Pyramid Lake Paiute Tribe

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Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1008

RESOLUTION NO.: PL 088-20

RESOLUTION OF THE TRIBAL COUNCIL

OF THE PYRAMID LAKE PAIUTE TRIBE

NIXON, NEVADA

WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section

16 of the Indian Reorganization Act (25 U.S.C. § 476) and is federally recognized

by the United States Government through the Secretary of the Interior and the

Bureau of Indian Affairs; and possesses attributes of sovereignty over both the

members and territory.

WHEREAS, the Pyramid Lake Paiute Tribe, pursuant to Article VI, Section 1 of the Constitution

and By-laws of the Pyramid Lake Paiute Tribe, authorized the Pyramid Lake T1ibal

Council to act on behalf of the Pyramid Lake Tribe, and to promulgate ordinances

to safeguard the peace and safety of residents of the Reservation and to establish

courts for the adjudication of claims and disputes; and

WHEREAS: pursuant to these powers, the Tribal Council has created a Law & Order Code and

other laws and ordinances to govern the conduct of people within the Tribe's

Reservation; and

WHEREAS: the Tribal Council has recognized the importance of reviewing and updating the

Law and Order Code to ensure the Code meets the Tribe's needs and best serves to

protect the interests of the Tribe, its members and persons living and working on

Tribal lands; and

WHEREAS: to meet this goal, the Tribe's Law and Order Committee has recommended that the

Tribal Council add Title 3 Chapter 6 Juvenile to current code.

WHEREAS: the revised Title 3 Chapter 6 Juvenile was posted for at least thirty days to allow

for public comment, No comments received by the Law and Order Committee and

the Committee submitted its recommendation to the Tribal Council;

NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby

accepts the recommendation of the Law and Order Committee and hereby adopts

the revised Title 3 Chapter 6 Juvenile of the Law and Order Code.

BE IT FURTHER RESOLVED, the Tribal Chairman or designee is hereby authorized to

effectuate any and all administrative actions necessaiy for implementation of this

resolution.

Pyramid Lake Paiute Tribal Council

Page2

RESOLUTION NO.: PL 088-20

BE IT FINALLY RESOLVED, nothing in this resolution shall be construed as a waiver of the

sovereign immunity of the Pyramid Lake Paiute Tribe.

CERTIFICATION

It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing

body of the Pyramid Lake Paiute Tribe, composed of ten members, of whom eight (8) constituting a quorum

were present at a meeting duly held on the 2J51 day of August 2020 was adopted by the affirmative vote of

seven (7) FOR and zero (0) AGAINST, with zero (0) ABSTENTIONS; pursuant to the authority contained

in the Constitution and By-laws of the Pyramid Lake Paiute Tribe.

CHAPTER 6

JUVENILE JUSTICE

PART 1

JUVENILE PROCEDURE

3.6.100

GENERAL PROVISIONS

3.6.102

Authority

This Chapter is adopted by the Pyramid Lake Paiute Tribal Council pursuant to Article

VI (j) of the Constitution of the Pyramid Lake Paiute Tribe and Article V of the By-Laws of the

Pyramid Lake Paiute Tribe. It is the policy of the Tribe, that:

The young people within the jurisdiction of the Pyramid Lake Paiute Tribe are

the Tribe's most important resource and their welfare is of paramount importance to the

Pyramid Lake Paiute Tribe.

It is imperative that the young people within the jurisdiction of the Tribe receive

the care and guidance needed to prepare them to take their places in adult society.

3.6.104

SHORT TITLE, PURPOSE AND DEFINITIONS

3.6.106

Short Title

This Chapter shall be entitled "The Juvenile Justice Chapter."

3.6.108

Purpose

The Juvenile Justice Chapter provisions shall be liberally interpreted and construed to

fulfill the following expressed purposes:

To preserve and retain the unity of the family whenever possible and to provide

for the care, protection, and wholesome mental and physical development of children coming

within the provisions of this Code;

To recognize that alcohol and substance abuse is a disease that is both

preventable and treatable;

To remove from juveniles committing juvenile offenses, the legal consequences

of criminal behavior and to substitute a program of supervision, care, and rehabilitation

consistent with the protection of the Pyramid Lake Paiute Tribe;

To achieve the purposes of this Code in a family environment whenever

possible, separating the juvenile from the juvenile's parents only when necessary for the

child's welfare or in the best interests of public safety;

To separate clearly in the judicial and other processes affecting minor children

under this Code the "juvenile offender" and the "family in need of services," and to provide

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appropriate and distinct dispositional options for treatment and rehabilitation of these minor

children and families;

To provide judicial and other procedures through which the provisions of this

Code are executed and enforced and in which the parties are assured a fair hearing and their

civil and other legal rights are recognized and enforced;

To provide a continuum of services for minor children and their families from

prevention to residential treatment, with emphasis whenever possible on prevention, early

intervention and community-based alternatives; and

To provide a forum where an Indian child charged to be "delinquent" or a

"juvenile offender" in other jurisdictions may be referred for adjudication and/ or disposition.

3.6.110

Definitions

"Adjudicatory Hearing" means a proceeding in the Juvenile Court to determine

whether or not a child has committed a specific "juvenile offense" or is a "minor in need of

services" as set forth in a petition.

"Adult" means an individual who is eighteen (18) years of age or older.

"Alcohol or substance abuse emergency shelter or halfway house" is an

appropriately licensed and supervised emergency shelter or halfway house for the care and

treatment of juveniles who have alcohol and/or substance abuse problems.

"Child" or "minor" means an individual who is less than eighteen (18) years old.

"Counsel" means a tribal advocate or attorney.

"Court" or "Juvenile Court" means the Juvenile Court of the Pyramid Lake Paiute

Tribe.

"Curriculum change" includes, but is not necessarily limited to a: change in the

child's instructor, if available; change in the scheduling of a child's classes, if available;

reassignment of a child into another class section, if available; change in the content of a

child's course of instruction, if available; or change in the child's school, if available.

"Custodian" means a person, other than a parent or guardian, to whom legal

custody of the minor child has been given.

"Detention" means exercising authority over a minor child by physically placing

them in any juvenile facility designated by the court and restricting the minor child's

movement in that facility.

"Dispositional Hearing" is a proceeding in the Juvenile Court to determine how

to resolve a case after it has been determined at the adjudicatory hearing that the minor child

has committed a specific "juvenile offense(s)" or is a minor child whose family is in need of

services.

"Domicile" is a person's permanent home, legal home or main residence. The

domicile of a minor child is generally that of the custodial parent or guardian. Domicile

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includes the intent to establish a permanent home or a home which the parent or guardian

considers to be his permanent home. Domicile for the purposes of jurisdiction is established

at the time of the alleged acts.

"Emergency foster home" is a placement with a family whose home has been

licensed to accept emergency placements of children at any hour of the day or night.

"Family in Need of Service" means a family whose minor child, while subject to

compulsory school attendance, is habitually and without justification absent from school; or

a family wherein there is allegedly a breakdown in the parent-child relationship based on the

refusal of the parents, guardian or custodian to permit a minor child to live with them or based

on the minor child's refusal to live with his parents, guardian or custodian; and in either of

the foregoing situations:

the conduct complained of presents a clear and substantial

danger to the minor child's life or health and the intervention of the Juvenile Court is essential

to provide the treatment, rehabilitation or services needed by the minor child or his family;

or, the minor child or his family is in need or treatment, rehabilitation or services not presently

being received and the intervention of the Juvenile Court is essential to provide this treatment,

rehabilitation or services.

"Extended Family" means any familial or culturally defined clan or band

relationships.

"Foster home" means placement with a family whose home has been licensed

to accept placement of children under the age of eighteen (18) years.

"Guardian" is a person other than a parent, assigned by a court of law, who has

the duty and authority to provide care, shelter, and control of a minor child.

"Group home" is a residential detention facility which is licensed to care for

children under the age of eighteen (18) years.

"He/His" means that the use of he or his is gender neutral and includes she or

her; the singular includes the plural.

"Interim care" is the status of temporary physical control of a child whose family

is "in need of services".

"Juvenile counselor" means the juvenile counselor or the juvenile probation

officer or any other appropriately titled person who performs the duties and responsibilities

set forth in the Chapter 6 of this Code or as required by the Court.

"Juvenile facility" means any facility other than a school that cares for juveniles

or restricts their movement, including secure juvenile facilities, alcohol or substance abuse

emergency shelter or halfway houses, foster homes, emergency foster homes, group homes,

and shelter homes as defined herein.

"Juvenile offender" is a minor child who commits a "juvenile offense" prior to

his eighteenth (18th) birthday.

"Juvenile offense" is a criminal violation of the Law and Order Code of the

Pyramid Lake Paiute Tribe which has been committed by a person who is under the age of

eighteen (18) years at the time the offense was committed.

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"Minor in Need of Care" is a person under the age of eighteen (18) years who:

has no parent, guardian or custodian available and willing to care for him; has suffered or is

likely to suffer a physical injury inflicted upon him by other than accidental means, which

causes or creates a substantial risk of death, permanent disfigurement or impairment of bodily

or mental functions; has not been provided adequate food, clothing, shelter, medical care,

education or supervision by his parent, guardian or custodian necessary for his health and

welfare; has been sexually abused; has been suffering emotional abuse by his parents,

guardian, or custodian through the use of abusive or profane language, or derogatory

remarks, including the cultural heritage of the child or his parents, or repeated false

accusations; has been committing delinquent acts as a result of parental pressure, guidance,

or approval or lack of adequate supervision; or has committed an offense which would be a

crime if committed by an adult.

"Juvenile shelter care facility" is any juvenile facility other than a secure juvenile

detention facility.

"Least restrictive alternative" means that the Court shall select the least drastic

method of achieving its goal; the restrictions placed on the child must be reasonably related

to the Court's objectives.

AA.

"Parent" includes a natural or adoptive parent, but does not include parents

whose parental rights have been legally terminated, nor does it include the unwed father

whose paternity has not been acknowledged or established.

BB.

"Probation" is a legal status created by court order whereby a "juvenile

offender" is permitted to remain in his home under prescribed conditions and under the

supervision of a person designated by the Court. A "juvenile offender" on probation is subject

to return to court for further proceedings in the event of his failure to comply with any of the

prescribed conditions of probation.

3.6.200

JURISDICTION

3.6.202

Jurisdiction

Except as otherwise provided by law, the Juvenile Court shall have jurisdiction in

proceedings:

Concerning any Indian juvenile in need of supervision within the Tribe's

territorial jurisdiction;

Concerning any Indian juvenile who is delinquent, neglected, or dependent,

within the Tribe's territorial jurisdiction;

Concerning any transfer proceeding to or from a court of another sovereign in

a juvenile's case;

To determine the legal custody of any juvenile or to appoint a guardian of the

person or legal custodian of any juvenile who comes within the Court's jurisdiction;

For the issuance of orders for the support of minors;

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To determine the parenti;lge of a minor child and to make an order of support

in connection therewith;

For the adoption of a person of any age;

For judicial consent to the marriage, employment, or enlistment of a juvenile

when such consent is required by law; and

For the treatment or commitment of a mentally ill or developmentally disabled

juvenile who comes within the Court's jurisdiction.

3.6.204

Concurrent Jurisdiction

The Court has concurrent jurisdiction over the following:

Any person who is a member or a descendant of a member of any Federallyrecognized Indian tribe;

Any juvenile residing off the Reservation who is a member of the Tribe in

proceedings covered by the Indian Child Welfare Act pending in state courts or other tribal

courts.

The Court may issue temporary restraining orders providing for protection,

support, or medical or surgical treatment as it deems in the best interest of any juvenile

concerning whom a petition has been filed prior to adjudication or disposition of his case.

Jurisdiction over Extended Family. Where the Court asserts jurisdiction over a

juvenile under this Code, the Court shall also have jurisdiction over the juvenile's extended

family whenever necessary to further the best interests of the juvenile.

Continuing Jurisdiction. The Juvenile Court may retain continuing jurisdiction

over juveniles and their extended families that, while subject to the Court's jurisdiction, leave

the Reservation, whenever necessary to further the best interest of the juvenile.

Full Faith and Credit. Orders of state courts and other tribal courts involving

juveniles over whom the Court could assume jurisdiction shall be recognized and given full

faith and credit if:

3.6.300

The issuing court had jurisdiction over the parties and the subject matter;

The procedures specified in the Indian Child Welfare Act, if applicable,

were properly followed; and

Due process and other rights provided by the Indian Civil Rights Act were

accorded to all interested parties.

TRANSFER TO ADULT COURT

3.6.302

Transfer Petition

An Officer of the Court may file a petition requesting the Juvenile Court to transfer the

juvenile to the jurisdiction of the Adult Court if the juvenile is over sixteen (16) years of age

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and is alleged to have committed an act which would have been considered a serious crime if

committed by an adult.

