age. Proof of age may be established by Band identification, State driver's license, school identification card, or other verifiable means.

Section 107. Reasonable Grounds.

A police officer may make an arrest or issue a citation under this Ordinance if the officer has reasonable grounds to believe that a violation of this Ordinance has occurred and no exception applies.

Section 108. Penalties.

1. Except as otherwise provided in this Ordinance, violations of Sections 103 (1) - (3) will be prosecuted pursuant to 8 MLBSA Chapter 3 and will be subject to the penalties therein. In addition, the Court shall also sentence the Juvenile and/or the Juvenile's Parent(s) or Authorized Adult(s) as follows:

a) The first offense shall be punishable by a fine of $25.00.

b) The second offense shall be punishable by a fine of $50.00.

c) The third and any additional offenses shall be punishable by a fine of $75.00. In addition, the Court shall require the Mille Lacs Band's Family Services Department to investigate the Juvenile's social and education background for the purposes of making a recommendation to the Office of Solicitor General as to whether a Petition For a Child In Need Of Protective Services (CHIPS) is required.

d) Nothing in this section shall preclude the Court from alternative sentencing if deemed in the best interest of the Juvenile.

e) If a Juvenile cannot pay the fine imposed by the Court under this section, the Juvenile's Parent(s) or Authorized Adult(s) shall pay the fine.

2. A violation of Section 103(4) shall be a civil misdemeanor and punishable by a fine not to exceed $100.00 and/or other alternative sentencing, as deemed necessary by the Court.

Section 109. Severability.

If the Court of Central Jurisdiction adjudges any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in the judgment.

Section 110. Sovereign Immunity.

Nothing contained in this Ordinance shall be construed as a waiver of sovereign immunity of the Mille Lacs Band of Ojibwe Indians.

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CHAPTER 3

JUVENILE OFFENDERS

Section
101. Juvenile offender complaint.
102. Warrants.
103. Custody.
104. Law enforcement officer's duties.
105. Basic rights of children taken into custody.
106. Fingerprints and photographs.
107. Questioning in custody.
108. Line-up for identification.
109. Court Counselor's duties.
110. Detention pending hearing.
111. Detention in jail.
112. Preliminary inquiry-minor placed in detention or shelter care.
113. Preliminary inquiry-minor not in detention or shelter care.
114. Notice of preliminary inquiry.
115. Presence of parent, guardian or custodian at preliminary inquiry.
116. Probable cause.
117. Release to responsible adult.
118. Continued detention or shelter care.
119. Dismissal of complaint.
120. Investigation by Human Resource Officer.
121. Informal hearing.
122. Notice of informal hearing.
123. Subpoenas.
124. Inadmissibility of statements.
125. Informal adjustment.
126. Progress reviews.
127. Petition.
128. Date of adjudicatory hearing.
129. Continuance.
130. Summons.
131. Adjudicatory hearing.
132. Testimony at adjudicatory hearing.
133. Burden of proof; finding.
134. Appealability of finding.
135. Admission of allegations.
136. Predispositional report.
137. Medical examination.
138. Dispositional hearing.
139. Notice of dispositional hearing.
140. Evidence.
141. Dispositional orders.
142. Appealability of dispositional order.
143. Modification of dispositional order.
144. Record of hearings.
145. Confidentiality of court records.
146. Confidentiality of law enforcement records.
147. Destruction of records.
148. Appeal.
149. Contempt of court.

 

Cross References

Compulsory attendance of school age pupils see 9 MLBSA § 19.
Contributing to delinquency of minor, see 24 MLBSA § 1260.
Criminal procedure, juvenile delinquency, see 24 MLBSA § 4301 et seq.
Liquor violations, see 24 MLBSA § 1258.
Prohibited drugs, consumption by minors, see 23 MLBSA § 5.

§ 101. Juvenile offender complaint  

A complaint may be filed by a person who has knowledge of the facts alleged. The complaint shall be signed by the complainant. The complaint shall contain:

(a) A citation to the specific statutory provisions of this title which give the Court jurisdiction of the proceedings,

(b) A citation to the Mille Lacs Band Statutes Annotated provision or custom and tradition which the minor is alleged to have violated,

(c) Name, age and address of the minor who is the subject of the complaint,

(d) The name and address of parents, custodian or guardian, if known and

(e) A plain and concise statement of the facts upon which the allegations are based, including the date, time and location at which the alleged facts occurred.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 6.

