Yomba Shoshone Tribe Law and Order Code
Approved: 2001
TITLE NINE - JUVENILE PROCEEDINGS
A. Jurisdiction
B. Definitions
C. Complaints of Delinquency and Dependency
D. Petitions of Delinquency or Dependency
E. Hearings Upon Petitions of Delinquency or Dependency
F. Disposition of Cases After Finding of Delinquency
or Dependency
G. Proceedings and Records of Juvenile Court
H. Termination of Parents Rights
I. Use of Professional Services by the Juvenile Court
J. Facilities for Custody or Detention of Children
K. School Attendance
L. Acts of Juvenile Delinquency
M. Restitution
Sec. 1 Jurisdiction Over Children
When sitting as the Juvenile Court, the Tribal Court shall have jurisdiction over all allegedly delinquent, delinquent or dependent Indian children within the boundaries of the Reservation.
Sec. 2 Jurisdiction Over Adults
When sitting as the Juvenile Court, the Tribal Court shall have such jurisdiction over Indian adults within the boundaries of the Reservation, as is incidental to its jurisdiction over Indian children, and as may be necessary to accomplish the purposes of this Title.
Sec. 1 Adult
A person who has attained the age of 18 years.
Sec. 2 Child A person under the age of 18 years.
Sec. 3 Delinquent Child
Any child who has committed an act which would be an offense if committed by an adult, or who has committed an act specifically designated an act of juvenile delinquency by this Title.
Sec. 4 Dependent Child
a. A child:
(1) who has been abandoned by his or her parents, guardian, or custodian; or,
(2) who is being or has been subjected to cruelty, or physical, sexual, or emotional abuse by or with the knowledge or acquiescence of his or her parents, guardian or custodian or,
(3) who lacks the parental care and control necessary for his or her well-being because of the failure or inability of his or her parents, guardian, or custodian to provide such care and control; or,
(4) who for any reason is deprived of the subsistence, education, medical care, or any care or necessities essential to his or her well being; or,
(5) whose parents, guardian, or custodian are for any reason unable to discharge their parental responsibilities to and for the child; or,
(6) who has been placed for care or adoption in violation of the Indian Child Welfare Act.
Sec. 5 Parental Care and Control
The supervision, direction, discipline, and responsibility for the welfare which reasonably must be exercised by a parent, guardian or custodian for the well-being of a child.
Sec. 6 Parental Responsibility
The duty of a parent, guardian or custodian to supervise, control, care for, discipline, and provide the necessities of life for a child.
C. COMPLAINTS OF DELINQUENCY AND DEPENDENCY
Sec. 1 Form and Contents
a. Form - Complaints of delinquency or dependency shall comply with any form established by rule of the Juvenile Court, and shall contain the information required in Subsection "b".
b. Contents - Complaints of delinquency or dependency shall contain at least the following information:
(1) The name, age, and address if known, of the child alleged to be delinquent or dependent.
(2) The name and address if known, of the parent, guardian, or custodian of the child.
(3) For complaints of delinquency:
(a) A statement of the nature of the alleged offense, with sufficient factual details to establish that an offense probably has been committed, with written reference to the specific provision of the Tribal Code violated by the alleged offense.
(4) For complaints of dependency:
(a) A statement of the facts and circumstances upon which the allegation of dependency is based, with sufficient factual detail to establish that the child probably is dependent as defined in Chapter B, Section 3, of this Title, and with written reference to the specific provision of this Title upon which the dependency is based.
(5) The name and address of the person filing the complaint
(6) The signature of the person filing complaint, certifying that the information contained in the complaint is true and correct to the best of his knowledge.
Sec. 2 Filing of Complaints
a. Complaints shall be filed with the Tribal Prosecutor, the Court Clerk or with some other official designated by the Tribal Judge.
b. A complaint may be filed by any person who has personal knowledge of the facts set forth in the complaint, or by a law enforcement officer or social services worker acting upon his own knowledge, or in response to information received from any person, after investigation of such information to verify its correctness.
Sec. 3 Custody of a Child Before Filing of a Complaint
a. Standards:
(1) Allegedly delinquent children may be detained or placed in custody before the filing of a complaint only if such detention is necessary for the welfare of the child or for the safety and protection of the public.
(2) Allegedly dependent children may be removed from the custody of the parents, guardian, or custodian or may be detained before the filing of a complaint only if such action is necessary for the safety, health, or welfare of the child.
(3) Before the filing of a complaint, allegedly delinquent or dependent children may be detained, placed in the custody, or removed from the custody of their parents, guardian, or custodian only by a Tribal law enforcement officer, social services worker or other person designated by the Tribal Council.
b. Time Limit - An allegedly delinquent or dependent child may be detained or placed in custody for only the period of time reasonably necessary to determine whether a complaint should be filed. In no event may such detention exceed 24 hours in length.
c. Place of Detention - An allegedly delinquent or dependent child may be detained or placed in custody, only in detention facilities approved pursuant to this Title and shall be confined in an area separate and distinct from any area where adults are confined. An allegedly dependent child shall be detained or placed in custody, only in a facility approved pursuant to this Title, and shall not be kept in custody with allegedly delinquent children.
d. Advisement of Rights - Allegedly delinquent or dependent children, at the time they are detained or placed in custody, shall be advised:
(1) The reason that they have been taken into custody.
(2) Of their right to retain a representative as counsel, at their own expense.