3.6.304

Transfer Hearing

The Court shall conduct a hearing to determine whether or not jurisdiction of the

juvenile should be transferred to the Adult Court. Written notice of the time, place, and

purpose of the hearing is to be given to the juvenile and the juvenile's parent, guardian, or

custodian at least five days before the hearing. At the commencement of the hearing, the

Court shall notify the juvenile and the juvenile's parent, guardian or custodian of their rights

under §3.6.604 of this Code.

3.6.306

Deciding Factors in Transfer Hearing

The following factors shall be considered when determining whether or not to transfer

jurisdiction of the juvenile to the Adult Court:

The nature and seriousness of the offense with which the juvenile is charged;

The nature and condition of the minor child, as evidenced by his age, mental

and physical condition; and

3.6.308

The past record of offenses.

Standard of Proof in Transfer Hearing

The Court may transfer jurisdiction of the juvenile to the Adult Court only if the Court

finds clear and convincing evidence that both of the following circumstances exist:

There are no reasonable prospects for rehabilitating the juvenile through the

resources available to the Juvenile Court; and

The offense(s) allegedly committed by the juvenile evidence a pattern of

conduct which constitutes a substantial danger to the public.

3.6.310

Pre-Hearing Report in Transfer Proceedings

At least three days prior to the transfer hearing, the petitioner shall prepare a prehearing report for the Court and make copies of that report available to the juvenile and the

juvenile's advocate, parent, guardian, or custodian. The pre-hearing report shall address the

issues described in §3.6.306 and §3.6.308 above.

3.6.312

Written Transfer Order

A juvenile may be transferred to Adult Court only if the Juvenile Court issues a written

order after the conclusion of the transfer hearing which contains specific findings and reasons

for the transfer in accordance with §3.6.306 and §3.6.308. This written order terminates the

jurisdiction of the Juvenile Court over the minor child with respect to the juvenile offense(s)

alleged in the petition. No juvenile shall be deemed prosecuted in the Adult Court for a criminal

offense unless the case has been transferred to the Adult Court as provided in this Chapter.

3.6.400

JUVENILE COURT PROCEDURE

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3.6.402

Non-Criminal Proceedings

No adjudication upon the status of any minor child in the jurisdiction of the Juvenile

Court shall be deemed criminal or be deemed a conviction of a crime unless the Juvenile Court

transfers jurisdiction to the Adult Court according to §3.3.300 et seq. of this Code.

3.6.404

Use in Other Proceedings

The adjudication, disposition, and evidence presented before the Juvenile Court shall

be inadmissible as evidence against the juvenile in any proceeding in another court, including

Tribal Court.

3.6.406

Effects of Proceedings

No adjudication or disposition in proceedings under this Chapter shall impose

any civil liability on a juvenile or disqualify him from any Tribal personnel system or military

service application or appointment or from holding Tribal office.

No adjudication, disposition, or evidence given in proceedings brought under

this Chapter shall be admissible against a juvenile in any criminal or other action or

proceedings, except in subsequent proceedings under this Chapter concerning the same

juvenile.

3.6.408

Inspection of Court Records

Records of Court proceedings shall be open to inspection by the parent,

guardian or custodian, attorneys and other parties in proceedings before the Court, and to

any agency to which legal custody of the child has been transferred, except records of court

proceedings in formal adoption and formal relinquishment proceedings shall be confidential

and open to inspection only by court order.

With consent of the Court, records of Court proceedings may be inspected by

the child, by persons having a legitimate interest in the proceedings, and by persons

conducting pertinent research studies, except in formal relinquishment and formal adoption

proceedings.

C. Probation officer's records and all other reports of social and clinical studies shall

not be open to inspection, except by consent of the Court.

3.6.410

Law Enforcement Records

The records of law enforcement concerning all juvenile cases or juveniles taken

into temporary custody or issued a summons under the provisions of this Chapter shall be

maintained separately from the records of arrest and may not be inspected by or disclosed to

the public except:

To the victim in each case when the juvenile is found guilty of a delinquent

act;

When the juvenile has escaped from an institution to which he has been

committed;

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By order of the Court;

When the Court orders the juvenile to be held for criminal proceedings;

When the disclosure is to a Tribal, Federal or State officer, employee, or

agency in their official capacity that shows a bona fide need for the

information requested to assist in apprehension, to conduct a current

investigation, or as otherwise provided by Tribal law.

3.6.412

Rules of Procedure

The procedures in Court shall be governed by the rules of procedure for the Court that

is not in conflict with this Chapter.

3.6.500

RIGHTS OF PARTIES IN JUVENILE PROCEEDINGS

3.6.502

Privilege against Self-Incrimination

A juvenile alleged to be a "juvenile offender" or a juvenile whose family is "in need of

services" shall from the time of being taken into custody be accorded and advised of the

privilege against self-incrimination and from the time the juvenile is taken into custody shall

not be questioned except to determine identity, to determine the name(s) of the juvenile's

parent or legal guardian, or to conduct medical assessment or treatment for alcohol or

substance abuse when the juvenile's health and well-being are in serious jeopardy.

3.6.504

Admissibility of Evidence

In proceeding on a petition alleging that a juvenile is a "juvenile offender" or a juvenile

whose family is "in need of services:"

An out-of-court statement that would be inadmissible in a criminal matter in

Court shall not be received in evidence;

Evidence illegally seized or obtained shall not be received into evidence to

establish the allegations of a petition;

Unless advised by counsel, the statements of a juvenile made while in custody

to the Juvenile Probation Officer, including statements made during a preliminary inquiry,

informal disposition or pre-dispositional study, shall not be used against the juvenile in

determining the truth of allegations of the petition;

A valid out-of-court admission or confession by the juvenile is insufficient to

support a finding that the child committed the acts alleged in the petition unless it is

corroborated by other evidence; and

Neither the fact that the juvenile has at any time been a party to a "family in

need of services" proceeding nor any information obtained during the pendency of such

proceedings shall be received into evidence.

3.6.506

Fingerprinting and Photographs

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A juvenile in custody shall not be fingerprinted nor photographed for criminal

identification except by order of the Court. If an order of the Court is given, the fingerprints

or photographs shall be used only as specified by the Court.

3.6.508

Right to Retain Counsel

In "juvenile offender" and "family in need of supervision" cases, the juvenile and his

parent, guardian or custodian shall be advised by the Court and/or its representative, that

the juvenile may be represented by counsel at all stages of the proceedings. If counsel is not

retained for the juvenile, or if it does not appear that counsel will be retained, the Court in its

discretion may appoint the Defense Advocate as counsel for the juvenile.

3.6.510

Explanation of Rights

At his first appearance before the Court, the juvenile alleged to be a "juvenile offender"

or a "minor in need" and the juvenile's parent, guardian or custodian shall be informed by the

Court of the following:

The allegations against him;

The right to an advocate or an attorney at his own expense;

The right to testify or to remain silent and that any statement made by him

may be used against him;

The right to cross-examine witnesses;

The right to subpoena witnesses on his own behalf and to introduce evidence

on his own behalf; and

The possible consequences if the allegations in the petition are found to be true.

3.6.600

JUVENILE OFFENDER TAKEN INTO CUSTODY

3.6.602

Taking a Juvenile into Custody

A law enforcement officer or otherwise authorized person may take a juvenile into

custody when:

The juvenile commits a "juvenile offense" in the presence of the officer;

The officer has a reasonable suspicion to believe a "juvenile offense" has been

committed by the juvenile being detained; or

An appropriate custody order or warrant has been issued by the Court

authorizing the taking of a particular juvenile.

3.6.604

Provision of Rights

At the time the juvenile is taken into custody as an alleged "juvenile offender," the

arresting officer or otherwise authorized person shall give the following warning:

The juvenile has a right to remain silent;

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Anything the juvenile says can be used against the juvenile in Court;

The juvenile has a right to the presence of his parent, guardian, or custodian

and/or counsel during questioning; and

3.6.606

The juvenile has a right to an advocate or an attorney at his own expense

Release or Delivery from Custody

A law enforcement officer or otherwise authorized person taking a juvenile into custody

shall give warnings listed in §3.6.604 to any juvenile he takes into custody prior to questioning

and then shall do one of the following:

Release the juvenile to the juvenile's parent, guardian or custodian and issue

verbal counsel or warning as may be appropriate;

Release the juvenile to a relative or other responsible adult Tribal member if

the child's parent, guardian or custodian consents to the release (if the juvenile is ten [10]

years of age or older, the juvenile and his parent, guardian or custodian must both consent

to the release); or

Deliver the juvenile to the Juvenile Probation Officer or to a juvenile facility as

designated by the Court, or to a medical facility if the juvenile is believed to need prompt

medical treatment, or is under the influence of alcohol or other chemical substances.

3.6.608

Review by Juvenile Probation Officer or Juvenile Facility

The Juvenile Probation Officer or the juvenile official at the juvenile facility shall,

immediately upon delivery of the juvenile for custody, review the need for continued custody

and shall release the juvenile to his parent, guardian or custodian in order to appear at the

hearing on a date to be set by the Court, unless:

alleged;

The act is serious enough to warrant continued detention;

There is probably cause to believe the juvenile has committed the offense(s)

There is reasonable cause to believe that the juvenile will run away so that he

will be unavailable for further proceedings;

There is reasonable cause to believe that the juvenile will commit a serious act

causing damage to a person or property; or

There is reasonable cause to believe that the juvenile will cause harm to himself

directly or indirectly.

3.6.610

Notification of Family

If a juvenile is taken into custody and not released to his parent, guardian or custodian,

the person taking the juvenile into custody shall immediately attempt to notify the juvenile's

parent, guardian or custodian. All reasonable efforts shall be made to advise the parent,

guardian or custodian of the reason for taking the juvenile into custody and the place of

continued custody. Such reasonable efforts shall include telephone and personal contacts at

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the home or place of employment or other locations where the person is known to frequent.

If notification cannot be provided to the juvenile's parent, guardian or custodian, the notice

shall be given to a member of the extended family of the parent, guardian or custodian and

to the juvenile's extended family.

3.6.612

Criteria for Selecting Juvenile Facility

If the juvenile probation officer or juvenile official at the juvenile facility determines

that there is a need for continued custody of the juvenile in accordance with §3.6.602 of this

Code, then the following criteria shall be used to determine the appropriate facility for the

juvenile:

A. A juvenile may be detained at a secure juvenile detention facility as designated by

the Court only if one (1) or more of the following conditions are met:

The juvenile is a fugitive from another jurisdiction wanted for a felony

offense;

The juvenile is charged with murder, sexual assault, or a crime of violence

with a deadly weapon or which has resulted in a serious bodily injury;

The juvenile is uncontrollable and has committed a serious physical assault

on the arresting officer or on other security personnel while resisting arrest

or detention;

The juvenile is charged with committing one of the following acts which

would be an offense if the child were an adult: vehicular homicide,

abduction, rape, arson, burglary, or robbery;

The juvenile is already detained or on conditioned release for another

"juvenile offense;"

The juvenile has a demonstrable recent record of willful failures to appear

at Juvenile Court proceedings;

The juvenile has made a serious attempt to escape; or

The juvenile requests in writing that he be given protection by being

confined in a secure confinement area and there is a present and immediate

threat of serious physical injury to the juvenile.

A juvenile may be housed in a juvenile shelter care facility or a foster home upon

Court approval only if one of the following conditions exists:

One of the conditions described in §3.6.612.A exists;

The juvenile is unwilling to return home or to the home of an extended

family member;

The juvenile's parent, guardian, custodian or an extended family member

is unavailable, unwilling, or unable to permit the juvenile to return to his

home; or

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There is an evident and immediate physical danger to the child in returning

home and all the extended family members are unavailable, unwilling, or

unable to accept responsibility for temporary care and custody of the

juvenile.

C. A juvenile may be referred to an alcohol or substance abuse treatment facility or

halfway house if it is determined that there is a need for continued custody of the juvenile in

accordance with §3.6.608 of this Chapter and:

1. The juvenile has been arrested or detained for a "juvenile offense" relating to

alcohol or substance abuse,

2. There is space available in an alcohol or substance abuse treatment facility

or halfway house; and

3. The juvenile is not deemed to be a danger to himself or others.

3.6.700

JUVENILE OFFENDER - DETENTION HEARING

3.6.702

Requirement of Detention Hearing

Where a juvenile who has been taken into custody is not released, a detention hearing

shall be convened by the Court at the next available court date, exclusive of holidays and

weekends, on the juvenile's initial detention under §3.6.600 et seq. of this Chapter or at the

next date set for court hearings.

3.6.704

Purpose of Detention Hearing

The purpose of the detention hearing is to determine:

Whether or not probable cause exists to believe the juvenile committed the

alleged "juvenile offense;" and

3.6.706

Whether or not continued detention is necessary pending further proceedings.

