CHAPTER 6-1
GENERAL PROVISIONS

6-1-1 Establishment.

There is created and established a Juvenile Court and its procedure whose powers and duties are set forth in this Title. The provisions of this Title shall be liberally exercised in all matters that will be conductive to the child’s welfare and best interests.

6-1-2 Purpose.

The purposes of these procedures are to:

(A)    Secure for each child, subject to this Title, such care and guidance, preferably in his own home, as well best serve his welfare and the interests of the Tribe and society in general;

(B)    Preserve and strengthen the ties between the child and its Tribe whenever possible;

(C)    Preserve and strengthen family ties whenever possible, and, to strengthen and improve the home and its environment when necessary;

(D)    Remove a child from the custody of its parents only when his welfare and safety or the protection of the public would otherwise be endangered; and

(E)    Secure for any child removed from the custody of its parents the necessary care, guidance and discipline to assist the child in becoming a responsible and productive member of its Tribe and society in general.

6-1-3 Definitions.

(A)    Adjudicatory Hearing. “Adjudicatory hearing” means a hearing to determine whether the allegations of a petition alleging a child to be neglected or in need of care filed pursuant to this Title are supported by the evidence.

(B)    Child. “Child” means an individual who is one or more of the following: a member of the Tribe, is eligible for membership into the Tribe, is a natural or adopted child of a member or is a grandchild of a full or part time custodial grandparent; and who is either under the age of 18 or is at least eighteen (18) but younger than twenty-one years of age and who was adjudicated a child in need of care or a neglected child by a court of competent jurisdiction prior to the age of eighteen (18) years of age, and who requests the court retain jurisdiction over them until certain instructions or treatments are completed but in no event until the child is over 21 years of age.

(Amended by PBP TC No. 2006-141, July 20, 2006; amended by PBP TC No. 2013-145, July 15, 2013.)

(C)    Dispositional Hearing. “Dispostional Hearing” means a hearing, in which the Juvenile Court must determine what treatment should be ordered for the family and the child, and what placement of the child should be made during the period of treatment.

(D)    In Need of Care. “In need of care” shall mean any child:

(1)    Who has repeatedly disobeyed reasonable and lawful commands or directives of the parent, legal guardian, or other custodian.

(2)    Who is willfully and voluntarily absent from his home without the consent of the parent, guardian, or legal custodian for a substantial period of time, or without intent to return.

(3)    Who, being subject to compulsory school attendance, is willfully, voluntarily, and habitually absent from school in violation of law.

(E)    Neglected. “Neglected” shall mean a child:

(1)    That is subjected to mistreatment or abuse without intervention preventing such occurrences.

(2)    That lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian.

(3)    That is subject to an environment which is injurious to his safety and welfare.

(4)    That is denied proper or necessary subsistence, education, medical care, or any other care necessary for his health, guidance, or well-being.

(5)    That is not domiciled with his parent, guardian, or legal custodian or homeless without proper care.

(6)    That is abandoned without apparent parental intent to return, or informally placed with another person.

(7)    That is denied parental support or personal contact for a period in excess of six (6) months.

(F)    Protective Supervision. “Protective supervision” means a legal status created by Court Order permitting the child to remain in its own home under the supervision of the Juvenile Court or a social services agency while treatment is being provided to the family.

(G)    Shelter. “Shelter” means a physically unrestricting facility for the temporary care of a child pending Juvenile Court disposition, or execution of a Court Order for emergency or temporary placement.

(H)    Termination of Parental Rights. “Termination of parental rights” means the Court ordered permanent severance of all parental rights and duties but not the severance of the child’s right to parental inheritance.

(Amended by PBP TC No. 2006-141, July 20, 2006)

6-1-4 Jurisdiction.

The Juvenile Court shall have exclusive original jurisdiction in any proceeding concerning any child except in the determination of awarding custody in the dissolution of marriage provided that the child is not in need of care or neglected.

(A)    When the court acquires jurisdiction over a child in need of care or a neglected child, jurisdiction may continue until the child has: (1) Become 18 years of age or, until the child becomes 21 years of age provided that the child requests the court retain jurisdiction and the court determines that the child is actively pursuing one or more of the following:

(1)    Completing secondary education or an equivalent credential;

(2)    Enrolled in an institution which provides postsecondary or vocational education;

(3)    Participating in a program designed to promote employment opportunities;

(4)    Employed a minimum of 80 hours a month; or

(5)    Is incapable of doing any of the above described activities due to a medical or behavioral health condition, as evidenced by regularly updated information in the permanency plan of the child.

(B)    A child aged 18 or older may request that the jurisdiction of the court cease. The court shall give notice of the request to all parties and interested parties and 30 days after receipt of the request, jurisdiction shall cease.

(Amended by PBP TC No. 2010-055, March 2, 2010; amended by PBP TC No. 2013-145, July 15, 2013)

6-1-5 Place of Sitting.

