Ponca Tribe of Nebraska Tribal Code
TITLE III CHILD WELFARE
CHAPTER 6 CHILDREN IN NEED OF SUPERVISION
Section 3-6-1. Purpose
Section 3-6-2. Definition of Child in Need of Supervision
Section 3-6-3. Temporary Custody/Circumstances Requiring Release
Section 3-6-4. Medical or Mental Health Care for the Child
Section 3-6-5. Decree of Disposition
Section 3-6-6. Probation Officers
Section 3-6-7. Revocation of Probation
The purpose of this Chapter is to establish an effective tribal system for children in need of supervision.
Ponca Tribe of Nebraska Code § 3-6-1, PTN Code § 3-6-1
In this Chapter, the term “child in need of supervision” means:
(1) Any child of compulsory school age as defined by state law, who is habitually absent from school without legal excuse; or
(2) Any child who has run away from home or is otherwise beyond the control of the child's parents, guardian or custodian; or
(3) Any child whose behavior or condition endangers the child's own welfare or the welfare of others.
Ponca Tribe of Nebraska Code § 3-6-2, PTN Code § 3-6-2
A child alleged to be in need of supervision may be taken into custody under the provisions of Section 3-4-7. A child taken into temporary custody by a law enforcement officer prior to a temporary custody hearing shall be released to the child's parent, guardian or custodian unless the child's parent, guardian or custodian cannot be located. A child may not be placed in detention unless the Court finds that the parents, guardian or custodian are not available or are not suitable to care for the child, and finds at least one of the following circumstances to exist:
(1) The child has failed to comply with court services or a court ordered program;
(2) The child has demonstrated propensity to run away from home, flee from court-ordered placement outside of the child's home or flee from agencies charged with providing temporary care for the child; or
(3) The child is under court ordered detention; or
(4) There are specific articulated circumstances that justify the detention for the protection of the child.
The shelter or detention provided shall be at the least restrictive alternative available.
Ponca Tribe of Nebraska Code § 3-6-3, PTN Code § 3-6-3
The Court may order the child to be examined or treated by a physician or qualified mental health professional or to receive other special care may place the child in a hospital or other suitable facility for such purposes.
Ponca Tribe of Nebraska Code § 3-6-4, PTN Code § 3-6-4
Upon adjudication as a child in need of supervision, the Court shall enter a decree of disposition according to the least restrictive alternative available in the best interests of the child. The Court decree shall contain any of the following:
(1) Placement of the child on probation;
(2) Placement of the child under protective supervision with the custody of one or both parents, guardian, custodian, relative or another suitable person under conditions imposed by the Court;
(3) Placement of the child in a detention facility;
(4) Order the child to pay restitution for any damage done to property under conditions set by the Court if payment can be enforced without serious hardship to the child;
(5) Placement of the child in a group care facility or a foster home under supervision of a court services officer;
(6) Order the child to be examined and treated at a place suited to the needs of the child;
(7) Order traditional/cultural forms of treatment or care which may be appropriate for the child's needs, only with the consent of the parent, guardian or custodian;
(8) Order the child to perform community service.
The terms and conditions of probation and the progress of each child placed on probation shall be reviewed at least once every six (6) months. The court may release a child from probation or modify the terms and conditions of the child's probation at any time. Any child who has satisfactorily complied with the terms, conditions and duration of probation shall be released from probation.
Ponca Tribe of Nebraska Code § 3-6-5, PTN Code § 3-6-5
Any child who has been adjudicated delinquent may be placed under the supervision of a probation officer.
Ponca Tribe of Nebraska Code § 3-6-6, PTN Code § 3-6-6
The following provisions apply when a petition is filed alleging that a child has violated the terms and conditions of probation:
(1) The Court shall set a hearing on the alleged violation and shall give five (5) days notice to the child, or to the child's parents, guardian or custodian;
(2) The child and the child's parents, guardian or custodian shall be given a written statement concerning the alleged violation;
(3) If the Court finds by preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation or take other action permitted by this Chapter, according to the least restrictive alternative which is in the best interests of the child, the public and the Tribe;
(4) If the Court finds that the child did not violate the terms and conditions of probation as alleged, the Court shall dismiss the proceedings and continue the child on probation under the terms and conditions previously prescribed.
Ponca Tribe of Nebraska Code § 3-6-7, PTN Code § 3-6-7