Notice of Detention Hearing

Notice of the detention hearing shall be given to the juvenile and the juvenile's parent,

guardian or custodian and the juvenile's counsel as soon as the time for the detention hearing

has been set. The Notice shall contain:

The name of the Court;

The title of the proceedings;

A brief statement of the "juvenile offense" the juvenile is alleged to have

committed; and

3.6.708

The date, time and place of the detention hearing.

Detention Hearing Procedure

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Detention hearings shall be conducted by the Court separate from other proceedings.

At the commencement of the detention hearing, the Court shall notify the juvenile and the

juvenile's parent, guardian or custodian of their rights under §3.6.500 et seq. of this Chapter.

The general public shall be excluded from the proceedings. Only the parties, their counsel,

witnesses and other persons requested by the parties or the Court shall be admitted.

3.6.710

Standards to be Considered at Detention Hearing

The Court shall consider the evidence at the detention hearing as it pertains to the

detention criteria set forth in §3.6.608 and §3.6.612 of this Chapter.

3.6.712

Finding at Detention Hearing

The Court shall issue a written finding stating the reasons for release or continued

detention of the juvenile. If the Court determines that there is a need for continued detention,

the Court shall specify the type of detention facility in which the child is to be placed until the

adjudicatory hearing.

3.6.714

Re-hearing the Detention Matter

If the juvenile is not released at the detention hearing, and a parent, guardian,

custodian or a relative was not notified of the hearing and did not appear or waive appearance

at the hearing; the Court shall rehear the detention matter without unnecessary delay upon

the filing of a motion for rehearing and declaration stating the relevant facts.

3.6.800

INITIATING PROCEEDINGS AGAINST A JUVENILE OFFENDER

3.6.802

Filing of the Petition

Formal "juvenile offender" proceedings shall be instituted by Petition filed by

the Prosecutor on behalf of the Tribe and in the best interests of the juvenile, or as cited by

law enforcement.

The Prosecutor shall file a Petition after investigating the accuracy of the

information submitted to him and upon a finding of probable cause.

3.6.804

Petitions shall be filed with the Clerk of the Court.

Contents of the Petition

A Juvenile Offender Petition shall contain the following information:

Name, date of birth of the juvenile alleged to be a juvenile offender,

Residence and tribal affiliation of the juvenile;

Name and address of the parent, guardian or custodian of the juvenile;

Name and address of the person filing the petition;

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Signature of the person filing the petition and certification by that person that

the information contained in the petition is true and accurate to the best of his knowledge,

information and belief;

Statement of the alleged offense, with sufficient factual specificity to establish

probable cause that an offense has been committed;

Citation to the criminal statute or other law or ordinance which the juvenile is

alleged to have violated; and

Citation to the specific provision of the Tribal Code or Tribal Ordinance violated.

Statement as to whether or not the juvenile is in custody and, if so, the place

of detention and the time such juvenile was taken into custody.

3.6.806

Issuance of Summons

After a Juvenile Offender Petition has been filed, the Court shall direct the issuance of

a summons to the following parties:

Juvenile;

Juvenile's parent, guardian or custodian;

Juvenile's counsel;

Appropriate medical and/or alcohol rehabilitation experts; and

Any other person the Court deems necessary for the proceedings.

3.6.808

Contents of the Summons

The summons shall contain the name of the Court, the title of the proceedings, and

the date, time and place of the hearing. The summons shall also advise the parties of their

applicable rights under §3.6.604 of this Chapter. A copy of the Petition shall be attached to

the summons.

3.6.810

Service of the Summons

The summons shall be served upon the parties at least five (5) days prior to the

hearing. The summons shall be delivered by a law enforcement official or an officer of the

Court. If the summons cannot be delivered personally, the Court may deliver it by registered

mail. If the summons cannot be delivered by registered mail, service may be perfected by

publication. A party other than the juvenile may waive service of summons by written

stipulation or by voluntary appearance at the hearing.

3.6.900

DISPOSITION OF PETITION

The Prosecutor shall make an investigation within twenty (20) days of the filing of the

petition to determine whether or not the interests of the juvenile and the Tribe require that

further action be taken. Upon the basis of his investigation, the Prosecutor shall:

File a dismissal;

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Enter into a Consent Decree with the juvenile;

Recommend to the Court that the matter be set for an informal conference,

mediation or conflict resolution meeting attended by the law enforcement officer, the juvenile

probation officer, the alleged juvenile offender, the parent(s), guardian(s) or custodian(s) of

the juvenile, counsel for the juvenile if requested by the juvenile or parents, and, if

appropriate, the Director of Social Services; or

3.6.902

Proceed with adjudication.

Reports of Disposition of Petitions

The Prosecutor shall provide reports to the Court on the disposition of all petitions,

including the substance of informal conferences.

3.6.904

Consent Decree

Availability of Consent Decree. At any time after the filing of a "Juvenile

Offender" petition and before the entry of a judgment, the Court may, on motion of the

Prosecutor or counsel for the juvenile, suspend the proceedings and continue supervision of

the juvenile in the juvenile's own home under terms and conditions negotiated with the

Juvenile Probation Officer and agreed to by all the parties affected. The court order continuing

the juvenile under supervision under this Section shall be known as a "Consent Decree."

Objection to Consent Decree. If the juvenile objects to a consent decree, the

Court shall proceed to findings, adjudication and disposition of the case. If the juvenile does

not object, but an objection is made by the Prosecutor after consultation with the Juvenile

Probation Officer, the Court shall, after considering the objections and the reasons given,

proceed to determine whether or not it is appropriate to enter a consent decree and may, in

its discretion, proceed to enter the consent decree.

Duration of Consent Decree. A consent decree shall remain in force for six (6)

months unless the juvenile is discharged sooner by the Juvenile Probation Officer. Prior to the

expiration of the six (6) month period, and upon the application of the Juvenile Probation

Officer or any other agency supervising the juvenile under the consent decree, the Court may

extend the decree for an additional six (6) months in the absence of an objection to extension

by the juvenile. If the juvenile objects to the extension, the Court shall hold a hearing and

make a determination on the issue of extension.

Failure to Fulfill Terms and Conditions. If, either prior to a discharge by the

Juvenile Probation Officer or expiration of the consent decree, the juvenile fails to fulfill the

terms of the decree, the Prosecutor may file a petition to revoke the consent decree.

Proceedings on the petition shall be conducted according to §3.6.1200 et seq. If the juvenile

is found to have violated the terms of the consent decree, the Court may:

Extend the period of the consent decree; or

Make any other disposition which would have been appropriate in the

original proceeding.

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New Juvenile Offense Petition. If either prior to discharge or expiration of the

consent decree, a new "juvenile offender" petition is filed against the juvenile and the

Prosecutor has conducted a preliminary inquiry and authorized the filing of a petition upon a

finding that informal resolution is not in the best interests of the juvenile and public, the

Prosecutor may:

File a petition to revoke the consent decree in accordance with §3.6.904.D

of this Chapter; or

File a petition on the basis of the new petition which has been filed against

the juvenile.

Dismissal of Petition. A juvenile who is discharged by or who completes a period

under supervision of the Court without reinstatement of the original "juvenile offense" petition

shall not again be proceeded against in any court for the same offense alleged in the petition

or an offense based upon the same conduct, and the original petition shall be dismissed with

prejudice. Nothing in this Section precludes a civil suit against the juvenile for damages arising

from their conduct.

3.6.906

Informal Disposition

Informal Resolution. During the course of the preliminary investigation to

determine what further action shall be taken, the Prosecutor or Social Services if appropriate,

shall determine whether or not referral of the matter by the Court for an informal resolution

would be in the best interests of the juvenile and the Tribe.

Factors Supporting Informal Resolution. In advising the Court, the Prosecutor

shall consider the following factors in determining whether or not to proceed informally or to

adjudicate the petition:

Nature and seriousness of the offense;

Previous number of contacts with the police, prosecutor, or the Court;

Age and maturity of the juvenile;

Attitude of the juvenile regarding the offense;

Willingness of the juvenile to participate in a voluntary program; and

Participation and input from the juvenile's parent, guardian or custodian.

Recommendation of Informal Resolution. The Prosecutor shall advise the Court

that informal disposition is possible at the Probable Cause hearing and the Court shall order

that an informal conference be held with all relevant parties in attendance before any

dispositional hearing shall be held.

Informal Conference. II relevant parties shall meet at the informal conference,

including the juvenile, the juvenile's parents, guardian or custodian, any law enforcement

officer or school official involved, the Juvenile Probation Officer, if appropriate, and a

representative of Social Services.

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The Prosecutor shall inform the juvenile, the juvenile's guardian or

custodian of their basic rights under § 3.6.604 of this Chapter.

Statements made by the juvenile at the informal conference shall not be

used against the juvenile in determining the truth of the allegations

contained in the petition.

At the informal conference, on the basis of the information obtained

during the preliminary investigation and the conference, the Tribal

Prosecutor may enter into a written agreement with the juvenile and the

juvenile's parent, guardian or custodian specifying particular conditions to

be observed during an informal resolution period not to exceed nine (9)

months. The juvenile and the juvenile's parent, guardian or custodian

shall enter into the agreement with the knowledge that consent is

voluntary and that they may terminate the resolution period at any time

and petition the Court for a hearing on the case.

The juvenile shall be permitted to be represented by counsel at the

informal conference.

If the juvenile does not desire to participate voluntarily in a diversion

program, the Prosecutor shall recommend that the petition proceed to

adjudication.

Upon successful completion of the informal resolution agreement, the

case shall be closed and no further action taken in the case.

If the juvenile fails to complete the terms of his informal resolution

agreement successfully, the Prosecutor may recommend that the petition

proceed to adjudication.

3.6.1000

ADJUDICATION PROCEEDINGS - JUVENILE OFFENDER

3.6.1002

Purpose and Conduct of Adjudicatory Hearing

Hearings on "Juvenile Offender Petition shall be conducted by the Juvenile Court

separate from other proceedings. The Court shall conduct the adjudicatory hearing for the

sole purpose of determining whether or not the juvenile has committed a "juvenile offense.

At the adjudicatory hearing, the juvenile and the juvenile's parent, guardian or custodian shall

have the applicable rights listed in §3.6.604 of this Chapter. The general public shall be

excluded from the proceedings. Only the parties, their counsel, witnesses and other persons

requested by the parties shall be admitted.

3.6.1004

Time Limitations on Adjudicatory Hearings

If the juvenile remains in custody, the adjudicatory hearing shall be held within ten

(10) days of receipt of the "Juvenile Offender petition by the Court, or by the next Court

date. If the juvenile is released from custody or was not taken into custody, the adjudicatory

hearing shall be held within thirty (30) days of receipt of the "Juvenile Offender Petition by

the Court or as deemed appropriate by the Judge.

3.6.1006

Notice of Hearing

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Notice of the adjudicatory hearing shall be given to the juvenile and the juvenile's

parent, guardian or custodian, the juvenile's counsel and any other person the Court deems

necessary for the hearing at least five (5) days prior to the hearing in accordance with

§3.6. 706 of this Chapter.

3.6.1008

Denial of Allegations

If the allegations contained in the "Juvenile Offender" petition are denied, the Juvenile

Court shall set a date, in accordance with §3.6.1004 above, to hear evidence on the petition.

3.6.1010

Admission of Allegations

If the juvenile admits the allegations of the petition, the Court shall consider a

disposition only after a finding that:

The juvenile fully understands his rights under §3.6.604 of this Chapter, and

fully understands the consequences of his admission;

The juvenile voluntarily, intelligently, and knowingly admits all facts necessary

to constitute a basis for Court action; and

The juvenile has not, in his statements on the allegations, set forth facts, which

if found to be true, would be a defense to the allegations.

3.6.1012

"Juvenile Offender" Finding after Hearing

If the Court finds on the basis of proof beyond a reasonable doubt that the allegations

contained in the petition are true, the Court shall make and record its finding and schedule a

disposition hearing in accordance with §3.6.1200 of this Chapter. Additionally, the Court shall

specify in writing whether or not the juvenile is to be continued in an out-of-home placement

pending the disposition hearing.

3.6.1014

Dismissal of Petition

If the Court finds that the allegations on the "Juvenile Offender" petition have not been

established beyond a reasonable doubt, it shall dismiss the petition and order the child

released from any detention imposed in connection with the proceeding.

3.6.1100

JUVENILE OFFENDER PRE-DISPOSITION STUDIES:

EXAMINATIONS

3.6.1102

Predisposition Study and Report

REPORTS AND

The Court shall direct the Juvenile Probation Officer to prepare a written predisposition

study and report for the Court concerning the juvenile, the juvenile s family, environment,

and any other matter relevant to the need for treatment or other appropriate disposition of

the case when:

The juvenile has been adjudicated as a "juvenile offender;" or

A notice of intent to admit the allegations of the petition has been filed.

