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The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation

Received: 1988

TITLE IV - UTE INDIAN JUVENILE CODE


CHAPTER 1. GENERAL PROVISIONS

§4-1-1. Purpose and Construction.

It is the purpose of this Juvenile Code to secure for each child coming before the Tribal Juvenile Court such care, guidance, and control, preferably in his own home, as will serve his welfare and the best interests of the Ute Indian Tribe, the State of Utah, and the United States; to preserve and strengthen family ties whenever possible; to preserve and strengthen the child's cultural and ethnic identity wherever possible; to secure for any child removed from his home that care, guidance, and control as nearly equivalent as the which he should have been given by his parents to help him develop into a responsible, well adjusted adult; to improve any conditions or home environment which may be contributing to his delinquency; and at the same time, to protect the peace and security of the community and its individual residents from juvenile violence or law-breaking. To this end, this Code shall be liberally construed.


§4-1-2. Definitions.

As used in this Juvenile Code, the following definitions shall apply:

(1) "Court" means the Tribal Juvenile Court of the Ute Indian Tribe of the Uintah and Ouray Reservation unless the Tribal Court or some other court is clearly intended.

(2) "Committee' means the Tribal Business Committee of the Ute Indian Tribe of the Uintah and Ouray Reservation.

(3) "Child" means a person who is an enrolled member of the Ute Indian Tribe, or any other Indian on the Reservation, who is less than 18 years of age, or if over 18 years of age, and less than 21 years of age, a person still subject to the continuing jurisdiction of the Tribal Juvenile Court.

(4) "Adult" means any person who has reached his eighteenth birthday.

(5) " Detention" means the temporary care of children who require secure custody, in physically restricting facilities pending court disposition or transfer to another jurisdiction.

(6) " Shelter" means the temporary care of children in physically unrestricting facilities pending court disposition or transfer to another jurisdiction.

(7) "Legal Custody" means a relationship embodying the following rights and duties: the right to physical custody of a child; the right and duty to protect, train and discipline him; the duty to provide him with food, clothing, shelter, education, and ordinary medical care; the right to determine where and with whom he shall live, and the right, in an emergency, to authorize surgery or other extraordinary care.

(8) "Guardian" means a guardian of the person and not a guardian of the property or estate.

(9) "Guardianship of the person" includes, among other things, the authority to consent to marriage, to enlistment in the Armed Forces, and to consent to major medical, surgical, or psychiatric treatment. "Guardianship of the person" also includes legal custody, if legal custody is not vested in another person, agency, or institution.

(10) "Residual parental rights and duties" means those rights and duties remaining with the parents after legal custody or guardianship, or both, have been vested in another person or agency, including, but not limited to, the responsibility for support, the right to consent to adoption, the right to determine the child's religious affiliation, and the right to reasonable visitation unless restricted by the court. If no guardian has been appointed, "residual parental rights and duties" also includes the right to consent to marriage, to enlistment in the Armed Forces, and to consent to major medical, surgical or psychiatric treatment.

(11) "Adjudication" means a finding by the court, incorporated in the decree, that the facts alleged in the petition have been proved.

(12) "Child placement agency" means an agency licensed to receive children for placement or adoption under Title 55, Chapter 8a, Utah Code Annotated, 1953; or an agency receiving children for placement or adoption in another state, which agency is licensed or approved for such license or approval as required bylaw.

(13) " Deprivation of custody" means transfer of legal custody by the court from a parent or the parents or a previous legal custodian to another person, agency, or institution.

(14) "Termination of parental rights" means permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order.

(15) "Probation" means a legal status crated by court order following an adjudication on the ground of a violation of law or under Section 4-3-1(1), (3) hereof, whereby the child is permitted to remain in his home under prescribed conditions and under supervision by a probation officer designated by the court subject to return to the court for violation of any of the conditions prescribed.

(16) "Protective supervision" means a legal status created by court order following an adjudication on the ground of neglect or dependency whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or dependency is provided by a probation officer or other agency designated by the court.

(17) "Neglected child" is a child found to be in one or more of the following situations:

      1. a child whose parents, guardian, or custodian has abandoned him or has subjected him to mistreatment or abuse;

      2. a child who lacks proper parental care by reason of the fault or habits of the parent, guardian, or custodian;

      3. a child whose parent, guardian, or custodian fails or refuses to provide proper or necessary subsistence, education, or medical care, including surgery or psychiatric services when required, or any other care necessary for his health, morals or well-being.

(18) "Dependent child" is a child found to be in one or more of the following situations:

      1. a child who is homeless or destitute or without proper support or care through no fault of his parent or guardian;

      2. a child who lacks proper care by reason of the mental or physical condition of the parent, guardian, or custodian.

(19) "State" means the State of Utah.

The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this Code.

 

CHAPTER 2. DUE PROCESS OF LAW TO BE AFFORDED.

§4-2-1. Procedures Established.

All provisions and procedures established herein shall be construed and applied so as to provide not less than the minimum requirements of due process of law to both children and adults subject to this Juvenile Code.

 

CHAPTER 3. JURISDICTION.

§4-3-1. Jurisdiction.

Except as otherwise specifically provided, the Juvenile Court shall have original jurisdiction over any Indian or Member child residing upon or found upon the Reservation, and over all persons having the care, custody or control of such children in the following situations:

(1) Concerning any child who has violated any Federal, State, local or municipal ordinance, or Tribal ordinance, regardless of where the violation occurred.

(2) Concerning any child who is a neglected or dependent child, as defined in Section 4-1-2 of this Code.

(3) Concerning any child who: a) being subject to compulsory school attendance, is habitually truant from school in defiance of persistent efforts by parents or school authorities; or b) habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian and is ungovernable and beyond their control to such an extent as to clearly endanger his own welfare or the welfare of others.

(4) Proceedings to terminate the legal parent-child relationship, including termination of residual parental rights and duties.

(5) For the judicial consent to marriage, employment, or enlistment of a child in the Armed Forces and to emergency medical or surgical treatment of the child.

(6) The Juvenile Court shall also have original jurisdiction of the following proceedings, which shall be governed by the laws relating thereto without regard to the other provisions of this Juvenile Code:

      1. proceedings for the adoption of a child;

      2. proceedings for the commitment of a mentally retarded or mentally ill child;

      3. all proceedings to determine the custody or to appoint a legal custodian or a guardian of the person of a child.


§4-3-2. Concurrent Jurisdiction.