Cross References

Minor-in-need-of-care complaint, see 8 MLBSA § 201.

§ 102. Warrants

(a) The Court may issue a warrant directing that a minor be taken into custody if the Court finds probable cause to believe the minor has committed the acts alleged in the complaint, and there is probable cause to believe that the child will not appear for a hearing, or is in immediate and serious emotional or physical harm or would commit additional criminal offenses.

(b) The Court may issue a warrant authorizing a law enforcement officer to search for a minor if there is probable cause to believe that the minor is within the Court's jurisdiction and a custodial warrant has been issued for the alleged juvenile offender.

(c) The Court may issue a warrant authorizing a law enforcement officer to search for and seize property when the property has been obtained or is possessed in a manner which constitutes a delinquent act; or is designed or intended for use, or which is, or has been used as a means of committing a delinquent act; or would be material evidence in a juvenile offender proceeding.

(d) The Court may issue a warrant for a person's arrest immediately upon the failure to appear, either in person or by counsel, in Court as directed for contempt of court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 7.

Cross References

Criminal procedure. Warrant, summons and arrest, see 24 MLBSA § 4101 et seq.
Unreasonable searches and seizures, see 1 MLBSA § 2.

§ 103. Custody

A minor may be taken into custody by a law enforcement officer if:

(a) The officer has reasonable grounds to believe a delinquent act has been committed and that the minor has committed the delinquent act; or

(b) The minor is found in surroundings or conditions which pose an immediate and serious threat of emotional or physical harm; or

(c) A Warrant pursuant to 8 MLBSA § 102 has been issued for the minor.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 8.

Cross References

Criminal procedure, Warrant, summons and arrest, see 24 MLBSA § 4101 et seq.

§ 104. Law enforcement officer's duties

A law enforcement officer who takes a minor into custody pursuant to 8 MLBSA § 103 shall proceed as follows.

(a) An arresting officer shall give the warnings listed in 8 MLBSA § 105 to any minor he takes into custody prior to any questioning.

(b) An arresting officer shall release the minor to the minor's parent, guardian or custodian, and issue verbal counsel or warning as may be appropriate, unless shelter care or detention is necessary.

(c) If the minor is not released, an arresting officer shall make immediate and recurring efforts to notify the minor's parent, guardian or custodian to inform them that the minor has been taken into custody and inform them of their right to be present with the minor until an investigation to determine the need for shelter care or detention is made by the Human Resource Officer pursuant to 8 MLBSA § 109. If the minor is not released, the minor shall be taken immediately to the Human Resource Officer by the arresting officer.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 9.

Cross References

Criminal procedure, Warrant, summons and arrest, see 24 MLBSA § 4101 et seq.

§ 105. Basic rights of children taken into custody

At the time a minor is taken into custody as a juvenile offender, the arresting officer shall give the following warning:

The minor has a right to remain silent. Anything the minor says can be used against the minor in court as he is presumed to be guilty until he can prove his innocence. The minor has a right to the presence of an attorney, parents or person of his choice during questioning. If he cannot afford an attorney, the Court is not required to provide free legal service, the Court will assist the minor in obtaining the services of any attorney through available services and parents of the minor cannot waive these rights for the minor.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 4.

Cross References

Assistance of counsel, see 1 MLBSA § 6.
Court to inform minor of rights, see 8 MLBSA § 11.
Due process of law, see 1 MLBSA § 8.
Self-incrimination in criminal proceeding, see 1 MLBSA § 4.

§ 106. Fingerprints and photographs

(a) An alleged juvenile offender shall not be fingerprinted or photographed without the consent of the Court.

(b) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reasonable grounds to believe that the fingerprints are those of a minor in custody, he may fingerprint the minor for the purpose of immediate comparison with the latent fingerprints, only with the consent of the Court. Copies of the fingerprints shall be immediately destroyed, if the comparison is negative, or if the minor is not referred to the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 4.02, 25.

§ 107. Questioning in custody

A minor alleged to be a juvenile offender who is taken into custody and placed in detention or shelter care shall not be questioned except to determine identity.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 4.01.

§ 108. Lineup for identification

The Court may authorize a lineup that includes a minor in custody as an alleged juvenile offender for identification purposes only if the minor and the minor's parent, guardian or custodian give their written consent and the minor is represented by Counsel at the time of the lineup.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 24.