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3.6.1104

Contents of Pre-Disposition Study and Report

The report shall contain a specific plan for the juvenile aimed at resolving the problems

presented in the petition. The report shall contain a detailed explanation showing the necessity

of the proposed plan. Preference shall be given to the dispositional alternatives which are the

least restrictive of the juvenile's freedom and are consistent with the interests of the Tribe.

3.6.1106

Medical Assessment and Treatment for Alcohol or Substance Abuse

The Court may order a medical assessment of a juvenile arrested or detained for a

"juvenile offense relating to or involving alcohol or substance abuse to determine the mental

or physical state of the juvenile so that appropriate steps can be taken to protect the juvenile's

health and well-being.

3.6.1108

Pre-Adjudication Examination

Disabled Juvenile

of Emotionally or Developmentally

Where there are indications that the juvenile may be emotionally disturbed or

developmentally disabled, the Court may order the juvenile to be tested by a qualified

psychiatrist or psychologist prior to a hearing on the merits of the Petition. An examination

made prior to the hearings, or as a part of the pre-disposition study and report, shall be

conducted on an outpatient basis unless the Court finds that placement in a hospital or other

appropriate facility is necessary.

3.6.1110

Pre-Disposition Examination

The Court may order an examination of a juvenile adjudicated as a "juvenile offender"

by a physician, psychiatrist or psychologist. Following the adjudicatory hearing, the Court may

also order the examination by a physician, psychiatrist or psychologist of a parent or custodian

who gives his consent and whose ability to care for or supervise a juvenile is an issue before

the Court at a dispositional hearing.

3.6.1112

Transfer for Diagnosis

The Court may order that a juvenile adjudicated as a "juvenile offender" be transferred

to an appropriate facility for a period of not more than sixty (60) days for purposes of

diagnosis with direction that the Court be given a written report at the end of that period

indicating the disposition which appears most suitable.

3.6.1114

Submission of Reports

Evaluations, assessments, dispositional reports and other material to be considered by

the Court in a juvenile hearing shall be submitted to the Court and to the parties no later than

three (3) days before the scheduled hearing date. A declaration, including reasons why a

report has not been completed, shall be filed with the Court no later than three (3) days

before the scheduled hearing date if the report will not be submitted before the deadline. The

Court may, in its discretion, dismiss a petition if the necessary reports, evaluations or other

material have not been submitted in a timely manner, unless good cause can be shown for

the delay.

3.6.1200

JUVENILE OFFENDER - DISPOSITION PROCEEDINGS

3.6.1202

Purpose and Conduct of Disposition Hearing

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Disposition hearings shall be conducted by the Court separate from other proceedings.

The Court shall conduct the disposition hearings to determine how to resolve a case after it

has been specifically determined at the adjudicatory hearing that the juvenile has committed

a specific "juvenile offense." The Court shall make and record its dispositional order in

accordance with §3.6.1210 and §3.6.1300 et seq. of this Chapter. At the disposition hearing,

the juvenile and the juvenile's parent, guardian or custodian shall have the applicable rights

listed in § 3.6.604 of this Chapter. The public shall be excluded from the proceedings. Only

the parties, their counsel, witnesses and persons requested by the parties shall be admitted.

3.6.1204

Time Limitations on Disposition Hearings

If the juvenile remains in custody, the disposition hearings shall be held within fourteen

(14) days after the adjudicatory hearing or by the next scheduled Court date. If the juvenile

is released from custody or was not taken into custody, the disposition hearing shall be held

within thirty (30) days of the adjudicatory hearing.

3.6.1206

Notice of Disposition Hearing

Notice of the disposition hearing shall be given to the juvenile and the juvenile's

parent, guardian or custodian, the juvenile's counsel and any other person the Court deems

necessary for the hearing at least five (5) days before the hearing in accordance with §3.6. 706

of this Chapter.

3.6.1208

Evidence and Reports

In the disposition hearing, the Court may consider all relevant and material evidence

determining the questions presented, including oral and written reports, and may rely on such

evidence to the extent of its probative value even though not otherwise competent. The Court

shall consider any predisposition report, physician's report or social study it may have ordered

and afford the juvenile, the juvenile's parent, guardian or custodian and the juvenile's counsel

the opportunity to controvert the factual contents and conclusions of the report(s). The Court

shall also consider the alternative predisposition report or recommendations prepared by the

juvenile or the juvenile's counsel, if any.

3.6.1210

Disposition Alternatives

If a juvenile is found by the Court to be a "juvenile offender," the Court may make and

record any of the following orders of disposition for the juvenile's supervision, care and

rehabilitation:

Permit the juvenile to remain with the parent, guardian or custodian, subject

to such conditions and limitations as the Court may prescribe;

Place the juvenile in the legal custody of a relative or other suitable person,

subject to such conditions and limitations as the Court may prescribe; order the juvenile to

pay restitution;

Order the juvenile to pay restitution;

Place the juvenile under protective supervision under such conditions and

limitations as the Court may prescribe;

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Place the juvenile on probation, either formal or informal as is appropriate,

under such conditions and limitations as the Court may prescribe; or

Place the juvenile in a juvenile facility designated by the Court, including alcohol

or substance abuse emergency shelter or halfway house, emergency foster home, foster

home, group home, shelter home, or a secure juvenile detention facility.

3.6.1300

JUVENILE OFFENDER - REVIEW, MODIFICATION, REVOCATION,

EXTENSION OR TERMINATION OF DISPOSITIONAL ORDERS

3.6.1302

Mandatory Review of Disposition Order

Dispositional orders are to be reviewed at the Court's discretion at least once every

six (6) months.

3.6.1304

Modification, Revocation, or Extension of Disposition Order

The Court may hold a hearing to modify, revoke or extend a disposition order at any

time upon the motion of the:

Juvenile;

Juvenile's parent, guardian or custodian;

Juvenile's counsel;

Juvenile Probation Officer;

Prosecutor;

Institution, agency or person vested with the legal custody of the juvenile or

responsibility for protective supervision; or

3.6.1306

Court on its' own motion.

Hearing to Modify, Revoke or Extend Disposition Order

A hearing to modify, revoke or extend the disposition shall be conducted according to

the procedures set out in §3.6.1200 et seq. of this Chapter.

3.6.1308

Automatic Termination of Disposition Order

When the juvenile reaches the age of eighteen (18) years, all disposition orders shall

automatically terminate, unless the original disposition order was made within one (1) year

of the juvenile's eighteenth (18th) birthday or after the juvenile has reached eighteen (18)

years of age, in which the disposition order may not continue more than one (1) year. The

records concerning the juvenile shall be destroyed according to §3.6.1510 of this Chapter.

3.6.1400

APPEALS

WHO CAN APPEAL. Any party to a Juvenile Court hearing may appeal a final

court order, including all transfer, adjudication and/or disposition orders except that the Tribe

cannot appeal an adjudication order.

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TIME LIMIT FOR APPEAL. Any party appealing a final court order or disposition

shall file a written notice of appeal with the Court within thirty (30) days of the final order or

disposition.

RECORD. For purposes of appeal, a record of proceedings shall be made

available to the juvenile, guardian or custodian and the juvenile's counsel. Costs of obtaining

this record shall be paid by the party seeking the appeal.

STAY OF EXECUTION OF FINAL ORDER. A final Juvenile Court order or

disposition of a hearing may be stayed by the filing of an appeal.

CONDUCT OF PROCEEDINGS. All appeals shall be conducted in accordance with

the Code and the Court's Rules of Procedure so long as those provisions are not in conflict

with the provisions of this Code.

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PART 2

JUVENILE OFFENSES

3.6.1500

Juvenile Delinquency

The juvenile shall be brought before the Juvenile Court to be cited as a juvenile

delinquent under the provisions of the Law and Order Code only if the juvenile has committed

an act which, if committed by an adult, would be a violation of the Law and Order Code. In

addition, a minor child may be declared a "juvenile delinquent" if found in violation of the

provisions of certain actions which are offenses only because they are committed by a person

under the age of eighteen (18) years of age, as listed below.

3.6.1502

School Attendance

Required School Attendance and Unexcused Absences.

Every child between the ages of five (5) and eighteen (18) years of age

residing on the Reservation shall regularly attend school unless excused

due to illness or other circumstances which make the absence reasonable.

It is the duty of the parent, legal guardian or custodian of every child to

assure that the child attends school.

The parent, legal guardian or custodian of the child shall provide to the

child's school a written explanation for the child's absence from school. If

a child is absent for more than three (3) days due to physical or mental

illness, the parent, legal guardian or custodian shall provide to the child's

school a written recommendation from a licensed physician.

An unexcused absence is one for which a school, parent, guardian or

custodian has not given written approval of a child's absence or the

absence is not due to illness or other circumstances which make the

absence reasonable.

Attendance Standards and Records. It is the duty of each school administrator

or his designated representative to:

Establish and provide parents, guardians or custodians and pupils with a

written non-exclusive list of reasonable excuses for absence prior to the

beginning of each school year; and

Maintain accurate and complete records or attendance during the school

year.

Conditions Under which Child Deemed Truant:

The Attendance Officer or other person designated by the Tribal Council

is authorized to make a finding of truancy after investigation into the

reasons for the unexcused absence.

A child shall be deemed a truant whose absence from school has been

determined to be unexcused under §3.6.1502.A.

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An unexcused absence for at least one (1) period, or the equivalent of one

(1) period may be deemed a truancy for purposes of this Section.

Under this Section, each day that a child is absent without an excuse for

any period of time may be considered a separate occurrence of truancy,

if the child's parent, guardian or custodian receives a written notice of

each such absence.

Notices of Truancy.

If the school administrator or other person designated by the Tribal

Council determines that the pupil's absence was unexcused, the officer or

other designated representative shall notify the parent, legal guardian or

custodian in writing of the pupil's unexcused absence.

The notice of an unexcused absence under Subsection 1 above shall

specifically inform the child's parent, guardian or custodian of the

unexcused absence and also state that the child was truant upon that

occasion.

Taking Absent Children into Custody.

Any minor child who has been reported by a school to be absent from

school in probable violation of §3.6.1502.A. may be apprehended and

taken into custody without a warrant.

Upon apprehending a minor child absent from school, the officer

apprehending the minor child may decline to take the child into custody if

the apprehending officer or other person designated by the Tribal Council

shall investigate the circumstances of the incident and include all results

of investigation and a description of actions taken in the report required

by §3.6.1502.D.

Any minor child taken into custody pursuant to Subsection 1 shall

immediately be delivered to his school. If the minor child cannot be

delivered to his school during regular school hours, the minor child shall

be immediately delivered to his parent, guardian or custodian.

A written report of all actions taken under this Section, which includes the

circumstances of any decision not to take an apprehended minor child into

custody, shall be made to Social Services and the Juvenile Probation

Officer within two (2) days of such actions.

Habitual Truancy.

A minor child is a habitual truant who has been found by designated school

officials to be truant on at least four (4) separate occasions in one (1) nine

(9) week period and who needs the supervision of the Juvenile Court to

assure future school attendance.

Any truancy or law enforcement officer, school official or the parent,

guardian or custodian of a minor child may request the attendance officer

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or other person designated by the Tribal Council to file a petition with

Juvenile Court alleging that the minor child is a habitual truant.

The Juvenile Court shall consider habitual truancy petitions under the

same procedures found in this Chapter. All parties to such proceedings

shall have all of the rights provided in other Juvenile Court proceedings.

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

the minor child is a habitual truant, the Juvenile Court shall enter a Decree

of Habitual Truancy.

Effect of Decree of Habitual Truancy.

If a minor child is found to be a habitual truant, the Juvenile Court

may make any disposition regarding custody, placement or

supervision of the minor child which will ensure the minor child's

future school attendance.

Preference shall be given to a disposition which provides for the

custody of the minor child by parents, legal guardian or blood

relatives.

Failure of Parent, Guardian or Custodian to Comply with Duty to Assure School

Attendance. The failure of any parent, guardian or custodian of a minor child to ensure the

school attendance of such minor child may be grounds for the Tribal Court to assume

jurisdiction over the minor child and to make a disposition of the child regarding custody,

placement and supervision of the child to ensure future school attendance by the child. Such

failure may also be grounds for the Prosecutor to bring a complaint against the parent,

guardian or custodian under §3.6.1502 of this Chapter.

3.6.1504

Exceptions for Home School or Private School Students

Pursuant to the provisions of the Nevada Revised Statutes §392.070,

attendance of a child required by the provisions of §3.6.1502 of this Chapter must be excused

when:

3.6.1506

The minor child is enrolled in a private school pursuant to this Chapter;

The parent of a minor child chooses to provide education to the child and

files a Notice of Intent to Home School the minor child with the school

district in which the child resides.