When a person 18 years of age or over who is under the continuing jurisdiction of the Juvenile Court pursuant to this Code violates any federal, state, or local law, municipal or Tribal ordinance, the Tribal Juvenile Court shall have concurrent jurisdiction with the court having jurisdiction of the new offense.


§4-3-3. Transfer of Cases.

If, during the pendency of a criminal or quasi-criminal proceeding in the Tribal Court, including a preliminary hearing, it shall be ascertained that the person charged was less than 18 years of age at the time of committing the alleged offense, that Court shall transfer the case to the Tribal Juvenile Court, together with all the papers, documents and transcripts of any testimony connected therewith. The Tribal Court shall order the person to be taken forthwith to the Tribal Juvenile Court or to the place of detention designated by the Tribal Juvenile Court, or shall release him to the custody of his parent or guardian or other person legally responsible for him, to be brought before the Tribal Juvenile Court at a time designated by it. The Juvenile Court shall then proceed as provided herein.


§4-3-4. Transfer.

Exercise of jurisdiction over a child on probation or under protective supervision, or of a child who is otherwise under the continuing jurisdiction of the Court, may be transferred by the Court, if the receiving court consents, to any court with proper jurisdiction.


§4-3-5. Felony Cases.

If the petition in the case of a child 14 years of age or older alleges that he committed an act which would constitute a felony or Class A offense if committed by an adult, and if the Court after full investigation and a hearing finds that it would be contrary to the best interests of the child, or of the public, or the Tribe, to retain jurisdiction, the Court may enter an order certifying to that effect and directing that the child be held for criminal proceedings in the Tribal Court. The provisions of Chapter 11 of this Juvenile Code and other provisions relating to provisions in children's cases shall, to the extent they are pertinent, be applicable to such hearing held under this section.


§4-3-6. Jurisdiction over Adults.

The Juvenile Court shall exercise jurisdiction over any adult in the following cases:

    1. In any criminal case which the offense is one designated for the protection of children, and the Tribal Court certifies the case to the Juvenile Court for disposition. In such cases, trial of the adult in the Juvenile Court shall be handled according to the Ute Indian Rules of Criminal Procedure, and the Court may sentence the convicted adult in any manner available to the Tribal Court. Certification of such cases shall occur only when it is made to appear to the Tribal Court that some interest of the Juvenile Court in a matter pending before it will be served thereby.

    2. In any case in which a child has come within the jurisdiction of the Juvenile Court, that Court shall have authority to exercise jurisdiction over adults to the extent necessary or reasonably believed to be necessary to make a proper disposition of each case, including authority to punish for contempt committed either in or out of the Court's presence.


§4-3-7. Continuance of Jurisdiction.

Jurisdiction obtained by the Court of a child through adjudication under Chapter 13 of this Juvenile Code shall continue for purposes of this Code until he becomes 21 years of age, unless terminated prior thereto.


§4-3-8. Termination of Jurisdiction.

The continuing jurisdiction of the Court shall terminate:

    1. Upon order of the Court which may be made at any time; or

    2. Upon transfer of proceedings in felony cases under subsection 4-3-5 of this Juvenile Code.

The continuing jurisdiction of the Court is not terminated by marriage.



CHAPTER 4. POWERS AND DUTIES

§4-4-1. Powers and Duties of the Tribal Juvenile Court.

The Tribal Juvenile Court shall have the same powers and duties as provided for other Tribal Courts in this Law and Order Code.

 

CHAPTER 5. JUDGES

§4-5-1. Appointment of Judges.

Immediately following the enactment of this Code and each six years thereafter (unless a vacancy occurs earlier), the Business Committee shall appoint a judge for the Tribal Juvenile Court. Such judge shall be chosen without regard to political affiliation and on the basis of ability, judicial temperament, and special aptitude for juvenile court work. The judge of the Tribal Juvenile Court may be a member or a non-member of the Tribe and in the interest of uniformity and cooperation between the Tribal Juvenile Court, the Utah State Juvenile Court, and all Tribal, state and federal agencies concerned with the interests of children, any Judge of the Utah State Juvenile Court may be appointed as Tribal Juvenile Court Judge provided said state judge is otherwise acceptable to the Business Committee and consents to so act Any judge serving as the judge of the Tribal Juvenile Court at the time this Code is adopted, shall continue so to act


§4-5-2. Term and Salary.

A judge shall be appointed for a term of six years and until his successor is appointed, provided that in the event a state juvenile court judge is appointed, his term as Tribal Juvenile Court Judge shall not extend beyond his term or terms as State Judge. The judge of the Tribal Juvenile Court shall receive such compensation, expenses, payments and other benefits as the Business Committee shall prescribe.



§4-5-3. Temporary Appointments.

The Business Committee may appoint a judge on a temporary basis when required to take the place of a judge who is temporarily disabled or absent or for any reason unable temporarily to perform the duties of his office.


§4-5-4. Annual Reports.

The Judge of the Tribal Juvenile Court shall prepare and submit to the Business Committee an annual report of the operation of the Tribal Juvenile Court which shall include financial and statistical data, and shall report all funds received from all sources in connection with his office and the expenditure thereof.


§4-5-5. Expenditure of Funds.

The Judge of the Tribal Juvenile Courts is authorized to receive and expend any funds which may become available from the federal or state governments or any sub-divisions thereof to carry out any of the purposes of this Code; and to this end, the judge may meet any federal or state requirements not in conflict with this Code which may be conditions precedent to receiving such funds.


§4-5-6. Cooperation with Other Agencies.

The Judge of the Tribal Juvenile Court may cooperate with the Federal government in a program for training personnel employed or preparing for employment in the Tribal Juvenile Court, and may receive and expend funds from federal or state sources or from private donations for such purposes. Subject to the approval of the Business Committee, the judge of the Tribal Juvenile Court may contract with public or non-profit institutions of higher learning for the training of such personnel, may conduct short-term gaining courses of its own, and may hire experts on a temporary basis for such purposes, and may cooperate with the Utah State Department of Public Welfare and other state departments or agencies in personnel training programs.

The judge, in the exercise of his duties and in the exercise of any duties to be performed by any other officers under his supervision or control, shall utilize such social services as may be furnished by the federal or state governments to the end that the Court may be economically administered without unnecessary duplication or expense.


§4-5-7. Placement of Children.

