Yankton Sioux Tribal Code
Last Revised: 1995
TITLE IV- YANKTON SIOUX TRIBAL DEPENDENT, NEGLECTED AND DELINQUENT CHILDREN CODE
Sec. 4-1-1 Words And Phrases Defined
All persons under the age of eighteen (18) years, subject to the jurisdiction of the Yankton Sioux Indian Tribal Court, and for the purposes of this Code only, shall be considered wards of the Yankton Sioux Indian Tribe and their persons shall be subject to the care, guardianship and control of the Court as hereinafter provided. For the purpose of this Code the phrase "dependent child" or "neglected child" shall mean any child who is a Tribal charge, or any orphan; any child deserted by both its parents, which orphan or deserted child has no suitable home or abode; any child of any infirm, indigent, or incompetent person; any child of any person who is supported in whole or in part by public charity; any child having no suitable home or abode who has no proper or parental care or guardianship, or who has a home, which, by reason of neglect, cruelty, or depravity on the part of its parents, guardian, or any person in whose care it may be, is an unfit place for such child; any child having vicious, corrupt, or immoral parents or who is in the custody of vicious, corrupt or immoral influences; any child whose father, mother, or guardian is a habitual drunkard or a person of notorious or scandalous conduct or a reputed thief or prostitute or habitual idler, or who habitually permits it to frequent places for the purposes of begging or securing alms, or to frequent the company or consort with reputed thieves or prostitutes with or without such mother, father, or guardian, or who by any other act, example, or by vicious training depraves the morals of such child; any child employed to lead blind persons in the streets or highways for the purpose of begging; any child playing instruments of music or singing in public or other places where liquor is sold or served, or on the street or public highways; any child of any person confined in a penal or charitable institution; or any child in the possession of any person not the parent or lawful guardian thereof or next of kin of such child.
The phrase "delinquent child" means any child who, while under the age of eighteen (18) years, is incorrigible, or intractable by parents, guardian, or custodian; who knowingly associates with thieves, vicious, or immoral persons; who, without cause and without consent of its parents, guardian, or custodian, absents itself from its home or place of abode; who is growing up in idleness or crime; who fails to attend school regularly without proper reason therefor, of compulsory school age; who repeatedly plays truant from school; who does not regularly attend school and is not otherwise engaged in any regular occupation or employment but loiters and idles away its time; who knowingly frequents or visits any gambling establishment or place where any gaming device is operated; who patronizes, visits, or frequents any saloon or dram shop where intoxicating liquors are sold or served; who frequents or patronizes any wineroom or dance hall operated in connection with or a house of ill-fame or saloon; who visits, frequents, or patronizes with one of the opposite sex in any restaurant or other place where liquors may be purchased or served; at any lodging house, hotel, motel, or other place, with one of the opposite sex, at night time with the evident purpose of concealing their acts; who wanders about the streets in the night time without being on any lawful business or lawful occupation, or habitually wanders about any storage yard, area, warehouse or other private or business place; who writes or uses vile, obscene, vulgar, profane, or indecent language, or smokes cigarettes or uses tobacco in any form; who drinks intoxicating liquors anytime, or at any place; or, who is guilty of indecent or lascivious conduct; or, who violates any law, ordinance, code or resolution of this Tribe, other than a law or ordinance respecting the operation of a motor vehicle upon the highways, streets, or alleys of the Yankton Sioux Indian Reservation, provided however, that a child who violates a law or ordinance of this Tribe respecting the operation of a motor vehicle upon the highways, streets or alleys of this Reservation shall not, for the purpose of this Code, be considered a delinquent child.
The word "association" shall include any association, institution, facility, or corporation which includes in its purposes the care or disposition of children coming within the meaning of this Code.
The disposition of any child under this Code, or any evidence given in such cause, shall not, in any civil, criminal, or other cause or proceeding in any Court be lawful or proper evidence against such child for any purpose, except in subsequent cases against same child under this Code; nor shall the names of any child in connection with any proceeding under this Code be published in any newspaper or announced in or by other news media without a written order of the Court, and any such publication or announcement may be punished for disobedience to a lawful order of the Court.
Sec. 4-1-2 Reciprocal Enforcement Of Support Obligations
A. Purpose of Section. The purposes of this Section are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.
B. Definition of Terms. As used in this Section, unless the context requires otherwise:
1. "Reservation" or "Tribe" include any Reservation or Indian Tribe in which this or a substantially similar reciprocal law has been enacted.
