Statutes | Colorado River Tribe, Children's Code Chapter 3 ยง1-325 | 2019
(a) Once a child has been adjudged a child offender, the Court may make any and all reasonable orders for the care, supervision, custody, conduct, maintenance, and support of such child, including medical treatment, subject to further order of the Court provided, that if the child is to be subject to the continuing jurisdiction of the Court, the Court shall declare the child to be a ward of the Court.
(b) In determining the disposition of a child, the Court shall prefer the alternative which least restricts the childs freedom of movement, provided such alternative is compatible with the best interests of the child and the community.
(c) The Court may, as necessary, limit the control to be exercised over such child by any parent, guardian, or custodian and shall in its order clearly and specifically set forth any such limitations.
(d) The Court may order the child be placed on probation and order a Probation Officer to supervise and assist the child and his parent(s), guardian(s), or custodian(s) so as to rectify the conditions that resulted in child offender adjudication. The Court may order specific terms of supervision, which prescribe or proscribe the childs activities and which are within the ability of the child to perform. An order of supervision may include the following requirements:
(1) Participation in a constructive program of service or education designed to impress upon the child a sense of responsibility for the injuries caused to the person or property of another.
(2) Restitution not in excess of actual damage caused by the child, to be paid from his earnings or those of his parents or guardians or by performance of services acceptable to the victim which are reasonable and capable of being performed within one (1) year provided that nothing herein shall be construed to preclude any responsibility of the childs parent(s) or guardian(s) for damage caused by the child.
(3) Participation in appropriate counseling programs available through social services or mental health agencies.
(4) Additionally, the Court may order parent(s), guardian(s), and custodian(s) the following:
(A) Stay home and monitor child.
(B) Submit to drug and alcohol testing when there is a reasonable suspicion of drug and/or alcohol use.
(C) Attend and successfully complete alcohol and drug education, treatment and/or other counseling services.
(D) Attend and successfully complete parenting education, treatment and/or other counseling services.
(E) Order any other term and condition that is reasonable and in the best interests of the child&rsquos rehabilitation.
(e) No child shall be taken from the physical custody of his parent, guardian, or custodian unless the Court finds by clear and convincing evidence that:
(1) There is a substantial danger to the physical or emotional health of the child and there are no acceptable and reasonable means by which the childs well-being can be protected without removal of the child from physical custody of the parent, guardian or custodian or
(2) The child poses a substantial threat of danger to the persons or property of others and there are no acceptable and reasonable means by which such threat can be guarded against without removal of the child from the physical custody of the parent, guardian or custodian or
(3) The parent, guardian or custodian is unwilling to have physical custody of the child or
(4) The parent, guardian, or custodian is incapable of providing or has failed or neglected to provide proper supervision and care for the child or
(5) The child has in the past been placed on probation in his home and rehabilitation has failed.
(f) If a child is taken from the physical control of his parents, guardians or custodians, the Court may place the child in shelter care and under the supervision of a Probation Officer. In any shelter care placement, the child shall be placed in his community wherever possible and placement shall be in the following order:
(1) A member of the childs extended family
(2) A friend of the family
(3) A foster family
(4) A group boarding home
(5) An institution for children.
(g) The Court may order that the child be detained in an appropriate detention facility.
(h) A child shall not be held in detention awaiting placement for more than fourteen (14) days after the entry of the dispositional order.
(i) A dispositional order made pursuant to this shall remain in force no longer than the maximum period of confinement or probation that an adult could receive for the offense(s) committed.
(j) The dispositional order of the Court shall set forth the findings of fact upon which the order is based together with clear and concise reasons for the order.