Running Away

Any minor child under eighteen (18) years of age who runs away from his home or

placement shall be immediately reported to the Tribal Police and the Tribal Police will notify

Social Services. Upon the ex parte petition of a parent, guardian or custodian, Social Services

or Tribal Police, the Court shall issue a warrant to take the child into protective custody.

3.6.1508

Curfew Violations

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A minor child found after the following time periods in a place other than his

domicile shall be presumed to be in violation of the specified curfew:

Minors under Fourteen (14) Years of Age. For minors under fourteen (14)

years of age, the following curfew hours are established:

On weeknights during the school term, except for vacation periods,

the curfew shall be between the hours of 8:00 p.m. and 6:00 a.m.

On Saturday and Sunday nights and during school vacations periods,

the curfew hours shall be between the hours of 9:00 p.m. and 6:00

a.m.

Minors Fourteen (14) Years of Age and Older. For minors fourteen (14)

years of age and older, the following curfew hours are established:

On week nights during the school term, except for vacation periods,

the curfew shall be between the hours of 9:00 p.m. and 6:00 a.m.

On weekend nights and during school vacation periods, the curfew

shall be between the hours of 11:00 p.m. and 6:00 a.m.

Exception to Curfew Hours. The curfew hours specified in this Section shall not

be applicable to those minors who:

Are under the supervision of a responsible adult and are accompanied by

such adult;

Are returning to their domiciles after participating in an activity which

ended after the designated curfew hour; or

Are attending a function sponsored by a religious, educational, cultural,

sport or tribal organization.

Penalties for Violations.

PENALTY FOR MINOR. Those minors who are found violating the

designated curfew shall be considered "juvenile offenders" under this

Chapter and shall be subject to the jurisdiction of the Juvenile Court for

adjudication. In addition, the Court may impose a community service

obligation on the minor which is equivalent to not less than Fifty Dollars

($50.00) and not more than One Hundred Fifty Dollars ($150.00) for each

curfew violation.

PENALTY FOR PARENT, GUARDIAN OR CUSTODIAN. Any parent, guardian

or custodian who shall negligently or purposefully permit a violation of the

curfew requirements for a minor under his care shall be liable for a fine of

not less than One Hundred Dollars ($100.00) and not more than Two

Hundred Fifty Dollars ($250.00) and/or a jail term of not more than five

(5) days.

PENALTY FOR OTHER ADULTS. Any adult who shall assist, aid, abet,

counsel or lure a minor to be in violation of this Chapter shall be subject

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to a jail term of not more than ten (10) days and/or a fine of not more

than Five Hundred Dollars ($500.00).

3.6.1510

Expungement of Records

Any juvenile offender who has reached the age of eighteen (18) years of age

shall automatically have the records of his case sealed.

Any juvenile offender who has reached the age of twenty-one (21) years of age

shall automatically have the records of his case destroyed.

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PART 3

DEPENDENCY HEARING

3.6.1600

GENERAL PROVISIONS

3.6.1602

Authority

This Part is adopted by the Pyramid Lake Paiute Tribal Council pursuant to Article VI

(j) of the Constitution of the Pyramid Lake Paiute Tribe and Article V of the By-Laws of the

Pyramid Lake Paiute Tribe. It is the policy of this Code, that:

The young people within the jurisdiction of the Pyramid Lake Paiute Tribe are

the Tribe's most important resource and their welfare is of paramount importance to the

Pyramid Lake Paiute Tribe.

It is imperative that the young people within the jurisdiction of the Tribe receive

the care and guidance needed to prepare them to take their places in adult society.

3.6.1604

Purpose

This Chapter shall be liberally interpreted and construed to fulfill the following

expressed purposes:

To provide for the welfare, care and protection of the children and families on

the Reservation by establishing procedures to protect the best interests of children and

families on the Reservation and to protect its customs and culture.

To prevent the unwarranted break-up of Indian families by incorporating

procedures that recognize the rights of children and parents or other custodial adults, and,

where possible, to maintain and strengthen the family unit.

Whenever possible, family life shall be strengthened and preserved, and the

primary efforts will be toward keeping the child with his or her family, and if this is not

possible, then efforts shall be made toward maintaining the child's physical and emotional ties

with the child's extended family and with the Tribal community.

To take such actions as may be necessary and feasible to prevent the abuse,

neglect or abandonment of children and to provide a continuum of services for children and

their families.

3.6.1606

Intent

It is the intent of the Tribe in enacting this Chapter to incorporate to the fullest

extent possible the honored customs and traditions of the minor child's tribe, consistent with

the Indian Civil Rights Act, 25 U.S.C. §1301 et seq., and with the needs and realities of tribal

lives and conditions on the Reservation. Evidence may be introduced in any proceeding

conducted pursuant to this Chapter of such customs and traditions, except in cases involving

allegations of physical abuse.

Where it is shown to the satisfaction of the Tribal Judge that the customs and

traditions of the minor child's tribe are consistent with the provisions of this Chapter, then the

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Judge shall adopt such customs and traditions for the purposes of the hearing and such

customs and traditions shall have the effect of law governing that particular hearing.

3.6.1608

Definitions

"Minor in Need of Care" means a minor child under eighteen (18) years of age

who has been found to be one or more of the following:

"Abused Child:" A minor child who has been physically, emotionally,

psychologically, or sexually abused, mistreated, or exploited by any

person; "child abuse" includes, but is not limited to, any case:

In which the minor child exhibits evidence of skin bruising, bleeding,

malnutrition, failure to thrive, burns, fractures of any bone, subdural

hematoma, soft tissue swelling, or any other physical injury or impact

that may be the result of deliberate and/or intentional infliction by any

person and this condition is not justifiably explained or may not be the

result of accidental occurrence;

b. In which a minor child is mentally or emotionally injured by the

behaviors of the parent, guardian or custodian of the minor child and

such injuries result in observable and substantial impairment of the

minor child's mental, emotional, or psychological ability to function;

In which a minor child is subjected to sexual assault, pornography,

prostitution, or is otherwise exposed to inappropriate sexual conduct;

and/or

d. In which a minor child is subjected to substantial risk of harm to his

or her health, safety or welfare, including risks associated with family

violence.

e. See also §3.6.110 X: "Minor in Need of Care."

"Neglected Child is:"

a. One whose parent, guardian or custodian fails to provide the minimum

care which a reasonably prudent parent would provide in the same or

similar circumstances for the subsistence, education, and welfare of

the minor child, although the parent or custodian was able to furnish

such needs or has refused Tribal or other assistance for furnishing

such needs, and such failure is likely to result in serious harm to the

minor child as determined by appropriate medical or professional

persons;

b. One who has a special physical or mental condition for which the minor

child's parent, guardian or custodian neglects to provide a reasonable

level of special care; or

c. One whose parent, guardian or custodian is unable to discharge his or

her responsibilities for the minor child because of incarceration.

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"Abandoned Child is one whose parent, guardian or custodian is not

identifiable, or, if known, has made no reasonable efforts to care for or

arrange substitute care for the minor child for a period of twenty-four (24)

hours or more, and has not indicated an intent to resume care of the

minor child; or a runaway minor child that has not been reported missing

by the parent within twenty-four (24) hours.

"Dependent Child is one who is homeless or destitute or without proper

care and support, through no fault of his parent, legal guardian or

custodian, including hospitalizations, or other physical or mental

incapacity of the parent, guardian or custodian.

"Court means the Juvenile Court of the Pyramid Lake Tribal Court, unless

another court is clearly specified or intended.

"Indian" means any person who is enrolled in (or eligible for enrollment in) any

federally-recognized Indian Tribe, or any person who is legally recognized as Indian under

Federal common law, including Canadian Indians and Alaskan Natives.

"Tribe" means the Pyramid Lake Paiute Tribe and all its agencies, programs and

departments.

"Tribal Child" means a person under the age of 18 years of age who:

Is a member of the Pyramid Lake Paiute Tribe; or

Is an Indian child residing or domiciled within the exterior boundaries of

the Pyramid Lake Paiute Reservation; or

Has been declared a Ward of the Court of the Pyramid Lake Paiute Tribe.

"Tribal Council" means the Tribal Council of the Pyramid Lake Paiute Tribe.

"Tribal Court means the Pyramid Lake Tribal Court.

"Tribal Member" means an enrolled member of the Pyramid Lake Paiute Tribe.

"Tribal Police" means the law enforcement of the Pyramid Lake Paiute Tribe.

"Ward of the Court" means a child who is subject to the supervision, care,

and/or management of a person, agency, department, or institution legally appointed by the

Tribal Court and who remains under the continuing jurisdiction of the Tribal Court; "ward"

also means a child who is made a ward of the Tribal Court under the provisions of this Part.

3.6.1610

General Procedures and Authorizations

§3.6.400 and §3.6.412 shall apply to all dependency hearings held under this Part.

3.6.1612

Appeal

Any order of the Court involving the suspension or termination of parental rights, and

any final order of the Court, may be appealed according to the rules and practices of the

Tribe's Appellate Court.

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3.6.1614

Cooperation and Grants

The Court and Social Services are authorized to cooperate fully with any federal, state,

tribal, public or private agency in order to participate in any foster care, shelter care,

treatment or training programs and to receive grants to carry out the purpose of this Part.

This authority is subject to the approval of the Tribal Council if it involves an expenditure of

Tribal funds.

The Court shall utilize such social services as may be furnished by any Tribal, Federal,

or State agency provided that it is economically administered without unnecessary duplication

and expense.

3.6.1616

Contracts

The Court or Social Services may negotiate contracts with Tribal, Federal or State

agencies and/or departments on behalf of the Tribe for the care and placement of children

before the Tribal Court, subject to approval by the Tribal Council.

3.6.1700

JURISDICTION AND TRANSFER OF JURISDICTION

3.6.1702

General Jurisdiction

The jurisdiction of the Tribal Court under this Part shall be civil in nature and

shall be governed by the Law and Order Code, Rules of Civil Procedure. This jurisdiction shall

include the right to issue all orders necessary to insure the safety of children within the

exterior Reservation boundaries, as well as other children who have been declared to be wards

of the Court.

persons:

Pursuant to this Part, the Court shall have jurisdiction over the following

Enrolled members of the Tribe under eighteen (18) years of age;

Children under eighteen (18) years of age who are eligible for enrollment

in the Tribe;

Indians, as defined in §3.6.1610.C of this Part, who are under eighteen

(18) years of age and who are residing within the exterior Reservation

boundaries; and

Children of enrolled members of the Tribe or other Indians, as defined in

§3.6.1610.C of this Part, including adopted children, who reside within the

exterior boundaries of the Reservation; and

Native children residing within the exterior boundaries of the Reservation,

for whatever reason, in the home of an enrolled member of the Tribe or

other Indians, as defined in §3.6.1610.C of this Part, as long as the

parents, guardian or custodians have consented to the jurisdiction of the

Court. Such consent, once given, may be revoked only with permission

of the Court.

The provisions of §3.6.200 in Part 1 of this Code shall also apply.

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3.6.1704

Application of the Indian Child Welfare Act

The Court may apply the policies of the Indian Child Welfare Act, 25 U.S.C. §§19011963, where they do not conflict with the provisions of this Part. The procedures for state

courts in the Indian Child Welfare Act shall not be binding upon the Court unless specifically

provided for in this Part.

3.6.1706

Transfer to Other Tribal Courts or State Court

In any proceeding before the Court, the Court may transfer the proceedings to an

appropriate state court or another tribal court where the state or the other Indian tribe has a

significant interest in the child and the transfer would be in the best interests of the child.

3.6.1708

Transfer from Other Courts

The Court may accept or decline, under the procedures set forth in this Chapter,

transfers of child welfare cases from other federal, state or tribal courts.

3.6.1710

Procedures for Transfer from Other Tribal or State Courts

RECEIPT OF NOTICE. Notice of other tribal court or state court cases shall be

received by Social Services. The designated person or department shall be the "tribal agent"

for service of notice of other tribal court or state court child custody proceedings, as defined

by the Indian Child Welfare Act.

INVESTIGATION AND PRE-TRANSFER REPORT. Upon receipt of a notice of a

child custody proceeding governed by the Indian Child Welfare Act in another tribal court or

state court, or upon receiving notice in any other form that a Tribal child is involved in a child

custody proceeding, Social Services shall conduct an investigation and file a written report

and recommendation with the Tribal Prosecutor within ten (10) days of the notice, excluding

weekends and holidays.

include:

Investigation Procedure and Recommendations. Investigation of referrals shall

Contacting appropriate sources to determine the child's membership

status in the Tribe;

Investigating and determining whether or not the child custody notice is

one properly referred to the Tribe under the Indian Child Welfare Act;

Contacting social, medical, legal or other sources to obtain necessary

information regarding the circumstances of the case;

Investigating the minor child's surroundings and emotional contact;

Investigating the wishes of the minor child's family, extended family, and

other interested persons; and

Contacting the parent or custodian of the minor child, and notifying them

of the fact of notice to the Tribe and the Tribe's consideration of the case

to Tribal jurisdiction. Contact shall be made by personal delivery of the

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notice to the parent or the custodian where practicable. Where such

personal service is not practicable, then notice shall be given by registered

mail with return receipt requested.