(3) Of their right to remain silent, to answer questions concerning the alleged offense and their right to avoid self-incrimination.
(a) These rights shall be given to a dependent child even though he or she has not be accused of any offense.
e. Informing the Parents, Guardian, or Custodian - When an allegedly delinquent or dependent child is detained or placed in custody, the parents, guardian or custodian of the child shall be notified immediately if possible, and in any case as soon as practical, that the child is in custody, and the reason for and circumstances surrounding such action. When so notified, if applicable, the parents, guardian or custodian shall be advised of their rights to retain a representative as counsel, at their own expense, to refuse to answer questions, and to avoid self-incrimination, and also shall be advised that the child has the same rights.
Sec. 4 Preliminary Investigation of Complaints
The Tribal law enforcement officer, social services worker or Tribal Prosecutor shall conduct an investigation of all complaints filed, to determine whether the allegation of the complaint is correct, with the Tribal Prosecutor making the final determination for prosecution purposes.
Sec. 5 Custody of Child After Filing of Complaint
of Delinquency or Dependency
a. Ground for Taking Into Custody - Following the filing of a complaint of delinquency or dependency, all allegedly delinquent or dependent child may be taken into or retained in custody only is such custody is necessary for the safety, health, or welfare of the child or of other persons or is essential for the safety of the community.
b. Procedure:
(1) Complaints of Delinquency - Upon being taken into custody, an alleged delinquent child immediately shall be advised of his right to retain a representative as counsel, his right to refuse to answer questions concerning the alleged offense, and his right to avoid self-incrimination. As soon as practical after a child is taken into custody, the parents, guardian, or custodian of the child shall be notified that the child is in custody, shall be provided free of charge a copy of the complaint, shall be advised of the circumstances surrounding the alleged offense, and shall be advised of the child's rights.
(2) Complaints of Dependency - Upon being taken into custody, an allegedly dependent child, if of sufficient age and understanding, shall be advised of the allegations of dependency, the circumstances upon which these allegations are based, and the right of the child to retain a representative as counsel. As soon as practical after an allegedly dependent child is taken into custody, the parents, guardian or custodian of such child shall be provided free of charge with a copy of the complaint, shall be advised of the circumstances upon which the allegation of dependency is based, and shall be advised of their right to retain a representative as counsel, and if applicable, their right to refuse to answer questions concerning the allegation, and their right to avoid self-incrimination.
c. Place of Custody:
(1) An allegedly delinquent child, if taken into custody, shall be detained in a detention facility approved pursuant to this Title and shall be confined in an area separate and distinct from any area where adults are confined.
(2) An allegedly dependent child, if taken into custody, shall be placed in the temporary custody of any relative by blood or marriage of the child's parents, guardian, or custodian, or in a foster home or custody facility approved pursuant to this Title. Placement in the temporary custody of a relative shall be preferred. Such placement being subject to the continuing supervision of the social services agency. Allegedly dependent children shall not be retained in custody in the same facility with allegedly delinquent children.
d. Preference for Release of Child From Custody - In all cases, release of an allegedly delinquent child from detention or foster care custody to the temporary custody of the child's parents, guardian or custodian shall be favored. In the case of an allegedly independent child, preference shall be given to the placement of the child in the temporary custody of a relative of the parents, guardian or custodian, if the welfare of the child requires that it be removed from the custody of its parents, guardian or custodian.
e. Mandatory Release of Child From Detention or Custody - If an allegedly delinquent or dependent child as provided in this Section, the complaint of delinquency or dependency must be disposed of by the law enforcement officer or social services worker, as provided for in this Title, within 10 Tribal working days of the commencement of custody. If the complaint is not so disposed of, the child shall be released into the custody of its parents, guardian or custodian no later than 7:00 P.M. of the tenth working day. In addition, the complaint shall be dismissed, and no complaint based on the same facts shall be filed concerning that child unless a petition is filed within 10 Tribal working days of the commencement of custody. If the parent, guardian or custodian is not available to take custody of the child, the child shall be treated as an allegedly dependent child, and the law enforcement officer or social services worker shall make every effort to locate the child's parent, guardian or custodian.
f. Continuing Custody - The custody provisions set forth in this Section, shall be applicable until the end of a disposition hearing conducted pursuant to this Title.
Sec. 6 Disposition of Complaints
a. Following the completion of a preliminary investigation, the law enforcement officer or social services worker shall make one of the following dispositions of a complaint:
(1) Dismissal
(2) An informal conference attended by the officer or worker, the allegedly delinquent or dependent child, the parents, guardian, or custodian of the child, the parents, or both, if desired by either.
(3) Submission of the preliminary investigation to the Tribal Prosecutor for review and filing of a petition of delinquency or dependency, if evidence supports such action.
b. If an informal conference is held, no petition of delinquency or dependency shall be filed, based upon the facts alleged in the complaint, if:
(1) A disposition or resolution of the complaint is agreed to, in writing, by all parties at the conference.
(2) And all actions required on the part of any party to implement the disposition or resolution are carried out or completed.
Sec. 7 Report of Disposition of Complaints
All complaints of delinquency or dependency, reports of the disposition of complaints, and reports of the substance of all informal conferences conducted and dispositions and resolutions made, shall be provided to the Juvenile Court on the scheduled Tribal Court day, or more often if needed.
