Chapter 7.20 JUVENILE JUSTICE CODE

(a) To preserve and retain the unity of the family and provide for the care, protection and wholesome mental and physical development of children coming within the provisions of this chapter;

(b) To ensure that a program of supervision, care and rehabilitation will be available to those children who come within the provisions of this chapter;

(c) To achieve the purpose of this chapter in a family environment whenever possible, separating the child from his parents only when necessary for the child’s welfare or in the interests of public safety;

(d) To provide fair procedures for enforcing this chapter that recognize and protect the rights of the parties;

(e) To separate clearly in the judicial and other processes affecting children under this chapter the “juvenile offender” and the “family in need of services” and “child in need of care,” and to provide appropriate and distinct dispositional options for treatment and rehabilitation to these children and families;

(f) To remove from children committing juvenile offenses the legal consequences of criminal behavior and to substitute therefor a program of supervision, care and rehabilitation with the protection of the Puyallup Indian community. [Res. 180599G (05/18/99); prior code § 7.05.100]

7.20.020 Jurisdiction.

(a) The Children’s Court is vested with personal, subject matter and territorial jurisdiction to the extent permitted under the Constitution and Laws of the Puyallup Indian Nation and the United States of America and the Puyallup Claims Settlement Agreement dated August 27, 1988. The jurisdiction of the Children’s Court under this Juvenile Justice Code shall be criminal and civil in nature and shall include the right to issue all orders necessary to ensure the safety of children within the boundaries of the Reservation.

(b) The Children’s Court shall have jurisdiction over the following persons:

(1) Persons under the age of 18 years who are enrolled members of the Puyallup Tribe or are eligible for enrollment in the Puyallup Tribe;

(2) Indians, as defined in PTC 7.04.030, who are under the age of 18 years, including those who commit an offense within the exterior boundaries of the Puyallup Indian Reservation;

(3) Children of enrolled members of the Puyallup Tribe or other Indians, as defined in PTC 7.04.030, including adopted children;

(4) Children residing or domiciled within the exterior boundaries of the Reservation, for whatever reason, in the home of an enrolled member of the Puyallup Tribe or other Indians, as defined in PTC 7.04.030, as long as the parent(s), guardian(s), or custodian(s) have consented to the jurisdiction of the Children’s Court. Such consent, once given, may be revoked only with permission of the Children’s Court; and

(c) The Children’s Court shall have exclusive original jurisdiction of all proceedings arising under this chapter, specifically including:

(1) All children’s matters arising off the Puyallup Indian Reservation which are referred to under the Indian Child Welfare Act (25 U.S.C. 1901 et seq.);

(2) All matters where a child has been alleged to be a juvenile offender unless the Children’s Court transfers jurisdiction to the Tribal Court pursuant to PTC 7.20.210;

(3) Adults in any case properly before the Children’s Court, whether that adult is Indian or non-Indian within the Reservation, to facilitate the handling of a child’s case. Such jurisdiction includes, but is not limited to, the power to compel attendance at Court or other proceedings related to the dispositions of a child’s case, to impose restrictions, conditions and requirements relating to care, guardianship and/or control of a child;

(4) The termination of parental rights;

(5) The adoption of a juvenile;

(6) The determination of custody of or the appointment of a custodian or guardian for a juvenile;

(7) The commitment of a mentally retarded or mentally ill juvenile;

(8) The authorization of the marriage of a child who does not have a parent or guardian or whose parent or guardian refuses to consent, when the law requires consent to the marriage by parent or guardian.

(d) Jurisdiction obtained by the Children’s Court over a juvenile is retained until terminated by any of the following situations:

(1) The juvenile becomes an adult, except where a juvenile becomes an adult during the pendency of proceedings in the Juvenile Court;

(2) When the Children’s Court enters an order terminating jurisdiction;

(3) Where the Children’s Court deems it appropriate, the Court may retain jurisdiction over children and their extended families who leave the exterior boundaries of the Reservation. [Res. 180599G (05/18/99); prior code § 7.05.110]

7.20.030 Severability.

The provisions of the Puyallup Tribal Juvenile Code shall be severable and if any phrase, clause, sentence or provision of this chapter is found to be contrary to the Puyallup Tribal Constitution or declared to be in violation of applicable federal law or is held to be invalid, the validity of the remainder of this chapter shall not be affected and shall remain in full force and effect. [Res. 180599G (05/18/99); prior code § 7.05.115]

7.20.040 Definitions.

(a) “Adult” means an individual who is 18 years of age or older, or otherwise emancipated by order of a court of competent jurisdiction.

(b) “Child” means an individual who is under the age of 18 years of age and has not been emancipated by order of a court of competent jurisdiction.

(1) A juvenile who is in need of proper and effective parental care or control and has no parent or guardian or custodian able or willing to exercise such care or control;

(2) A juvenile who has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his or her parent(s), guardian or custodian necessary for his or her health and well-being;

(3) A juvenile who has been abandoned by his or her parent(s), guardian or custodian;

(4) A juvenile who has been or is likely to be physically, emotionally, psychologically or sexually abused by his or her parent(s), guardian or custodian;

(5) A juvenile who has been sexually abused by his or her parent(s), guardian or custodian;

(6) A juvenile whose parent(s), guardian or custodian has knowingly, intentionally or negligently:

(A) Placed the child in a situation that may endanger his or her life or health; or

(B) Tortured, cruelly confined or cruelly punished him or her;

(7) A juvenile who has committed delinquent acts as a result of parental pressure, guidance or approval.

(d) “Child in need of services” means a child who persistently or habitually refuses to obey the reasonable or proper orders or directions of his or her parent(s), guardian or custodian or who is beyond the control of such person, or who violates an ordinance establishing a curfew or who commits a juvenile offense or engages in other delinquent or criminal behavior. Such child is within the jurisdiction of the Juvenile Court, which may adjudge such person to be a ward of the Court as a child in need of services.

(e) “Consent decree” means a Court order which suspends a “juvenile offender” or “child in need of services” proceeding and continues the child under the supervision of the Court under terms and conditions negotiated with the juvenile counselor or prosecuting officer and agreed to by all parties in an informal diversion conference and/or agreement.

(f) “Counsel” means an advocate, spokesperson or attorney. An attorney is licensed by the State of Washington and a member of the Puyallup Tribal Court Bar. An advocate or spokesperson is a lay counsel, not licensed by the State of Washington, who is a member of the Puyallup Tribal Court Bar.

(g) “Court” or “Children’s Court” means the Children’s Court of the Puyallup Tribe of Indians.

(h) “Court Judge” means any duly appointed Judge of the Puyallup Tribe of Indians.

(i) “Custodian” means a person, other than a parent or guardian, to whom legal and/or physical custody of the child has been given but does not include the person that has only physical custody.