Upon investigation of the referral, Social Services shall make a recommendation

as to whether "transfer" of the case, "intervention" or "no involvement" would be the

appropriate action and in the best interests of the minor child. Factors to be considered in the

recommendation include, but are not limited to, the following:

3.6.1712

Age of the minor child and circumstances of the family;

Past and present residences of the minor child;

Special needs of the minor child (if any) and availability of Tribal services

to serve the minor child's specific needs;

Location of the family, witnesses, documents, and other evidence;

Existence of subpoena or other process limitations of Tribal jurisdiction;

Whether or not the State is attempting to reunite the family;

Whether or not financial assistance for the care of the minor child will

continue if jurisdiction is transferred; and

Availability of a suitable home for placement of the minor child.

Transfer of Jurisdiction

If Social Services determine that transfer is in the best interests of the minor

child, he shall prepare and file with the referring Tribal or State Court, a Petition to Transfer

of Jurisdiction to the Tribal Court within five (5) days of the receipt of the request from Social

Services. If the State or Federal Court does not transfer jurisdiction, Social Services shall take

all actions necessary to obtain the transfer.

Social Services shall give notice of the filing of a Petition for Transfer of

jurisdiction to all parties of the other Tribal Court or State Court proceedings.

Upon acceptance of jurisdiction, the Court shall schedule a Status Hearing

within thirty (30) days to conduct an initial review of the proceedings and to order appropriate

changes in placement of the minor child or changes in the family's case plan, or enter other

such orders as may be appropriate. Further proceedings shall take place according to relevant

sections of this Part.

3.6.1714

Intervention in Other Tribal or State Court Proceedings

If Social Services determine that transfer is not in the best interests of the

minor child, but that the Tribe should intervene in the proceedings as a party, Social Services

shall initiate intervention procedures by filing a Motion to Intervene within five (5) days of

receiving the request from the outside Tribal or State Court. The case shall be assigned to

Social Services to monitor the other Tribal Court or State Court compliance with the Indian

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Child Welfare Act and apprise the other Tribal Court or State Court of the Tribe's position in

the case.

Social Services shall give notice of the Tribe's intent to intervene to all parties

of the outside Tribal or State Court proceeding.

The Tribe may intervene in other Tribal or State Court child custody

proceedings, as defined by the Indian Child Welfare Act, at any point in the proceedings.

Social Services shall file a Motion to Intervene within five (5) days of any receipt of a

recommendation to intervene.

3.6.1800

GENERAL PROCEDURES AND AUTHORIZATIONS

§3.6.400 et seq. shall apply to all dependency hearings held under this Part.

3.6.1802

Appeal

Any order of the Court involving the suspension or termination of parental rights, and

any final order of the Court, may be appealed according to the rules and practices of the

Inter-Tribal Court of Appeals, or subsequent Court of Appeals.

3.6.1804

Cooperation and Grants

The Court and Social Services are authorized to cooperate fully with any

federal, state, tribal, public or private agency in order to participate in any foster care, shelter

care, treatment or training programs and to receive grants to carry out the purposes of this

Part. This authority is subject to the approval of the Tribal Council if it involves an expenditure

of Tribal funds.

The Court shall utilize such social services as maybe furnished by any tribal,

federal, or state agency provided that it is economically administered without unnecessary

duplication and expense.

3.6.1806

Contracts

The Court or Social Services may negotiate contracts with tribal, federal or state

agencies and/or departments on behalf of the Tribal Council for the care and placement of

children before the Tribal Court, subject to the approval of the Tribal Council before the

expenditure of any Tribal funds.

3.6.1900

REPORTING AND INVESTIGATION

3.6.1902

Duty to Report

Any individual who knows or suspects that a minor child is an abused or neglected

child, or believes actions are going to be taken which could result in a child being an abused

or neglected child, should report the suspected abuse or neglect to Social Services or Tribal

Police. Those persons reporting may remain anonymous.

3.6.1904

Persons Specifically Required to Report

The following individuals are required to report any known or suspected Abuse

or neglect of a minor child immediately to Social Services or Tribal Police: Any licensed

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physician, chiropractor, nurse, physician's assistant, or other health care provider treating a

child; any law enforcement officer, probation officer, or juvenile counselor; any school

teacher, counselor, teacher's aide, or bus driver; child day care worker, Head Start teacher,

public assistance worker or employee of Tribe. This requirement is in addition to the reporting

requirements of 18 U.S.C. §1169.

Those persons under this Section who knowingly fail to report a case of known

or suspected abuse or neglect, or willfully prevent someone else from doing so, shall be

subject to a civil and/or criminal liability in Tribal or federal court.

3.6.1906

Immunity from Liability for Good Faith Reports; Penalties for Bad Faith

Reports

Any person making a report which is based upon their reasonable belief and which is

made in good faith shall be immune from civil or criminal liability for making that report. Any

person knowingly making a report which is false shall not be immune from civil or criminal

liability for making that report.

3.6.1908

Confidentiality and Admissibility of Report

The identity of any person making an initial report of child abuse or neglect

shall not be disclosed to any person other than the Court, an employee of Social Services,

Tribal Police, or other state or federal government employee who has a need to know the

information in the performance of such employee's duties without the consent of such person.

Such reports shall not be admissible in evidence in any proceeding under this

Part. Information contained in such reports shall not be admissible in any proceeding under

this Part unless the reporter is voluntarily and personally present at the proceeding and

testifies to personal knowledge of such information; however, any information contained in

such report may be admissible in evidence if offered by some witness other than the reporter,

and if such evidence is otherwise admissible under the Rules of Evidence of the Tribal Court.

3.6.1910

Initial Reports Made to the Tribal Police; Investigation by Tribal Police

When a Police Officer receives an initial report from any person who reasonably

believes a minor child is abused or neglected, or in the course of his duty believes that a child

is abused or neglected, the officer shall immediately notify Social Services and shall submit a

copy of the written intake report required under §3.6.1914 to Social Services.

When a report of abuse involves an Indian minor child or an Indian abuser and

preliminary inquiry indicates a criminal violation, the law enforcement agency shall also

immediately report the incident to the Federal Bureau of Investigation pursuant to Federal

law.

Tribal Police shall accompany and assist Social Services in investigating "Minor

in Need of Care" cases when requested to do so by Social Services.

Upon probable cause of abuse or neglect, Tribal Police may refer the case to

the Prosecutor for appropriate action.

3.6.1912

Initial Reports Made to Social Services

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When a Social Services worker receives an initial report from any person who knows

or suspects that a minor child is being abused or neglected, the worker will promptly notify

Tribal Police and submit a copy of the written intake report required under §3.6.1914.

3.6.1914

Written Intake Report

Within thirty-six (36) hours after receiving an initial report of minor child abuse or

neglect, excluding weekends and holidays, the receiving agency or department shall prepare

a written intake report including, but not limited to, the following information:

or neglect;

Name, address, age and sex of the minor child who is the subject of the abuse

Grade and school in which the minor child is currently enrolled;

Name and address of the minor child's parents, guardian, custodian or other

person responsible for the minor child's care;

Name and address of the alleged perpetrator and his relationship to the minor

child;

Name and address of the person who made the report, including his relationship

to the minor child;

A brief narrative as the nature and extent of the minor child's injuries or

circumstances, including, but not limited to, any evidence of previous injuries and any

previously known or suspected abuse or neglect of the minor child or the minor child's siblings

and the suspected dates of the abuse or neglect; and

Any other information which might be helpful to the investigation of minor child

abuse or neglect, but not limited only to information useful in establishing the cause of the

injuries and the identity of the person responsible for the injuries.

3.6.1916

Investigation by Social Services

Social Services shall take immediate steps to ensure prompt investigation of

any report to determine if there is probable cause to believe that the allegations are true, and

to protect the health or welfare of the alleged abused or neglected minor child, as well as that

of any other minor child who may be in danger of abuse or neglect by the same person.

The investigation shall include:

Investigating the home environment of the minor child;

Investigating any physical or emotional injuries suffered by the minor

child;

Investigating all other non-financial matters that, in the discretion of the

social worker, are relevant to the investigation; and

Interviewing the parents, guardian or custodians, if possible.

The investigation may also include:

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Interviewing persons at the minor child's school or day-care facility;

Interviewing any other person or extended family members involved with

caring for the minor child or with knowledge of the minor child's care or

well-being; or

Interviewing the minor child.

When appropriate, Social Services shall coordinate its investigation with any

other tribal, federal or state department or agency, including, but not limited to: the Tribal

Police Department, the Tribal Probation Officer(s), the Federal Bureau of Investigation, the

Bureau of Indian Affairs, any state or city police departments and any state social service

agency. Social Services is not relieved of its duty to investigate the report of abuse or neglect

even if one or more of these departments or agencies is investigating the circumstances

surrounding the alleged abuse or neglect of the minor child.

If the investigation is being conducted pursuant to an anonymous report, the

investigation must develop independent, corroborative information within seventy-two (72)

hours in order for the investigation to continue. Without the development of independent,

corroborative information, a minor child may not be removed from the home and the

investigation must be terminated.

3.6.1918

Waiver of Parental Consent

Photographs, x-rays, medical exams, psychological examinations, and such

interviews of a minor child alleged to have been subject to abuse or neglect shall be allowed

without parental consent if the law enforcement agency or Social Services has reason to

believe the minor child has been subjected to abuse or neglect.

In any case where there is a reason to believe that a minor child has been

subject to abuse or neglect, Tribal Police or Social Services may interview the minor child

without first obtaining the consent of the parents, guardian or custodian.

Examinations and interview of a minor child shall be conducted under such

circumstances and with such safeguards as to minimize additional trauma to the minor child.

3.6.1920

Final Written Report

Upon completion of the investigation of any report of alleged minor child abuse

or neglect, Social Services shall prepare a final written report on the allegations.

If the report reveals probable cause to believe that the minor child is abused

or neglected or is at substantial risk of being abused or neglected, Social Services shall initiate

the procedures outlined in §3.6.2000 et seq. and/or §3.6.2100 et seq. of this Part.

3.6.2000

EMERGENCY PROTECTIVE CARE

3.6.2002

Authorization and Duties of Social Services and Tribal Police

No minor child shall be removed from the home of the child's parent, guardian,

or custodian without the consent of the parent, guardian or custodian, without a specific order

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from the Court, except that a minor child may be taken into emergency protective care by a

Police Officer or Social Services who has reasonable grounds to believe that a minor child:

Is in immediate danger of serious physical or emotional harm from his or

her parent, guardian, custodian or physical surroundings and removal of

the child from such persons, circumstances, or place is necessary for the

health, safety and welfare of the minor child;

Likely has a life-threatening physical injury or illness or has a mental,

emotional, or psychological disorder and requires immediate medical or

psychiatric care, and the parents, guardian or custodian of such child are

unable or unwilling to seek such care for the minor child; or

That a minor child is unable to provide for his own necessities of life, and

the parent, guardian or custodian is absent and it appears from the

circumstances that no satisfactory arrangements have been made to

provide such necessities for the minor child.

Social Services have the primary responsibility to provide the protective

services authorized by this Part; Social Services shall respond to emergency reports of known

or suspected abuse or neglect twenty-four (24) hours a day, seven (7) days a week.

3.6.2004

Procedure upon Removal of a Minor Child

If a Police Officer or Social Services determines that a minor child is in need of

emergency protective care, that person shall immediately notify or attempt to notify the minor

child's parents, guardian or custodian of the removal, giving the reasons for such removal.

Notice may be given by any means reasonably certain of notifying the parent,

guardian or custodian of the minor child, including, but not limited to, written, telephonic, or

verbal notification in person. If the notification is not in writing, within twelve (12) hours,

written notification shall also be provided.

If a Tribal Police Officer is removing a minor child, he shall:

Immediately notify Social Services; and

Make and deliver a report within twenty-four (24) hours to Social Services

containing a summary of the circumstances surrounding the emergency

removal and the basis therefore.

After the emergency removal of a minor child, Social Services shall immediately

investigate the circumstances surrounding the removal and make a determination of whether

or not the minor child should remain in emergency protective care or can return home without

risk of harm.

If Social Services determine that the minor child should remain in protective

care, it shall:

Evaluate the placement options and determine whether or not the best

placement has been achieved; and

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Immediately file an ex parte motion with the Court to declare the minor

in need of care and set a probable cause hearing for the next available

court date to determine further placement of the minor child.