(1) In making any decision to place children in homes or institutions other than with one or both of the natural parents of the child, the Court shall, in all cases in which such action would not obviously be contrary to the child's best interests, determine whether or not there are relatives, friends, or other persons living on the Reservation who would be willing and able to provide a suitable temporary or permanent living environment for the child. The Court shall give consideration to and due regard for Tribal or family customs relative to the raising of children and shall endeavor to place all children requiring such in homes with cultural backgrounds similar to that which the child would have enjoyed if properly raised by his natural parents.

(2) In order to enable the Court to place children in a manner consistent with the foregoing subsection, whenever possible, the Court shall make, or cause to be made, a continuing survey of Tribal members and other Indians living on the Reservation to determine the availability of homes suitable for child placement and the willingness of such persons to accept and care for placed children on either a permanent or temporary basis, or both. The Court shall, if necessary, determine the fitness of a home into which a child is to be placed, at or immediately prior to the time such placement is made.

(3) The Judge may contract, on behalf of the Tribe, with agencies or departments of the federal government, or with agencies or departments of the State of Utah or of other states, for the care and placement of children whose status is adjudicated under this Code, subject, however, to the approval of the Business Committee before expenditure of any Tribal funds.

 

CHAPTER 6. OTHER OFFICERS-APPOINTMENT, SALARY AND DUTIES

§4-6-1. Appointment of Probation Officers.

The Business Committee with the approval of the Juvenile Court Judge shall appoint such probation officers, clerks and other persons as may be required to carry out the work of the Court. Probation officers of the adult Tribal Court may serve also for the Juvenile Court, or other persons so appointed may be appointed to serve with or without pay.


§4-6-2.
Duties and Powers of Probation Officers.

The probation officer shall make preliminary inquiries and social studies, and such other investigations as the judge may direct, and shall keep written records of such investigations or studies, and shall make reports to me judge as provided in this Code or as directed by the Judge. Upon the placing of any person upon probation or under protective supervision, the probation officer shall explain to the child, if old enough, and the parents and other persons concerned, what the meaning and conditions of probation or protective supervision are and shall give them the necessary instructions. The probation officer shall keep informed concerning the conduct and conditions of each person on probation or under protective supervision and shall report thereon to the judge as he may direct. Probation officers shall use all suitable methods to aid persons on probation or under protective supervision to bring about improvements in their conduct or condition, and shall perform such other duties in connection with the care, custody or transportation of children as the Court may require. Probation officers shall have the powers of police officers for purposes of this Juvenile Code but shall, whenever possible, refrain from exercising such powers except in urgent situations in which a regular police officer is not immediately available.


§4-6-3. Clerk.

The clerk shall keep a record of the Court proceedings and shall have power to issue all processes and notices required herein, and shall perform such other duties as may be assigned by the Judge.


§4-6-4. Compensation.

The compensation and terms of employment of all employees of the Tribal Juvenile Court shall be fixed by the Business Committee.


§4-6-5. Referees - Appointment.

The Judge, with the approval of the Business Committee, may appoint a probation officer or other qualified person as referee to serve during the pleasure of the Court.


§4-6-6.
Referee's Function.

The Judge may refer any case to a referee, or he may direct that all cases of a certain class or within a certain geographical area shall be heard in the first instance by a referee, in the same manner as cases are initiated and hearings are held by the Court. At the conclusion of the hearing before him, the referee shall transmit to the judge all papers relating to the case, together with his findings and recommendations in writing. The referee shall perform the functions of the court, except for the conducting of hearings on matters not assigned to the referee, in the judge's absence.

 

CHAPTER 7. COURT

§4-7-1. Sessions.

Court sessions shall be held within the Reservation at such places and at such times as the Judge shall direct.


§4-7-2. Court Facilities.

Suitable courtrooms shall be provided by the Business Committee for the hearing of cases, and office space, equipment, and supplies for the use of the judge, officers, and employees of the Court.

 


CHAPTER 8. ADULTS

§4-8-1. Procedures Applicable.

Except when specific procedures are otherwise specified in this Juvenile Code, all matters concerning adults or the rights of any adult which come before the Juvenile Court need not be handled according to procedures established for the Tribal Court, but may be handled in an informal manner as in other juvenile cases, provided, however, that the court shall see to it that minimum standards of procedural fairness are observed.


§4-8-2. Consent to Jurisdiction by Persons Living Off the Reservation.

Any adult living off the Reservation who obtains custody of a child, however designated, from the Juvenile Court either personally or as the result of association with an agency or institution to which such custody has been awarded, shall be deemed to have consented to the jurisdiction of the Ute Indian Tribal Juvenile Court for all purposes or actions in any way related to such custody or the child subject thereto.

 


CHAPTER 9. PROCEDURE

§4-9-1. Rules of Procedure.

To the extent feasible, the rules and forms governing practice and procedure and policies followed by the Utah State Juvenile Court shall be adopted and followed in the Tribal Juvenile Court, subject, however, to the approval of the Business Committee. Copies of such rules and forms shall be made available for public inspection by the Clerk of the Juvenile Court.


§4-9-2.
Commencement of Action.

(1) Except as otherwise provided below, proceedings in children's cases before the Juvenile Court are commenced by petition.

(2) In the case of violations of motor vehicle or boating laws and ordinances, or fish and game laws and ordinances, a petition shall not be required and the issuance of a traffic or other citation or summons shall be sufficient to invoke the jurisdiction of the Juvenile Court; nor, unless the Court shall otherwise order, shall a preliminary investigation be required in such cases.

(3) Whenever the Court is informed by a police officer or any other person that a child is or appears to be within the Court's jurisdiction, the Clerk of the Court shall notify a probation officer or other designated person who shall make a preliminary inquiry to determine whether the interests of the public, the Tribe, or the child require that further action be taken. The report on the preliminary investigation shall be filed with the Court without unnecessary delay.

(4) The Court may, by rule, provide that police reports or reports by other social service related agencies having contact with or custody or supervision over a child, may be filed with the Court in lieu of a preliminary investigation, in which case, further preliminary investigation as provided herein shall not be required unless otherwise specifically ordered.

(5) On the basis of the preliminary inquiry, or other report as provided next above, the Juvenile Court Judge, or referee in his absence, may authorize a petition to be filed.

(6) As an alternative to filing a petition, the Court may, with the assistance of probation officers or other designated individuals, make such non-judicial adjustment of the case as is practicable without a petition and proceedings thereunder. Such adjustments shall be made only in cases in which the facts are admitted and establish prima facie jurisdiction in the Tribal Juvenile Court, and further provided that consent is obtained from the parents or other custodians and also from the child if, in the court's opinion, he is of suitable age and discretion. Efforts to effect a non-judicial adjustment may not extend for a period of more than two months without leave of the Judge of the Juvenile Court who may extend the period for an additional two months. A person attempting to effect such non-judicial adjustment shall have no authority to compel any person to appear at or visit any place or to produce any papers or things.