2. "State" includes any State, territory, or possession of the United States and the District of Columbia in which this or a substantially similar reciprocal law has been enacted.
3. "Initiating State" or "Indian Reservation" means any State or Indian Reservation in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.
4. "Responding State" or "Reservation" means any State or Reservation in which any proceeding pursuant to the proceeding in the initiating State or Reservation is or may be commenced.
5. "Court" means the Tribal Court of this Tribe and when the context requires, means the Court of any other State as defined in a substantially similar reciprocal law.
6. "Law" includes both common and statute Tribal law.
7. "Duty of Support" includes any duty of support imposed or imposable by law, or by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, judicial separation, separate maintenance or otherwise.
8. "Obligor" means any person owing a duty of support.
9. "Obligee" means any person to whom a duty of support is owed.
C. Support Duties Determined by Law of the Tribe or State where Obligor Found--Presumption as to Presence in State. Duties of support applicable under this Section are those imposed or imposable under the laws of any Tribe or State where the obligor was present during the period for which support is sought. The obligor is presumed to have been present in the responding Reservation or State during the period for which support is sought until otherwise shown.
D. Obligor Bound Despite Absence of Obligee. Duties of support arising under the law of this Reservation and State of South Dakota, when applicable under Section 4, bind the obligor, present in this Reservation or State, regardless of the presence or residence of the obligee.
E. Support Duties Enforceable by Action - Tribal Court Jurisdiction. All duties of support are enforceable by action irrespective of relationship between the obligor and the obligee. Jurisdiction of all proceedings hereunder shall be vested in the Tribal Court.
F. Reimbursement Rights of Tribe - State or a Political Sub-division Furnishing Support. Whenever the Tribe, a State or a political subdivision thereof furnishes support to an obligee, it has the same right to invoke the provisions hereof as the obligee to whom the support was furnished for the purpose of securing reimbursement of expenditures so made and of obtaining continuing support.
G. Contents and Verification of Complaint - Information Identifying Defendant. The complaint shall be verified and shall state the name and, so far as known to the plaintiff, the address and circumstances of the defendant and his dependents for whom support is sought and all other pertinent information. The plaintiff may include in or attach to the complaint any information which may help in locating or identifying the defendant, including but without limitation by enumeration, a photograph, a description of any distinguishing marks on his person, other names and aliases by which he has been or is known, the name of his employer, his fingerprints, or social security number.
H. Complaint for Minor Obligee by Person Having Legal Custody. A complaint on behalf of a minor obligee may be brought by a person having custody of the minor without appointment as guardian ad litem.
I. Tribal and/or Prosecuting Attorney to Represent Plaintiff. The Tribal and/or prosecuting attorney, upon request of the Tribal Court shall represent the plaintiff in any proceeding under this Section.
J. Finding of Duty and Jurisdiction by Court of Initiating Reservation or State-Papers Transmitted to Responding State or Tribe. If the Tribal Court acting as an initiating entity finds that the petition sets forth facts from which it may be determined that the defendant owes a duty of support and that a Court of the responding State or Reservation may obtain jurisdiction of the defendant or his property, it shall so certify and shall cause three (3) copies of the complaint, its certificate, and this Section, to be transmitted to the Court in the responding State or Reservation.
K. Papers Transmitted to State or Tribal Information Agency when Court Unknown. If the name and address of the Court in the responding State or Reservation is unknown and the responding State or Tribe has an information agency comparable to that established in the State of South Dakota or this Reservation, it shall cause the copies required by Paragraph 10 to be transmitted to the Tribal or State information agency or other proper official of the responding State or Tribe, with a request that it forward them to the proper Court, and that the Court of the responding State or Tribe acknowledge their receipt to the Court of the initiating Tribe or State.
L. Jurisdiction Steps Taken by Tribal Court. When the Tribal Court of the Reservation, acting as a responding Reservation, receives from the Court of an initiating State or Tribe, the aforesaid copies, it shall:
1. Docket the cause;
2. Notify the prosecuting or Tribal attorney and the proper South Dakota State's Attorney;
3. Set a time and place for a hearing; and
4. Take such action as is necessary in accordance with the laws of this Reservation to obtain jurisdiction.
M. Advice to Initiating Court When Information as to Defendant is Inadequate. If a Court of this State or Indian Reservation, acting as a responding State or Tribe is unable to obtain jurisdiction of the defendant or his property due to inaccuracies or inadequacies in the complaint or otherwise, the Court shall communicate this to the Court in the initiating State or Reservation, and shall on its own initiative, use all means at its disposal to trace the defendant or his property, and shall hold the case pending the receipt of more accurate information or an amended complaint from the Court in the initiating State or Reservation.
