CHAPTER 27-6
JUVENILE PROCEEDINGS

27-6-1 Time Limit on Juveniles in Custody.

A juvenile shall not remain in detention longer than forty-eight (48) hours, excluding Saturdays, Sundays and legal holidays, from the time the initial detention was imposed unless within the forty-eight (48) hour period the Court determines after a hearing that further detention is necessary.

27-6-2 Juvenile’s Right to Waive Detention Hearing.

The juvenile may waive the right to a detention hearing. The request to waive the hearing must be in writing and approved by the Court.

27-6-3 Notice of Detention Hearing.

When it is determined that a detention hearing is required, the Court shall immediately set the time and place for the detention hearing. Notice of the detention hearing shall be given at least twenty-four (24) hours in advance of the detention hearing unless notice is waived pursuant to Section 27-6-2. If there is insufficient time to prepare written notice, oral notice may be given and is completed upon a filing of a certificate of oral notice with the Court.

27-6-4 Court Procedure for Detention Hearing.

(A)    If the juvenile does not have an attorney at the time of the detention hearing, the Court shall appoint an attorney and may recess the hearing for twenty-four (24) hours, excluding Saturdays, Sundays and legal holidays.

(B)    If the Court finds that the juvenile is a danger to himself or others, the juvenile may be detained in a juvenile detention facility or juvenile residential facility, which the Court shall designate.

(C)    If the Court finds that the juvenile is not likely to appear for further proceedings, the juvenile may be detained in a juvenile detention facility or juvenile residential facility, which the Court shall designate, or the juvenile may be released upon an appearance bond in an amount determined by the Court and with conditions the Court may impose.

(D)    In the absence of a finding pursuant to subsections (B) or (C) of this Section, the Court shall order that the juvenile be released or placed in temporary custody as provided herein.

(E)    In determining whether the juvenile shall be placed in a detention facility pursuant to this Section, the Court shall consider all relevant factors, including the criteria listed in Section 27-4-5. If the Court determines that the juvenile shall be detained in a juvenile detention facility, the Court shall state the facts on which the determination is based.

(F)    If the Court determines that detention is not necessary but that release of the juvenile to the parent or residential custodian is not in the best interests of the juvenile, the Court may place the juvenile in the temporary custody of another adult or a juvenile residential facility, pursuant to the finding required in Section 27-4-7.

27-6-5 Timing of Hearings.

All cases filed under this Chapter shall be heard without unnecessary delay. Continuances may be granted to any party for good cause shown.

27-6-6 First Appearance.

At the first appearance before the Court, the juvenile and his parent or residential custodian shall be fully advised by the Court of the following:

(A)    The right to a trial;

(B)    The right to be represented by an attorney at every stage of the proceedings;

(C)    The right to see, hear and cross-examine all witnesses against them;

(D)    The right to call witnesses on their own behalf and to have Court process compel the attendance of witnesses for them; and

(E)    The right of the juvenile not to be compelled to testify against himself.

27-6-7 Court Diversion by Stipulation.

(A)    The juvenile prosecutor shall adopt a policy and establish guidelines for a diversion program. Prior to the filing of a petition alleging a juvenile is a juvenile offender, the juvenile prosecutor may divert the case from the adjudicatory process through a diversion program if:

(1)    The offense the juvenile allegedly committed is not a crime of violence or a drug or gun offense pursuant to 18 U.S.C. 5032; and the juvenile does not have a prior adjudication in any jurisdiction as a juvenile offender; and the juvenile has not participated in a diversion program in any jurisdiction;

(2)    The Court has informed the juvenile and the juvenile’s parent or residential custodian of their rights pursuant to Section 27-6-6.

(3)    Written consent to the stipulation is obtained from the juvenile and the juvenile’s parent or residential custodian.

(B)    The diversion program may require the participation of the parent or residential custodian of the juvenile.

(C)    The diversion program consent decree shall include a stipulation of the facts on which the charge is based. The juvenile, the juvenile’s attorney and the juvenile prosecutor shall agree to such stipulation. The stipulation shall include a provision that if the juvenile fails to fulfill the terms of the decree and the juvenile offender proceedings are resumed, the proceedings, including any proceedings on appeal, shall be conducted on the record of the stipulation of facts.