§4-9-3. Petitions - Content.

The petition shall set forth in simple and brief language the facts which bring the child within the jurisdiction of the Court, as provided in Section 4-3-1 of this Code. The petition shall further state: a) the name, age and residence of the child; b)the names and residences of his parents; c) the name and residence of his guardian, if there is one; d) the name and address of the nearest known relative if no parent or guardian is known; e) the name and residence of the person having physical custody of the child; and f) if any of the facts herein required to be stated are not known by the petitioner, the petition shall so state.


§4-9-4. Verification of Petition.

The statements in the petition may be made upon information and belief and the petition shall be verified.


§4-9-5. Petitions - Probation Officers.

The petition may be prepared and filed by a probation officer. At any time after a petition is filed, the Court may make an order providing for temporary custody of the child.


§4-9-6. Examinations.

The Court may, upon such conditions of notice and hearing, if any, as it deems best, order that a child concerning whom a petition has been filed shall be examined by a physician, surgeon, psychiatrist, or psychologist, and may place the child in a hospital or other facility for such examination. After due notice and a hearing set for this specific purpose, the Court may order a similar examination of a parent or guardian whose ability to care for the child is at issue, if the Court finds from the evidence presented at the hearing that the parents or guardian's physical, mental or emotional condition may be a factor in causing the neglect, dependency or delinquency of the child.


§4-9-7. Petitions - Dismissal.

The Court may dismiss a petition at any stage of the proceedings.


§4-9-8.
Double Jeopardy.

When a petition has been filed under this Code, the child shall not then thereafter be subject to criminal prosecution based on the facts giving rise to the petition, except as otherwise provided in this Code.


§4-9-9. Professional Attorneys.

No professional attorneys shall appear in any proceeding before the Tribal Juvenile Court unless the judge of said Court is also a professional attorney or has received professional training as a juvenile court judge and consents either generally or in a specific case to the appearance of professional attorneys. When any person is entitled to be represented by a professional attorney of his own choice and at his own expense in the Tribal Juvenile Court, he shall be so advised by the judge at the commencement of any proceedings before such court.


CHAPTER 10. SERVICE OF PROCESS AND SEARCH WARRANTS

§4-10-1. Summons - When Required.

After a petition is filed and after such further investigation as the Court may direct, the Court shall promptly issue a summons. No summons is required as to any person who appears voluntarily or who files a written waiver of service with the Clerk of the Court at or prior to the hearing.


§4-10-2. Summons - Content - Requirements.

The summons shall contain the name of the Court, the title of the proceedings, and (except for a published summons) a brief statement of the substance of the allegations in the petition. A published summons shall simply state that a proceeding concerning the child is pending in the Court and that adjudication will be made. The summons shall require the person or persons who have physical custody of the child to appear personally and bring the child before the Court at a time and place stated. If the person or persons so summoned are not the parent, parents, or guardian of the child, then a summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying them of the pendency of the case and of the time and place set for the hearing. No summons heed be issued to a parent or parents whose parental rights have been terminated.


§4-10-3. Summons - Other Persons.

Summons may be issued to any person within the jurisdiction of the Court requiring the appearance of any person whose presence the Court deems necessary.


§4-10-4. Immediate Custody of Child.

If it appears, from an affidavit or a sworn statement presented to the judge or referee, that the welfare of the child or protection of the public requires that the child be placed in detention or shelter care, when a petition is filed the judge or referee may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody or may issue a separate emergency custody or detention order for placement in a facility or with an agent as designated by the Court.


§4-10-5. Emergency Medical Treatment.

Upon the sworn testimony of one or more reputable physicians, the Court may order emergency medical or surgical treatment which is immediately necessary for a child concerning whom a petition has been filed pending the service of summons upon his parents, guardian, or custodian.


§4-10-6. Compulsory Attendance of Witnesses.

A parent or guardian shall be entitled to the issuance of compulsory process for the attendance of witness on his own behalf or on behalf of the child. A guardian ad litem or a probation officer shall be entitled to compulsory process for the attendance of witnesses on behalf of the children or on behalf of the Tribe.


§4-10-7.
Payment of Travel Expenses.

The Court may authorize the payment of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing of a case under this Code, not to exceed the amount allowed to witnesses for travel in other Tribal courts.


§4-10-8. Manner of Service - By Whom Served.

(1) Service of summons or process shall be made by an officer of the Tribal police; but upon request of the Court such service may be made by any other peace officer, or by another suitable person selected by the Court.

(2) Service of summons on the Reservation may be made by delivering a copy thereof to the person summoned; provided, however, that parents of a child living together at their usual place of abode may both be served personally by delivering to either parent copies of the summons, one copy for each parent.

(3) If the Judge is satisfied that personal service of the summons is impractical under the circumstances, he may order service by registered mail, with a return receipt requested to be signed by the addressee only, to be addressed at the last known address of the person to be served on the Reservation. Service shall be complete upon return to the Court of the signed receipt.


§4-10-9. Substituted Service - Jurisdiction.

If the parent, parents, or guardian required to be summoned under Chapter 10 hereof cannot be found within the Reservation, the fact of their child's presence within the Reservation shall confer jurisdiction on the Court in proceedings in children's cases under this Code as to any absent parent or guardian, provided that due notice has been given in one of the following manners:

(1) If the address of the parent or guardian is known, by sending him a copy of the summons by registered mail with return receipt requested to be signed by the addressee only, or by personal service outside the Reservation. Service by registered mail shall be complete upon return to the Court of the signed receipt.

(2) If the address or whereabouts of the parent or guardian outside the Reservation cannot, after diligent inquiry, be ascertained, by publishing a summons in a newspaper having general circulation on the Reservation. The summons shall be published once a week for four (4) successive weeks. Service shall be complete on the day of the last publication.


§4-10-10. Service - Time Requirement.

In the case of service on the Reservation, service completed not less than 48 hours before the time set in the summons for the appearance of the person served, shall be sufficient to confer jurisdiction. In the case of service outside the Reservation, service completed not less than five (5) days before the time set in the summons for appearance of the person served, shall be sufficient to confer jurisdiction.


§4-10-11. Search and Seizure Warrants.