In no case shall emergency protective care extend beyond seventy-two (72)

hours, exclusive of weekends and holidays.

3.6.2006

Placement Preferences

If return of physical custody of the minor child can be accomplished without

danger or harm to the minor child, the minor child shall be returned to the parents, guardian

or custodian.

If the return of the minor child to the minor child's parents, guardian or

custodian is impossible or would involve continued risk of such harm to the minor child, the

minor child shall be placed in the following order of priority:

A private home of an appropriate extended family member if such

placement can be accomplished without risk of harm to the minor child;

A temporary foster home; or

An appropriate facility which has been approved for such placement by

Social Services.

A minor child shall not be placed in a jail facility or other environment where

the minor child is in sight or sound contact with persons in such a facility for the reason of

having been accused or convicted of a crime or delinquent act.

3.6.2008

Probable Cause Hearing

A Probable Cause Hearing shall be held at the next available court date

regarding the minor child's removal from his parents, guardian or custodian and to determine

whether or not there was probable cause to remove the minor child.

The Court and Social Services shall use their best efforts to notify the minor

child's parents, guardian or custodian of the time and place of the hearing and inform them

of their right to attend the hearing and to be heard.

A Tribal Advocate may be appointed for the parents, guardian or custodian of

the minor child, if requested and if the parents, guardian or custodian cannot afford one.

If the Court determines that there was probable cause to remove the minor

child, the Court shall also determine the proper placement pending further court proceedings.

A "Petition for Temporary Legal Custody, Long-Term Custody or Permanent Legal Custody"

shall be filed within ten (10) days of such hearing, excluding weekends and holidays. If one

is not filed, Social Services shall immediately return the minor child to his parent, guardian

or custodian from whom the minor child was removed.

If the Court determines that there was not probable cause to remove the minor

child, Social Services shall immediately return the minor child to the parents, guardian or

custodian from whom the minor child was removed.

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3.6.2100

MINOR IN NEED OF CARE PETITION AND PROCEEDINGS

3.6.2102

Initiation of Proceedings Petition: Hearings Conducted in Closed Court

All Court proceedings under this Part shall be initiated by a Petition entitled

"Petition for Declaration of Minor in Need of Care." Such Petition shall be prepared and filed

by Social Services. The Petition shall contain the following information:

Name and birth date of the minor child;

Name of the parent(s), guardian or custodian of the minor child;

The basis of the Court's jurisdiction;

A summary of any efforts which have been made by Social Services or

others to divert the case from the court system to community groups or

advisors;

An allegation that the minor child is a Minor in Need of Care or is at

substantial risk of being a Minor in Need of Care and a plain statement of

facts supporting this allegation;

Whether or not temporary, permanent, or long-term legal custody of the

minor child is requested by Social Services and a statement of facts

supporting this request; and

A statement supporting the facts relevant to the present physical or legal

custody of the minor child.

All hearings under this Section shall be in closed court, including only officers

of the Court, the minor child, parent(s), guardian, or custodian, Social Services

representatives and such other persons who, in the discretion of the Court, may aid in the

proceedings or have sufficient interest in the case.

3.6.2104

Guardian Ad Litem

Upon the filing of a petition, the Clerk of the Court shall immediately notify the Judge

who shall appoint a Guardian ad Litem or other qualified person to represent the minor child,

if one has not already been appointed and if one is available.

3.6.2106

Notice

Written notice of a hearing held under this Part shall be given to the parent(s),

guardian or custodian and to other persons as the Court may direct at least five (5) days prior

to a hearing date. A copy of the petition shall also be served no later than five (5) days prior

to a hearing.

3.6.2108

Intervention

Intervention into the proceedings as an interested party shall be allowed as

follows:

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Any extended family member shall be allowed to intervene as an

interested party;

Community counselors, spiritual leaders, and other persons may be

allowed to intervene as interested parties at the discretion of the Court.

When applicable, the Court shall follow the traditions and customs of the minor

child's tribe regarding the involvement of such interested persons.

Notice of intervention shall be served by mail by the Clerk of the Court upon all

parties to the proceedings at least five (5) days prior to the hearing. The Court may excuse

such notice if the Court determines that lack of notice has not detrimentally affected the other

parties. If the Court finds such detrimental effect, the Court may deny intervention or continue

the hearing date for an appropriate period.

3.6.2110

Initial Hearing

At the next available court date, the Initial Hearing shall be conducted unless another

time has been set for good cause by order of the Court. The Initial Hearing shall be held in

two (2) parts: the Adjudicatory Hearing and the Temporary Dispositional Hearing. For good

cause, these hearings may be separated and held in two (2) proceedings on separate days.

Such hearings shall be conducted according to the Rules of Civil Procedure and the Rules of

Evidence of the Court and consistent with all due process and other rights afforded the parties

by the Indian Civil Rights Act. The burden of proof on all matters shall be upon Social Services.

3.6.2112

Requirements for Adjudication of Minor in Need of Care

Request for Temporary Legal Custody: Unless the allegations are admitted,

Pyramid Lake Social Services shall have the burden of proving, by clear and convincing

evidence, at least that the child is at substantial risk of being a Minor in Need of Care.

Request for Permanent or Long-Term Legal Custody: Unless the allegations are

admitted, Social Services shall have the burden of proving, beyond a reasonable doubt, that

the minor child is a Minor in Need of Care; however, Social Services may request further time

to prepare its case following a denial of the allegations in the petition, and the Court may

continue the proceedings for such time as the Court may determine is necessary for further

investigation and preparation by Social Services.

3.6.2114

Adjudicatory Hearing

The Adjudicatory Hearing shall be conducted solely to determine whether or

not the minor child is a Minor in Need of Care or is at substantial risk of being a Minor in Need

of Care.

The parent(s), guardian, or custodian of the minor child shall be advised of:

The nature of the Petition;

The factual allegations therein;

The present custodial situation;

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Approved August 21, 2020; Resolution No.: PL 088-20

Chapter 6/Page 41

The relief requested by Social Services; and

The right to be represented by legal counsel at their own expense and the

right to request a Tribal Advocate appointed at the Tribe's expense if:

The parent(s), guardian or custodian cannot afford representation;

If an advocate is available, and

Funds are available for this purpose.

The parent(s), guardian or custodian of the minor child will be allowed to admit

or deny the allegations in the Petition.

Upon hearing evidence from all parties regarding the issue of whether or not

the minor child is a "Minor in Need of Care" or is at substantial risk of being a "Minor in Need

of Care," the Court shall issue an order stating the following:

3.6.2116

The Court's jurisdiction over the case;

Whether or not it has been proven beyond a reasonable doubt that the

minor child is a "Minor in Need of Care." If the Court finds that it has been

proven beyond a reasonable doubt, the Court shall proceed to temporary

disposition. If the Court does not so find, any request for permanent or

long-term legal custody must be denied and the Petition dismissed; or

Whether or not it has been proven by clear and convincing evidence that

the minor child is at substantial risk of being a "Minor in Need of Care."

If the Court finds that it has been proven, the Court shall proceed to

temporary disposition. If the Court does not so find, any request for

temporary legal custody must be denied and the Petition dismissed.

Temporary Dispositional Hearing

The Temporary Dispositional Hearing shall be conducted to determine the

appropriate placement of the minor child and further action of the parties and the Court.

Upon hearing evidence of the appropriate placement of the minor child and any

requests of Social Services, the Court shall issue a temporary dispositional order, including,

but not limited to, the following:

If out-of-home placement is requested, a determination of whether or not

it is necessary for the protection of the minor child. If the Court does not

so find, the minor child shall remain with or be returned to the parent(s),

guardian or custodian. If the Court so finds, the Court shall state the

appropriate placement of the minor child;

That the minor child, parents, or custodians undergo medical

examinations or psychological assessments and that reports be submitted

to the Court, if such examinations or assessments are deemed necessary

by the Court or Social Services;

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Approved August 21, 2020; Resolution No.: PL 088-20

Chapter 6/Page 42

3.6.2118

That further investigation is conducted by Social Services;

That the parent(s) and/or the minor child participate in such counseling

or other programs as the Court may deem beneficial;

That notice of further proceedings is given to additional interested parties;

That such other actions consistent with the purposes of this Part be taken;

The date of the Final Dispositional Hearing upon the petition and that

notice of such hearing shall be given to all parties. The Final Dispositional

Hearing shall determine further custody or placement of the minor child,

and such hearing shall be set no later than ninety (90) days after the

Temporary Dispositional Hearing.

Final Dispositional Hearing

At the Final Dispositional Hearing, all interested parties may testify and give

evidence on their behalf regarding the present circumstances of the minor child and of the

parent(s), custodian or guardian of the minor child. The Court shall inquire into the compliance

with any temporary order issued by the Court, including remedial conditions.

The Court may order one of the following dispositional alternatives below. If

the Court's order does not finally conclude the case, the Court shall specify in its order the

date for a further Status Conference and the date for further dispositional hearing, if

necessary. The dispositional alternatives include:

Releasing the minor child to the parent or custodian with no further action,

and dismissing the case;

Suspending the proceedings for a specified period of time, releasing the

minor child to the parent(s), guardian or custodian, or other persons as

the Court may direct, subject to the parent(s), guardian or custodian

being under the continued supervision of Social Services;

Temporarily suspending the parental rights for a specified period of time

and declaring the minor child a Ward of the Court and that the minor child

be placed with an extended family member, foster home, or other

appropriate person or facility;

Suspending parental rights for an indefinite period of time and declaring

the child a Ward of the Court and that the minor child be placed with an

extended family member, foster home or other appropriate person or

facility; or

Terminating parental rights.

In any of the above dispositions in which parental rights have been suspended

or terminated, but the child has not been adopted, the minor child shall be considered a Ward

of the Court.

In determining the disposition of the case, it shall be the policy of the Court to

prefer voluntary custodianships to involuntary suspension or termination of parental rights.

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Approved August 21, 2020; Resolution No.: PL 088-20

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If the Court terminates parental rights, the Court shall include in its order that

the Court has considered the question of inheritance and residual parental rights, and the

Court shall determine as follows:

That the inheritance rights of the minor child and natural parents have

been terminated or that the inheritance rights of the minor child or natural

parents, or both, shall be continued, with such conditions as the Court

may impose;

That all of the natural parent(s) rights to the minor child have been

terminated or that the natural parent(s) may enjoy certain residual rights.

Such parental rights may include:

The right to communication with the minor child(ren);

The right to visitation with the minor child(ren);

The right to contribute to support or education;

The right to be consulted regarding the minor child's religious

affiliation, major medical treatment or other matters of major

importance in the minor child's life; or

Such other residual rights as the Court may deem appropriate

considering the circumstances.

The Court may grant similar residual rights to extended family members

upon the termination of parental rights.

Nothing in this Chapter shall prohibit a parent whose parental rights have been

terminated under judicial process to petition the Court to restore the parent to certain residual

parental rights.

3.6.2120

Diversion to Informal Resolution

It shall be the duty of Social Services, the Tribal Advocates, and the Court to

encourage satisfactory, out-of-court solutions to cases brought pursuant to this Part prior to

any Final Dispositional Hearing.

Social Services may recommend a reunification plan to the Court including

counseling, treatment, or such other remedial actions which in its opinion is in the best

interest of the minor child.

3.6.2122

Unmanageable and Uncontrollable Children

If a minor child who has been adjudicated a "Minor in Need of Care" and who has been

placed in the custody of Social Services becomes unmanageable and uncontrollable while in

its legal custody, Social Services may return the minor child to the Court for further disposition

or may provide information to the Prosecutor and request the filing of a petition alleging the

minor child to be delinquent, in need of supervision or in need of mental health treatment, if

such a petition is warranted by the facts.

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Approved August 21, 2020; Resolution No.: PL 088-20

Chapter 6/Page 44

3.6.2124

Emancipation

A minor child who is seventeen (17) years of age may petition the Court for

emancipation. The Court shall grant such status when the minor child proves to the Court

that the minor child is capable of functioning as an independent and responsible member of

the community.

3.6.2126

Authorization of Medical Treatment

At any time, regardless of whether or not a minor child is under the authority

of the Court, the Court may authorize medical or surgical care for a minor child when:

A parent, legal guardian or custodian is not immediately available and

cannot be found after reasonable effort in the circumstances of the case;

A physician informs the Court verbally or in writing that in his professional

opinion, the life of a minor child would be greatly endangered without

certain treatment and the parent, guardian or custodian refuses or fails

to consent. If time allows in a situation of this type, the Court shall cause

every effort to be made to grant the parent, guardian or custodian an

informal hearing, but the hearing shall not be allowed to jeopardize the

minor child's life or health further.

PARENTAL USE OF SPIRITUAL TREATMENT MAY BE GIVEN CONSIDERATION.

