Chapter 3 - Juvenile Offenders

Section

101. Juvenile Offender Complaint.
102. Warrants.
103. Custody.
104. Law Enforcement Officer’s Duties.
105. Basic Rights of Children Taken into Custody.
106. Fingerprints and Photographs.
107. Questioning in Custody.
108. Line up for Identification.
109. Court Counselor’s Duties.
110. Detention Pending Hearing.
111. Detention in Jail.
112. Preliminary Inquiry Minor Placed in Detention or Shelter Care.
113. Preliminary Inquiry Minor Not in Detention or Shelter Care.
114. Notice of Preliminary Inquiry.
115. Presence of Parent, Guardian, or Custodian at Preliminary Inquiry.
116. Probable Cause.
117. Release to Responsible Adult.
118. Continued Detention or Shelter Care.
119. Dismissal of Complaint.
120. Investigation by Human Resource Officer.
121. Informal Hearing.
122. Notice of Informal Hearing.
123. Subpoenas.
124. Inadmissibility of Statements.
125. Informal Adjustment.
126. Progress Reviews.
127. Petition.
128. Date of Adjudicatory Hearing.
129. Continuance.
130. Summons.
131. Adjudicatory Hearing.
132. Testimony at Adjudicatory Hearing.
133. Burden of Proof; Finding.
134. Appealability of Finding.
135. Admission of Allegations.
136. Pre-Dispositional Report.
137. Medical Examination.
138. Dispositional Hearing.
139. Notice of Dispositional Hearing.
140. Evidence.
141. Dispositional Orders.
142. Appealability of Dispositional Order.
143. Modification of Dispositional Order.
144. Record of Hearings.
145. Confidentiality of Courts Records.
146. Confidentiality of Law Enforcement Records.
147. Destruction of Records.
148. Appeal.
149. Contempt of Court.

Cross References

Compulsory attendance of school age pupils, see 9 MLBS § 19.
Contributing to delinquency of minor, see 24 MLBS § 1260.
Criminal procedure, juvenile delinquency, see 24 MLBS § 4301.
Liquor violations, see 24 MLBS § 1258.
Prohibited drugs, consumption by minors, see 23 MLBS § 5.

§ 101. Juvenile Offender Complaint.

A complaint may be filed by a person who has knowledge of the facts alleged. The complaint shall be signed by the complainant. The complaint shall contain:

  • (a) A citation to the specific statutory provisions of this title which give the Court jurisdiction of the proceedings,

  • (b) A citation to the Mille Lacs Band Statutes Annotated provision or custom and tradition which the minor is alleged to have violated, Name, age and address of the minor who is the subject of the complaint,

  • (c) The name and address of parents, custodian or guardian, if known and

  • (d) A plain and concise statement of the facts upon which the allegations are based, including the date, time and location at which the alleged facts occurred.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 6.

Cross References

Minor-in-need-of-care complaint, see 8 MLBS § 201.

§ 102. Warrants.

  • (a) The Court may issue a warrant directing that a minor be taken into custody if the Court finds probable cause to believe the minor has committed the acts alleged in the complaint, and there is probable cause to believe that the child will not appear for a hearing, or is in immediate and serious emotional or physical harm or would commit additional criminal offenses.

  • (b) The Court may issue a warrant authorizing a law enforcement officer to search for a minor if there is probable cause to believe that the minor is within the Court's jurisdiction and a custodial warrant has been issued for the alleged juvenile offender.

  • (c) The Court may issue a warrant authorizing a law enforcement officer to search for and seize property when the property has been obtained or is possessed in a manner which constitutes a delinquent act; or is designed or intended for use, or which is, or has been used as a means of committing a delinquent act; or would be material evidence in a juvenile offender proceeding.

  • (d) The Court may issue a warrant for a person's arrest immediately upon the failure to appear, either in person or by counsel, in Court as directed for contempt of court.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 7.

Cross References

Criminal procedure. Warrant, summons and arrest, see 24 MLBS § 4101.
Unreasonable searches and seizures, see 1 MLBS § 2.

§ 103. Custody.

A minor may be taken into custody by a law enforcement officer if:

  • (a) The officer has reasonable grounds to believe a delinquent act has been committed and that the minor has committed the delinquent act; or

  • (b) The minor is found in surroundings or conditions which pose an immediate and serious threat of emotional or physical harm; or

  • (c) A Warrant pursuant to 8 MLBS § 102 has been issued for the minor.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 8.