(j) “Custody” or “legal custody” means the status created by order of the Puyallup Tribal Children’s Court or any other court of competent jurisdiction that vests the following rights and responsibilities:

(1) The right to have physical custody of the child;

(2) The right and duty to protect, train and discipline the child;

(3) The responsibility to provide the child with food, shelter, education and ordinary medical care, and the authority to consent to surgery or extraordinary care in an emergency.

(k) “Detention” means the placement of a juvenile in a physically restrictive facility.

(l) “Disposition hearing” means a proceeding of the Children’s Court to determine how to resolve a case after it has been determined at the adjudicatory hearing that the child has committed a specific “juvenile offense(s)” or is a “child in need of care” or is a “child in need of services.”

(m) “Domicile” means a person’s permanent home, legal home, or main residence. The domicile of a child is generally that of the custodial parent or guardian. “Domicile” includes the intent to establish a permanent home or where the parent or guardian considers to be their permanent home. “Domicile” for purposes of jurisdiction is established at the time of the alleged acts.

(n) “Extended family” means a person who has reached the age of 18 years and who is the child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin or step-parent, godparent or any other person defined by the laws and customs of the Puyallup Tribe of Indians.

(o) “Guardian ad litem” means a person appointed by the Court to represent the child’s interests before the Court (but not the juvenile’s property).

(p) He/His. The use of “he/his” means he or she, his or her, and singular includes plural.

(q) “Indian” means a person who is a member of or is eligible for membership in a federally recognized Indian tribe, band or community, or Alaskan or Hawaiian Natives, or a person considered by the community to be Indian.

(r) “Interim care” means emergency or temporary placement of a child in a shelter, home or juvenile shelter facility.

(s) “Juvenile” means:

(1) An individual who is under 18 years of age.

(2) A person less than 18 years of age or older concerning whom proceedings are commenced in Juvenile Court prior to his or her eighteenth birthday.

(t) “Juvenile offender” means a juvenile who commits a juvenile offense.

(u) “Juvenile offense” means an act committed by a juvenile, which if committed by an adult is designated a crime under the Puyallup Tribe’s Law and Order Code (PTC Title 5).

(v) “Parent” includes a natural or adoptive parent but does not include persons whose parental rights have been terminated nor does it include the putative or alleged father whose paternity has not been acknowledged or established.

(w) “Petitioner” includes both petitioners under a joint petition.

(x) “Presenting Officer” means the Presenting Officer or any other appropriately titled person who performs the duties and responsibilities set forth in PTC 7.20.060(b).

(y) “Probation” means a legal status created by Court order whereby a “juvenile offender” is permitted to remain in his or her 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 or her failure to comply with any of the prescribed conditions of probation.

(z) “Puyallup Indian child” means any unmarried person under the age of 18 years who is a member of the Puyallup Tribe of Indians or who is eligible for membership.

(aa) “Reservation” means the Puyallup Indian Reservation in Tacoma, Washington.

(bb) “Secure juvenile detention facility” means a detention facility designated by the Court which restricts the movement and activity of the juvenile and in which he or she is kept both from sight and sound of adult detainees.

(cc) “Shelter care home” or “juvenile shelter care facility” means a home or residential facility which is licensed to care for children under the age of 18 years.

(dd) “Status offenses” means acts or conduct which if committed by an adult would not be considered an offense. Such “offenses” include but are not limited to:

(1) A child who, while subject to compulsory school attendance, is habitually absent from school.

(2) Curfew violations.

(3) Runaway.

(ee) “Tribal Council” means the Tribal Council of the Puyallup Tribe of Indians.

(ff) “Tribal Court” means the adult court for the Puyallup Tribe of Indians.

(gg) “Tribe” means the Puyallup Tribe of Indians. [Res. 180599G (05/18/99); prior code § 7.05.120]

Subchapter 2. Children’s Court

7.20.050 Children’s Court procedure.

(a) No adjudication upon the status of any juvenile in the jurisdiction of the Children’s Court shall be deemed a conviction of a crime unless the Children’s Court transfers jurisdiction to the Tribal Court.

(b) The adjudication, disposition and evidence presented before the Children’s Court shall be inadmissible as evidence against the juvenile in any proceeding in any other court, including Tribal Court.

(c) The procedures of the Children’s Court shall be governed by the rules of procedure of the Tribal Court which are not in conflict with this chapter. [Res. 180599G (05/18/99); prior code § 7.05.205]

7.20.060 Court personnel.

(a) Children’s Court Judge(s).

(1) Appointment. The Children’s Court Judge(s) shall be appointed or elected in the same manner as the Tribal Court Judge(s).

(2) Qualifications. The general qualifications for the Children’s Court Judge(s) shall be the same as the Tribal Court Judge(s). In addition, Children’s Court Judge(s) shall have experience and/or training in juvenile matters.

(3) Powers and Duties. In carrying out the duties and powers specifically enumerated in this Juvenile Justice Code, the Children’s Court Judge(s) shall have the same powers as the Tribal Court Judge(s), including, but not limited to, the contempt power, the power to issue arrest or custody warrants, and the power to issue subpoenas and search warrants.

(4) Disqualification and Disability. The rules for disqualification or disability of a Children’s Court Judge shall be the same as those rules which govern Tribal Court Judges.

(5) Any Puyallup Tribal Court Judge may act as Children’s Court Judge.

(b) Juvenile Presenting Officer.

(1) Appointment. The Tribal Council shall appoint a Juvenile Presenting Officer(s) to carry out the duties and responsibilities set forth in this chapter. The Chief Judge of the Tribal Court shall certify annually to the Tribal Council the number of qualified Juvenile Presenting Officers needed to carry out the purpose of this chapter. The person(s) carrying out the duties and responsibilities set forth in this section may be labeled “Juvenile Presenter” or “Juvenile Presenting Officer” or “Juvenile Petitioner” or any other title which the Court finds appropriate so long as they perform the duties and responsibilities set forth in this section.

(2) Qualifications. The qualifications of the Juvenile Presenting Officer(s) shall be the same as the qualifications for the official who acts as prosecutor for the Tribal Court.

(3) Duties. The duties of the Juvenile Presenting Officer include the following:

(A) Filing petitions with the Court as provided in this chapter;

(B) Representing the Tribe in all proceedings under this chapter; and

(1) The Tribal Council shall appoint a Juvenile Probation Officer to carry out the duties and responsibilities set forth in this chapter.

(2) The Juvenile Probation Officer must have an educational background and/or prior experience in the field of delivering services to juveniles, law enforcement or probation.

(3) The adult Probation Officer may act as a Juvenile Probation Officer.