§ 109. Court Counselor's duties

(a) The Court Counselor shall not place a minor in detention unless a complaint is filed in accordance with 8 MLBSA § 101 or the court orders that a minor be taken into custody pursuant to 8 MLBSA § 102.

(b) If the minor's parent, guardian or custodian has not been contacted, the Court Counselor shall make immediate and recurring efforts to inform them that the minor has been taken into custody and release the minor to the parent, guardian or custodian, unless detention or shelter care is immediately necessary.

(c) If a minor is not released to his parent, guardian or custodian, the Court Counselor shall place the minor in detention or shelter care, pending the preliminary inquiry.

(d) If a minor is not released to his parent, guardian or custodian, the Court Counselor shall immediately explore alternative preadjudication custody arrangements and prepare recommendation for temporary care and custody for presentation at the preliminary inquiry.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 10.

§ 110. Detention pending hearing

A minor alleged to be a juvenile offender may be detained, pending a court hearing, in the following places:

(a) A foster care facility on the reservation licensed or approved by the Band;

(b) A detention home on the reservation approved by the Band; or

(c) A private family home on the reservation approved by the Band.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28 § 11.

Cross References

Minors-in-need-of-care, shelter care, see 8 MLBSA § 206.
Standard for shelter care and detention facilities, see 8 MLBSA § 15.

§ 111. Detention in jail

A minor who is sixteen years of age or older may be detained in a county jail or facility used for the detention of adults only if:

(a) A facility in 8 MLBSA § 110 is not available or would not assure adequate supervision of the minor;

(b) Detention is in a cell separate, but not removed, from sight and sound of adults, whenever possible;

(c) Adequate supervision is provided twenty-four hours a day.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 11.01.

§ 112. Preliminary inquiry-minor placed in detention or shelter care

(a) If a minor is placed in detention or shelter care by the Human Resource Officer pursuant to 8 MLBSA § 109(c), the Court shall conduct a preliminary inquiry within twenty-four hours for the purpose of determining whether probable cause exists to believe the minor committed the alleged delinquent act and whether continued detention or shelter care is necessary, pending further proceedings.

(b) The minor must be released to parent, guardian, custodian or other suitable person, unless there is reason to believe that the child would endanger himself or others; not return for a court hearing; not remain in care or control of the person the child is to be released to; or that the child's health or welfare would be endangered.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.

§ 113. Preliminary inquiry-minor not in detention or shelter care

If a minor has been released to his parent, guardian or custodian, the Court shall conduct a preliminary inquiry within three days after receipt of the complaint for the sole purpose of determining whether probable cause exists to believe the minor committed the alleged delinquent act.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.01.

§ 114. Notice of preliminary inquiry

(a) Notice of the preliminary inquiry shall be given to the minor and his parent, guardian or custodian and their counsel as soon as the time for the inquiry has been established. The notice shall contain:

(1) The name of the court;

(2) The title of the proceedings;

(3) A brief statement of the substance of the allegations against the minor; and

(4) The date, time and place of the preliminary inquiry.

(b) The notice shall be delivered by a law enforcement officer, or an appointee of the Court.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.03.

§ 115. Presence of parent, guardian or custodian at preliminary inquiry

If the minor's parent, guardian or custodian is not present at the preliminary inquiry, the Court shall determine what efforts have been made to notify and to obtain the presence of the parent, guardian or custodian. If it appears that further efforts are likely to produce the parent, guardian or custodian, the Court shall recess for not more than twenty-four hours and direct the Human Resource Officer to make continued efforts to obtain the presence of a parent, guardian or custodian.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §12.02.

§ 116. Probable cause

The circumstances that give rise to the complaint or the taking of the minor into custody and the need for detention or shelter care. If the Court finds that probable cause exists to believe the minor performed the delinquent act, the minor may be released to his parents and ordered to appear at the adjudicatory hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.04.

§ 117. Release to responsible adult

If the act is serious enough to Warrant continued detention or shelter care and there is reasonable cause to believe the minor will run away so that he will be unavailable for further proceedings or there is reasonable cause to believe that the minor will commit a serious act causing damage to person or property, the Court may release the minor to a relative or other responsible adult tribal member, if the parent, guardian or custodian of the minor consents to the release. If the minor is ten years of age or older, the minor and his parent, guardian or custodian must both consent to the release.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.05.