Cross References

Criminal procedure, Warrant, summons and arrest, see 24 MLBS § 4101.

§ 104. Law Enforcement Officer's Duties.

A law enforcement officer who takes a minor into custody pursuant to 8 MLBS § 103 shall proceed as follows.

  • (a) An arresting officer shall give the warnings listed in 8 MLBS § 105 to any minor he takes into custody prior to any questioning.

  • (b) An arresting officer shall release the minor to the minor's parent, guardian or custodian, and issue verbal counsel or warning as may be appropriate, unless shelter care or detention is necessary.

  • (c) If the minor is not released, an arresting officer shall make immediate and recurring efforts to notify the minor's parent, guardian or custodian to inform them that the minor has been taken into custody and inform them of their right to be present with the minor until an investigation to determine the need for shelter care or detention is made by the Human Resource Officer pursuant to 8 MLBS § 109. If the minor is not released, the minor shall be taken immediately to the Human Resource Officer by the arresting officer.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 9.

Cross References

Criminal procedure, Warrant, summons and arrest, see 24 MLBS § 4101.

§ 105. Basic Rights of Children Taken into Custody.

At the time a minor is taken into custody as a juvenile offender, the arresting officer shall give the following warning:

The minor has a right to remain silent. Anything the minor says can be used against the minor in court as he is presumed to be guilty until he can prove his innocence. The minor has a right to the presence of an attorney, parents or person of his choice during questioning. If he cannot afford an attorney, the Court is not required to provide free legal service, the Court will assist the minor in obtaining the services of any attorney through available services and parents of the minor cannot waive these rights for the minor.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 4.

Cross References

Assistance of counsel, see 1 MLBS § 6.
Court to inform minor of rights, see 8 MLBS § 11.
Due process of law, see 1 MLBS § 8.
Self-incrimination in criminal proceeding, see 1 MLBS § 4.

§ 106. Fingerprints and Photographs.

  • (a) An alleged juvenile offender shall not be fingerprinted or photographed without the consent of the Court.

  • (b) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reasonable grounds to believe that the fingerprints are those of a minor in custody, he may fingerprint the minor for the purpose of immediate comparison with the latent fingerprints, only with the consent of the Court. Copies of the fingerprints shall be immediately destroyed, if the comparison is negative, or if the minor is not referred to the Court.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, §§ 4.02, 25.

§ 107. Questioning in Custody.

A minor alleged to be a juvenile offender who is taken into custody and placed in detention or shelter care shall not be questioned except to determine identity.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 4.01.

§ 108. Lineup for Identification.

The Court may authorize a lineup that includes a minor in custody as an alleged juvenile offender for identification purposes only if the minor and the minor's parent, guardian or custodian give their written consent and the minor is represented by Counsel at the time of the lineup.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 24.

§ 109. Court Counselor's Duties.

  • (a) The Court Counselor shall not place a minor in detention unless a complaint is filed in accordance with 8 MLBS § 101 or the court orders that a minor be taken into custody pursuant to 8 MLBS § 102.

  • (b) If the minor's parent, guardian or custodian has not been contacted, the Court Counselor shall make immediate and recurring efforts to inform them that the minor has been taken into custody and release the minor to the parent, guardian or custodian, unless detention or shelter care is immediately necessary.

  • (c) If a minor is not released to his parent, guardian or custodian, the Court Counselor shall place the minor in detention or shelter care, pending the preliminary inquiry.

  • (d) If a minor is not released to his parent, guardian or custodian, the Court Counselor shall immediately explore alternative pre-adjudication custody arrangements and prepare recommendation for temporary care and custody for presentation at the preliminary inquiry.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 10.

§ 110. Detention Pending Hearing.

A minor alleged to be a juvenile offender may be detained, pending a court hearing, in the following places:

  • (a) A foster care facility on the reservation licensed or approved by the Band;

  • (b) A detention home on the reservation approved by the Band; or

  • (c) A private family home on the reservation approved by the Band.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28 § 11.

Cross References

Minors-in-need-of-care, shelter care, see 8 MLBS § 206.
Standard for shelter care and detention facilities, see 8 MLBS § 15.

§ 111. Detention in Jail.