N. Process to Prevent Flight From Jurisdiction by Defendant. When the Tribal Court, acting either as an initiating or responding entity has reason to believe that the defendant may flee the jurisdiction it may:
1. As an initiating entity request in its certificate that the Court of the responding State or Reservation obtain the body of the defendant by appropriate process if that be permissible under the laws of the responding State or Reservation; or
2. As a responding entity, obtain the body of the defendant by appropriate process.
O. Jurisdiction in Other Proceedings Not Conferred by Participation. Participation in any proceedings under this Section shall not confer upon any Court jurisdiction of any of the parties thereto in another proceedings.
P. Marital Communications not Privileged -Husband and Wife as Witnesses. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this Section. Husband and wife are competent witnesses to testify to any relevant matter, including marriage and parentage .
Q. Order of Support or Reimbursement by Responding Court. If the Court of the responding State or Reservation finds a duty of support, it may order the defendant to furnish support or reimbursement therefor and subject the property of the defendant to such order.
R. Copy of Orders Transmitted to Initiating Court. The Tribal Court, when acting as a responding entity, shall cause to be transmitted to the Court of the initiating State or Reservation a copy of all orders of support or for reimbursement therefore.
S. Previous Support Orders Not Superseded - Payments Applied to Both. Any order of support issued by the Tribal Court, when acting as a responding State shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period pursuant to either order shall be credited against amounts accruing for the same period under both.
T. Enforcement of Support Orders by Responding Court. In addition to the foregoing powers, the Tribal Court when acting as the responding entity has the power to subject the defendant to such terms and conditions as the Court may deem proper to assure compliance with its orders and in particular:
1. To require the defendant to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the Court may deem proper to assure payment of any amount required to be paid by the defendant;
2. To require the defendant to make payments at specified intervals to the Clerk of the Court or the obligee and to report personally to such Clerk at such times as may be deemed necessary;
3. To punish the defendant who shall violate any order of the Court to the same extent as is provided by law for Contempt of the Court in any other suit or proceeding cognizable by the Court.
U. Transmittal of Payments and Statements from Responding to Initiating Court. The Tribal Court when acting as a responding entity shall have the following duties which may be carried out through the Clerk of the Court:
1. Upon receipt of payment made by the defendant pursuant to any order of the Court or otherwise, to transmit the same forthwith to the Court of the initiating, State or Reservation; and
2. Upon request to furnish to the Court of the initiating State or Reservation a certified statement of all payments made by the defendant.
V. Receipt and Disbursement of Payments by Initiating Court. The Tribal Court when acting as an initiating entity shall have the duty, which may be carried out through the Clerk of the Court, to receive and disburse forthwith all payments made by the defendant or transmitted by the Court of the responding State or Reservation .
W. Tribal President's Power to Demand or Grant Interstate Extradition. The Tribal President of this Reservation and Tribe:
1. May demand from the Governor or any other State or President of any other Reservation the surrender of any person found in such other State or Reservation who is charged on this Reservation with the crime of failing to provide for support of any person on the Reservation; and
2. May surrender on demand by the Governor or Tribal President of any other State or Reservation any person found in this Reservation who is charged with the crime of failing to provide for the support of a person in such other State or Reservation .
X. Relief from Extradition During Compliance with Support Order. An obligor contemplated by Section 4-1-23 and 4-1-24, who submits to the jurisdiction of the Court of such other State or Reservation and complies with the Court's order of support, shall be relieved of extradition for desertion or non-support entered in the Court of this Reservation during the period of such compliance.
Y. Uniformity of Interpretation of Section. This Section shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States and Reservations which enact it.
Z. Section Additional to Other Remedies. The remedies herein provided are in addition to and not in substitution for any other remedies.
AA. Severability of Provisions. If any provisions of this Section or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of this Section which can be given without the invalid provision or application, and to this end the provisions of this Section are declared to be severable.