(d) The Tribal Court may set qualifications and appoint additional Children’s Court personnel whenever, in conjunction with Children’s Court recommendations, it decides is appropriate to do so. [Res. 180599G (05/18/99); prior code § 7.05.210]

7.20.070 Relations with other agencies.

(a) Cooperation and Grants. The Children’s Court is authorized to cooperate fully with any federal, state, Tribal, public or private agency in order to participate in any diversion, rehabilitation, or training program(s) and to receive grants-in-aid to carry out the purposes of this chapter. This authority is subject to the approval of the Tribal Council if it involves an expenditure of Tribal funds.

(b) The Children’s Court shall utilize such social services as may be furnished by any Tribal, federal, state or private agency, including the Tribe’s and Chief Leschi’s social services, provided it is economically administered without unnecessary duplication and expense.

(c) The Children’s Court may negotiate contracts with Tribal, federal, state or private agencies and/or departments on behalf of the Tribal Council for the care and placement of children whose status is adjudicated by the Children’s Court, subject to the approval of the Tribal Council before the expenditure of Tribal funds.

(d) The Children’s Court may accept or decline transfers from other states or tribal courts involving alleged juvenile offenders or a child in need of services for the purposes of child in need or care, adjudication and/or disposition. [Res. 180599G (05/18/99); prior code § 7.05.215]

7.20.080 Rights of the parties.

(a) Privilege Against Self-Incrimination. A child alleged to be a juvenile offender or a child in need of services, from the time of being taken into custody, shall be accorded and advised of his or her privilege against self-incrimination. From the time the child is taken into custody, he or she shall not be questioned except to determine identity, to determine the name(s) of the child’s parent(s) or legal custodian, or to conduct medical assessment or treatment for alcohol or substance abuse under PTC 7.20.280 and 7.20.420 when the child’s health and well-being are in serious jeopardy.

(b) Right to the Presence of Counsel. A child alleged to be a juvenile offender or a child in need of services shall have the right to the presence of counsel during questioning, and at all stages of the proceedings, but such counsel shall be retained by the juvenile, his or her parent(s) or legal guardians at their own expense, and the Court is not required to provide counsel.

(c) Fingerprints/Photographs. A child alleged to be a juvenile offender or a child in need of services who is in custody shall not be fingerprinted or photographed for criminal identification purposes except by order of the Children’s Court. If such an order is given, the fingerprints and photographs shall only be used as specified by the Court and will remain part of the Children’s Court file and not become a public record.

(d) Explanation of Rights at Hearing. At his or her first appearance before the Children’s Court, and at each subsequent appearance, the child alleged to be a juvenile offender or child in need of services and the child’s parent(s), guardian or custodian shall be informed by the Court of the following:

(1) The allegations against him or her;

(2) The right to counsel at his or her own expense and that a Tribal advocate or a public defender may be available;

(3) The right to testify or remain silent and that any statement made by him or her may be used against him or her;

(4) The right to cross-examine witnesses;

(5) The right to subpoena witnesses and to introduce evidence on his or her own behalf;

(6) The possible consequences if the allegations in the petition are found to be true; and

(7) The right to appeal decisions of the Children’s Court to the Court of Appeals. [Res. 180599G (05/18/99); prior code § 7.05.220]

7.20.090 Appeals.

(a) Appeals under this chapter shall be taken pursuant to the Puyallup Tribal Court of Appeals Rules of Appellate Procedure (Chapter 4.16 PTC, Subchapter 5).

(b) For purposes of appeal, a record of the proceedings shall be made available to the juvenile, his or her parent(s), guardian or custodian. Costs of obtaining this record shall be paid by the party seeking the appeal. The cost may be waived if the juvenile, parent(s), guardian or custodian show that they cannot pay. [Res. 180599G (05/18/99); prior code § 7.05.225]

Subchapter 3. Taking a Juvenile into Custody

7.20.100 Taking a juvenile into custody.

(a) A Law Enforcement Officer may take a child into custody when:

(1) The child commits a “juvenile offense” in the presence of the Officer;

(2) The Officer has reasonable cause to believe a “juvenile offense” has been committed by the child being detained; or

(3) An appropriate custody order or warrant has been issued by the Court authorizing the taking of a particular child.

(b) A Probation Officer may take a child into custody when a petition has been filed alleging the child to be an “offender” or “in need of services” or the child has been so adjudicated and:

(1) The Probation Officer has reasonable cause to believe that the juvenile may leave the jurisdiction of the Court or the child has violated either his or her conditions of release or conditions of probation; or

(2) An appropriate custody order or warrant has been issued by the Court authorizing the taking of a particular child. [Res. 180599G (05/18/99); prior code § 7.05.305]

7.20.110 Custodial warrants and custody orders.

(a) Custodial Warrants/Orders. The Court may issue a warrant or order directing that a juvenile be taken into custody if:

(1) The Court finds probable cause exists to believe the juvenile has committed the acts alleged in the petition; or

(2) The Court finds probable cause exists to believe that the juvenile has violated either his or her conditions of release or conditions of probation.

(b) Search Warrants.

(1) The Court may issue a warrant authorizing a Law Enforcement Officer to search for a juvenile if there is probable cause to believe that the juvenile is within the Court’s jurisdiction and a custodial warrant has been issued for the child.

(2) 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 an “offense” or would be material evidence in a juvenile offender proceeding.

(c) Bench Warrant. The Court may issue a warrant for a person’s arrest for contempt of Court immediately upon the failure to appear in Court as directed, either in person or by counsel. [Res. 180599G (05/18/99); prior code § 7.05.310]

7.20.120 Provision of rights.

At the time a child is taken into custody as an alleged “juvenile offender” or “child in need of services,” the arresting Officer shall give the following warning:

(a) The child has a right to remain silent.

(b) Anything the child says can be used against the child in Court.

(c) The child has the right to the presence of his or her parent, guardian, or custodian and/or counsel during questioning.

(d) The child has a right to an advocate or attorney at his or her own expense and that a Tribal advocate or public defender may be available. [Res. 180599G (05/18/99); prior code § 7.05.315]

7.20.130 Release or delivery from custody.

A Law Enforcement Officer taking a child into custody shall give the warnings listed in PTC 7.20.120 to any child he or she takes into custody prior to questioning and then shall do one of the following:

(a) Release the child to his or her parent, guardian or custodian and/or issue a verbal warning as may be appropriate;

(b) Release the child to a relative or other responsible adult Tribal member if the child’s parent, guardian or custodian consents to the release; (If the child is 10 years or older, both child and parent must consent to such release.)