D. PETITIONS OF DELINQUENCY OR DEPENDENCY
Sec. 1 Filing
Petitions of delinquency or dependency shall be filed with the Juvenile Court Clerk by the Tribal Prosecutor after being submitted, to him, by the law enforcement officer or social services worker upon the completion of their investigation and their consideration of the complaint, and a determination that the matter can not be resolved by an informal conference.
Sec. 2 Form and Contents
a. Form - A petition of delinquency or dependency shall comply with any form established by Juvenile Court rule and shall contain the information required in Subsection "b".
b. Contents - Petitions shall include the following:
(1) A caption or heading which clearly identifies the child involved and states the nature of the petition.
(2) Data concerning the child, including the name, date of birth, and permanent address, if known.
(3) Data concerning the parents, guardian, or custodian of the child including their names addresses, and relationship to the child, if known.
(4) The present custodial status of the child, and the length of time the child has been in custody or detention.
(5) Specific facts sufficient to invoke the jurisdiction of the Juvenile Court, and to establish that probable cause exists for the filing of the petition.
(6) A statement by the law enforcement officer or social services worker explaining why disposition by an informal conference was not appropriate.
Sec. 3 Service of Petitions
a. The following persons shall be served with a copy of a petition of delinquency or dependency:
(1) The allegedly delinquent or dependent child.
(2) The parent, guardian, or custodian of the child, if known and if not known, the most closely related known blood relative.
(3) The person in actual physical custody of the child.
E. HEARINGS UPON PETITIONS OF DELINQUENCY OR DEPENDENCY
Sec. 1 Time of Hearings
a. Time Limit - The Juvenile Court shall hold a hearing upon every petition filed within 14 days after the filing. If a hearing is not held as required, the petition shall be dismissed and no petition based upon the same facts subsequently shall be filed concerning the child named in the complaint.
b. Times Excluded From Limit - The following times shall be excluded from computation of the time limited established in Subsection "a", above:
(1) Delays resulting from legal action concerning the child.
(2) Continuances requested by the child's representative in delinquency proceedings.
(3) Continuances requested by the child's representative or the parent's, guardian's or custodian's representative in dependency proceedings.
(4) Periods during which the child is absent from the Court's jurisdiction.
(5) Continuances requested by the prosecution, for good and sufficient cause.
(6) Continuances agreed to by all parties
(7) Such other periods of time as are necessary and appropriate, in the discretion of the Court, to further the ends of justice, and which will not prejudice any party.
c. Continuances:
(1) Defined - Continuances are delays in the holding of a hearing.
(2) Granting Continuances - In the discretion of the Court, continuances may be granted after the start of a hearing upon application of any party or upon the motion of the Court. Continuances shall not be granted for the purpose or with the effect of avoiding the application of Subsection "a", of this Section.
Sec. 2 Conduct of Hearings
Upon petitions of delinquency or dependency, the Tribal Court shall conduct the hearings at the Juvenile Court following the proceedings of the Juvenile Court.
Sec. 3 Persons Permitted to Attend Hearings
a. The following persons shall be permitted to attend hearings upon petitions of delinquency or dependency:
(1) The allegedly delinquent or dependent child, and the child's representative.
(2) The parents, guardian, or custodian of the child and their respective representative.
(3) Officer's of the Court (Court Clerk and Tribal Prosecutor).
(4) Any law enforcement officer or social services worker involved in the case.
(5) Any other interested persons, with the permission of and in the discretion of the Court.
Sec. 4 Rights of Parties at Delinquency and Dependency
Hearings
An allegedly delinquent or dependent child, and the parents, guardian or custodian of such child, each are individually entitled to all rights of a criminal defendant at a hearing upon a petition and at all stages of every juvenile proceeding, except as otherwise specifically provided in this Title.
Sec. 5 Evidence at Delinquency and Dependency Hearings
Evidence at hearings upon petitions of delinquency or dependency shall be admissible in accordance with the Rules of Evidence set forth in Title Six of this Code.
Sec. 6 Procedure at Delinquency and Dependency Hearings
Procedure at hearings upon petitions of delinquency or dependency shall be in accordance with the general Rules of Court established pursuant to Title One of this Code, and such special Juvenile Court rules as may be established by the Court and approved by the Tribal Council.
Sec. 7 Findings of Juvenile Court
After hearing and considering the evidence introduced at the trial, the Juvenile Court shall make a finding. The finding shall state that an allegedly dependent child is or is not delinquent. Upon a motion of the Court, and with the agreement of all parties, a hearing may be continued for an agreed period of up to three months before the making of a finding. At the end of the agreed time, a finding shall be made of every juvenile proceeding, except as otherwise specifically provided for in this Title.
Sec. 8 Standard of Proof to be Applied by the Juvenile
Court
a. In Hearings Upon Delinquency Petitions - To find that the child is delinquent, the Court must find that the evidence establishes beyond a reasonable doubt that the child committed the acts alleged in the complaint and petition of delinquency, which acts would have been offenses if committed by an adult, or which acts are specifically made acts of juvenile delinquency by this Title.
b. In Hearings Upon Dependency Petitions - To find that a child is dependent, the Court must find that the evidence establishes that it is more probable than not that the allegations of dependency in the complaint and petition are true and correct, which allegations constitute dependency as defined in this Title.
Sec. 9 Appeals of Finding
Findings made by the Juvenile Court may be appealed in the same manner as provided in the Tribal Law and Order Code for criminal conviction appeals. In all appeal proceedings, the Appeals Court shall conduct closed sessions and shall follow all the provisions of this Title relating confidentiality of Juvenile Court proceedings.