Sec. 4-1-3 Jurisdiction
The Yankton Sioux Tribal Court shall have original jurisdiction in all proceedings coming within the terms and provisions of this Code.
Sec. 4-1-4 Record
The finding of the Court shall be entered in a book or books to be kept for the purpose and known as the "Juvenile Record", and the Court may for convenience be called the "Juvenile Court."
Sec. 4-1-5 Petition
Every proceeding under this Code shall be instituted by petition on behalf of the Yankton Sioux Indian Tribe and in the interests of the child and the Tribe, but with due regard to the rightful parents and others directly interested; and, in any proceeding the child shall be dealt with, protected, and cared for as a ward of the Tribe .
Sec. 4-1-6 Who May File A Petition
Any person of age twenty-one (21) years or older, may file with the Clerk of Court, a petition in writing, setting forth that a certain child, naming it, within the jurisdiction of the Yankton Sioux Tribal Court, is either dependent, neglected, or delinquent, as defined by Section 1 of this Code; and, that it is for the interest of the child and the Tribe that the child be declared to be a neglected, dependent, or delinquent child and that the child be taken from its parents, custodian, or guardian and placed under guardianship of some suitable person to be appointed by the Court, and that the parents, custodian, or guardian of such child are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate, control, or discipline such child or that the parent, parents, guardian, or custodian consent that such child be taken from them. The petition shall also set forth the name, or that the child is unknown to the petitioner, of the person having the custody of such child, of each of the parents or the surviving parent of a legitimate child; if it is alleged that both parents or such mother is dead , then the guardian of such child, if any; if it is alleged that both parents or such mother is dead and that no guardian is known to the petitioner, then of a near relative, or that none is known to the petitioner. The Petitioner shall also state the residence of such parties, so far as the same is known to the petitioner. The petition shall be verified by the affidavit of the petitioner, which may be upon information and belief.
Sec. 4-1-7 Notice
Upon filing of such petition, the Judge(s) or Clerk of Court shall issue a notice, which may be in the form of a citation or summons fixing the day and hour of the hearing of such petition, directed to the custodian, parent, parents, or guardian of such child, if any, and if the petition shows that such persons are unknown to the petitioner, then to "All Whom it May Concern", which designation and notice given by publication, as provided in this Code, it being sufficient to authorize the Court to hear and determine the action as through the parties had been mentioned and described by their proper names. Such notice shall require the person alleged to have custody of such child to appear with the child at the time and place stated in the summons or citation. Such citation or summons may be served by any person authorized by the Court, even though such person be the petitioner. Such summons or citation shall be personally served upon the parent, parents, custodian, relatives, or guardian of the child if such person resides within the Yankton Sioux Indian Reservation, except as otherwise provided in this Code; and may be served upon such person, if without the Reservation, by like personal service or by publication as provided in this Code; such service to be made not less than five (5) days before the time fixed for the hearing of such petition. Such summons or citation shall require the persons therein named to appear on such day and hour and to show cause, if they may have, why such child shall not be declared by the Court to be a dependent or neglected or delinquent child and dealt with accordingly or otherwise cared for.
Sec. 4-1-8 Waiver Of Notice
In case one or both of the parents, or if there be no parents, a near relative, custodian, or guardian who shall endorse on a petition a request that the child be declared to be a dependent or delinquent child, or if such parents, guardian, near relative, or custodian shall, in writing, or by voluntary appearance or otherwise, waive such notice, it may not be issued and the Court may thereupon proceed to an examination and hearing and determine the dependency or delinquency of such child and its care, custody, discipline, or disposition and the rights of any person or persons thereto.