If it appears to the Court upon an affidavit sworn to by a police officer or any other person, and upon the examination of other witnesses if required by the Court, that there is probable cause to believe that a child is being detained or ill-treated in any place within the jurisdiction of the Court, the Court may issue a warrant authorizing a duly authorized police officer or probation officer to search for the child: Upon serving such warrant upon the person in possession of the premises specified in the warrant, the officer making the search may enter the house or premises, if necessary by force, in order to remove the child. The officer must thereupon take the child to the Court or to the place of detention or shelter designated by the Court in accordance with Chapter 13 hereof.


§4-10-12. Disobedience - Contempt.

Any person summoned as herein provided who, without reasonable cause, fails to appear, may be proceeded against for contempt of court, and the Court may cause a bench warrant to be issued to produce such person in Court.


§4-10-13. Arrest of Parent, Guardian, or Custodian.

If the summons cannot be served, or if it is made to appear by affidavit or sworn statement to the Court that the person served will not obey the summons, or that serving the summons will be ineffectual, or that the welfare of the child requires that he be brought immediately into the custody of the Court, a warrant may be issued for the arrest of the parent, guardian, custodian, or the child, and any such warrant may be served anywhere within the jurisdiction of the Court.

 

CHAPTER 11. INVESTIGATION AND HEARINGS

§4-11-1. Social Investigations.

Whenever practicable, the Court shall require that a social investigation be made and a report be submitted to the Court in writing in all cases under §4-3-1 of this Code in which a petition has been filed, except violations of traffic, fish and game and boating laws and ordinances.


§4-11-2. Social Investigations - Scope.

The investigation shall cover the child's home environment, history and associations, the present condition of the child and family, and recommendations as to the child's future care. In cases involving the duty of support, the study shall include such matters as earnings, assets, financial obligations, and employment.


§4-11-3. Proceedings - Civil in Nature.

Proceedings in children's cases shall be regarded as civil proceedings, with the Court exercising equitable powers. Children's cases under §4-3-1 of this Code shall be handled separately from adult cases under §4-3-6 hereof.


§4-11-4. Conduct of Hearings - Informal in Manners.

Hearings in children's cases shall be before the Court without a jury and may be conducted in an informal manner. The general public shall be excluded and only such persons admitted as the Judge finds have a direct and legitimate interest in the case or in the work of the Court. The child or one of his parents may be separately interviewed at any time at the discretion of the Court. The hearing may be continued from time to time, at a date specified in the Order of the Court.


§4-11-5. Hearings - Record.

Whenever possible, or when an interested party to a proceeding bears the expense of such, a verbatim record by either stenographic or electrical or mechanical recording device shall be taken. The Court may dispense with such record in its discretion.


§4-11-6. Records - Use in Other Courts.

Neither the record in the Tribal Juvenile Court nor any evidence given therein shall be admissible as evidence against the child in any proceeding in any other Court. No child shall be charged with any crime nor be convicted in any Tribal Court except as provided in §4-3-5 of this Code.


§4-11-7. Hearings - Tribal Council.

Upon request of the Court, the Business Committee shall designate or appoint an attorney who shall represent the Tribe in the interests of the child in any proceeding in a child's case, provided the judge is also an attorney, or if not an attorney, consents to such representation.


§4-11-8. Hearings - Evidence.

For the purpose of determining proper disposition of the child, and for the purpose of establishing the fact of neglect or dependency, written reports and other materials relating to the child's mental, physical, and social history and condition, may be received in evidence, and may be considered by the court along with other evidence, but the court may require that the person who wrote the report or prepared the material appear as a witness if he is seasonably available.


§4-11-9. Consolidation of Proceedings.

When more than one child is involved in a home situation in which may be found to constitute neglect or dependency, or when more than one child is alleged to be involved in the same law violation, the proceedings may be consolidated, except that separate hearings may be held with respect to disposition.


§4-11-10. Amendment of Pleadings - Continuances.

When it appears, during the course of any proceeding in a child's case that the evidence presented points to material facts not alleged in the petition, the court may proceed to consider forthwith the additional or different matters raised by the evidence. In such event, the court, on motion of any interested party or on its own motion, shall direct that the petition be amended to conform to the evidence. The court shall grant such continuances as justice may require.


§4-11-11. Special Rules of Procedure - Traffic, Fish and Game, and Boating Violations.

The court may adopt special rules of procedure to govern proceedings involving violations by children of traffic laws or ordinances, and violations of fish and game and boating laws or ordinances.


§4-11-12. Presence of Parents - Protection of Child.

The Court shall endeavor, through the use of the warrant of arrest if necessary, as provided in Section 4-10-13 hereof, or by other means, to insure the presence at the hearing of one or both parents or of the guardian of the child. If neither of them is present, the Court may appoints guardian ad litem to protect the interests of the child. A guardian ad litem may also be appointed whenever necessary for the welfare of the child whether or not a parent or guardian is present.


§4-11-13. Ground for Re-Hearing.

A parent, guardian, custodian, or next friend of any child whose status has been adjudged under this ordinance, or any adult affected by a decree in a child's proceeding hereunder, may at any time petition the court for a new hearing on the ground 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 decree, has been discovered. If it appears to the Court that there is such new evidence which might affect its decree, it shall order a new hearing and enter such decree and make such disposition of the case as is warranted by all the facts and circumstances and the best interests of the child.


§4-11-14. Maintenance of Order During Hearings.

Upon request of the Court, the Chief of the Tribal Police or his deputy or other officer shall aid the Court in maintaining order during any hearing.

 

CHAPTER 12. ARREST AND DETENTION OF CHILDREN

§4-12-1. Arrest of Child.

A child may be taken into custody by any police officer or probation officer without order of the Court:

(1) When in the presence of the officer the child has violated a State, Federal, or local law or a municipal or Tribal ordinance;

(2) When there are reasonable grounds to believe that he has committed an act which if committed by an adult would be a felony or an offense under this Law and Order Code and there is reasonable cause for believing that such child before a warrant or other court order can be obtained may:

(a) flee the jurisdiction or conceal himself to avoid arrest; or

(b) destroy or conceal evidence of the commission of an offense; or

(c) injure or annoy another person or damage property belonging to another person.

(3) When he is seriously endangered by his surroundings, and immediate removal appears to be necessary for his protection;

(4) When there are reasonable grounds to believe that he has run away or escaped from his parents, guardian, or custodian.


§4-12-2. Citizen's Arrest of Child.