A minor who is sixteen years of age or older may be detained in a county jail or facility used for the detention of adults only if:

  • (a) A facility in 8 MLBS § 110 is not available or would not assure adequate supervision of the minor;

  • (b) Detention is in a cell separate, but not removed, from sight and sound of adults, whenever possible;

  • (c) Adequate supervision is provided twenty-four hours a day.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 11.01.

§ 112. Preliminary Inquiry-Minor Placed in Detention or Shelter Care.

  • (a) If a minor is placed in detention or shelter care by the Human Resource Officer pursuant to 8 MLBS § 109(c), the Court shall conduct a preliminary inquiry within twenty-four hours for the purpose of determining whether probable cause exists to believe the minor committed the alleged delinquent act and whether continued detention or shelter care is necessary, pending further proceedings.

  • (b) The minor must be released to parent, guardian, custodian or other suitable person, unless there is reason to believe that the child would endanger himself or others; not return for a court hearing; not remain in care or control of the person the child is to be released to; or that the child's health or welfare would be endangered.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 12.

§ 113. Preliminary Inquiry-Minor Not in Detention or Shelter Care.

If a minor has been released to his parent, guardian or custodian, the Court shall conduct a preliminary inquiry within three days after receipt of the complaint for the sole purpose of determining whether probable cause exists to believe the minor committed the alleged delinquent act.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 12.01.

§ 114. Notice of Preliminary Inquiry.

  • (a) Notice of the preliminary inquiry shall be given to the minor and his parent, guardian or custodian and their counsel as soon as the time for the inquiry has been established. The notice shall contain:

    • (1) The name of the court;

    • (2) The title of the proceedings;

    • (3) A brief statement of the substance of the allegations against the minor; and

    • (4) The date, time and place of the preliminary inquiry.

  • (b) The notice shall be delivered by a law enforcement officer, or an appointee of the Court.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 12.03.

§ 115. Presence of Parent, Guardian or Custodian at Preliminary Inquiry.

If the minor's parent, guardian or custodian is not present at the preliminary inquiry, the Court shall determine what efforts have been made to notify and to obtain the presence of the parent, guardian or custodian. If it appears that further efforts are likely to produce the parent, guardian or custodian, the Court shall recess for not more than twenty-four hours and direct the Human Resource Officer to make continued efforts to obtain the presence of a parent, guardian or custodian.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, §12.02.

§ 116. Probable Cause.

The circumstances that give rise to the complaint or the taking of the minor into custody and the need for detention or shelter care. If the Court finds that probable cause exists to believe the minor performed the delinquent act, the minor may be released to his parents and ordered to appear at the adjudicatory hearing.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 12.04.

§ 117. Release to Responsible Adult.

If the act is serious enough to Warrant continued detention or shelter care and there is reasonable cause to believe the minor will run away so that he will be unavailable for further proceedings or there is reasonable cause to believe that the minor will commit a serious act causing damage to person or property, the Court may release the minor to a relative or other responsible adult tribal member, if the parent, guardian or custodian of the minor consents to the release. If the minor is ten years of age or older, the minor and his parent, guardian or custodian must both consent to the release.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 12.05.

§ 118. Continued Detention or Shelter Care.

Upon a finding that probable cause exists to believe that the minor committed the alleged delinquent act and that there is a need for detention or shelter care and the minor's detention or shelter care shall be continued, the Court shall consider the Court Counselor's recommendation prepared pursuant to 8 MLBS § 109(d).

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 118.

§ 119. Dismissal of Complaint.

If probable cause exists to believe the minor committed the alleged delinquent act and the need for detention or shelter care is not found, the complaint shall be dismissed with or without prejudice and the minor released.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 12.061.

§ 120. Investigation by Human Resource Officer.

  • (a) The Human Resource Officer shall make an investigation within twenty-four hours of the preliminary inquiry or the release of the minor to determine whether the interests of the minor and the Band require that further action be taken.

  • (b) Upon the basis of his investigation, the Human Resource Officer may recommend that no further action be taken. Suggest to the minor, his parent, guardian or custodian that they appear for an informal hearing pursuant to 8 MLBS § 121; a petition be filed; or a transfer petition be filed.

  • (c) The Human Resource Officer may recommend that the Solicitor General file a petition pursuant to 8 MLBS § 127 in the Court to initiate further proceedings. The petition shall be filed within forty-eight hours if the minor is in detention or shelter care. If the minor has been previously released to his parent, guardian, custodian, relative or responsible adult, the petition shall be filed within five days.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 13.