F. DISPOSITION OF CASES AFTER FINDING OF DELINQUENCY
OR DEPENDENCY
Sec. 1 Pre-Disposition Reports
To aid in the proper disposition of a case following a finding of delinquency or dependency, the Court may request the preparation of a pre-disposition report. Such a report shall be prepared by the social services agency or Juvenile Probation office at the direction of the Court. The report shall contain all relevant information concerning the history and present condition of the child and of the child's parents, guardian or custodian, and other relatives of the child, which will assist the Judge in making a proper disposition of the case. The report shall also list the Tribal and community resources which are available to implement a disposition, and may, if requested by the Judge, include a suggested disposition. A predisposition report shall not be prepared before a finding is made. A copy of the predisposition report shall be provided to the child, the parents, guardian or custodian of the child, and the representatives of each, no less than 48 hours before the disposition hearing.
Sec. 2 Disposition Hearing
Within and no more than two weeks after a finding of delinquency or dependency is made, the Juvenile Court shall conduct a disposition hearing. At the disposition hearing, the Court shall consider the predisposition report, if any, and shall receive any additional evidence which the parties wish to present relating to an appropriate disposition for the case. The procedure followed and the Rules of Evidence applied at a disposition hearing shall be the same as at delinquency and/or dependency hearings.
Sec. 3 Disposition for Children Adjudged Delinquent
The Juvenile Court shall take legal custody of a child found delinquent. A child found delinquent may be returned to the physical custody of his parents, guardian or custodian, or may be placed in an approved foster home or in an approved detention facility Any type of placement may be combined with continued supervision by social services personnel of such type and in such a manner as the disposition states and impose such other conditions as are fair and equitable, serve the interest of rehabilitating the delinquent child and protecting the community. If a child is removed from the physical custody of his parents, guardian or custodian, reasonable rights of visitation shall be afforded to such parents, guardian or custodian.
Sec. 4 Disposition of Child Adjudged Dependent
The Juvenile Court shall take legal custody of a child found dependent. A child found dependent may be returned to the physical custody of his parents, guardian or custodian, may be placed in the physical custody of a relative by blood or marriage of his parent, guardian or custodian, or may be placed in an approved foster care home. Any type of placement may be combined with continued supervision by social services personnel of such type and in such manner a the Court may specify. The Court may direct such other disposition and impose such other conditions as are fair and equitable, serve the best interest of the child, and promote family integrity and stability. If a child is removed from the physical custody of his parents, guardian or custodian, reasonable rights of visitation shall be afforded to such parents, guardian or custodian.
Sec. 5 Continuing Jurisdiction of Juvenile Court
Following any disposition of a case after a finding of delinquency or dependency, the Juvenile Court shall retain legal custody of a continuing jurisdiction over the child, subject to review as provided in Section 6, below.
Sec. 6 Review of Disposition and Jurisdiction by the
Juvenile Court
a. Following the imposition of any disposition by the Juvenile Court, such disposition, and the continuing jurisdiction of the Court, such disposition and the continuing jurisdiction of the Court, shall be subject to review under the following guidelines:
(1) At anytime at the discretion of the Court.
(2) Upon the motion of any party to the hearing.
(3) Upon the motion of any person or agency which would have been a proper party to the hearing.
(4) Upon the Court's own motion.
(5) At least every six months.
b. Review pursuant to this Section, shall be based upon the files and pleadings of the case, and upon such further information as may be submitted to the Court. Further information may be submitted by any person or agency which was a party to the hearings or which would have been a proper party to the hearing.
c. All parties to the hearing shall receive written notice no less then 10 days before a review is conducted, and upon the written request of any party, person or agency which would have been a proper party, the review shall be conducted before the Juvenile Court in the same manner as the disposition hearing.
Sec. 7 Termination of Dispositions and Jurisdiction
of the Court
a. The jurisdiction of the Juvenile Court, and any disposition imposed as a result of a finding delinquency or dependency, shall be terminated:
(1) At the sole discretion of the Court by Court Order, following a review or otherwise.
(2) Upon the attainment of the age of 18 years by a child found to be dependent.
(3) Upon the attainment of the age of 18 years by a child found to be delinquent, except that if the Juvenile Court specifically so provides in its disposition of a case, the Court may continue such a disposition for six months after the child attains the age of 18.
b. When the jurisdiction of the Juvenile Court is terminated as provided in Subsection "a", above, legal custody of the child shall return to the person or persons who have legal custody. Legal custody ends when a person attains the age of 18 years, although a disposition may be continued beyond that time as provided in Paragraph 3, Subsection "a", above.
Sec. 8 Appeals of Dispositions
Disposition imposed by the Juvenile Court may be appealed in the manner set forth in Chapter E, of this Title, for the appeal of Juvenile Court findings. Appeals of findings and dispositions may be combined and considered together by the Appeals Court.
G. PROCEEDINGS AND RECORDS OF JUVENILE COURT
Sec. 1 Closed Proceedings
Proceedings of the Juvenile Court shall be conducted in closed session and shall not be open to the public.
Sec. 2 Closed Records; Availability to Certain Persons
a. Records of the Juvenile Court shall be closed, shall not be accessible to the general public, shall not be subject to disclosure of inspection as public records and shall not be used in any other proceedings.
b. Nothing in this Section shall prevent a child who is the subject of Juvenile Court proceeding or the parents, guardian, or custodian of such child, the representative of the child or of his parents, guardian or custodian, or any person authorized in writing by the child or his parents, guardian or custodian, from inspecting and copying such records. In accordance with Title One, Chapter E, Section 1, Subsection "a", the Judge may order a particular case sealed, when it's in the best interest of the Tribe.