In making its order, the Court shall give due consideration to any treatment being given the

minor child by prayer or through other traditional spiritual practices, if the minor child or his

parent, guardian or custodian are legal adherents of an established religious denomination

that relies on this form of treatment, in lieu of medical treatment.

WRITTEN ORDER. After entering any authorization under this Section, the Court

shall reduce the circumstances, findings and authorization to writing and enter it in the records

of the Court and shall cause a copy of the authorization to be given to the appropriate

physician, hospital or both.

VERBAL AUTHORIZATION FOR TREATMENT SUFFICIENT. Verbal authorization

by the Court is sufficient for care or treatment to be given and shall be accepted by any

physician or hospital. No physician, hospital, nurse, technician or other person under the

direction of such physician or hospital shall be liable for any criminal or civil liability in the

Court for performance of care or treatment in reliance on the Court's authorization, and any

function performed thereunder shall be regarded as if it were performed with the minor child's

and/or parent authorization.

3.6.2128

Cost of Support and Care

In the event that a minor child is removed from his home by an order of the Court,

the minor child's parent, guardian or custodian may be ordered by the Court to pay the costs

of the minor child's support. Such payments are to be made to Social Services who shall in

turn release the support money to the person or organization with whom the minor child is

placed. Whenever the Court enters such a reimbursement order and the parent, guardian or

custodian refuses to pay, that person may be punished under the contempt powers of the

Court.

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Approved August 21, 2020; Resolution No.: PL 088-20

Chapter 6/Page 45

3.6.2130

Power of Attorney

A parent, legal custodian or guardian, including Social Services, by a properly executed

power of attorney, may delegate to another person for a period not to exceed six (6) months

any of the powers of the parent, legal custodian or guardian, except the power to consent to

marriage, or adoption of a minor child and the power to release a minor child for adoption.

3.6.2132

Rehearing

TIME AND GROUNDS. A party may seek a rehearing or new trial of any matter

decided under this Chapter by filing a written motion stating the basis for the relief sought

within thirty days after the decision of the disposition or supplemental disposition. A motion

will not be considered unless it presents a matter not previously presented to the Court, or

presented by not previously considered by the Court, which, if true, would cause the Court to

reconsider the case.

NOTICE. All parties must be given notice of the motion in accordance with

§3.6.2106 of this Chapter.

RESPONSE BY PARTIES. Any response by parties must be in writing and filed

with the Court and opposing parties within seven (7) days after notice of the motion.

PROCEDURE. The Judge may affirm, modify or vacate the decision previously

made, in whole or in part, on the basis of the record, the memoranda prepared, or a hearing

on the motion, whichever the Court, in its discretion, finds appropriate for the case.

HEARINGS. The Court need not hold a hearing before ruling on a motion. Any

hearing conducted shall be in accordance with the rules for dispositional hearings. The Court

shall state the reasons for its decision on the motion on the record or in writing.

3.6.2134

STAY. The Court may stay an order pending a ruling on a motion.

Appeals

WHO CAN APPEAL. Any party to a Court hearing may appeal a final Juvenile

Court order to the Court of Appeals.

TIME FOR APPEAL. Any party seeking to appeal a final Juvenile Court order shall

file a written notice of appeal within ten (10) days of the entry of the final order.

STANDARD OF REVIEW. The standard of review used in reviewing the final

order of the Court is a finding of "clearly erroneous."

RECORD. For purposes of appeal, a record of the proceedings in Juvenile Court

shall be made available to the minor child's guardian ad !item, his parents, guardian or

custodian, their counsel and others upon court order. Cost of obtaining this record shall be

paid by the party seeking the appeal.

STAY. An order of the Court may be stayed upon order of the Appellate Court.

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Approved August 21, 2020; Resolution No.: PL 088-20

Chapter 6/Page 46

PART 4

3.6.2300

TERMINATION OF PARENTAL RIGHTS

General Provisions

The purpose of this Part is to provide for the voluntary and involuntary termination of

the parent-child relationship and for the substitution of parental care and supervision by

judicial process.

This Part shall be construed in a manner consistent with the philosophy that

the family unit is of the most value to the community and the individual family members when

that unit remains united, and that termination of the parent-child is of such vital importance

that it should be used only as a last resort when, in the opinion of the Court, all efforts have

failed to avoid termination and it is in the best interest of the child concerned and of the Tribe

to proceed under this Part.

Termination of parental rights shall not adversely affect the minor child's rights

and privileges as an Indian nor as a member of any tribe in which the minor child is entitled

to be enrolled, nor to the minor child's enrollment status with the minor child's tribe.

3.6.2302

Jurisdiction

The Court has jurisdiction to terminate or suspend parental rights according to the

provisions of this Part.

3.6.2304

Procedural Requirements for Involuntary Termination of Parental

Rights

PETITION FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS. A Petition

for Involuntary Termination of Parental Rights may be filed by the Prosecutor or Social

Services if either believe that the requirements for termination can be met.

CONTENTS OF PETITION FOR INVOLUNTARY TERMINATION OF PARENTAL

RIGHTS. A Petition filed pursuant to this Section shall contain:

Name and birth date of the minor child;

Name of the parent(s) or custodian of the minor child;

Basis of the Court's jurisdiction;

A summary of the efforts which have been made by Social Services or

others to meet the best interest of the minor child;

Whether a suspension or termination of parental rights is requested and

a statement of facts supporting this request; and

A statement and supporting facts relevant to the present physical or legal

custody of the minor child or if the minor child is in shelter care, the time

and place the minor child was taken into custody.

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Approved August 21, 2020; Resolution No.: PL 088-20

Chapter 6/Page 47

NOTICE OF PETITION AND INITIAL HEARING. The Clerk of the Court shall

notify the parent(s) of the filing of the Petition and the date and time of the hearing in writing

no more than thirty (30) days of the filing of the Petition. The initial hearing shall be at the

next available court date.

PRE-TERMINATION REPORT. Social Services shall prepare a written pretermination report to be submitted to the Court at least seven (7) days prior to the hearing.

The report shall contain the following information

A statement of the circumstances giving rise to the filing of the petition;

The present condition of the minor child;

Proposed plans for the minor child;

Results of interviews with the minor child's parent(s), custodian or

guardian;

Any and all reports, notes or memoranda obtained from all social services,

health professionals, school officials with whom the minor child has been

in contact and prior interactions with the judicial system; and

A recommendation and the reasons therefore as to whether or not the

parent and minor child relationship should be terminated.

TERMINATION AT INITIAL HEARING. If a petition to terminate parental rights

to a minor child is filed, the Court may enter an order terminating parental rights under at

the initial dispositional hearing providing that the grounds for such a termination have been

met beyond a reasonable doubt.

FINAL DISPOSITIONAL HEARING. If the Prosecutor or Social Services need

additional time to present the findings of investigation into the case, a Motion for Final

Dispositional Hearing shall be made at the initial hearing.

The Court shall set a hearing pursuant to this motion and the Clerk of

the Court shall notify all relevant parties at least ten (10) days prior to the hearing date,

excluding weekends and holidays.

The Court shall follow the procedures and meet the requirements of a

Final Dispositional Hearing as set forth in §3.6.2118 et seq. of this Chapter.

BURDEN OF PROOF. The burden of proof lies with the Petitioner to prove that

the allegations in the termination petition are supported by clear, concise, and convincing

evidence, and that the best interests of the minor child will be served by termination of

parental rights.

3.6.2306

Grounds for Involuntary Termination

The Court may terminate the parental rights of a parent to a minor child adjudicated

as a Minor in Need of Care if the Court finds beyond a reasonable doubt, that one or more of

the following conditions exist:

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Chapter 6/Page 48

The parent of the minor child has abandoned the minor child without provisions

for his support and without communication. The failure to provide support and to

communicate shall be presumptive evidence of the parent's intent to abandon the minor child.

The minor child or a sibling of the minor child has suffered physical injury or

physical or sexual abuse under either of the following circumstances:

A parent's act caused the physical injury or physical or sexual abuse and

the Court finds that there is a reasonable likelihood that the minor child will suffer from injury

or abuse in the foreseeable future if placed in the parent's home; or

A parent who had the opportunity to prevent the physical injury or

physical or sexual abuse failed to do so, and the Court finds that there is a reasonable

likelihood that the minor child will suffer injury or abuse in the foreseeable future if placed in

the parent's home.

The parent was a respondent in a proceeding brought under this Code and

twelve or more months have elapsed since the issuance of the initial dispositional order, and

the Court finds beyond a reasonable doubt that either of the following exists:

The conditions that led to the adjudication continue to exist and there is

no reasonable likelihood that the conditions will be rectified within a

reasonable time considering the age of the minor child, and there is a

reasonable expectation that custody of the minor child by the parent is

likely to result in serious emotional or physical damage to the minor child;

Other conditions exist that cause the minor child to be a minor in need of

care, and there is a reasonable expectation that custody of the minor child

by the parent is likely to result in serious emotional or physical damage

to the minor child. The parent has received recommendations to rectify

those conditions, the conditions have not been rectified by the parent after

the parent has received notice, a hearing and has given a reasonable

opportunity to rectify conditions, and there is not reasonable likelihood

that the conditions will be rectified within a reasonable time considering

the age of the minor child.

Parental rights to one (1) or more siblings of the minor child have been

terminated due to serious and chronic neglect or physical or sexual abuse, and prior attempts

to rehabilitate the parents have been unsuccessful, and there is a reasonable expectation that

custody of the minor child by the parent is likely to result in serious emotional or physical

damage to the minor child.

3.6.2308

Findings of Fact and Conclusions of Law

The Court will make formal findings of fact and conclusions of law as a basis for the

written order terminating the parent-child relationship, whether involuntary or voluntary.

3.6.2310

Procedures for Voluntary Termination of Parental Rights

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Approved August 21, 2020; Resolution No.: PL 088-20

Chapter 6/Page 49

Parental rights may be voluntarily terminated by a parent in writing if signed

by the parent in the presence and with the approval of the Court. Voluntary termination shall

not be accepted or acknowledged by the Court prior to thirty (30) days after birth of the minor

child. The Court shall ensure that the parent understands the consequences of the voluntary

termination prior to approving it.

WITHDRAWAL OF VOLUNTARY TERMINATION. A parent who has voluntarily

terminated parental rights to a minor child may withdraw such consent to termination of

parental rights within thirty (30) days or prior to the issuance of a final decree of adoption.

A person who has voluntarily terminated parental rights may withdraw such consent and

demand re-establishment of the parent-child relationship upon a showing to the Court by

clear and convincing evidence that such consent was obtained by fraud or duress.

3.6.2312

Result of Termination Order

Upon the termination of parental rights, all rights powers, privileges, immunities,

duties, and obligations, including any rights to custody, control, visitation or support existing

between the minor child and the parent shall be forever severed and terminated unless

otherwise directed by the court. The parent shall have no standing to appear at any future

legal proceedings concerning the minor child. Any support obligation existing prior to the

effective date of the order terminating parental rights shall not be severed or terminated. The

rights of one parent may be terminated without affecting the rights of the other parent. A

termination order shall not prevent a minor child from inheriting property or interest in the

same manner as any other natural child from the natural parent. A natural parent may not,

however, inherit from a natural child after termination.

3.6.2314

Minor Child's Continued Right to Benefits

An order terminating the parent-child relationship shall not disentitle a minor child to

any benefit due the minor child from any third person, agencies, state or the United States,

nor shall any action under this Code be deemed to affect any rights and benefits that the

minor child derives from the minor child's descent from a member of a federally-recognized

Indian tribe.

3.6.2316

Custody after Termination Order

If, upon entering an order terminating the parental rights of a parent, there remains

no parent having parental rights, the Court shall commit the minor child to the custody of a

social services agency for the purpose of placing the minor child for adoption, or in the

absence of an adoptive home, the agency may place the minor child in a licensed foster home

or with a relative, or take other suitable measures for the care and welfare of the minor child.

The custodian shall have the authority to consent to the adoption of the minor child, the

marriage of the minor child, the enlistment of the minor child in the Armed Forces of the

United States, necessary surgical and other medical treatment for the minor child and consent

to such matters as might normally be required of the minor child's parent.

3.6.2318

Future Review Hearings

If a minor child has not been adopted or permanently placed within three (3) months

of the termination order, another three month review hearing will be held. Such three (3)

month review hearings will continue until the minor child is adopted or permanently placed.

3.6.2320

Counsel

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Approved August 21, 2020; Resolution No.: PL 088-20

Chapter 6/Page 50

In any termination proceedings, the parent whose rights may be terminated shall have

the right to be represented by legal counsel at their own expense and the right to request a

Tribal Advocate appointed at the Tribe's expense if:

1. The parent cannot afford representation;

2. An advocate is available; and

3. Funds are available for this purpose.

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Approved August 21, 2020; Resolution No.: PL 088-20

Chapter 6/Page 51

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.