(c) Deliver the child to the juvenile counselor or juvenile facility as designated by the Court or to a medical facility if the child is believed to need prompt medical treatment or is under the influence of alcohol or other chemical substance. [Res. 180599G (05/18/99); prior code § 7.05.320]

7.20.140 Review by Presenting Officer or juvenile facility.

The Presenting Officer or juvenile official at the juvenile facility (as designated by the Court) shall, immediately upon delivery of the child for custody, review the need for continued custody and shall release the child to his or her parent(s), guardian or custodian in order to appear at the hearing on a date to be set by the Court, unless:

(a) The act is serious enough to justify continued detention;

(b) There is probable cause to believe the child has committed the offense(s) alleged;

(c) There is reasonable cause to believe the child will run away so that he or she will be unavailable for further proceedings;

(d) There is reasonable cause to believe that the child will commit a serious act causing injury or damage to him/herself, to another person or to property. [Res. 180599G (05/18/99); prior code § 7.05.325]

7.20.150 Notification of family.

If a child is taken into custody and not released to his or her parent(s), guardian or custodian, the person taking the child into custody shall immediately attempt to notify the child’s parent(s), guardian or custodian. All reasonable efforts shall be made to advise the parent(s), guardian or custodian of the reason for taking the child into custody and the place of continued custody. Such reasonable efforts shall include telephone and personal contacts at the home or place of employment or other locations where the person is known to frequent. If notification cannot be provided to the child’s parent(s), guardian or custodian, the notice shall be given to a member of the extended family of the parent(s), guardian or custodian. [Res. 180599G (05/18/99); prior code § 7.05.330]

7.20.160 Selection of juvenile facility.

If the Presenting Officer or juvenile official at the juvenile facility (as designated by the Court) determines that there is a need for continued custody of the child in accordance with PTC 7.20.140, the following criteria shall be used to determine the appropriate juvenile facility for the child:

(a) A child may be detained in a secure juvenile detention facility as designated by the Court if one or more of the following conditions are met:

(1) The child is a fugitive from another jurisdiction wanted for a felony offense.

(2) The child is charged with murder, sexual assault, or a crime of violence with a deadly weapon or which has resulted in serious bodily injury.

(3) The child is uncontrollable and has committed or has attempted to commit a serious physical assault on the arresting Officer or on other security personnel in the course of the arrest or detention.

(4) The child is charged with committing one of the following offenses: vehicular homicide, kidnapping, battery, rape, arson, burglary or robbery.

(5) The child is already detained or on conditional release for another “juvenile offense.”

(6) The child has a demonstrable recent record of failures to appear as Court-ordered in Children’s Court proceedings.

(7) The child has a demonstrable record of escaping or attempting to escape.

(8) The child requests, in writing, that he or she be given protection by being confined in a secure confinement area and there is a present and probable threat of serious physical injury to the child.

(b) A child may be housed in a juvenile shelter care facility as designated by the Court, if one of the following conditions exist:

(1) One of the conditions of subsection (a) of this section exists.

(2) The child is unwilling to return home or to the home of an extended family member.

(3) The child’s parent(s), guardian, custodian or extended family member is unavailable, unwilling or unable to permit the child to return to his or her home.

(4) There is an evident and immediate physical danger to the child in returning home and all extended family members are unavailable, unwilling or unable to accept responsibility for temporary care and custody of the child.

(c) The child may be referred to an alcohol or substance abuse emergency shelter or half-way house if it is determined that there is a need for continued custody of the child in accordance with PTC 7.20.140, and:

(1) The child has been arrested or detained for a “juvenile offense” related to alcohol or substance abuse; and

(2) There is space available in an alcohol or substance abuse emergency shelter or half-way house designated by the Court; and

(3) The child is not deemed to be a danger to himself or herself or others. [Res. 180599G (05/18/99); prior code § 7.05.335]

Subchapter 4. Juvenile Offender Procedures

7.20.170 Detention hearing.

(a) Requirement. When a child who has been taken into custody is not released, a detention hearing shall be convened within 72 hours or three regularly scheduled Court days, whichever is later, of the child’s initial detention pursuant to this chapter.

(b) Purpose. The purpose of the detention hearing is to determine:

(1) Whether probable cause exists to believe the child committed the alleged “juvenile offense”; and

(2) Whether continued detention is necessary pending further proceedings.

(c) Notice. Notice of the detention hearing shall be given by personal service to the child and the child’s parent(s), guardian or custodian and the child’s advocate or counsel, as soon as the time for the detention hearing has been set. The notice shall contain:

(1) Name of the Court;

(2) Title of the proceedings;

(3) A brief statement of the “juvenile offense” the child is alleged to have committed; and

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

(d) Procedure. Detention hearings shall be conducted by the Children’s Court separate from other proceedings. At the commencement of the detention hearing, the Court shall notify the child and child’s parent(s), guardian or custodian of their rights under PTC 7.20.080(d). The general public shall be excluded from the proceedings. Only the parties and their counsel shall be admitted. Witnesses and other persons requested by the parties may be admitted upon approval of the Court.

(e) Standards. The Court shall consider the evidence at the detention hearing as it pertains to the detention criteria set forth in PTC 7.20.140.

(f) Finding at Detention Hearing. The Court shall issue written findings stating the reasons for release or continued detention of the child. If the Court determines that there is a need for continued detention, the Court shall specify where the child is to be placed until the adjudicatory hearing.

(g) Rehearing. If the child is not released at the initial detention hearing, and a parent, guardian or 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 a declaration stating the relevant facts. [Res. 180599G (05/18/99); prior code § 7.05.405]

7.20.180 Initiation of proceedings.

(a) Investigation. The Juvenile Probation Officer or Presenting Officer shall investigate within 72 hours of the juvenile being detained or subsequent release of the juvenile, to determine whether the interests of the juvenile and the Tribe require that further action be taken.

(b) Recommendations. Upon completion of the investigation, the Presenting Officer may:

(1) Recommend that no further action be taken;

(2) Suggest to the child and the child’s parent(s), guardian or custodian that they appear for an informal diversion conference pursuant to PTC 7.20.190;

(3) Request the Court to hold transfer proceedings to adult Tribal Court pursuant to PTC 7.20.210; or

(4) File a petition pursuant to PTC 7.20.220. If the child is in custody, the petition shall be filed within 72 hours or three regularly scheduled Court days, whichever is later. If the child has been previously released to his or her parent(s), guardian or custodian, the petition shall be filed within 10 days. [Res. 180599G (05/18/99); prior code § 7.05.410]

7.20.190 Informal diversion conference.

(a) During the course of the preliminary investigation to determine what further action should be taken, the Juvenile Probation Officer or Presenting Officer shall attempt to confer with the child and the child’s parent(s), guardian or custodian for the purpose of drafting an informal diversion plan or other such agreement that would make the filing of the petition unnecessary.

(b) The Juvenile Probation Officer or Presenting Officer shall consider the following factors in determining whether to proceed informally or to file a formal petition:

(1) Nature and seriousness of the offense;

(2) Previous number of contacts with Police, Juvenile Probation Officer or the Court;

(3) Age and maturity of the child;

(4) Attitude of the child regarding the offense;

(5) Willingness of the child to participate in a voluntary program; and

(6) Participation and input of the child’s parent(s), guardian or custodian.