Sec. 3 Disclosure of Involvement in Juvenile Court
Proceedings
The involvement of a person in Juvenile Court records relating to a person, do not have to be disclosed in response to requests for information about involvement in legal proceedings, or for any other purpose.
Sec. 4 Destruction of Records
Records of Juvenile Court shall be physically destroyed within one week after the first anniversary of the termination of Juvenile Court jurisdiction over the child.
Sec. 5 Unauthorized Release or Publication of Juvenile
Court Records an Offense
The release of Juvenile Court records, except in the manner provided in Section 2, of this Chapter, or any publication of such records, shall be a Class C offense and shall be punishable as set forth in Title Four, Criminal Procedure, of this Code.
H. TERMINATION OF PARENTS RIGHTS
Sec. 1 Definition; Effect of Decree
An action for termination of parental rights is a proceeding to permanently terminate the relationship of parent and child. The effect of a decree of termination of parental rights is to permanently end the parent-child relationship, relieving the parents of all rights and responsibilities with respect to the child, and to sever all legal relationships, including but not limited to inheritance, between the parent and child.
Sec. 2 Grounds for Termination
The parental rights of a parent shall be terminated only if the Court finds that the evidence presented at the hearing establishes beyond a reasonable doubt that it will be harmful to the child if the parental rights are not terminated.
Sec. 3 Initiation of Termination Action
a. General Provisions - A proceeding for termination of parental rights shall be commenced by a petition filed with the Juvenile Court. Petitions may be filed by the social services agency or by any person seeking to adopt the child involved. The following conditions must exist before such a petition may be filed:
(1) There must have been a prior finding of dependency by the Juvenile Court; and,
(2) There must have been a disposition involving placement of the child with some person other than the parent whose rights are sought to be terminated, which disposition was of at least one year duration.
b. Termination of Parental Rights of Absent Parent - Notwithstanding the provisions of Sub-section "a", of this Section, a parent who has the custody of a child may file a petition to terminate the parental rights of an absent parent of the child. The following conditions must exist before such a petition may be filed:
(1) The parent filing the petition must have had actual physical custody of the child for at least the preceding 24 months; and,
(2) For at least the preceding 24 months, the absent parent must have been absent from the household where the child lived, must not have been in actual physical custody of the child, must have failed to contribute to the support of the child, and must have shown no interest in the child.
Sec. 4 Petition for Termination of Parental Rights
- Form and Contents
a. A petition for termination of parental rights may be in a form established by Rule of the Juvenile Court, and shall contain at least the following information:
(1) The name, address, and present custodial status of the child.
(2) The name(s) and address(es) of the parent(s) whose rights are sought to be terminated, or a statement that this information could not be determined by diligent search.
(3) A summary of prior dependency petition(s) involving the child, if any, and the dispositions of such petitions.
(4) A summary of the custodial status of the child since the filing of the first dependency petition relating to the child, or for the preceding 24 months, if no such dependency petitions have been filed.
(5) A concise statement of the facts and circumstances which are the basis for the petition for termination.
Sec. 5 Notice to Parents
a. The parent or parents whose rights are sought to be terminated shall each be served with a copy of the petition for termination no less than 30 days before the date set for hearings of the petition. If the whereabouts of such parent or parents are unknown and cannot be determined by diligent search, notice may be given by:
(1) Posting notice of the pending termination action at two prominent locations on the Reservation.
(2) Publishing such notice at least once a week in a newspaper of general circulation on the Reservation, within the County, or within the State Indian community, for a period of three weeks; and,
(3) Providing actual written notice to the nearest known blood relative, if any.
Sec. 6 Hearing Upon Petition for Termination of
Parental Rights
a. Scope - The hearing upon a petition for termination shall consider and determine whether grounds exist for termination of parental rights, as set forth in Section 2, of this Chapter.
b. Procedure - The hearing shall be conducted by the Juvenile Court procedure, including but not limited to those requirements for closed proceedings and closed records.
c. Rights of Parents - At a termination hearing, the parent(s) whose rights are to be terminated, shall have all the rights of a criminal defendant, except as specifically provided in this Title.
d. Rights of Child - At a termination hearing, the child shall have all the rights of a criminal defendant, except as otherwise specifically provided in this Title.
e. Evidence Considered - At a termination hearing, the Rules of Evidence, established in Title Six, entitled "Evidence", shall be applicable unless the Juvenile Court specifically orders otherwise.
Sec. 7 Voluntary Termination of Parental Rights
a. Notwithstanding any other provisions of this Chapter, a parent may voluntarily terminate his or her parental rights. A voluntary termination of parental rights may be accomplished only by one of the following two procedures:
(1) by submission to the Juvenile Court of a written statement signed by the parent seeking to terminate his or her rights. Such a statement shall explicitly state that the parent voluntarily seeks to terminate his or her parental rights with respect to that specifically named child, that the parent is not acting under fraud, duress, or undue influence or for monetary gain, and that the parent fully realizes the consequences of termination of parental rights. The statement shall be signed by the parent and the parent's signature shall be notarized. In the discretion of the Juvenile Court, a parent completing such a statement also may be required to appear before the Juvenile Court or a juvenile Court of any other jurisdiction to affirm the statement under oath before a Judge, subject to inquiry by a Judge as to the parent's understanding of the nature of termination, as to the voluntary nature of the statement, as to the parent's motive, and as to any other pertinent matter.