§ 121. Informal Hearing.

The Human Resource Officer may hold an informal conference with the minor and the minor's parent, guardian or custodian to discuss alternatives to the filing of a petition if:

  • (a) The admitted facts bring the case within the jurisdiction of the Court;

  • (b) An informal adjustment of the matter would be in the best interest of the minor and the Band; and

  • (c) The minor and his parent, guardian or custodian consent to an informal adjustment with knowledge that the consent is voluntary.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 14.

§ 122. Notice of Informal Hearing.

  • (a) Notice of the informal hearing shall be given to the minor and his parent, guardian or custodian and their counsel as soon as the time for the hearing has been established.

  • (b) The notice shall contain:

    • (1) The name of the Court;

    • (2) The title of the proceeding; a brief statement of the substance of the allegation against the minor; and

    • (3) The date, time and place of the informal hearing.

  • (c) The notice shall be delivered by a law enforcement officer or an appointee of the Court. If the notice cannot be delivered personally, the notice shall be delivered by registered mail.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28§ 14.01.

§ 123. Subpoenas.

The provisions of 8 MLBS §§ 121-126 do not authorize the Human Resource Officer to compel any person to appear at any conference, produce any papers or visit any place.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 14.03.

§ 124. Inadmissibility of Statements.

No statement made during the informal hearing may be admitted into evidence at an adjudicatory hearing or any proceedings against the minor under this chapter.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 14.02.

§ 125. Informal Adjustment.

  • (a) At the informal hearing, the Human Resource Officer may:

    • (1) Refer the minor and the parent, guardian or custodian to the community agency for needed assistance.

    • (2) Order terms of supervision calculated to assist and benefit the minor which regulate the minor's activities and which are within the ability of the minor to perform.

    • (3) Accept an offer of restitution, if voluntarily made by the minor.

    • (4) Recommend that the Solicitor General file a petition pursuant to 8 MLBS § 127.

  • (b) Any informal adjustment period shall not exceed six months.

  • (c) The Human Resource Officer shall set forth in writing the agreements and conclusions reached at the informal hearing and the disposition agreed to by the parties for remedying the situation.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, §§ 14.04-14.06.

§ 126. Progress Reviews.

The Human Resource Officer shall review the minor's progress every thirty days. If, at anytime after the initial thirty day period, the Human Resource Officer concludes that positive results are not being achieved, the Human Resource Officer shall recommend that the Solicitor General file a petition pursuant to 8 MLBSA § 127.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 14.07.

§ 127. Petition.

  • (a) Proceedings under this chapter shall be instituted by a petition filed by the Solicitor General on behalf of the Band and in the interests of the minor. The Solicitor General shall file no petition with the Court unless the Commissioner of Human Services shall certify to the facts contained therein. No Human Resource Officer shall certify to any facts contained therein on any petition, however this shall not relieve any Human Resource Officer from civil liability for malfeasance in the performance of their official duties.

  • (b) The petition shall state:

    • (1) The name, birthdate and residence of the minor.

    • (2) The names and residences of the minor's parent, guardian or custodian.

    • (3) A citation to the specific statutory provision of this title which gives the Court jurisdiction of the proceedings.

    • (4) A citation to the Mille Lacs Band Statutes Annotated provision which the minor is alleged to have violated.

    • (5) If the minor is in detention or shelter care, the place of detention or shelter care and the time he was taken into custody.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 15.

§ 128. Date of Adjudicatory Hearing.

  • (a) Upon receipt of the petition, the Court Clerk shall set a date for the hearing which shall not be more than five days after the Court received the petition from the Solicitor General. Mediation required pursuant to statute shall be waived, if the adjudicatory hearing is not held within ten days after the filing of the petition.

  • (b) Trial upon the merits shall commence within thirty days of filing of the complaint or be dismissed with or without prejudice.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, §§ 13, 16.

§ 129. Continuance.

  • (a) If the hearing is continued upon motion of the minor, the petition shall be dismissed and cannot be filed again.

  • (b) The hearing is continued upon motion of the Solicitor General by reason of the unavailability of material evidence or witnesses and the Court finds the Solicitor General has exercised due diligence to obtain the material or evidence and reasonable grounds exist to believe that the material or evidence will become available.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 16.01.

§ 130. Summons.

