CHAPTER 27-4
JUVENILE TAKEN INTO CUSTODY

27-4-1 When.

A law enforcement officer may take a juvenile into custody when:

(A)    The officer has probable cause to believe a juvenile is committing or has committed a violation of tribal law;

(B)    The officer has a warrant or an order to take the juvenile into custody;

(C)    The officer has probable cause to believe that a warrant or order for the juvenile to be taken into custody has been issued outside the reservation for an act committed therein;

(D)    The officer has probable cause to believe that the juvenile has violated an order for house arrest as a term of probation; or

(E)    A court services officer provides a law enforcement officer with a written statement that the juvenile has violated the conditions of the juvenile’s release or probation.

27-4-2 Intake.

(A)    A juvenile taken into custody by a law enforcement officer shall be brought without unnecessary delay to an intake officer for the purpose of completing a risk assessment.

(B)    Records, reports and information obtained as a part of the juvenile intake and assessment process shall not be admitted into evidence in any proceeding pursuant to this Title or in any child in need of care proceeding pursuant to Title 6 of the Potawatomi Law and Order Code, except in the following circumstances:

(1)    For diagnostic and referral purposes;

(2)    By the Court in considering dispositional alternatives; and

(3)    In a child in need of care proceeding, when there is evidence of abuse or neglect.

(C)    The intake officer shall make reasonable efforts to notify the juvenile’s parent or residential custodian of the reason for taking the juvenile into custody and the place of custody.

(D)    The law enforcement officer shall provide the juvenile prosecutor and intake officer with the following:

(1)    All facts and circumstances which caused the juvenile to be arrested or taken into custody; and

(2)    All other information in the officer’s possession pertaining to the juvenile, the juvenile’s parent or residential custodian and other known persons who are likely to be interested in the juvenile.

(E)    The intake officer shall not release the juvenile to a juvenile detention facility unless one or more of the criteria listed in Section 27-4-4 are met.

(F)    In the absence of a court order to the contrary, the law enforcement officer, the prosecutor or the intake officer may direct the release of the juvenile prior to a detention hearing if they have reason to believe that the juvenile will appear for further proceedings and will not be a danger to himself or others.

27-4-3 Release.

After the juvenile completes a risk assessment, the intake officer shall release the juvenile to the juvenile’s parent or residential custodian, a member of the juvenile’s extended family, a family friend or other suitable placement; or to a juvenile residential facility or juvenile detention facility.

27-4-4 Placement in Juvenile Detention Facility; Jail.

(A)    A juvenile may be placed in a juvenile detention facility if one or more of the following exist:

(1)    The juvenile is sought for an offense in another jurisdiction, the juvenile has escaped from a juvenile detention facility or the juvenile has absconded from a court-ordered placement;

(2)    The juvenile is alleged to have violated tribal law;

(3)    The juvenile has a history of violent behavior toward others;

(4)    The juvenile has a record of failure to appear in court or probable cause exists to believe the juvenile will flee the Court’s jurisdiction;

(5)    The juvenile has been adjudicated as a juvenile offender and is awaiting final court action on that offense;

(6)    The juvenile is a juvenile offender who has been expelled from placement in a non-secure facility as a result of the current alleged offense;

(7)    The juvenile has a record of adjudications or convictions of one or more offenses, which if committed by an adult, would constitute a felony; or

(8)    The juvenile has violated probation or conditions of release.

(B)    No juvenile shall be detained or placed in any jail, pursuant to this Title and federal law, except that a juvenile in custody may be temporarily detained in a jail for the purposes of identifying and processing the juvenile and transferring the juvenile to a juvenile residential facility or juvenile detention facility. The jail must have quarters with sight and sound separation from adult prisoners. If a juvenile is detained in jail pursuant to this subsection, the juvenile must be detained for the minimum amount of time necessary and in no case for longer than six (6) hours.

27-4-5 Admissions and Confessions.

(A)    If a juvenile is less than fourteen (14) years of age, an admission or confession during interrogation by a law enforcement officer regarding a violation of tribal law is inadmissable as evidence against the juvenile unless a parent or residential custodian was present at such interrogation and the juvenile and the juvenile’s parent or residential custodian were advised that:

(1)    The juvenile has the right to remain silent;

(2)    Any statement made by the juvenile may be used against the juvenile in Court;

(3)    The juvenile has the right to an attorney.

(B)    If the juvenile is represented by an attorney at an interrogation, statements or admissions by the juvenile may be admissible in evidence, despite the absence of a parent or residential custodian.

(C)    Notwithstanding subsection (A) of this Section, any admissions and/or confessions of a juvenile who is being interrogated and who is emancipated shall be admissible in any Court proceeding, despite the absence of a parent or residential custodian.

27-4-6 Fingerprints and Photographs.

A juvenile in custody shall not be fingerprinted or photographed for any purpose, with the following exceptions:

(A)    For the purpose of registration as a sex offender pursuant to Chapter 15-7 of the Potawatomi Law and Order Code.

(B)    Photographs may be taken of a juvenile placed in a juvenile detention facility for the purpose of identification, security and protection, and shall not be released to any other person or agency unless the juvenile escapes and release of the photographs is necessary to assist in apprehension.

(C)    Pursuant to an order of the Court.

27-4-7 Removal from Custody of Parent or Residential Custodian.

(A)    Notwithstanding a prior court order which authorizes removal of the juvenile from the custody of his parent or residential custodian, the Court shall not enter such order unless the Court first makes a written finding that probable cause exists that

(1)    The juvenile is likely to sustain harm if not immediately removed from the home and allowing the juvenile to remain at home is not in the best interests of the juvenile; or

(2)    An emergency exists which threatens the safety of the juvenile.

(B)    Nothing in this Section shall prohibit the Court from issuing a warrant or an order authorizing removal of a juvenile from home if the juvenile presents a risk to public safety.