(2) By personal appearance of the parent before the Judge of the Juvenile Court. At such appearance the parent shall affirm, under oath, that he or she voluntarily seeks to terminate his or her parental rights with respect to a specifically named child, that he or she is not acting under fraud, duress, or undue influence, or for monetary gain, and that he or she full consents to such termination of rights. The Judge may examine the parent as to his or her understanding of the nature of termination, as to the parent's motive, and as to other pertinent matters. An Order of Voluntary Termination has the same effect as an Order of Termination.
I. USE OF PROFESSIONAL SERVICES BY THE JUVENILE COURT
Sec. 1 Definitions
a. Professional Personnel - members of those health services professions licensed by the State of Nevada or by any other jurisdiction; attorneys; persons who have had specialized training or experience in providing child welfare services; and other persons recognized by the Juvenile Court as regularly providing child welfare services.
b. Social Services Agency - An agency or organization, funded from any source, which utilizes professional personnel to provide child welfare services.
c. Social Services Personnel - Professional personnel who are employed by a social services agency, or other employees of a social services agency who work under the direction and supervision of professional personnel in regularly providing child welfare services.
Sec. 2 Use of Services
a. The Juvenile Court is authorized and directed to utilize, to the fullest extent it deems practical in the implementation of this Title, the services of social services agencies and personnel and professional personnel.
b. The services of social services agencies and personnel and professional personnel shall be utilized to the maximum extent feasible by law enforcement personnel in the implementation of this Title.
Sec. 3 Designation of Social Services Agency
The Tribal Council each year, may designate by Resolution, the social services agency whose services shall be used by the Juvenile Court. The Juvenile Court shall exclusively use the service of any agency so designated.
Sec. 4 Duties and Responsibilities of Social Services
Agency
a. A social services agency which undertakes to provide service to the Juvenile Court, whether by Tribal Council Resolution of designation or otherwise, shall have the following duties and responsibilities:
(1) To assist the Juvenile Court as that Court may direct.
(2) To prepare such preliminary investigation reports as may be appropriate, and such predisposition reports as may be requested by the Juvenile Court.
(3) To provide such post-disposition services as directed by Juvenile Court.
b. Subsection "a", of this Section, shall not require a social services agency to provide services other than those for which the Tribal Council or Bureau of Indian Affairs has contracted or which the social services agency normally and customarily provides in the absence of or notwithstanding a contract.
J. FACILITIES FOR CUSTODY OR DETENTION OF CHILDREN
Sec. 1 Definitions
a. Foster Care Facility - Any arrangement for the care and custody of up to six children in a situation which is not the home of the parents, guardian or custodian of the children.
b. Group Home Facility - Any arrangement for the care and custody of seven to 15 children in a situation which is not the home of the parents, guardian or custodian of the children.
c. Institutional Facility - Any arrangement for the care and custody of more than 15 children in a situation which is not the home of the parents, guardian or custodian of the children.
d. Detention Facility - Any arrangement for the care and custody of a child in a situation where the primary function is the restraint of the child, or the prevention of infliction of harm or damage to other persons or property by the child.
Sec. 2 Establishment of Standards and Rules for Custody
and Detention Facilities
a. The Juvenile Courts shall direct the designated social services agency to establish standards for the rules regarding foster care group home, institutional, and detention facilities. Such standards and rules shall be in full force and effect unless disapproved by the Tribal Court upon review.
b. The rules and standards established pursuant to this Chapter may regulate all aspects of the facilities defined in Section 1, of this Chapter, relating to the welfare, health and safety of the children in custody in such facilities. Standards and rules adopted pursuant to this Chapter shall be made available in written form to any person requesting a copy of them, and shall be available for inspection at the Court Clerk's office.
Sec. 3 Approval of Custody and Detention Facilities
a. Approval Procedure - Those foster care and detention facilities which do not comply with the standards and rules adopted pursuant to Section 2, shall not be approved.
b. Inspection Prior to Approval - Prior to approval, custody and detention facilities may be required to allow inspection by the designated social services agency, to permit that agency to make its recommendation to the Juvenile Court.
c. Annual Review of Approval - The Juvenile Court shall reconsider the approval of each facility at least once each year, and shall reapprove only those facilities which continue to meet the requirements established pursuant to Section 2, of this Chapter, and which are recommended for reapproval by the designated social services agency.
d. Records of Approval and Disapproval - Notwithstanding any other provisions of this Title, all records and proceedings of the Juvenile Court relating to the approval or disapproval of custody and detention facilities shall be open to the public.
Sec. 4 Use of Custody and Detention Facilities
No child shall be placed in any custody or detention facility unless such facility has been approved pursuant to Section 3, of this Chapter. In cases of emergency, the Juvenile Court may direct the placement of a child in a non-approved custody or detention facility for a period of not more than three days. However, pursuant to this Title, no child shall be placed in any area of any custody or detention facility that is also used for the custody or detention of adults.