(D)    After all parties have consented, the Court shall review the consent decree and if the Court agrees that the decree is satisfactory, the Court shall order all parties by the decree to abide by the provisions therein. If the juvenile and/or the juvenile’s parent or residential custodian fails to comply with the agreement, the Court on motion of the prosecutor shall proceed with the juvenile offender adjudication.

(E)    A consent decree shall not exceed one (1) year, except that after a hearing, the Court may extend the decree for an additional year with the consent of the parties. The adjudication shall be continued for the term of the consent decree and shall be dismissed upon full compliance with the consent decree.

27-6-8 Burden of Proof.

In all proceedings on a petition filed pursuant to this Title, unless the case is otherwise disposed of through diversion, the juvenile prosecutor has the burden of proof to establish beyond a reasonable doubt that the juvenile committed the offense charged in the petition.

27-6-9 Pleas.

(A)    Before the juvenile enters a plea, the Court shall inform the juvenile of the following:

(1)    The right of the juvenile to be presumed innocent of each charge;

(2)    The right to confront and cross-examine witnesses;

(3)    The right to subpoena witnesses;

(4)    The right of the juvenile to testify or decline to testify; and

(5)    The disposition options the Court may order if the Court adjudicates the juvenile as a juvenile offender.

(B)    After the Court has complied with subsection (A) of this Section, the Court shall require the juvenile to enter a plea as to the allegations in the petition unless the juvenile has been approved for or is making application for a diversion program.

(C)    If the juvenile pleads guilty or no contest to the allegations contained in a petition, the Court shall determine, before accepting the plea and determining that there has been a voluntary waiver of the rights in subsection (A) of this Section, that there is a factual basis for the plea.

(D)    If the juvenile pleads not guilty, the Court shall schedule a time and date for a bench trial.

27-6-10 Adjudicatory Hearing.

(A)    At the adjudicatory hearing, which shall be conducted as provided in the rules of civil procedure, the Court shall determine whether the allegations of the petition are supported by evidence beyond a reasonable doubt.

(B)    If it appears from the evidence presented at an adjudicatory hearing or any juvenile proceeding pursuant to this Title that the juvenile may have a mental illness or a developmental disability, the Court may order that the juvenile be examined by a physician, psychiatrist or psychologist; and the Court may place the juvenile in a hospital or other suitable facility for the purpose of examination for a period not to exceed thirty (30) days.

27-6-11 Dismissal of Petition.

When the Court finds that the allegations in the petition are not supported by evidence beyond a reasonable doubt, the Court shall order the petition dismissed and the juvenile and any parent or residential custodian shall be discharged from any restriction or condition previously ordered.

27-6-12 Sustaining Petition.

When the Court finds that the allegations of the petition are supported by evidence beyond a reasonable doubt, the Court shall make an order of adjudication that the juvenile is a juvenile offender.

27-6-13 Dispositional Hearing.

After making an order of adjudication that the juvenile is a juvenile offender, the Court shall hear evidence on the question of the proper disposition of the juvenile. The proper disposition shall provide for rehabilitation and discipline of the juvenile offender and provide for the safety needs of the community.

27-6-14 Predisposition Study and Reports.

(A)    The Court may order any agency or department within its jurisdiction to prepare and submit to the Court after adjudication and prior to disposition a social study, home study, family or medical history or other reports which may be helpful in determining appropriate disposition for the juvenile and the juvenile’s family.

(B)    Such reports shall be filed with the Court and copies shall be delivered to the parties and any attorney involved in the case at least five (5) days prior to the dispositional hearing.

27-6-15 Disposition.

(A)    At the dispositional hearing, the Court shall consider the reports ordered by the Court and all other evidence, including any pre-dispositional reports or recommendations prepared by the juvenile or the juvenile’s attorney. The Court may confer with the Peacemakers Circle to seek their recommendation for disposition.