Sec. 4-1-9 Publication
Whenever it shall appear from the petition, or from affidavit signed in the cause, that any person to whom notice should be given resides or has gone outside of the Yankton Sioux Indian Reservation, or on due inquiry cannot be found or is concealed within the Yankton Sioux Indian Reservation, or that his place of residence is unknown so that the summons or citation cannot be served upon him, or whenever any person is affected by the designation, "All to Whom it May Concern", the judge(s) or Clerk of Court shall cause the summons or citation to be published once in some newspaper of general circulation published on the Yankton Sioux Indian Reservation, and if none be published on the Reservation, then in a newspaper published in the nearest place to the Reservation; such publication to be made not less than five (5) days prior to the day of hearing on the petition. Such Judge(s) or Clerk of Court shall also, within one (1) day after the publication of such summons or citation, send a copy thereof by mail, addressed to each person to whom notice should be given, whose place of residence is stated in the petition, and who shall not have been served personally with the summons or citation. Notice given by publication as required by this Code shall be the only publication notice required either in the case of residence, non-residence, or otherwise. The certificate of the Clerk of Court or Judge(s) that he has sent such notice in pursuance of this Code shall be evidence thereof. Every person to whom notice is given and all others interested affected by the designation "All to Whom it May Concern", may appear and answer either in writing or orally in open Court at the time and place set for the hearing; which answer shall have no greater weight as evidence that the petition. In default of an answer at the time or times herein specified, or at the time to which such proceedings may have been continued, the petition may be taken as confessed. In case no person to whom notice is given answers or appears, the Court may appoint some probation officer or Indian resident of the Reservation to represent the child in Court.
Sec. 4-1-10 Child Produced In Court
The summons or citation shall require the person having the custody of such child to appear with the child at the time and place stated therein, and shall also require all persons to whom notice is given to appear and answer the petition at time and place stated. If the person having custody or control of the child shall fail, without reasonable cause, to bring the child into Court and to appear in person with the child, he may be proceeded against as in case of Disobedience to a Lawful Order of the Court. In case the summons or citation shall be returned and not served upon the person having custody or control of the child, or such person fails to obey the same, and in any case when it shall be made apparent to the Court by affidavit, which may be on information and belief, that such summons or citation will be ineffectual to secure the presence of the child, a warrant may be issued by the Court either against both the parents, or either one of them, or the guardian or person having the custody or control of the child or with whom the child may be, or against the child itself, to bring such person into Court. On default of the custodian of the child, or on his appearance or answer, or on the appearance in person of the child in Court with or without the summons or citation or other process, or on the answer, default, or appearance, or written consent to the proceedings thereto by the parents to whom notice was given, or as soon thereafter as may be, the Court shall proceed to hear the evidence. The Court may, in any case when the child is not represented by any person, appoint some suitable person to act on behalf of the child. At any time after the filing of the petition and pending the final disposition of the case, the Court may continue the case from time to time and may allow the child to remain in the possession of its custodian or its own home subject to the friendly visitation of a probation officer or it may order the child to be placed in the custody of a probation officer of the Court, or of any other suitable person appointed by the Court, or to be kept in a suitable place provided by the Tribe, or committed to detention facilities. In case a warrant is issued for the child, any officer authorized by the laws of the Yankton Sioux Tribe or the United States Government to make arrests, may take such child into custody, and bring him before the Court, but in any such case where a warrant is issued for the child, the Court or other officer may accept the verbal or written promise of the parent or guardian or other person notified under the provisions of 4-1-7, or other persons having custody of the child, to be responsible for the presence of the child at the hearing of such case, or any other time to which the same may be adjourned or continued by the Court. In case the child shall fail to appear at such time or times as the Court may require, the person or persons responsible for its appearance, unless in the opinion of the Court there shall be a reasonable cause for the failure of such child to appear, may be proceeded against as in case of Disobedience to a Lawful Order of the Court and punished accordingly; and, where any such child shall have failed to appear, as required by the Court or its officer, any warrant issued is such case may be executed as in other
Sec. 4-1-11 Disposition Of Dependent Or Neglected Child
If the Court shall find any child under the age of twenty-one (21) years to be dependent or neglected within the meaning of this Code, the Court may allow such child to remain at its own home subject to the friendly visitation of a probation officer, or the Court may make such other orders or impose such other conditions as may be necessary and proper and for the best interests of the child. If the parent, parents, or guardian are unable or unwilling to care for, protect, train, educate, or discipline such child, and that it is for the interest of such child and of the people of this Reservation that such child be taken from the custody of the parent, parents, custodian, or guardian, the Court may make an order appointing as guardian of the person of such child some reputable person of good moral character and other such guardian to place such child in some suitable family home or other suitable place which such guardian may provide for such child, or the Court may enter an order committing such child to some suitable institution, within the jurisdiction of the Court, organized for the care of dependent or neglected children, or to be committed to detention pending disposition of said child through administrative procedures.
Sec. 4-1-12 Guardianship
In every case under this Code where the child is committed to an institution, the Court shall appoint a responsible person as guardian over such child, and shall order such guardian to place such child in such institution, whereof he is such officer or official, and to hold such child, care for, train and educate it, subject to the rules and laws that may be in force from time to time governing such institutions.