Sec. 1 Duty to Attend School; Excuses
a. It is the duty of every child between the ages of six and 16 years residing on the Reservation to attend school regularly, unless excused from doing so because of illness or other circumstances which make absence reasonable. It is the duty of the parent, legal guardian, or custodian of every child to assure the school attendance of such child, is in compliance with this Chapter.
b. Excuses - The parent, legal guardian, or custodian of any child shall provide to school authorities a written explanation of the reason for any absence of such child from school. The school principal or his designated representative shall determine whether such absence is excused due to illness or other circumstances making such absence reasonable.
Sec. 2 Attendance Standards and Records
a. It is the duty of each school principal, or his designated representative:
(1) No later than the beginning of each school year, to establish and to provide to parents and pupils in written form a non-exclusive list of reasonable excuses for absence.
(2) During the school year, to maintain accurate and complete records of pupil attendance.
Sec. 3 Notices of Truancy
a. It is the duty of each school principal, or his designated representative:
(1) To determine whether each absence of a pupil is excused.
(2) To notify, in writing, the parent, legal guardian or custodian of any child who has been absent without a reasonable excuse.
b. Notice of unexcused absences given pursuant to Subsection "a", of this Section, shall be sufficiently specific to inform the parents, guardian, or custodian of the child involved with the dates, times and circumstances of any unexcused absence, and shall state that the child is considered to have been a truant child upon that occasion.
Sec. 4 Truant Children
a. A truant child is a child:
(1) Whose absence from school has not been excused.
(2) Whose parent, legal guardian, or custodian has been given written notice of such absence in accordance with Section 3, of this Chapter.
b. For purposes of this Section, each day during which a child is absent without excuse for any period of time may be considered a separate occurrence of truancy, if the child's parent, legal guardian, or custodian is given the required written notice of each such absence.
Sec. 5 Taking Absent Children Into Custody
a. During school hours, any Tribal Police Officer, or other person specifically authorized by the Tribal Council may apprehend and take into custody without a warrant any child who is not at such child's normal residence, and who has been reported by school officials to be absent from school and in probable violation of Section 1, of this Chapter.
b. Upon apprehending an absent child, the apprehending officer or employee may decline to take the child into custody, if he considers such custody unwarranted. In each case, the officer or employee shall investigate the circumstances of the incident, and shall include the full results of his investigation and a description of his actions in the written report required by Subsection "d", of this Section.
c. Any child taken into custody pursuant to this Chapter shall be delivered immediately to the school official who reported the truancy of the child. If the child can not be delivered to such school official during regular school hours, the child instead shall be delivered immediately to his parents, guardian, or custodian.
d. A written report of all actions taken pursuant to this Chapter, including the facts and circumstances of any decision not to take into custody a child who is apprehended shall be made to the designated social services agency within two working days of such actions.
Sec. 6 Habitual Truancy Proceedings
a. Definitions - An habitual truant is a child:
(1) who has been found by school officials to be truant on three separate occasions in a six week period, pursuant to Section 4, of this Chapter.
(2) who needs the supervision of the Juvenile Court to assure future school attendance.
b. Proceedings - Any person authorized to take a truant child into custody, any school official, the parent, guardian, or custodian of a child may file a petition with the Juvenile Court alleging that a child is an habitual truant. Such a petition may be filed only if the person filing the petition reasonably believes the child involved is a habitual truant as defined in this Title. The Juvenile Court shall hear and consider habitual truancy petitions in the same manner and following the same procedures utilized when other petitions are heard by the Juvenile Court. All parties to such proceedings shall have all of the rights provided to parties in other Juvenile Court proceedings.
c. Decree of Habitual Truancy - If the Juvenile Court finds that the evidence presented at the hearing establishes that it is more probable than not that a child is a habitual truant, as defined in this Title, the Court shall enter a decree finding that the child is a habitual truant.
d. Effects of Decree of Habitual Truancy - If a child is found to be a habitual truant, the Juvenile Court may make any disposition regarding custody, placement and supervision of the child which will assure future school attendance by the child. Preference shall be given to a disposition which provides for the custody of the child by parents, guardian or blood relative.
L. ACTS OF JUVENILE DELINQUENCY
Sec. 1 Possession or Consumption of Alcoholic Beverages
a. Offense - Except as otherwise provided, any juvenile who possesses or consumes an alcoholic beverage is guilty of an act of juvenile delinquency, and shall be subject to disposition as provided for in this Title.
b. Exemption - The provision of this Subsection "a", of this Section, do not apply to a juvenile who consumes non-intoxicating amounts of an alcoholic beverage:
(1) as part of a recognized religious ceremony or celebration; or,
(2) when such alcoholic beverage is intentionally provided by the juvenile's parent, guardian, or custodian and is consumed in the juvenile's home.
Sec. 2 Curfew Violations
a. Offense - Any juvenile who violates a curfew established by this Section, is guilty of an act of juvenile delinquency, and shall be subject to disposition as provided for in this Title.
b. Definition - For the purpose of this Chapter the term "about on the Reservation", shall mean being away from the residence or usual place of abode of person involved.
c. Establishment of Curfew:
(1) No juvenile 16 years of age or older, shall be about on the Reservation between the hours of 12:00 AM. (midnight) and 6:00 AM., except as provided in Section 3, of this Chapter.
(2) No juvenile 12 years of age or older, but not yet 16 years of age, shall be about on the Reservation between the hours of 11:00 P.M. and 5:00 A.M., except as provided in Section 3, of this Chapter.
(3) No juvenile under the age of 12 years, shall be about on the Reservation between the hours of 10:00 P.M. and 5:00 A.M., except as provided in Section 3, of this Chapter.