(1) After conducting the preliminary investigation, the Probation Officer or Presenting Officer shall attempt to hold an informal conference with the child and child’s parent(s), guardian or custodian to discuss an alternative course of action in the particular case.

(2) The Probation Officer or Presenting Officer shall inform the child, and the child’s parent(s), guardian or custodian, of their basic rights under PTC 7.20.080. Statements made by the child at the informal conference shall not be used against the child in determining the truth of the allegations in the petition.

(3) At the informal conference upon the basis of information obtained during the preliminary investigations, the Presenting Officer may enter into a written agreement with the child and the child’s parent(s), guardian or custodian, specifying particular conditions to be observed during the informal diversion period, not to exceed six months. The child and the child’s parent(s), guardian or custodian shall enter into the agreement with the knowledge that consent is voluntary and that they may terminate the diversion process at any time and petition the Court for a hearing on the case.

(4) The child is permitted to be represented by counsel at the informal conference.

(5) If the child does not desire to participate voluntarily in a diversion program, the Presenting Officer shall file a petition pursuant to PTC 7.20.220.

(6) Upon successful completion of the informal diversion agreement, the case shall be closed with no further action taken in the case.

(7) If the child fails to complete the terms of his informal diversion agreement, the Presenting Officer may file a petition in the case pursuant to PTC 7.20.220. [Res. 180599G (05/18/99); prior code § 7.05.415]

7.20.200 Consent decree.

(a) The consent decree is the written agreement reached at an informal diversion conference. It shall contain the agreements, conditions and disposition agreed upon by all the parties.

(b) At any time after a petition has been filed, the Court may, on motion of the Presenting Officer or of counsel for the child, suspend the proceedings and continue the child under supervision in his or her own home under terms and conditions negotiated with the Presenting Officer and agreed to by all parties affected thereby reaching an informal diversion program.

(c) Objections. If the juvenile objects to the consent decree, the Court shall proceed to formal findings, adjudication and disposition of the case. If the juvenile does not object, but an objection is made by the Presenting Officer, the Court shall, after considering the objections and reasons given, proceed to determine whether it is appropriate to enter a consent decree and may, at its own discretion, enter the consent decree.

(d) Duration. A consent decree shall remain in force for six months unless the child is discharged sooner by the Court, after consulting with the Presenting Officer. Prior to the expiration of the six-month period, and upon the application of the Presenting Officer or any other agency supervising the juvenile under the consent decree, the Court may extend the decree for an additional six months in the absence of objection to extension by the juvenile. If the juvenile objects, the Court shall hold a hearing and make a determination on the issue of extension.

(e) Failure to Fulfill Terms and Condition. If, either prior to discharge by the Court or expiration of the consent decree, the child fails to fulfill the terms of the decree, the Presenting Officer may file a motion to revoke the consent decree. Proceedings on the motion shall be conducted according to PTC 7.20.240 and 7.20.250. If the child is found to have violated the terms of the consent decree, the Court may:

(1) Extend the period of the decree; and/or

(2) Make any other disposition which would have been appropriate in an adjudication proceeding.

(f) New Offense Complaint. If, either prior to discharge or expiration of the consent decree, a new juvenile offender complaint is filed against the juvenile and the Presenting Officer has conducted a preliminary investigation and has authorized the filing of a petition upon a finding that informal diversion is not in the best interest of the child and public, the Presenting Officer may:

(1) File a motion to revoke the consent decree; and/or

(2) File a petition on the basis of the new complaint which has been filed against the juvenile.

(g) Dismissal of Petition. A child who is discharged by the Court or who completes a period of Court supervision without reinstatement of the original “juvenile offense” petition shall not be proceeded against in any court for the same offense alleged in the petition or an offense based on 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 this conduct. [Res. 180599G (05/18/99); prior code § 7.05.420]

7.20.210 Transfer to adult Tribal Court.

(a) Transfer Petition. Upon completion of the preliminary investigation, the Probation Officer or Presenting Officer may file a petition requesting the Children’s Court to transfer the child to the jurisdiction of the Tribal Court if the child is 16 years of age or older and is alleged to have committed an act which would be considered a serious crime if committed by an adult.

(b) Transfer Hearing. The Children’s Court shall conduct a hearing to determine whether jurisdiction of the child should be transferred to Tribal Court. The transfer hearing shall be held within 14 days of receipt of the Transfer Petition by the Court. Written notice of the time, place and purpose of hearing shall be given to the child and the child’s parent(s), guardian or custodian, at least five days before the hearing. At the commencement of the hearing, the Court shall notify the child and the child’s parent(s), guardian or custodian of their rights under PTC 7.20.080(d).

(c) Deciding Factors in Transfer Hearing. The following factors shall be considered when determining whether to transfer jurisdiction of the child to Tribal Court:

(1) The nature and seriousness of the offense with which the child is charged;

(2) The nature and condition of the child, as evidenced by his or her age, mental and physical condition;

(3) The past record of offenses.

(d) Standard of Proof. The Children’s Court may transfer jurisdiction of the child to Tribal Court only if the Court finds clear and convincing evidence that both of the following circumstances exist:

(1) There is no reasonable prospect for rehabilitating the child through the resources available to the Children’s Court; and

(2) The offenses alleged committed by the child evidence a pattern of conduct which constitutes a substantial danger to the public. [Res. 180599G (05/18/99); prior code § 7.05.425]

7.20.220 Filing and contents of a petition.

Formal juvenile offender proceedings shall be instituted by a petition filed by the Presenting Officer on behalf of the Tribe and in the interests of the child. The petition shall be titled “In the Matter of (name of child), a juvenile” and shall set forth with specificity:

(a) The name, birth date, residence and tribal affiliation of the child;

(b) The names and residences of the child’s parent(s), guardian or custodian;

(d) A citation of the criminal statute or other law, code or ordinance which the child is alleged to have violated;

(e) A plain and concise statement of the facts upon which the allegations are based, including the date, time and location at which the alleged acts occurred; and

(f) Whether the child is in custody and if so, the place of detention and time he or she was taken into custody. [Res. 180599G (05/18/99); prior code § 7.05.430]

7.20.230 Summons.

(a) Issuance of Summons. After a “juvenile offender” petition has been filed, the Court shall direct the issuance of summons to:

(1) The child;

(2) The child’s parent(s), guardian or custodian;

(3) The child’s counsel;

(4) Appropriate medical and/or alcohol rehabilitation experts; and

(5) To any other person the Court deems necessary for the proceedings.

