Statutes | The Confederated Salish and Kootenai Tribal Law Code Title III Chapter 3 Part 1 ยง 3-3-102 | 2019

The following definitions shall apply to this Code. Where his or her is used in this Code it is meant to include both genders.

 

(1) &ldquoAdjudicatory Hearing&rdquo means a proceeding in the Youth Court to determine whether a youth has committed a specific &ldquoyouth offense&rdquo or is a &ldquoyouth in need of supervision&rdquo as set forth in a petition.

 

(2) &ldquoAdult&rdquo means an individual who is 18 years of age or older. 

 

(3) &ldquoAdvocate&rdquo means an attorney or advocate.

 

(4) &ldquoAlcohol or Substance Abuse Emergency Shelter or Halfway House&rdquo means an appropriately licensed and supervised emergency shelter or halfway house for the care and treatment of youth with regard to alcohol and/or substance abuse problems.

 

(5) &ldquoConsent Decree&rdquo: At any time after the filing of a &ldquoyouth offender&rdquo petition, and before the entry of a judgment, the Youth Court may, on motion of the youth presenter or that of counsel for the youth, suspend the proceedings and continue the youth under supervision under terms and conditions negotiated with the youth probation officer and agreed to by all parties affected. The Youth Court&rsquos order continuing the youth under supervision under this section shall be known as a &ldquoconsent decree&rdquo.

 

(6) &ldquoContact&rdquo: means any physical or sustained sight or sound contact between juvenile offenders in a secure custody status and incarcerated adults, including inmate trustees.

 

(7) &ldquoCounsel&rdquo: An attorney or advocate.

 

(8) &ldquoCourt&rdquo or &ldquoYouth court&rdquo: See definition of Youth Court I and II.

 

(9) &ldquoCustodian&rdquo: A person, other than a parent or guardian, to whom legal custody of the youth has been given.

 

(10) &ldquoDeferred agreement&rdquo means an agreement which suspends a &ldquojuvenile offender&rdquo or &ldquoyouth in need of supervision&rdquo proceeding prior to filing a petition and continues the youth under supervision or probation under terms and conditions negotiated with the juvenile officer and agreed to by all parties.

 

(11) &ldquoDelinquent Youth&rdquo means a youth who:

(a) Has committed an offense which, if committed by an adult, would constitute a criminal offense

(b) Having been placed on formal court probation as a delinquent youth or a youth in need of supervision, violates any conditions of his probation.

 

(12) &ldquoDetention&rdquo means exercising authority over a youth by physically placing them in any secure youth facility designated by the Youth Court where their movement is restricted.

 

(13) &ldquoDispositional Hearing&rdquo means a proceeding in the Youth Court to determine how to resolve a case after the youth has been adjudicated a youth offender.

 

(14) &ldquoDomicile&rdquo means a persons permanent home, legal home or main residence. The domicile of a youth is generally that of the custodial parent or where the parent or guardian consider to be their permanent home. Domicile for purposes of jurisdiction is established at the time of the alleged acts.

 

(15) &ldquoFoster home&rdquo means placement with a family whose home has been licensed by Tribal Social Services to accept placement of youth.

 

(16) &ldquoGroup home&rdquo means a residential facility which is licensed to care for youth.

 

(17) &ldquoGuardian&rdquo means a person, other than a parent, having the duty and authority to provide care, shelter, and control of a youth.

 

(18) &ldquoGuardian Ad Litem&rdquo means a person appointed at the discretion of the Youth Court or upon the recommendation of Juvenile Probation to represent and protect the legal rights and interests of a youth in a Youth Court proceeding when the youth has no parent or guardian appearing on his behalf or their interests conflict with those of the youth. 

 

(19) &ldquoIndian Youth&rdquo and &ldquoYouth&rdquo refers to a youth who is an enrolled or enrollable member of the Confederated Salish and Kootenai Tribes is an enrolled or enrollable member of a federally recognized tribe residing on the Flathead Reservation

 

(20) &ldquoJudge&rdquo when used without further qualifications, means the Judge of the Tribal Youth Court.

 

(21) &ldquoJuvenile officer&rdquo means the youth probation officer.

 

(22) &ldquoLegal Custody&rdquo means the legal status created by order of a court of competent jurisdiction that gives a person the duty to:

(a) Have physical custody of the youth and

(b) Determine with whom the youth shall live and for what period and

(c) Protect, train, and discipline the youth and

(d) Provide the youth with food, shelter, education, and ordinary medical care.

(e) An individual granted legal custody of a youth shall personally exercise his rights and duties as parents or guardian unless otherwise authorized by the Court entering the order.

 

(23) &ldquoParent&rdquo includes a natural or adoptive parent.