Sec. 3 Exemption From Curfews
a. General Exemptions - The curfews established in Section 2, of this Chapter, shall not apply to:
(1) Any juvenile who is in the company of his parent, guardian, or custodian.
(2) Any juvenile who is proceeding directly to his home from any scheduled school, religious or Tribal activity and is proceeding without delay.
(3) Any juvenile who is in the home of another with the permission of the juvenile's parent, guardian or custodian and the person residing in the home where the juvenile is found.
(4) Any juvenile who is in the company of an adult, if the juvenile's parent, guardian, or custodian has knowledge of the juvenile's whereabouts and has given express permission for the juvenile to be away from his/her home or place of residence on that particular occasion.
b. Special Exemptions - By Resolution, the Tribal Council may establish special exemptions from the established curfew to allow juveniles to attend or participate in government, educational, or cultural events, or in other events of general public interest.
Sec. 4 Possession of a Controlled Substance
Any juvenile is guilty of possession of a controlled substance if he has in his possession, either for use or sale, any controlled substance listed in Schedules I, II, Ill, IV, and V of Title 21, US Code Section 812, without a prescription from a doctor or other person licensed to prescribe medicine.
Sec. 5 Possession of Marijuana
Any juvenile is guilty of possession, if he has in his possession any amount of marijuana.
Sec. 6 Sexual Assault
Any juvenile is guilty of sexual assault if he or she has sexual intercourse as defined in Title Five, Chapter C, of this Code, with any other juvenile, male or female, against the will of such other juvenile.
Sec. 7 Contributory Delinquency/Neglect of Children
(Runaways / Unsupervised Juveniles)
a. Definitions - A delinquent child, neglected child, and child in need of supervision shall mean a person less than 18 years of age:
(1) Who has no parent or guardian, or who has no parent or guardian willing to exercise such proper parental control, and who is in need of such control.
(2) Who is destitute, or who is not provided with the necessities of life by his parents, and who has no other means of obtaining such necessities.
(3) Whose home is an unfit place for him by reason of neglect, cruelty, or depravity of either of his parents, guardian, custodian or other person in whose care he is in.
(4) Who is found living in any house with any disreputable person.
(5) Who is found wandering and either has no home or a place of abode, no visible means of subsistence or no proper guardianship.
(6) Who frequents the company of criminals or any other disreputable person.
(7) Who habitually uses intoxicating liquors or any controlled substance, without a prescription.
(8) Who habitually refuses to obey the proper orders of his parents, guardians or who is beyond the control of such person.
(9) Who is a habitual truant from school.
(10) Who is leading, or from any cause is in danger of leading an idle, dissolute, lewd or immoral life.
(11) Who writes or uses vile, obscene, profane, or indecent language, or is guilty of indecent, immoral, or lascivious conduct.
(12) Who violates any laws of the Yomba Tribe.
(13) Who is a runaway, unmanageable, or a habitual truant.
Sec. 8 Contributing
Any person who commits any act, through encouragement, threats, or any other means that causes a juvenile to become a delinquent, neglected, or in need of supervision, shall be guilty of contributory neglect or contributory delinquency.
Sec. 9 Penalties
a. All juvenile offenders, the parents, guardian or custodian of juveniles when charged with violation of Section 7 or Section 8, of this Chapter, shall within 24 hours of the offense be referred to Yomba social services for review and recommendation.
b. Adult offenders shall be charged under Title Five, Chapter G, Section 8 for contributing to the delinquency of a minor (under the age of 18 years) which is a Class A offense.
Sec. 10 Juvenile Matters not Covered
Any matters not covered in this Title will first be referred to Federal Law and then to the laws of the State of Nevada.
Sec. 1 Liability for Incurred Damages
a. A child found to be delinquent, and the parents or guardians who have custody of such child shall be jointly and severally liable for all damages to persons or public/private property resulting from the acts of willful misconduct of the child upon which the findings of delinquency is based.
b. As a parent of the proceedings involving a delinquent child, the Court shall have jurisdiction over a delinquent child, and over the parents or guardian having custody of such a child to enter jointly and severally for all damages described in Subsection "a", of this Chapter, as restitution to the persons suffering such damages.
c. The liability of the parents or guardians having custody of a child, arising under Subsection "a", of this Chapter, shall not exceed the sum of $10,000.00 for any one act of the child.
d. Liability arising from Subsection "b", of this Chapter, shall be in addition to any other liabilities which may exist or arise under law.
e. In the event that the parent or guardian of any juvenile adjudged delinquent fails to make restitution in the amount so ordered by the Juvenile Court, he or she shall be guilty of Failure to Obey a Lawful Order of the Juvenile Court, and shall be held in Contempt of Court.
(1) In the event of willful contempt, the parent, guardian or custodian shall be held liable for said restitution in addition to charges of Contempt of Court.
Sec. 2 Failure to Obey Orders of Restitution
Any person subject to the jurisdiction of the Juvenile Court, whether an adult or a minor child, who without good reason fails to obey a lawful order subpoena, warrant, or command, is guilty of contempt of the Juvenile Court, and may be punished by a fine of not more than $100.00, imprisonment or detention for not more than three days, or both. No person shall be found guilty of contempt of the Juvenile Court except after being given reasonable notice of the alleged contempt and being afforded a hearing before the Juvenile Court, at which the person shall have the right to be represented by the representative of his or her choice, at his or her own expense.