(b) Contents of Summons. The summons shall contain the name of the Court, the title of the proceedings, and the date, time and place of the initial hearing. The summons shall also advise the parties of their applicable rights under PTC 7.20.080(d). A copy of the petition shall be attached to the summons.

(c) Service of Summons. The summons shall be served upon the parties at least five days prior to the hearing. The summons shall be delivered personally by a Law Enforcement Officer or an appointee of the Court. If the summons cannot be delivered personally, the Court may deliver it by registered mail, return receipt requested. A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing. [Res. 180599G (05/18/99); prior code § 7.05.435]

7.20.240 Initial hearing.

An initial hearing shall be held as follows:

(a) If the child is in a detention or shelter care facility, the date set for the hearing shall be no later than 10 days from the filing of the petition.

(b) If the child is not detained, the date shall be set no later than 30 days from the filing of the petition.

(c) The Court shall conduct the initial hearing for the purpose of (1) advising the parties of their rights as outlined in PTC 7.20.080(d), (2) to determine whether the allegations contained in the petition are admitted or denied, (3) to set the case for adjudication or disposition, and (4) to determine whether the juvenile shall be detained pending adjudication or disposition.

(d) Notice. Notice of the initial hearing shall be given to the child, child’s parent(s), guardian or custodian, the child’s counsel and any other person the Court deems necessary for the hearing at least five days prior to the hearing in accordance with PTC 7.20.230. [Res. 180599G (05/18/99); prior code § 7.05.440]

7.20.250 Adjudication proceedings.

(a) Purpose. The Court shall conduct the adjudicatory hearing for the sole purpose of hearing evidence and determining whether the child has committed a juvenile offense.

(b) Time Limitations.

(1) If the child remains in custody, either in detention or a shelter care facility, the adjudicatory hearing shall be held within 14 days of the initial hearing.

(2) If the child is released from custody or was not taken into custody, the adjudicatory hearing shall be held within 30 days of the initial hearing.

(c) Notice. Notice of the adjudicatory hearing shall be given to the child, the child’s parent(s), guardian or custodian, the child’s counsel and any other person the Court deems necessary for the hearing at least five days prior to the hearing in accordance with PTC 7.20.230.

(d) Admission of Allegations. If, at the adjudicatory hearing, the child changes denial to an admission of the allegation of the petition, the Court shall consider a disposition of the matter pursuant to PTC 7.20.270, after a finding that:

(1) The child fully understands his rights under PTC 7.20.080 and fully understands the consequences of his or her admission;

(2) The child voluntarily, intelligently and knowingly admits all the facts necessary to constitute a Children’s Court action; and

(3) The child has not, in his or her statements on the allegations, set forth facts which, if found to be true, would be a defense to the allegations.

(e) Findings.

(1) After admission, if the Court finds that the child has validly admitted the allegations contained in the petition, the Court shall make and record its finding and schedule a disposition hearing in accordance with PTC 7.20.270. Additionally, the Court shall specify in writing whether an out-of-home placement for the child is to be continued, pending the disposition.

(2) After a hearing, if the Court finds on the basis of proof beyond a reasonable doubt that the child committed the offense, it shall make and record its findings and schedule a disposition hearing pursuant to PTC 7.20.270, making appropriate orders regarding custody of the child.

(3) If the Court finds at the adjudication that the child did not commit a juvenile offense, the child shall be released, if in custody, and the proceedings shall be terminated. [Res. 180599G (05/18/99); prior code § 7.05.445]

7.20.260 Predisposition studies.

(a) Study and Report. The Court shall direct the Juvenile Probation Officer to prepare a written predisposition study and report for the Court concerning the child, the child’s family, environment and any other matter relevant to the need for treatment or other appropriate disposition of the case when:

(1) The child has been adjudicated as a juvenile offender; and/or

(2) A notice of intent to admit or admission of the allegations of the petition has been filed.

(b) Content. The report shall contain a specific plan for the child, aimed at resolving the problems presented in the petition. The report shall contain a detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the child under the proposed plan. Preference shall be given to the dispositional alternatives which are least restrictive of the child’s freedom and are consistent with the interests of the community.

(c) Submission. The predisposition report shall be submitted to the Court no later than three days prior to the scheduled hearing date. [Res. 180599G (05/18/99); prior code § 7.05.450]

7.20.270 Disposition proceedings.

(a) Purpose and Conduct. The Court shall conduct the disposition hearing to determine how to resolve a case after a juvenile has been adjudicated to be a “juvenile offender.” The Court shall make and record its dispositional order in accordance with subsection (d) of this section. At the disposition hearing, the child and the child’s parent(s), guardian or custodian shall have the applicable rights listed in PTC 7.20.080(d).

(b) Time Limitations. If the child remains in custody, the disposition hearing shall be held within 14 days of the adjudicatory hearing resulting in a finding. If the child is released from custody or was not taken into custody, then the disposition hearing shall be held within 30 days of an adjudication finding.

(c) Notice. Notice of the disposition hearing shall be given in the same manner as the summons in PTC 7.20.230, at least five days prior to hearing.

(d) Disposition Alternatives. If a child 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 child’s supervision, care and rehabilitation:

(1) Permit the child to remain with his or her parent(s), guardian or custodian subject to such conditions and limitations as the Court may prescribe.

(2) Place the child in the legal custody of a relative or other suitable person, subject to such conditions and limitations as the Court may prescribe.

(3) Order the child to pay restitution.

(4) Order the child under protective supervision under such conditions and limitations as the Court may prescribe.

(5) Place the child on probation under such conditions and limitations as the Court may prescribe.

(6) Place the child in a juvenile facility designated by the Court, including alcohol or substance abuse emergency shelter or half-way house, emergency foster care, foster home, group home, shelter home or a secure juvenile detention facility. [Res. 180599G (05/18/99); prior code § 7.05.455]

7.20.280 Medical assessment/treatment.

(a) The Children’s Court may order a medical assessment of a child arrested or detained for a “juvenile offense” relating to or involving alcohol or substance abuse to determine the mental or physical state of the child so that appropriate steps can be taken to protect the child’s health and well-being.

(b) Where there are indications that the child may be emotionally disturbed or developmentally disabled, the Court, on motion from the Presenting Officer or the child’s counsel, may order the child to be tested by a qualified psychiatrist, psychologist, or licensed psychometrician prior to a hearing on the merits of a petition. An examination made prior to the hearing or as part of the predisposition 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.

(c) The Court may order an examination of a child adjudicated as a “juvenile offender” by a physician, psychiatrist or psychologist. The Court may also, following the adjudicatory hearing, order the examination by a physician, psychiatrist or psychologist of a parent or custodian who gives his or her consent and whose ability to care for or supervise a child is an issue before the Court at the disposition hearing.