A private citizen may take a child into custody if the circumstances are such that he could make a citizen's arrest if an adult were involved. Taking a child into custody under this section shall not be deemed an arrest.


§4-12-3. Notification of Parents - Release of Child.

When an officer or other person takes a child into custody, he shall immediately notify a parent or an adult person with whom the child lives if not the parent (custodian). Such notification shall be made by contacting the parent or custodian personally or through the assistance of other officers or persons unless notification can be and is, in fact, made by phone. If a parent or custodian cannot, after due diligence, be found or contacted, then such notice shall be given to the nearest known relative or to an adult person who is well acquainted with the child. The parent or person notified shall be told why the child has been taken into custody and where the child is being held. The child shall then be released to the care of his parents or other responsible adult unless his immediate welfare or the protection of the community requires that he be detained. Before the child is released, the parent or other person to whom the child is released may be required by the person holding the child to sign a written promise, on forms supplied by the Courts, to bring the child to the Court at time set or to be set by the Court.


§4-12-4. Detention of Child.

A child shall not be detained by the Tribal Police or in a police station any longer than is reasonably necessary to obtain his name, age, residence and other identifying information, and to contact his parents, guardian or custodian. If he is not thereupon released as provided in the preceding section, he must be taken without unnecessary delay to the Court or to the place of detention or shelter designated by the Court.


§4-12-5. Detention - Report to Court.

The officer or other person who takes a child to a detention or shelter facility must notify the referee or a probation officer at the earliest opportunity that the child has been taken into custody and where he was taken; he shall also promptly file with the referee or the Court a brief written report stating the occurrences or facts which bring the child within the jurisdiction of the Tribal Juvenile Court and give the reason why the child was not released.


§4-12-6. Restrictions on Detention.

No child shall be placed or kept in a detention or shelter facility pending Court proceeding unless it is unsafe for the child or the public to leave him in the custody of his parents, guardian or custodian.


§4-12-7. Detention - Discretion of Judge.

After immediate investigation by a duly authorized officer of the Court, the Judge or other authorized officer shall, upon written promise to bring the child to the Court at a set time or without restriction, order the release of the child to his parents, guardian or custodian if it is found that he can be safely left in their care. If it is found that it is not safe to release the child, the Judge or authorized officer may order that the child be held in the facility or be placed in another appropriate facility, subject to further order of the Court.

 

CHAPTER 13. DISPOSITION OF CASES.

§4-13-1. Findings of Jurisdictional Facts - Disposition of Case.

When a child is found to come within the provisions of Section 4-3-1 of this Code, the Court shall so adjudicate, and make findings of the facts upon which it bases its jurisdiction over the child, and shall enter its decree. Upon such adjudication, the Court may make the following dispositions by Court order:

(1) Place the child on probation or under protective supervision (as these terms are defined herein) in his own home, upon conditions determined by the Court

(2) Place the child in the legal custody of a relative or other suitable person, with or without probation or protective supervision;

(3) Vest legal custody of the child in the Utah State Division of Family Services or other public agency, department, or institution, or in a child placement agency as defined herein, for placement in a foster family home or other facility, not including the Utah State Industrial School or any similar institution, and not including Utah State Hospital or the Utah State Training School or any similar institution;

(4) Commit the child to an authorized industrial school, state training school, or other training or corrective institution authorized to receive Indian children, except that a child found to come within the Court's jurisdiction solely on the ground of neglect or dependency under Section 4-3-1 of this Code, may not be committed to an industrial school or any other similar institution within or without the State of Utah;

(5) The Court may commit the child to an institution or facility for short-term confinement or for the purpose of study and evaluation that may be established or may accept children in accordance with accepted standards for the care and treatment of delinquent children;

(6) Place the child in an approved Indian boarding school, on a ranch, a forestry camp, or other camp or a similar facility, for care, and for work, if possible, provided that the person, agency or association operating the facility has been approved by the Business Committee, or has otherwise complied with all applicable Tribal, state and local laws. The child placed in a forestry camp or similar facility may be required to work on fire prevention, forestation, and reforestation, recreational works, forest roads, and on other works on or off the grounds of such facility, and may be paid wages, all subject to the approval of, and under conditions set by, the Court;

(7) If the Court has assurance that the responsibility to make payments will rest on the child, and not on his parents, guardian, or custodian, it may order that the child be required to make restitution for damage or loss caused by his wrongful acts, and may impose fines not to exceed $500.00;

(8) Arrange for employment or work programs, to enable children to fulfill their obligations under Subsection 7 of this Section, and for other purposes when deemed desirable by the Court;

(9) In cases of violations of traffic laws or ordinances, the Court may, in addition to any other disposition, restrain the child from driving for such period of time as the Court deems necessary, and may take possession of the child's driver's license;

(10) Order that the child be examined or treated by a physician, surgeon, psychiatrist, or psychologist, or that he receive other special care, and for such purposes may place the child in a hospital or other suitable facility;

(11) Appoint a guardian for the child where it appears necessary to do so in the interest of the child, and may appoint a public or private institution or agency in which legal custody of the child is vested, as such guardian.


§4-13-2. Primary Consideration - Welfare of the Child.

(1) In placing a child under the guardianship or legal custody of an institution or of a private agency or institution, the Court shall give primary consideration to the welfare of the child, but whenever practicable, may take into consideration the religious references of the child and his parents, and shall consider the factors set forth in Section 4-5-7 above.

(2) No child found to come within the jurisdiction of the Court under Section 4-3-1 shall be committed to or placed in an institution or facility established for the care and rehabilitation of delinquent children unless such child is found delinquent for the commission of an act that would be a crime or offense if committed by an adult or unless said child has once before within a period of six months been found to be within the jurisdiction of the Court under Section 4-3-1(3).


§4-13-3.
Establishment of Conditions by Court.

In support of a decree under Section 4-3-1 of this Code, the Court may make an order setting forth reasonable conditions to be complied with by the parents, the child, his custodian, or any other person who has been made a party to the proceedings, including, but not limited to, restrictions on visitations by the parents or one parent, restrictions on the child's associates, occupation and other activates, and requirements to be observed by the parents or custodian.


§4-13-4. Hospitalization of Child.

With respect to a child within the jurisdiction of the Court under Section 4-3-1 hereof, the Court may order hospitalization in an authorized hospital if the Court finds, upon due notice to the parents or guardian and a special hearing conducted in accordance with any applicable laws and regulations, that the child is (1) mentally ill, and (2) because of his illness is likely to injure himself or others if allowed to remain at liberty, or is in need of custody, care or treatment in the mental hospital.