§ 118. Continued detention or shelter care

Upon a finding that probable cause exists to believe that the minor committed the alleged delinquent act and that there is a need for detention or shelter care and the minor's detention or shelter care shall be continued, the Court shall consider the Court Counselor's recommendation prepared pursuant to 8 MLBSA § 109(d).

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 118.

§ 119. Dismissal of complaint

If probable cause exists to believe the minor committed the alleged delinquent act and the need for detention or shelter care is not found, the complaint shall be dismissed with or without prejudice and the minor released.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 12.061

§ 120. Investigation by Human Resource Officer

(a) The Human Resource Officer shall make an investigation within twenty-four hours of the preliminary inquiry or the release of the minor to determine whether the interests of the minor and the Band require that further action be taken.

(b) Upon the basis of his investigation, the Human Resource Officer may recommend that no further action be taken. Suggest to the minor, his parent, guardian or custodian that they appear for an informal hearing pursuant to 8 MLBSA § 121 et seq.; a petition be filed; or a transfer petition be filed.

(c) The Human Resource Officer may recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 127 in the Court to initiate further proceedings. The petition shall be filed within forty-eight hours if the minor is in detention or shelter care. If the minor has been previously released to his parent, guardian, custodian, relative or responsible adult, the petition shall be filed within five days.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 13.

§ 121. Informal hearing

The Human Resource Officer may hold an informal conference with the minor and the minor's parent, guardian or custodian to discuss alternatives to the filing of a petition if:

(a) The admitted facts bring the case within the jurisdiction of the Court;

(b) An informal adjustment of the matter would be in the best interest of the minor and the Band; and

(c) The minor and his parent, guardian or custodian consent to an informal adjustment with knowledge that the consent is voluntary.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 14.

§ 122. Notice of informal hearing

(a) Notice of the informal hearing shall be given to the minor and his parent, guardian or custodian and their counsel as soon as the time for the hearing has been established.

(b) The notice shall contain:

(1) The name of the Court;

(2) The title of the proceeding; a brief statement of the substance of the allegation against the minor; and

(3) The date, time and place of the informal hearing.

(c) The notice shall be delivered by a law enforcement officer or an appointee of the Court. If the notice cannot be delivered personally, the notice shall be delivered by registered mail.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28§ 14.01.

§ 123. Subpoenas

The provisions of 8 MLBSA §§ 121 to 126 do not authorize the Human Resource Officer to compel any person to appear at any conference, produce any papers or visit any place.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 14.03.

§ 124. Inadmissibility of statements

No statement made during the informal hearing may be admitted into evidence at an adjudicatory hearing or any proceedings against the minor under this chapter.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 14.02.

§ 125. Informal adjustment

(a) At the informal hearing, the Human Resource Officer may:

(1) Refer the minor and the parent, guardian or custodian to the community agency for needed assistance.

(2) Order terms of supervision calculated to assist and benefit the minor which regulate the minor's activities and which are within the ability of the minor to perform.

(3) Accept an offer of restitution, if voluntarily made by the minor.

(4) Recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 127.

(b) Any informal adjustment period shall not exceed six months.

(c) The Human Resource Officer shall set forth in writing the agreements and conclusions reached at the informal hearing and the disposition agreed to by the parties for remedying the situation.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 14.04 to 14.06.

§ 126. Progress reviews

The Human Resource Officer shall review the minor's progress every thirty days. If, at anytime after the initial thirty day period, the Human Resource Officer concludes that positive results are not being achieved, the Human Resource Officer shall recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 127.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 14.07.

§ 127. Petition

(a) Proceedings under this chapter shall be instituted by a petition filed by the Solicitor General on behalf of the Band and in the interests of the minor. The Solicitor General shall file no petition with the Court unless the Commissioner of Human Services shall certify to the facts contained therein. No Human Resource Officer shall certify to any facts contained therein on any petition, however this shall not relieve any Human Resource Officer from civil liability for malfeasance in the performance of their official duties.

(b) The petition shall state:

(1) The name, birthdate and residence of the minor.

(2) The names and residences of the minor's parent, guardian or custodian.

(3) A citation to the specific statutory provision of this title which gives the Court jurisdiction of the proceedings.