Sec. 4-1-13 Disposition Of Delinquent Child
If the Court shall find any child under the age of eighteen (18) years to be delinquent within the meaning of this Code, the Court may allow such child, upon such terms and conditions as the Court may require, to remain at its own home subject to the friendly visitation of a supervisor or probation officer, such child to report to the supervisor or probation officer and to the Court as often as may be required, and if the parents, parent, guardian, or custodian consent thereto, or if the Court shall further find either that the parent, parents, guardian, or custodian are unfit or improper guardians or are neglecting or are unwilling to care for, protect, train, educate, or discipline such child and shall further find that it is for the interest of such child and of the people of this Reservation that such child be taken from the custody of its parents, parent, guardian, or custodian, the Court may appoint some proper person or supervisor, guardian over the person of such child and permit it to remain at home under such conditions as the Court may require, or order the guardian so appointed to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable family home and make such orders and provisions as may be necessary for the payment of its board; or, the Court may commit such child to any institution within the jurisdiction of the Court, or to detention facilities as provided. In every case where such child is committed to an institution, the Court shall appoint an officer or official of such institution guardian over the person of such child, and shall order such guardian to place such child in such institution whereof he is an officer or official and to hold such child, care for, train and educate it, subject to the rules and laws that may be in force from time to time governing such institution.
Sec. 4-1-14 May Permit Prosecution
The Court may, in its discretion, in any case of a delinquent child, permit such child to be proceeded against in accordance with the laws, ordinances, and resolutions that may be in force on the Reservation, governing the commission of crimes which are within the jurisdiction of the Yankton Sioux Tribal Court. In such case the petition filed under this Code shall be dismissed.
Sec. 4-1-15 Medical Treatment
The Court may, when the health or condition of any child found to be dependent, neglected, or delinquent requires it, order the guardian to cause such child to be taken to the U.S. Public Health Service facilities as provided, for examination, observation, treatment, or special care, as may be requested by, or deemed necessary by the US Public Health Service officials.
Sec. 4-1-16 Certified Copy Of Order
Any child found to be dependent, neglected, or delinquent, as defined by this Code, and awarded by the Court to a guardian, institution or detention facility shall be held by such guardian, institution, or detention facility, as the case may be, by virtue of the order entered of record in such case, and the Clerk of Court shall issue and cause to be delivered to such guardian, institution or detention facility a certified copy of such order of the Court, which shall be proof of the authority of such guardian, institution or detention facility with respect to such child and no other process need issue to warrant the keeping of such child. The guardianship under this Code shall continue until the Court shall, by further order otherwise direct, but not after such child or any person interested in such child may from time to time, upon a proper showing, apply to the Court for the appointment of a new guardian or the restoration of such child to the custody of its parents or for the discharge of the guardian so appointed.
Sec. 4-1-17 Return To Parents
Whenever it shall appear to the Court, before or after the appointment of a guardian under this Code, that the home of the child or of its parents, former guardian, or custodian is a suitable place for such child, and that such child should be permitted to remain or ordered to be returned to such home consistent with the public good and the good of the child, the Court may enter an order to that effect, returning such child to his home under probation, parole, or otherwise; it being the intention of this Code that no child shall be taken away or kept out of its home or away from its parents or guardian any longer than is reasonably necessary to preserve the welfare of the child and the interests of this Reservation. No such order shall be made without first giving ten (10) days notice to the guardian, or institution to whose care such child shall have been committed, unless such guardian or institution consents to such order; provided that this Section shall not apply to any child surrendered to any institution for the purpose of adoption.
Sec. 4-1-18 Report Of Guardian
The Court may from time to time cite into Court the guardian, institution, to whose care any dependent, neglected or delinquent child has been awarded, and require him or it to make a full, true, and perfect report as to his or its doings on behalf of such child; and it shall be the duty of such guardian or institution, within ten (10) days after such citation, to make such report either in writing, verified by affidavit, or verbally under oath in open Court, or otherwise as the Court shall direct, and upon the hearing on such report, with or without further evidence, the Court may, if it deems proper, remove such guardian and appoint another in his stead, or take such child away from the institution and place it in another, or restore such child to the custody of its parents or former guardian or custodian; provided, however, that the Court shall not have authority under this Section, or the preceding Section, to return or restore any such child to the custody of his parents, or either of them, after the lapse of sixty (60) days following the delivery of a written instrument of surrender for the purpose of adoption of such child, executed after the birth of such child by the parents of such child, or by its mother, if the child be illegitimate, except:
