Statutes | Cherokee Code Part II Chapter 7A Article V ยง 7A-54 | 2019

(a) In each case brought pursuant to this chapter, on the date of the arraignment, the court shall identify the parent or parents of the minor or, in their absence, the guardian or other responsible person charged by law with the responsibility for the welfare of the juvenile. It shall be the obligation of such parent or other responsible person to:

     (1) Personally attend and assure the attendance of the juvenile at all hearings of the court as well as all meetings with  support service agencies occasioned by the action

     (2) Pay a portion or all of any restitution or fines imposed by the court when the court finds the payment by the parent to be in the best interest of justice and rehabilitation. An order to pay restitution or a fine shall be subject to enforcement as a debt to the Tribe and the restitution shall be distributed by the court to the victim(s) of the crime

     (3) Supervise the juveniles compliance with all orders of the court and conditions of release and probation, including but not limited to curfew, school attendance and general behavior.

(b) If the judge orders medical, surgical, psychiatric, psychological or other evaluations or treatment, the judge may order the parent or other responsible parties to participate in the evaluation or treatment and to pay the cost of the treatment or care ordered.

(c) At the dispositional hearing or subsequent hearing the judge may determine whether the best interests of the juvenile requires that the parent or other responsible party undergo psychiatric, psychological, or other evaluation or treatment or counseling directed toward remedying behaviors or conditions that led to or contributed to the juveniles adjudication or to the courts decision to remove custody of the juvenile from the parent or other responsible party. If the court finds that the best interests of the juvenile require the parent (or other responsible party) undergo evaluation or treatment, it may order that person to comply with a plan of evaluation or treatment approved by the court or condition legal custody or physical placement of the juvenile with the parent or other responsible party upon that persons compliance with the plan of evaluation or treatment. The cost of such evaluation or treatment will be paid by the parent or other responsible party, unless the court finds that the individual is unable to pay for such evaluation or treatment. In such cases, the court may order the parent or other responsible party to receive evaluation or treatment currently available from the Tribal mental health program.

(d) The Judge may order the parent (or other responsible party) of a juvenile who has been adjudicated undisciplined or delinquent to attend parental responsibility classes if those classes are available on the Qualla Boundary or in the county or neighboring county where the parent or other responsible party resides.

(e) Failure of a parent (or other responsible party) who is personally served to participate in or comply with subsections (a), (b),(c) and (d) may be treated as criminal contempt of court punishable by up to a $1,000 fine and 90 days imprisonment. It shall be a defense to any such charge of contempt that the parent, or guardian or such other person or persons having custody and control of the juvenile made reasonable efforts to comply.

(Ord. No. 289, 7-17-00)