(B)    The Court may impose one or more of the following dispositions, which are reasonably designed to achieve the purpose and intent of this Title and which include, but are not limited to, the following:

(1)    Permit the juvenile to remain with the juvenile’s parent or residential custodian, subject to such conditions and limitations as the Court may prescribe;

(2)    Require the juvenile to undergo counseling and treatment, including in-patient treatment, as may be recommended in any chemical dependency, psychiatric or psychological evaluation ordered by the Court;

(3)    Place the juvenile in the physical custody of a relative or other suitable person, subject to such conditions and limitations as the Court may prescribe;

(4)    Place the juvenile on probation under such conditions and limitations as the Court may prescribe;

(5)    Require the juvenile to pay a fine, court costs, restitution and any other costs, subject to the discretion of the Court.

(6)    Require the juvenile to perform community service in such an amount and of such a nature as the Court deems appropriate for the juvenile’s age, circumstances and conduct;

(7)    Require the juvenile to refrain from associating with named individuals found by the Court to be detrimental to the juvenile’s ability to comply with the orders of the Court;

(8)    Require the juvenile to write an apology or to perform an action that is in keeping with tradition and that would provide restitution to any person who has been victimized by the juvenile’s conduct, including family members, Nation officials and/or the community at large;

(9)    Place the juvenile in a juvenile facility, including an alcohol or substance abuse emergency or treatment facility, emergency foster home, foster home, group home, shelter home, juvenile correctional facility or juvenile detention facility, as designated by the Court;

(10)    Require family members, including any family members who reside with or are in regular contact with the juvenile, to fully cooperate with the court services officer and any other service providers who assist with implementing the disposition;

(11)    Require any family members who reside with or are in regular contact with the juvenile to undergo random urinalysis, chemical assessment and/or psychological assessment; to attend parenting classes and/or counseling sessions; and/or to participate in any other services the Court deems are in the best interests of the juvenile.

(C)    If a juvenile is ordered to a juvenile correctional facility, the Court shall transmit with the commitment order a copy of the petition; the order of adjudication; copies of any social, clinical or educational reports; and other information pertinent to the care and treatment of the juvenile. The Court shall review a commitment to a correctional facility no later than six (6) months after the commitment and each six (6) months thereafter.

27-6-16 Probation.

(A)    The terms and conditions of probation shall be specified by rules or orders of the Court. The Court may order as a condition of probation a commitment to a correctional facility or detention facility for a period not to exceed forty-five (45) days. Any juvenile placed on probation shall receive a written statement of the terms and conditions of his probation and shall have such terms and conditions fully explained to him.

(B)    At least once every six (6) months, the Court shall review the terms and conditions of probation and the progress of each juvenile placed on probation.

(C)    If it is alleged a juvenile has violated the terms of probation, the Court shall set a hearing on the alleged violation and give notice to the juvenile and the juvenile’s parent or residential custodian. The juvenile and the juvenile’s parent or residential custodian shall be given a written statement concerning the alleged violation and the juvenile shall have the right to be represented by an attorney at the hearing. The hearing on the alleged violation shall be conducted without unnecessary delay.

(D)    If the Court finds that the juvenile violated the terms and conditions of probation, the Court may modify such terms and conditions, revoke probation or take such other action as permitted by this Title.

(E)    If the Court finds that the juvenile did not violate the terms and conditions of the juvenile’s probation, as alleged, the Court shall dismiss the proceedings and continue the juvenile’s probation according to its original terms and conditions.

27-6-17 Continuing Jurisdiction

Except as otherwise provided in this Title, the jurisdiction of the Court over any juvenile who has been adjudicated a juvenile offender may continue until the juvenile is twenty (20) years of age, unless earlier terminated by order of the Court.

27-6-18 Orders for Support.

(A)    If a juvenile is placed out of the juvenile’s home pursuant to this Title, the Court shall order the parent or residential custodian of the juvenile to pay the support costs of the placement.

(B)    Any support costs collected pursuant to this Section shall be collected and distributed by the Nation’s Child Support Enforcement Program.

27-6-19 Appeals.

All appeals shall be conducted in accordance with Title 5 of the Potawatomi Law and Order Code and the Court rules of procedure, except when in conflict with the provisions of this Title.