A. On a clear showing of fraud or duress with respect to the execution and delivery of such surrender; or
B. With the consent of the legal custodian of such child.
Sec. 4-1-19 Taken Before The Court
Whenever any child under the age of eighteen (18) years is arrested, with or without warrant, such child shall be taken directly before the Court if in session, or if not in session, at the next regular session, and in such case the Court may proceed to hear and dispose of the case in the same manner as if such child had been brought before the Court upon petition originally filed therein as provided in this Code; or when necessary, the Court may direct that such child be kept in proper custody pending a scheduled hearing at a later date and time. In any event, a minor child may not be held longer than thirty six (36) hours without a review and further commitment by a judge or magistrate.
Sec. 4-1-20 Tribal Court And Delegated Agency Supervision
All institutions receiving children under this Code shall be subject to visitation and inspection by the Tribal Court or an agency to which the Tribal Court has delegated its power and authority, and it shall be the duty of such personnel to pass upon the fitness of every such institution as may receive or desire to receive children under this Code. Upon such personnel of the Tribal Court being satisfied that such institution is competent and has adequate facilities to care for such children, they shall record in their official records a joint certificate to that effect, which certificate shall continue in force for one (1) year unless sooner revoked by agreement of the Tribal Court. No child shall be committed to any such institution which there shall not have been recorded such certificate within eighteen (18) months last preceding the commitment. The Court may, at any time, require from any institution receiving or desiring to receive children under the provisions of this Code, such reports, information, and statements as the Chief Judge shall deem proper or necessary for his action, and the Court shall in no case be required to commit a child to any institution whose standing, conduct, or care of children, or ability to care for the same, is not satisfactory to the Court.
Sec. 4-1-21 Religious Preferences
The Court in committing or appointing a guardian for any child under the provisions of this Code shall, as far as practicable, place such child in the care and custody of some individual holding the same religious belief as the parents of such child, or with some institution which is controlled by persons of like religious faith.
Sec. 4-1-22 Adoption
Whenever the petition filed as provided in 4-1-5, or a supplement petition filed at any time after the appointment of a guardian for any child coming under the provisions of this Code, shall pray that the guardian appointed or to be appointed shall be authorized to consent to the legal adoption of the child, and the persons to whom notice of such application should be given have been notified as provided in 4-1-7, and the Court upon hearing shall find that it is to the best interests of the child that the guardian be given such authority, the Court may, in its order appointing such guardian or in a subsequent order, authorize him to appear in Court where any proceeding for the adoption of such child may be pending and to consent to such adoption, and such consent shall be sufficient to authorize the Court where the adoption proceeding is pending to enter a proper order or decree of adoption without further notice to or consent by the parents or relatives of such child.
Sec. 4-1-23 Supervisor
The Tribal Court shall have authority to appoint any number of discreet persons of good moral character, to serve without compensation as supervisors, at the pleasure of the Court. All supervisors provided by this Section shall take an oath such as may be required by the Chief Judge, to perform their duties, which oath, together with the order appointing such supervisors, shall be filed in the office of the Clerk of Courts, and they shall possess all the power and authority of Tribal police officers or contract law enforcement officers to make arrests and perform any other duties ordinarily required or performed by Tribal police officers or contract law enforcement officers which may be incident or convenient to the performance of supervisory duties. If any supervisor shall have been appointed by the Court, it shall be the duty of the Clerk of Courts, if practicable, to notify such supervisor in advance when any such child is to be brought before the Court; it shall be the duty of such supervisor to make such investigation as may be required by the Court; to be present in Court in order to represent the interest of the child when the case is heard; to furnish to the Court such information and assistance as the Judge may require; and, to take charge of the child before and after trial, as may be directed by the Court.
Sec. 4-1-24 Support
If it shall appear upon the hearing of the cause that the parent, parents, or any person named in such petition who is by law liable for the support of such child, is able to contribute to the support of such child, the Court shall enter an order requiring such parent, parents, or other person to pay to the guardian so appointed or to be appointed, or to the institution to which such child may be committed, a reasonable sum from time to time for the support, maintenance, or education of such child; and, the Court may order such parent, parents, or other person to give reasonable security for the payment of such sum or sums, and upon failure to pay, the Court may enforce obedience to such order by proceedings as for Disobedience to a Lawful Order of the Court; the Court may, on application and on such notice as it may direct, from time to time make such alterations in the allowances as shall appear reasonable and proper.