(d) The Court may order that a child adjudicated as a “juvenile offender” be transferred to an appropriate facility for a period of not more than 60 days for the purpose of diagnosis with direction that the Court be given a written report at the end of the period indicating the disposition which appears most suitable.

(e) Evaluation, 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 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 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. [Res. 180599G (05/18/99); prior code § 7.05.460]

7.20.290 Review, modification, revocation, extension or termination of dispositional orders.

(a) Mandatory Review. Dispositional orders are to be reviewed at the Court’s discretion at least once every six months.

(b) Modification, Revocation or Extension. The Court may hold a hearing to modify, revoke or extend a disposition order at any time upon the motion of:

(1) The child;

(2) The child’s parent(s), guardian or custodian;

(3) The child’s counsel;

(4) The Probation Officer/Presenting Officer;

(5) The institution or agency vested with legal custody of the child or responsibility for protective supervision; or

(6) The Court of its own motion.

(d) Automatic Termination. When a juvenile reaches 18 years of age, all disposition orders shall automatically terminate, unless the original disposition order was made within one year of the juvenile’s eighteenth birthday or after the child had reached 18 years of age, in which case the disposition order may not continue for more than one year. The records concerning the child shall not be destroyed except pursuant to order of the Court upon motion of the juvenile. [Res. 180599G (05/18/99); prior code § 7.05.465]

Subchapter 5. Child in Need of Services Procedures

7.20.300 Interim care/custody.

(a) Limitations on Custody. No child who is subject to “child in need of services” proceedings shall be taken into custody unless such taking into custody is in accordance with this section.

(b) Interim Care without Court Order. A child may be taken into interim care by Law Enforcement Officers without order of the Court only when:

(1) The Officer has reasonable grounds to believe that the child is in circumstances which constitute a substantial danger to the child’s physical safety; or

(2) An agency legally charged with the supervision of the child has notified a law enforcement agency that the child has run away from placement ordered by the Court.

(c) Procedure. A law enforcement official taking a child into custody under subsection (b) of this section shall immediately:

(1) Inform the child of the reasons for the custody;

(2) Contact the Probation Officer or Presenting Officer who shall designate placement of the child in an appropriate juvenile shelter care facility as designated by the Court;

(3) Take the child to the placement specified by the Probation Officer or Presenting Officer, or in the event of the unavailability of the Probation Officer or Presenting Officer to a juvenile shelter care facility as designated by the Court;

(4) Inform the child’s family in accordance with subsection (d) of this section.

(d) Notification of Family. The Law Enforcement or the Juvenile Probation Officer or Presenting Officer shall immediately notify the child’s parent(s), guardian or custodian of the child’s whereabouts, the reasons for taking the child into custody and the name and telephone number of the Juvenile Presenting Officer, who has been contacted. Efforts to notify the child’s parent(s), guardian or custodian shall include telephone and personal contacts at the home or place of employment or other locations where the person is known to frequent with regularity. If notification cannot be provided to the child’s parent(s), guardian or custodian, the notice shall be given to a member of the extended family of the parent(s), guardian or custodian.

(e) Time Limit. Under no circumstances shall any child taken into interim care under this section be held involuntarily for more than 72 hours, or until the next regular scheduled Court day.

(f) Restrictions on Placement. A child taken into interim care shall not be placed in a jail or other facility intended or used for the incarceration of adults charged or convicted of criminal offenses. If a child taken into interim care is placed in a facility used for detention of “juvenile offenders” or alleged “juvenile offenders,” he or she must be detained in a room separate from the “juvenile offenders” or alleged “juvenile offenders.”

(g) Restrictions on Transportation. A child taken into interim care shall not be placed or transported in any Police or other vehicle which at the same time contains an adult under arrest, unless this section cannot be complied with due to circumstances in which any delay in transporting the child to an appropriate juvenile shelter facility would be likely to result in substantial danger to the child’s physical safety. Said circumstances shall be described in writing to the supervisor of the driver of the vehicle within 48 hours after any transportation of a child with an adult under arrest. [Res. 180599G (05/18/99); prior code § 7.05.505]

7.20.310 Voluntary services.

The Juvenile Probation Officer or Presenting Officer shall offer and encourage the child and the child’s family, guardian or custodian to accept voluntary social services. [Res. 180599G (05/18/99); prior code § 7.05.510]

7.20.320 Voluntary return home.

If a child has been taken into interim care under the provisions of this chapter and the child’s parent(s), guardian or custodian agree to the child’s return home, the child shall be returned home as soon as practicable, or as arranged by the child’s parent(s), guardian or custodian and the Probation Officer or Presenting Officer. [Res. 180599G (05/18/99); prior code § 7.05.515]

7.20.330 Shelter needs assessment.

If the child refuses to return home or if no other living arrangements agreeable to the child and to the child’s parent(s), guardian or custodian can be made, the Probation Officer or Presenting Officer shall offer the child shelter in an appropriate juvenile shelter care facility as designated by the Court which is located as close as possible to the residence of the child’s parent(s), guardian or custodian. The Probation Officer or Presenting Officer also shall refer the child and his or her family to an appropriate social services agency for a family services needs assessment. [Res. 180599G (05/18/99); prior code § 7.05.520]

7.20.340 Initial proceedings.

(a) Investigation. The Probation Officer or Presenting Officer shall conduct an investigation within 72 hours of the child being referred for interim care and/or upon information from law enforcement, social services, other agencies, or parent(s), guardian or custodian that the child has allegedly committed an offense and is a “child in need of services” to determine whether the interests of the juvenile, the family and/or the Tribe require that further action be taken.

(b) Recommendation. Upon completion of the investigation, the Presenting Officer may:

(1) Recommend no further action be taken;

(2) Suggest to the child and child’s parent(s), guardian or custodian that they seek voluntary services from a social service agency;

(3) Recommend that the child and the child’s parent(s), guardian or custodian participate in an informal diversion conference pursuant to PTC 7.20.190 and/or enter into a consent decree under PTC 7.20.200; or

(4) File a petition under PTC 7.20.220. If the child is in an interim care facility, the petition shall be filed within 72 hours or three regularly scheduled Court days, whichever is later. If the child is not in “custody” or has been released, the petition shall be filed within 10 days. [Res. 180599G (05/18/99); prior code § 7.05.525]

7.20.350 Filing and contents of petition.

(a) Formal “child in need of services” proceedings shall be instituted by a petition filed by the Juvenile Probation Officer or Presenting Officer on behalf of the Tribe and in the interests of the child and the child’s family. The petition shall be entitled “In the Matter of (name of child), a child” and shall set forth with specificity:

(1) The name, birth date, residence and tribal affiliation of the child;

(2) The names and residences of the child’s parent(s), guardian or custodian;

(3) A citation of the specific sections of this chapter which give the Court jurisdiction over the proceedings; and

(4) A plain and concise statement of the facts upon which the allegations are based, including the date, time and location at which the alleged acts occurred, including a citation of this chapter which defines the actions as those of a “child in need of services.”