 

(24) &ldquoProbation&rdquo means a legal status created by court order or under this code whereby an offender is under prescribed conditions and under the supervision of a person designated by the court. An offender on probation is subject to return to court for further proceedings in the event of his failure to comply with any of the prescribed conditions of probation.

 

(25) &ldquoProtective supervision&rdquo means a legal status created by court order under which an offender is permitted to remain in his home or is placed with a relative or other suitable individual, where supervision and assistance is provided by the court. (A health or social services agency or some other agency designated by the court).

 

(26) &ldquoRestitution&rdquo means monetary payment to the victim or services provided to the victim or the general community, made pursuant to an informal adjustment, consent decree, deferred agreement, or other Youth Court order.

 

(27) &ldquoSecure Youth Detention Facility&rdquo means a facility which:

(a) Contains locked cells or rooms

(b) Restricts the movement of those placed in the locked cells or rooms and

(c) Complies with the other requirements of the Juvenile Justice and Delinquency Prevention Act. 42 U.S.C. 5601 et. seq.

 

(28) &ldquoSerious crime&rdquo means a crime committed by a youth, which if committed by an adult would be a Class D and/or Class E offense and is an offense against a person, an offense against property or an offense involving dangerous drugs.

 

(29) &ldquoStatus Offense&rdquo means an offense committed by a youth which if committed by an adult would not constitute a criminal offense. Status Offenses include but are not limited to the following: 

(a) Violating any applicable law regarding use of alcoholic beverages or tobacco by minors, except that traditional cultural use of tobacco shall not be a youth offense

(b) Disobeying the reasonable and lawful demands of his or her parents, or guardian or is ungovernable and beyond their control

(c) While subject to compulsory school attendance, being truant from school

(d) Being a runaway or

(e) Violating curfew.

 

(30) &ldquoTransfer of Jurisdiction&rdquo means transferring a youth from the jurisdiction of the Tribal Youth Court according to chapter 1 3 of this code which results in the termination of the initial court&rsquos jurisdiction over that offense.

 

(31) &ldquoTribal Council&rdquo means the Tribal council of the Confederated Salish and Kootenai Tribes.

 

(32) &ldquoTribal Court&rdquo means the adult court for the Confederated Salish and Kootenai Tribes.

 

(33) &ldquoTribal Social Services&rdquo means the social services department of the Confederated Salish and Kootenai Tribes.

 

(34) &ldquoYouth&rdquo see &ldquoIndian Youth&rdquo definition.

 

(35) &ldquoYouth Court I&rdquo means the Court established by the CSKT to hear status offenses and Class A offenses other than traffic offenses.

 

(36) &ldquoYouth Court II&rdquo means the Court established by the CSKT to hear all other proceedings in which a petition has been filed alleging that a youth is a delinquent youth or a youth in need of supervision, including status offenses and Class A offenses arising out of the same transaction as Class B, C, D or E offenses, and including status offenses committed by youths adjudicated or charged in Youth Court II.

 

(37) &ldquoYouth facility&rdquo means any youth facility (other than school) that cares for youth or may restrict their movement, including secure youth detention facilities, alcohol or substance abuse emergency shelter or halfway houses, foster homes, group homes, and shelter homes.

 

(38) &ldquoYouth in need of Care&rdquo means a youth who is dependent, abused or neglected. 

 

(39) &ldquoYouth in need of Supervision&rdquo means a youth who commits an offense prohibited by law which if committed by

an adult, would not constitute a criminal offense, including but not limited to a youth who:

(a) Violates any Tribal, Montana municipal, State, or federal law regarding use of alcoholic beverages or tobacco by minors, except that traditional cultural use of tobacco shall not be a youth offense

(b) Disobeys the reasonable and lawful demands of his parents, or guardian or is ungovernable and beyond their control

(c) Being subject to compulsory school attendance, is truant from school or

(d) Has committed any of the acts of a delinquent youth but whom the Youth Court in its discretion chooses to regard as a youth in need of supervision

(e) Is a Runaway or

(f) Violates Curfew.

 

(40) &ldquoYouth Offender&rdquo: A youth who commits a &ldquoYouth Offense&rdquo or a &ldquoStatus Offense&rdquo prior to the youth&rsquos eighteenth (18th) birthday.

 

(41) &ldquoYouth Offense&rdquo: A violation of the law and order code of the Confederated Salish and Kootenai Tribes, or equivalent city, state or federal law, which is committed within the exterior boundaries of the Flathead Indian Reservation by a person who is under the age of eighteen (18) at the time the offense was committed.

 

(42) &ldquoYouth Presenter&rdquo: The youth presenter or youth presenting officer or youth petitioner or any other person who performs the duties and responsibilities set forth in his job description, in accordance with the Tribes Personnel Rules, Regulations, and Procedures. (Rev. 7-25-06) (Rev. 5-14-08) (Rev. 3-21-13)