§4-13-5. Commitment to Training School.

The Court may make an order committing a child within its jurisdiction to an authorized training school if the child has been found mentally deficient in accordance with the provisions of applicable law and regulation.


§4-13-6.
Termination of Parental Rights.

The Court may terminate all parental rights, provided it complies with the provisions of Chapter 15 hereof.


§4-13-7. Other Disposition of Cases.

The Court may make any other reasonable orders which are for the best interests of the child or are required for the protection of the public, except that no child may be committed to prison or any child under 16 years of age to jail upon adjudication under this Code. The Court may combine several of the above listed modes of disposition where they are compatible.


§4-13-8. Review of Cases.

An order under this Chapter for the placement a child with an individual or an agency shall include a date certain for review of the case by the Court, with a new date to be set upon each review.

 


CHAPTER 14. JUDGMENTS AND ORDERS.

§4-14-1. Judgments - Inoperative After Age 21.

No judgment, order or decree of the Tribal Juvenile Court shall operate after the child becomes twenty-one years of age.


§4-14-2.
Orders - Termination - Renewals.

An order vesting legal custody of a child in an individual, agency, or institution shall be for an indeterminate period, but shall not remain in force longer than two years from the date it is entered unless, within the two-year period, the Court, after notice to the parties and a hearing, shall have reviewed the order and found its renewal necessary to safeguard the welfare of the child or the public interest, in which case the order shall be extended for a two-year period. The findings of the Court and the reasons therefor shall be entered with the review order or with the order denying renewal. The provisions of this Section shall not apply when a child has been properly committed to an industrial school.


§4-14-3.
Orders - Modifications.

The Court may modify or set aside any order or decree made by it; but no modification of an order placing a child on probation shall be made upon an alleged violation of the terms of probation, until there has been a hearing after due notice to all persons concerned. Notice and a hearing shall also be required in any other case in which the effect of modifying or setting aside an order may be to deprive a parent of the legal custody of the child, to place the child in an institution or agency, or to transfer the child from one institution or agency to another, except that transfer from one foster home to another may be effected without notice and hearing.


§4-14-4. Orders of Termination - Notice.

Notice of an order terminating probation or protective supervision shall be given to the parents, guardian, custodian, and, where appropriate, to the child.


§4-14-5. Court Adjudication - Not Criminal in Nature.

An adjudication by the Tribal Juvenile Court that a child is within its jurisdiction under Section 4-3-1 of this Ordinance shall not be deemed a conviction of a crime.

 

CHAPTER 15. CUSTODY OF CHILDREN

§4-15-1. Parent's Preferred Right to Custody.

Before depriving any parent of the custody of his or her child, the Court shall give due consideration to the preferred right of parents to the custody of their children, as expressed in Section 4-1-1 hereof, and shall not transfer custody to another person, agency, or institution, unless the Court finds from all the circumstances in the case that the welfare of the child or the public interest requires that the child be taken from his home.


§4-15-2.
Termination of Parental Rights.

The Court may decree a termination of parental rights as defined herein concerning a child within the purview of Section 4-3-1 hereof, if the provisions of Chapter 15 are complied with. The rights of one parent may be terminated without affecting the rights of the other parent.


§4-15-3.
Parental Rights - Grounds for Termination.

The rights of the parent or parents may be terminated if the Court finds:

(1) That the parent or parents are unfit and incompetent by reason of conductor condition seriously detrimental to the child; or

(2) That the parent or parents have abandoned the child. It shall be prima facie evidence of abandonment that the parent or parents, although having legal custody of the child, have surrendered physical custody of the child, and for a period of one year following such surrender have not by some affirmative act manifested to the child or to the person having the physical custody of the child an intention to resume physical custody or to make arrangements for the care of the child; or

(3) That after a period of trial, during which the child was kept in his own home under protective supervision or probation, or during which the child was returned to live in his own home, the parent or parents substantially and continuously or repeatedly refused or failed to give the child proper parental care and protection.


§4-15-4.
Procedure for Terminating Parental Rights.

A termination of parental rights maybe ordered only after a hearing is held specifically on the question of terminating the rights of the parent or parents. A verbatim record of the proceedings must betaken and the parties must be advised as to their rights to counsel, in the event the judge is a duly licensed attorney. No such hearing shall be held earlier than 10 days after service of summons is completed inside or outside of the state in accordance with Chapter 10 hereof. The summons must contain a statement to the effect that the rights of the parent or parents are proposed to the permanently terminated in the proceeding. The statement may be made in the summons originally issued in the proceeding or in a separate summons subsequently issued.


§4-15-5.
Parental Rights - Order Terminating - Contents - Appeals.

Every order terminating the rights of one or both parents shall recite the facts upon which the Court bases it jurisdiction over the child and shall include the findings upon which the decree is based. Unless there is an appeal within three months from the entry of the order, the order permanently terminates all rights of the parents or the parent involved.


§4-15-6.
Action of Court After Termination of Parental Rights.

Upon the entry of an order terminating the rights of the parent or parents, the Court may (a) place the child for adoption under applicable law and regulations; or (b) make any other disposition of the child authorized under Chapter 13 hereof.


§4-15-7.
Parental Rights - Right of Non-Terminated Parent.

If the rights of only one parent have been terminated, the right of the other parent to consent to adoption is not affected by an order placing the child for adoption as provided in the preceding section.


§4-15-8. Parental Rights - Voluntary Surrender.

Nothing contained in this section shall preclude a parent or parents from surrendering permanent legal custody voluntarily by instrument in writing, duly acknowledged, for purposes of adoption, and in accordance with applicable laws and regulations.


§4-15-9.
Proceedings to Return Custody to Parent, Guardian, Etc.

A parent, guardian, or next friend of a child whose legal custody has been transferred by the Court to an individual agency, or institution, except an industrial school, may petition the Court for restoration of custody or other modification or revocation of the decree, on the ground that a change of circumstances has occurred which requires such modification or revocation in the best interest of the child or the public. The Court shall make preliminary investigation, and may dismiss the petition if it finds that the alleged change of circumstances, if proved, would not affect the decree. If the Court finds that a further examination of the facts should be had, or if the Court on its own motion determines that the decree should be reviewed, it shall conduct a hearing upon due notice to all persons concerned, and may thereupon enter an order continuing, modifying, or terminating the decree.


§4-15-10. Limitations on Parent's Right to Regain Custody.

No petition by a parent may be filed under the preceding Section after his or her parental rights have been terminated in accordance with this chapter.