  • (a) At least five days prior to the adjudicatory hearing, the Court shall issue summons to:

    • (1) The minor;

    • (2) The minor's parent, guardian or custodian;

    • (3) Any person the Court believes necessary for the proper adjudication of the hearing; and

    • (4) Any person the parties believe necessary for the proper adjudication of the hearing.

  • (b) The summons shall contain:

    • (1) The name of the Court;

    • (2) The title of the proceedings; and

    • (3) The date, time and place of the hearing.

  • (c) A copy of the petition shall be attached to the summons.

  • (d) The summons shall be delivered personally by a tribal law enforcement officer or appointee of the Court. If the summons cannot be delivered personally, the Court may deliver the summons by registered mail.

  • (e) If a person who has been issued a summons fails to appear at the hearing, that person shall be held in contempt of court and a bench Warrant shall be issued.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 16.04.

§ 131. Adjudicatory Hearing.

An adjudicatory hearing shall be conducted within ten days of receipt of the petition by the Court. The adjudicatory hearing shall be held for the sole purpose of determining the guilt or innocence of a juvenile offender or for determining if the minor is a minor-in- need-of-care.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 17.

§ 132. Testimony at Adjudicatory Hearing.

  • (a) The Court shall hear testimony concerning the circumstances which gave rise to the complaint.

  • (b) No evidence that would be inadmissible in a civil proceeding shall be admitted.

  • (c) The parties shall have the right to cross-examine and present witnesses.

  • (d) Human Resource Officers shall testify at any Court hearing to which they have factual knowledge of the circumstances surrounding the cause of action.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, §§ 15, 17.01 to 17.03.

§ 133. Burden of Proof; Finding.

If the allegations of the petition are sustained by proof beyond a reasonable doubt, the Court shall find the minor to be a juvenile offender and proceed to the dispositional hearing.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 17.04.

§ 134. Appealability of Finding.

A finding that a minor is a juvenile offender constitutes a final order for purpose of appeal.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 16.02.

§ 135. Admission of Allegations.

If the minor admits the allegations of the petition, the Court shall proceed to the dispositional stage only if the Court finds:

  • (a) The minor fully understands his rights as set forth in 8 MLBS § 11 and fully understands the potential consequences of his admission.

  • (b) The minor voluntarily, intelligently and knowingly admits to all facts necessary to constitute a basis for Court action.

  • (c) The minor has not, in his purported admission to the allegations, set forth facts which, if found to be true, constitute a defense to the allegations.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 16.03.

§ 136. Pre-Dispositional Report.

  • (a) The Human Resource Officer shall prepare and present a written report to the Court at least one day before a dispositional hearing.

    • (1) The report shall contain a place for the care and assistance to the minor or his parents, guardian or custodian which is calculated to resolve the problems presented in the petition.

    • (2) The report shall contain a detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the minor under the proposed plan.

    • (3) Preference shall be given to the dispositional alternatives which are listed in 8 MLBS § 141 and select that which is the least restrictive of the minor's freedom and is consistent with the interests of the Band.

    • (4) The report shall contain specific reasons for not recommending placement of the minor with his parent, guardian or custodian.

  • (b) The Human Resource Officer shall present the pre-dispositional report to the Court, the person selected by the minor to represent him and the Solicitor General at least one day before the dispositional hearing.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 18.

§ 137. Medical Examination.

  • (a) The Court may order a medical examination for a minor who is alleged to be a juvenile offender.

  • (b) The Court may order a mental and/or physical examination at any time subsequent to the time that the party who is the subject of the cause admits the allegations of the petition, or if he does not admit, at any time subsequent to the time the Court finds the allegations of the petition have been proved.

  • (c) The report of a medical examination shall not be admissible in evidence, nor shall it be considered by the Court, at the adjudicatory hearing in any juvenile Court case. It shall be admissible in evidence at the dispositional hearing in any juvenile Court case.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 23

§ 138. Dispositional Hearing.

A dispositional hearing shall take place no more than ten days after the adjudicatory hearing.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28 § 19.

§ 139. Notice of Dispositional Hearing.

  • (a) Notice of the dispositional hearing shall be given to the minor and his parent, guardian or custodian and their counsel at least forty-eight hours before the hearing.

  • (b) A dispositional hearing notice shall contain:

    • (1) The name of the Court;

    • (2) The title of the proceedings;

    • (3) A statement that the hearing is to determine the disposition of the case; and

    • (4) The date, time and place of the dispositional hearing.