(b) Issuance of Summons. After a “child in need of services” petition has been filed, the Court shall direct the issuance of a summons in the manner enumerated in PTC 7.20.230. [Res. 180599G (05/18/99); prior code § 7.05.530]

7.20.360 Initial hearing.

An initial hearing shall be held in each “child in need of services” proceeding as follows:

(a) If the child is in an interim care facility, the initial hearing shall be held no later than 10 days from the filing of the petition.

(b) If the child is not in an interim care facility, the initial hearing shall be held no later than 30 days from the filing of the petition.

(c) The Court shall conduct the initial hearing for the purpose of (1) advising the parties of their rights as outlined in PTC 7.20.080(d), (2) to determine whether the allegation(s) contained in the petition is admitted or denied, (3) to set the cause for adjudication or disposition, and (4) to determine if the child shall be retained in interim care pending adjudication or disposition.

7.20.370 Adjudication proceedings.

(a) Purpose. The Court shall conduct the adjudication hearing for the sole purpose of hearing evidence and determining if the child is a “child in need of services.”

(b) Time Limits.

(1) If the child remains in interim care, the adjudication hearing shall be held within 14 days of the initial hearing.

(2) If the child is not in interim care custody, the adjudication hearing shall be held within 30 days of the initial hearing.

(c) Notice. Notice of the adjudication hearing shall be given to the child, child’s parent(s), guardian or custodian, the child’s counsel and any other person the Court deems necessary for the hearing at least five days prior to the hearing in accordance with PTC 7.20.230.

(d) Admission of Allegations. If, at the adjudication hearing, the child changes his or her denial to an admission of the allegations of the petition, the Court shall consider a disposition of the matter pursuant to PTC 7.20.270 only after a finding that:

(1) The child fully understands his or her rights under PTC 7.20.080 and fully understands the consequences of his or her admission;

(2) The child voluntarily, intelligently and knowingly admits all the facts necessary to constitute a basis for the action; and

(3) The child has not, in his or her statements on the allegations, set forth facts which if found to be true would be a defense to the allegations.

(e) “Child in Need of Services” Finding.

(1) After an admission, if the Court finds the child has validly admitted the allegations contained in the petition, the Court shall make and record its finding and schedule a disposition hearing pursuant to PTC 7.20.270. Additionally, the Court shall specify in writing whether the child is to be continued in interim care placement pending a disposition.

(2) After a full 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 findings and schedule a disposition hearing pursuant to PTC 7.20.270. Additionally, the Court shall specify in writing whether the child is to remain in interim care pending disposition.

(3) If the Court finds that the allegations contained in the “child in need of services” petition have not been established beyond a reasonable doubt, it shall dismiss the petition and order the child released from any interim care custody imposed in connection with the proceeding. [Res. 180599G (05/18/99); prior code § 7.05.540]

7.20.380 Predisposition study/report.

(a) Study and Report. The Court shall direct the Juvenile Probation Officer to prepare a written report pursuant to PTC 7.20.260 when:

(1) The child has been adjudicated a “child in need of services”; or

(2) The child has admitted or given notice of an intent to admit the allegations of the petition. [Res. 180599G (05/18/99); prior code § 7.05.545]

7.20.390 Disposition proceedings.

“Child in need of services” disposition shall be conducted pursuant to PTC 7.20.270. [Res. 180599G (05/18/99); prior code § 7.05.550]

7.20.400 Disposition alternatives.

If the child is adjudicated by the Court to be a “child in need of services,” the Court may make and record any of the following orders of disposition for the child’s supervision and care and give due weight to the need to preserve the family unit whenever possible:

(a) Permit the child to remain in the custody of his or her parent(s), guardian or custodian subject to such conditions and limitations as the Court may prescribe.

(b) Place the child in the legal custody of a relative or other suitable person, subject to such conditions and limitations as the Court may prescribe.

(c) Place the child under protective supervision by a social service agency under such conditions and limitations as the Court may prescribe.

(d) Place the child on probation under such conditions and limitations as the Court may prescribe.

(e) Place the child in a juvenile facility designated by the Court, including alcohol or substance abuse emergency shelter or half-way house, emergency foster care, foster home, group home or shelter home.

(f) Referral of the child and his parent(s), guardian or custodian to an appropriate social services agency for participation in counseling or other treatment program as ordered by the Court. [Res. 180599G (05/18/99); prior code § 7.05.555]

7.20.410 Restrictions on placement.

A child shall not be confined in an institution established for the care and rehabilitation of “juvenile offenders” unless the child as a “child in need of services” is also adjudicated to be a “juvenile offender.” Under no circumstances shall a child adjudged to be a “child in need of services” be committed or transferred to a penal institution or other facility used for the execution of sentences of persons convicted of crimes. [Res. 180599G (05/18/99); prior code § 7.05.560]

7.20.420 Medical assessment/treatment.

The Court may order medical assessment and/or treatment pursuant to PTC 7.20.280. [Res. 180599G (05/18/99); prior code § 7.05.565]

7.20.430 Modification, revocation or extension.

The Court may hold a hearing to modify, revoke or extend a disposition order at any time pursuant to PTC 7.20.290. [Res. 180599G (05/18/99); prior code § 7.05.570]

7.20.440 Termination.

Any disposition of a “child in need of services” shall remain in force for a period not to exceed six months. The disposition order concerning such a child shall be automatically terminated when the child reaches his or her eighteenth birthday or is legally emancipated by the Court. [Res. 180599G (05/18/99); prior code § 7.05.575]

Subchapter 6. Confidential Records

7.20.450 Children’s Court records.

A record of all hearings under this chapter shall be made and preserved. All Children’s Court records shall be confidential and shall not be open to inspection to any but the following:

(a) The child;

(b) The child’s parent(s), guardian or custodian;

(d) The child’s counsel or guardian ad litem;

(e) The Children’s Court personnel directly involved in the handling of the case;

(f) Any other person by order of the Court, having legitimate interest in the particular case or the work of the Court. [Res. 180599G (05/18/99); prior code § 7.05.600]

7.20.460 Law Enforcement and social services records.

Law Enforcement records and files concerning a child shall be kept separate from the records and files of adults. All Law Enforcement and social services records shall be confidential and shall not be open to inspection to any but the following:

(a) The child;

(b) The child’s parent(s), guardian or custodian;

(d) Law Enforcement and social services personnel directly involved in the handling of the case;

(e) The Children’s Court personnel directly involved in the handling of the case;

(f) Any other person by order of the Court, having legitimate interest in the particular case or the work of the Court. [Res. 180599G (05/18/99); prior code § 7.05.610]