Sec. 4-1-25 Order Relating To Support
If a person so ordered to pay for support, maintenance, or education of a dependent, neglected or delinquent child shall be employed for wages, salary, or commission, the Court may order that the sum to be paid by him shall be paid to the guardian or institution out of his wages, salary or commission, and that he shall execute an assignment thereof pro tanto. The Court may also order the parent of the person ordered to pay the sum of money for support, maintenance, or education of the child, from time to time to make discovery to the Court as to his place of employment and the amount earned by him. Upon his failure to obey the order of the Court, he may be punished as for Disobedience to a Lawful Order of the Court.
Sec. 4-1-26 Procedure
All hearings under provisions of this Code shall be informal in their nature, conducted under such rules and regulations as the Court may prescribe and designed to inform the Court fully as to the exact status of the child and to ascertain its history and environment and the past and present physical, mental, and moral condition of the child, and of its parents, custodian, guardian, or relatives and for that purpose, the Court may require such child to be examined by a physician of the US Public Health Service or of a licensed South Dakota health care facility, which physician shall be requested to make a report thereof in writing to the Court. Upon the trial or hearing of cases arising under this Code, the Court shall exclude the general public from the room wherein such trial or hearing is to be held, admitting only such persons as may have direct interest in the case, witnesses, officers of the Court, and accredited persons interested in the study of social conditions. The records of all such cases may be withheld from indiscriminate public inspection at the discretion of the Court; but such records shall at all times be open to the inspection of any child to whom the same relates, and to his parents or guardians. For the purposes of this Section the records of juvenile probation officers shall be deemed records of the Court. No adjudication under the provisions of this Code shall operate as a disqualification of any child for any public office, and no child shall be denominated as a criminal by reason of such adjudication, nor shall such adjudication be denominated a conviction.
Sec. 4-1-27 Powers Of Court
The Court committing any child under the provisions of this Code to any individual, institution, or detention facility shall have the power at any time after making such commitment, and as long as the child is committed to the custody of such individual, institution or detention facility, upon proper showing, to order the discharge of such child from such commitment or that such child be restored to its parents or placed under the guardianship of some other person appointed by the Court and placed in some suitable family home for adoption or otherwise as the Court may order. Such hearing or showing shall demonstrate that the welfare and best interests of such child will be promoted by its discharge from commitment to such individual, institution, or detention facility and that the responsible person shall receive notice of such application and may appear and resist the same. The Court shall also have power to make all orders relative to children committed by such Court in order to apply the benefits of this Code to such children, and for the purpose of reclaiming such children the Court may send its process to any county of the several states who may recognize such process.
Sec. 4-1-28 Officers Of The Court
It shall be unlawful for any Court, Clerk, or other person to tax or collect any fees otherwise permitted by law to be taxed or collected in any action concerning any child coming within the provisions of this Code for violating any of the ordinances or codes of this Tribe, unless such child shall be proceeded against under the provisions and in accordance with the purposes of this Code, except where the Court shall direct a criminal proceeding as provided by the Code.
Sec. 4-1-29 Guardianship Of Person
Nothing in this Code shall be construed to give any guardian appointed under its provisions the guardianship of the estate of any child or to change the age of minority of any child for any purpose except the custody of a child who has been found to be dependent, neglected, or a delinquent child under the provisions of this Code.
Sec. 4-1-30 Jury Impaneled, When
All cases coming within the provisions of this Section of the Code shall be heard by the Court except that the Court may, on its own motion, order a jury of six (6) to try the case.
Sec. 4-1-31 Disobedience Of Court
Any person who shall interfere with the direction of disposition of any child under any order of the Court made in pursuance of the provisions of this Code, or with any supervisor, probation officer or other officer of the Court in carrying out the orders of the Court, shall be held for Disobedience of a Lawful Order of the Court and subject to punishment as provided for such offense.
Sec. 4-1-32 Appeal
An appeal may be taken to the Tribal Appellate Court from any order, judgment, or decree of the Tribal Court under the provisions of this Code, within the time and manner provided for in other hearings or trials.