  • (c) The notice shall be delivered by a law enforcement officer or an appointee of the Court. If the notice cannot be delivered personally, the notice shall be delivered by registered mail.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, §§ 19.02-19.04.

§ 140. Evidence.

  • (a) At the dispositional hearing, the Court shall hear evidence on the question of proper disposition.

  • (b) At the dispositional hearing, the Court shall review and consider the predisposition report submitted by the Human Resource Officer and afford the parents an opportunity to controvert the factual contents and conclusions of the reports. The Court shall also consider the alternative predisposition report prepared by the minor and his attorney, if any.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, §§ 19.01, 19.05.

§ 141. Dispositional Orders.

  • (a) If a minor has been adjudged a juvenile offender, the Court may make the following dispositions:

    • (1) Place the minor on probation subject to conditions set by the Court;

    • (2) Place the minor in an institution or agency designated by the Court.

  • (b) The dispositional orders are to be in effect for the time limit set by the Court, but no order shall continue after the minor reaches the age of eighteen years of age.

  • (c) The dispositional orders are to be reviewed at the Court's discretion, but at least once every six months.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 19.07.

§ 142. Appealability of Dispositional Order.

The dispositional order constitutes a final order for purposes of appeal.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 19.06.

§ 143. Modification of Dispositional Order.

  • (a) A dispositional order of the Court may be modified upon a showing of change of circumstances.

  • (b) The Court may modify a dispositional order at any time upon the motion of the following:

    • (1) The minor,

    • (2) The minor's parent, guardian or custodian and

    • (3) The Court Counselor.

  • (c) If the modification involves a change of custody the Court shall conduct a hearing pursuant to subsection (d) to review its dispositional order.

  • (d) A hearing to review a dispositional order shall be conducted as follows:

    • (1) Notice in writing or the hearing shall be given to the minor, the minor's parent, guardian or custodian and their counsel at least forty-eight hours before the hearing. The Notice shall contain the name of the Court, the title of the proceedings, a statement that the hearing is to review the disposition and the date, time and place of the hearing. The notice shall be delivered by a tribal law enforcement officer or an appointee of the Court.

    • (2) The Court shall review the performance of the minor, the minor's parents, guardian and custodian and the Human Resource Officer and other persons providing assistance to the minor and the minor's family.

    • (3) In determining modification of disposition, the procedures prescribed in 8 MLBS §§ 136 and 138-143 shall apply.

    • (4) If the request for review of disposition is based upon an alleged violation of a Court order, the Court shall not modify its dispositional order unless it finds clear and convincing evidence of the violation.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 19.08.

§ 144. Record of Hearings.

A record of all hearings under this title shall be made and preserved.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 20.

§ 145. Confidentiality of Court Records.

All court records shall be confidential and shall not be open to inspection to any, but the following: the minor, the minor's parent, guardian or custodian, the Court Counselor, the Solicitor General or the parents and the minor's attorney.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 20.01.

§ 146. Confidentiality of Law Enforcement Records.

Law enforcement records and files concerning a minor shall be kept separate from the records and files of adults. All law enforcement records and files shall be confidential and shall not be open to inspection to any, but the following: the minor, the minor's parent, guardian or custodian, the Court Counselor, or the Solicitor General, the parents and the minor's attorney.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 20.02.

§ 147. Destruction of Records.

When a minor who has been the subject of any proceeding before the Court attains his eighteenth birthday, the Chief Justice of the Tribal Court shall order the Clerk of Court to destroy both the Court records and the law enforcement records.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 20.03.

§ 148. Appeal.

  • (a) Any party to a Court hearing may appeal a final order or disposition of the case by filing a written notice of appeal with the Court within thirty days of the final order of disposition.

  • (b) A decree or disposition of a hearing may be stayed by such appeal.

  • (c) All appeals shall be conducted in accordance with 24 MLBS § 2501.

  • (d) For purposes of appeal, a record of the proceedings shall be made available to the minor, his parents, guardian or custodian. Costs of obtaining this record shall be paid by the party seeking the appeal.

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 21.

§ 149. Contempt of Court.

All willful disobedience or interference with any order of the Court constitutes contempt of court. The Court may punish an adult for contempt of court in accordance with Band Statute 1143-MLC-4, Title IX [repealed].

Historical and Statutory Notes

Source:
Band Statute 1096-MLC-28, § 22.