The Juvenile Court shall maintain offices in the same place as the District Court sits, provided, that the Juvenile Court, in a transfer proceeding or where otherwise necessary and expedient in the interest of justice and economy, may sit anywhere within the territorial limits of the United States.

6-1-6 Transfers Between Courts.

The Juvenile Court, in its discretion, is authorized to transfer, or accept a transfer, any juvenile case provided that such transfer would not be detrimental to the child’s best interests. Transfer from state courts shall be pursuant to the Indian Child Welfare Act, 25 U.S.C. §1911 (b). Transfers from other courts may be determined by eligibility status, domicile and residency.

6-1-7 Transfer Criteria.

In making transfers, or accepting transfer, the Juvenile Court will consider:

(A)    The best interest of the child;

(B)    Any special needs and services that may be required and the availability of such resources;

(C)    Emotional, cultural and social ties;

(D)    Any matters which may adversely affect the Tribe’s ability to provide treatment or necessary services; and

(E)    The likelihood that the same child and family would require future services of this Court.

6-1-8 Records Transfer.

A court transferring a case shall serve a certified copy of the Order of Transfer and shall transmit the legal case file, and all social records pertaining to the case. The Court accepting a transfer shall proceed with the case as if the petition had originally been filed or adjudicated. The Juvenile Court may retain physical custody of the child pending an order or notice of acceptance from the receiving jurisdiction, and upon receiving such order on notice, may close the case file and dismiss the case subject to any necessary order for the protection of the child until completion of physical transfer to the receiving jurisdiction.

6-1-9 Notice of Legal Rights.

(A)    At the first appearance before the Court, the child and the parents, guardian or other legal custodian shall be fully advised by the Court of their legal rights, including:

(1)    Their right to be represented by an attorney, at their own expense, at every stage of the proceeding.

(2)    Their right to see, hear, and cross-examine all witnesses against them.

(3)    Their right to call witnesses on their own behalf and to have court process compel the attendance of witnesses for them.

(B)    If the child or the parents, guardian, or other legal custodian requests an attorney and is found to be without sufficient financial means to obtain counsel, one shall be appointed by the Court when such are available.

(C)    The Court may appoint counsel without such request if it deems representation by counsel necessary to protect the interest of the child or other parties.

6-1-10 Procedure.

The Rules of Juvenile Procedure shall apply in all juvenile proceedings except to the extent that any procedure is not specifically addressed, then the Rules of Civil Procedure shall apply.

6-1-11 Hearings.

(A)    Hearings shall be held before the Juvenile Court without a jury, and may be conducted informally. The general public shall be excluded unless the Court determines that it is in the best interest of the child to allow the general public to attend. The Court shall admit only such persons having a real interest in the case.

(B)    A verbatim record shall be taken of all proceedings which might result in the deprivation of custody, unless waived by the parties in the proceeding and so ordered by the Court.

(C)    The name, picture, place of residence, or identity of any child, parent, guardian, other custodian, or person appearing as a witness in children’s proceedings under this Title shall not be published in any public media. Publicity may be permitted only if, and only if, Court ordered. Any person who violates this provision shall be punished by a fine of not more than five hundred dollars ($500.00).

6-1-12 Social Study and Other Reports.

Unless waived by the Court, the social services agency designated by the Court shall make a social study and report in writing in all juvenile cases. The records of the social service agency concerning all juvenile cases under the provisions of this Title may not be inspected or disclosed to the public, except:

(A)    By Court Order.

(B)    When the disclosure is to a tribal, federal, or state officer, employee, or agency in their official capacity who show a bona fide need for the information.

6-1-13 Rules of Evidence.

For determining proper disposition of a child, the General Rules of Evidence shall not apply, unless otherwise provided by law. Written reports and other subjective material relating to the child’s mental, physical, and social history may be received and considered by the Court along with other evidence.

6-1-14 Effect of Proceedings.

No adjudication, disposition, or evidence given in proceedings brought under this Title shall be admissible against a child except in subsequent proceedings under this Title concerning the same child.

6-1-15 Inspection of Court Records.

Court proceeding records shall be open to inspection by the parents or guardian, attorneys and other parties and to any agency to which legal custody of the child has been transferred. However, Court proceeding records in adoption and relinquishments shall be confidential and open to inspection only by Court Order. Social Services records and all other reports of social and clinical studies shall not be open to inspection, except by Court consent.

6-1-16 Sealed Records.

In any juvenile proceeding the records shall be sealed after the juvenile reaches the age of emancipation, or no sooner that two (2) years after the Juvenile Court’s jurisdiction terminates. When the records have been sealed, all proceedings shall be deemed as never to have occurred, and all index references shall be deleted. Copies of the order sealing such records shall be sent to each agency of official named in the proceedings. Future inspection of such records may be permitted thereafter only by Court order.

6-1-17 Appeals.

An appeal may be taken from any order, decree, or judgment of the Juvenile Court in the same manner as other civil appeals are taken. Initials shall appear on the record on appeal in place of the name of the child and respondents. Appeals shall be advanced on the calendar of the Court of Appeals and shall be decided at the earliest practical time.