(4) A citation to the Mille Lacs Band Statutes Annotated provision which the minor is alleged to have violated.

(5) If the minor is in detention or shelter care, the place of detention or shelter care and the time he was taken into custody.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 15.

§ 128. Date of adjudicatory hearing

(a) Upon receipt of the petition, the Court Clerk shall set a date for the hearing which shall not be more than five days after the Court received the petition from the Solicitor General. Mediation required pursuant to statute shall be waived, if the adjudicatory hearing is not held within ten days after the filing of the petition.

(b) Trial upon the merits shall commence within thirty days of filing of the complaint or be dismissed with or without prejudice.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 13, 16.

§ 129. Continuance

(a) If the hearing is continued upon motion of the minor, the petition shall be dismissed and cannot be filed again.

(b) The hearing is continued upon motion of the Solicitor General by reason of the unavailability of material evidence or witnesses and the Court finds the Solicitor General has exercised due diligence to obtain the material or evidence and reasonable grounds exist to believe that the material or evidence will become available.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 16.01.

§ 130. Summons

(a) At least five days prior to the adjudicatory hearing, the Court shall issue summons to:

(1) The minor;

(2) The minor's parent, guardian or custodian;

(3) Any person the Court believes necessary for the proper adjudication of the hearing; and

(4) Any person the parties believe necessary for the proper adjudication of the hearing.

(b) The summons shall contain:

(1) The name of the Court;

(2) The title of the proceedings; and

(3) The date, time and place of the hearing.

(c) A copy of the petition shall be attached to the summons.

(d) The summons shall be delivered personally by a tribal law enforcement officer or appointee of the Court. If the summons cannot be delivered personally, the Court may deliver the summons by registered mail.

(e) If a person who has been issued a summons fails to appear at the hearing, that person shall be held in contempt of court and a bench Warrant shall be issued.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 16.04.

§ 131. Adjudicatory hearing

An adjudicatory hearing shall be conducted within ten days of receipt of the petition by the Court. The adjudicatory hearing shall be held for the sole purpose of determining the guilt or innocence of a juvenile offender or for determining if the minor is a minor-in-need-of-care.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 17.

§ 132. Testimony at adjudicatory hearing

(a) The Court shall hear testimony concerning the circumstances which gave rise to the complaint.

(b) No evidence that would be inadmissible in a civil proceeding shall be admitted.

(c) The parties shall have the right to cross-examine and present witnesses.

(d) Human Resource Officers shall testify at any Court hearing to which they have factual knowledge of the circumstances surrounding the cause of action.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, §§ 15, 17.01 to 17.03.

§ 133. Burden of proof; finding

If the allegations of the petition are sustained by proof beyond a reasonable doubt, the Court shall find the minor to be a juvenile offender and proceed to the dispositional hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 17.04.

§ 134. Appealability of finding

A finding that a minor is a juvenile offender constitutes a final order for purpose of appeal.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 16.02.

§ 135. Admission of allegations

If the minor admits the allegations of the petition, the Court shall proceed to the dispositional stage only if the Court finds:

(a) The minor fully understands his rights as set forth in 8 MLBSA § 11 and fully understands the potential consequences of his admission.

(b) The minor voluntarily, intelligently and knowingly admits to all facts necessary to constitute a basis for Court action.

(c) The minor has not, in his purported admission to the allegations, set forth facts which, if found to be true, constitute a defense to the allegations.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 16.03.

§ 136. Predispositional report

(a) The Human Resource Officer shall prepare and present a written report to the Court at least one day before a dispositional hearing.

(1) The report shall contain a place for the care and assistance to the minor or his parents, guardian or custodian which is calculated to resolve the problems presented in the petition.

(2) The report shall contain a detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the minor under the proposed plan.

(3) Preference shall be given to the dispositional alternatives which are listed in 8 MLBSA § 141 and select that which is the least restrictive of the minor's freedom and is consistent with the interests of the Band.

(4) The report shall contain specific reasons for not recommending placement of the minor with his parent, guardian or custodian.

(b) The Human Resource Officer shall present the predispositional report to the Court, the person selected by the minor to represent him and the Solicitor General at least one day before the dispositional hearing.

Historical and Statutory Notes

Source: Band Statute 1096-MLC-28, § 18.

§ 137. Medical examination

(a) The Court may order a medical examination for a minor who is alleged to be a juven