§4-15-11. Custody - Rights and Duties.

An agency granted legal custody shall have the right to determine where and with whom the child shall live, provided that placement of the child does not remove him from the Reservation without Court approval. An individual granted legal custody shall exercise the rights and responsibilities involved in legal custody personally, unless otherwise authorized by the Court.


§4-15-12. Custody - Agency - Duty of Court.

Whenever legal custody of a child is vested in an institution or agency, the Court shall transmit with the court order copies of any reports and other information pertinent to the care and treatment of a child. The institution or agency shall give the Court any information concerning the child that the Court may at any time require.


§4-15-13. Modification and Revocation of Custody Orders.

An individual, agency, or institution vested with legal custody of a child may petition the Court for modification or revocation of the custody order on the ground that such change is necessary for the welfare of the child or in the public interest. The Court shall proceed upon such petition in the same manner as upon a petition filed under Section 4-15-9 hereof.

 

CHAPTER 16. SUPPORT OF CHILDREN

§4-16-1. By Parents.

When legal custody of a child is vested by the Court in an individual or agency other than his parents or an industrial school, the Court may in the same or any subsequent proceeding inquire into the ability of the parents, a parent, or any other person who may be obligated, to support the child and to pay any other expenses of the child, including the expense of any medical, psychiatric, or psychological examination or treatment provided under order of the Court. The Court may, after due notice and a hearing on the matter, require the parents or other person to pay the whole or part of such support and expenses, depending on their financial resources and other demands on their funds. The amounts so required to be paid shall be paid at such intervals as the Court may direct, and unless otherwise ordered, payment is to be made to the clerk of the Tribal Juvenile Court for transmission to the person or agency having legal custody of the child or to whom compensation is due. The clerk of the Court shall have authority to receive periodic payments towards the care and maintenance of the child, such as social security payments made in the name of or for the benefit of the child.


§4-16-2. Procedure for Payment.

No court order issued under the preceding Section against a parent or other person shall be entered, unless summons has been served on the Reservation or a voluntary appearance is made or a waiver of service given. The summons shall specify that a hearing with respect to the financial support of the child will be held.


§4-16-3. Enforcement of Support Orders.

(1) An order entered under Section 4-16-1 against a parent or other person may be enforced by contempt proceedings, and shall also have the affect of a civil judgment at law. In addition to other remedies, the Court may issue an order to any employer, trustee, financial agency, or other person, firm, or corporation on the Reservation, indebted to the parents or either of them, or indebted to any other person ordered to make payment under this Code, to withhold and pay over to the clerk of the Court, moneys due or to become due not in excess of the lesser of the following:

(a) the amount ordered to be paid by the Court under §4-16-1 hereof, or

(b) one-fourth of the amount due or becoming due the parent or other person at each regular or usual pay day or day of disbursement.

(2) A copy of such order shall, if possible, be served on the parents or either of them adjudged liable and either the parents or parent or the indebted party may request a hearing to determine the property of the order or the extent of the indebtedness.

(3) No property of the parents, or either of them, shall be exempt from execution to enforce collection of the amounts ordered to be paid by the Court under this Section, except that property held in trust by the United States shall be subject to the conditions of the trust.


§4-16-4.
Support From Other Sources.

If the Court finds that the parents are unable to pay for full or partial support, examination, treatment, and other expenses of the child and that no other provision for the payment of such support and expenses has been made, or if the parents or other person obligated to pay under court order issued under this Chapter have failed to make such payment, or if summons could not be served on the reservation upon the parents or other person under Section 4-16-2 hereof, the Court shall request the Tribal Public Welfare Division or any other, public or tribal agency or department of the United States or the State of Utah with funds available for such purposes to pay for such support and other expenses and if such department or agency consents, it shall be so ordered by the Court.


§4-16-5. Payments Directly to Agency - Report to Court- Visits.

Payment for child support may be made to a non-governmental agency in whom the Court vests legal custody, provided that the agency shall make periodic reports to the Court concerning the care and treatment the child is receiving and his response to such treatment. Such reports shall be made at such intervals as the Court may direct, and shall be made with respect to each child at least every 6 months. The agency shall also afford an opportunity for a representative of the Court to visit the child as frequently as the Court deems necessary.

 

CHAPTER 17. APPEALS

§4-17-1. Procedure.

An appeal to the Tribal Appellate Court may betaken from any order, decree, or judgment of the Tribal Juvenile Court. Such appeal shall be taken in the same manner in which appeals are taken from judgments or decrees of the Tribal Court. Except as provided in Section 4-15-5 of this Code, the appeal must be taken within one month from the envy of the order, decree, or judgment appealed from.


§4-17-2. Stay Pending Appeal.

Unless the Court stays its order, the pendency of an appeal shall not stay the order or decree appealed from in a child's case. Where the order or decree appealed from directs a change of legal custody of a child, the appeal shall be heard and decided at the earliest practicable time. The name of the child shall not appear on the record on appeal.



CHAPTER 18. MISCELLANEOUS PROVISION

§4-18-1. Disobedience - Contempt.

Any person who willfully violates or refuse to obey any order of the Court, may be proceeded against for contempt of Court.


§4-18-2. Payment of Fines, Penalties, Etc.

Except as otherwise provided bylaw, all fines, penalties, and forfeitures imposed and collected by the Court shall be paid out as the Business Commute shall direct.


§4-18-3. Filing Fees - Witness Fees - Travel Expenses, Etc.
- By Whom Payable.

There shall be no fee for filing a petition under Section 4-3-1(1) and (2) of this Code, nor shall any fees be charged by any tribal officer for the service of process or for attendance in court in any such proceedings. Witness fees shall be payable in accordance with Section 4-10-7 of this Code. Such fees and expenses, the cost of publication of summons, and the expense of a trial of an adult person, when approved by the Court, shall be paid by the Tribe.


§4-18-4. Records To Be Kept - Accessibility.

The Court shall keep such records as may be required by the Judge. Records in children's cases shall be withheld from public inspection; but the Court Records shall be open to inspection by the parents or guardian, other parties in the case, the attorneys, and agencies to which custody of a child has been transferred; and with the consent of the Judge, Court Records may be inspected by the child, by persons having a legitimate interest in the proceedings, and by persons conducting pertinent research studies. Probation records and reports of social and clinical studies shall not be open to inspection, except by consent of the Court.


§4-18-5. Short Title.

This Code shall be known and may be cited as the Juvenile Code.

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