Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-2 ยง 4-2-2 | 2019
As used in this Code:
(a) "Adjudicatory Hearing" - A proceeding in the Juvenile Court to determine whether a child has committed a specific "juvenile offense" or is a "child in need of supervision" as set forth in a petition.
(b) "Adult" - An individual who is eighteen (18) years of age or older (see the definition of "transfer to Tribal Court").
(c) "Alcohol or Substance Abuse Emergency Shelter or Halfway House" - An appropriately licensed and supervised emergency shelter or halfway house for the care and treatment of juveniles with regard to alcohol and/or substance abuse problems.
(d) "Child" - An individual who is less than eighteen (18) years old and has not been emancipated. (see the definition of "transfer to Tribal Court").
(e) "Child in Need of Supervision"- means a child who:
(1) Being subject to compulsory school attendance, is habitually absent from school or
(2) Habitually disobeys the reasonable and lawful demands of his or her parents, guardian or custodian and is beyond such control or
(3) Has committed a violation of the Tribes&rsquo Violations Code applicable only to children and
(4) In any of the above situations is in need of care, cultural education, or rehabilitation.
(f) "Counsel" - An advocate or attorney.
(g) "Court" or "Juvenile Court" - The Juvenile Court of the Tribes.
(h) "Curriculum Change" - Includes but is not necessarily limited to:
(1) a change in a childs instructor, if available
(2) a change in the scheduling of a childs classes, if available
(3) reassignment of a child into another class section, if available
(4) a change in the content of a childs course of instruction, if available and
(5) a change in the childs school, if available.
(i) "Custodian" - A person, other than a parent or guardian, to whom legal custody of the child has been given.
(j) "Detention" - Exercising authority over a child by physically placing them in any juvenile facility designated by the court and restricting the childs movement in that facility.
(k) "Dispositional Hearing" - A proceeding in the Juvenile 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 whose "family is in need of services."
(l) "Domicile" - A persons 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 consider to be their permanent home. Domicile for purposes of jurisdiction is established at the time of the alleged acts.
(m) "Emergency Foster Home" - Placement with a family whose home has been licensed to accept emergency placements of children at any hour of the day or night.
(n) "Foster Home" - Placement with a family whose home has been licensed to accept placement of children under the age of eighteen (18).
(o) "Guardian" - A person assigned by a court of law, other than a parent, having the duty and authority to provide care, shelter, and control of a child.
(p) "Group Home" - A residential detention facility which is licensed to care for children under the age of eighteen (18).
(q) "He/His" - The use of he/his means he or she, his or her, and singular includes plural.
(r) "Interim Care" - The status of temporary physical control of a child who is "in need of supervision&rdquo.
(s) "Juvenile Counselor" - The juvenile counselor or the juvenile probation officer or any other appropriately titled person who performs the duties and responsibilities set forth in section 4-2-7(b) of this Code.
(t) "Juvenile Facility" - Any juvenile facility (other than a school) that cares for juveniles or restricts their movement, including secure juvenile detention facilities, alcohol or substance abuse emergency shelter or halfway houses, foster homes, emergency foster homes, group homes, and shelter homes.
(u) "Juvenile Offender" - A child who commits a "juvenile offense" prior to the childs eighteenth (18) birthday.
(v) "Juvenile Offense" - An act, which, if committed by an adult, is designated a violation under the Tribes&rsquo Violations Code, or an act which, if committed by an adult would be considered a crime under state or federal law.
(w) "Juvenile Presenter" - The juvenile presenter or juvenile presenting officer or juvenile petitioner or any other person who performs the duties and responsibilities set forth in section 4-2-7(c) of this Code.
(x) "Juvenile Shelter Care Facility" - Any juvenile facility other than a secure juvenile detention.
(y) &ldquoParent": Includes a natural or adoptive parent, but does not include persons whose parental rights have been legally terminated, nor does it include the unwed father whose paternity has not been acknowledged or established.
(z) "Probation" - A legal status created by court order whereby a "juvenile offender" is permitted to remain in his 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 failure to comply with any of the prescribed conditions of probation.
(aa) "Protective Supervision" - A legal status created by court order under which a "juvenile offender" is permitted to remain in his home or is placed with a relative or other suitable individual and supervision and assistance is provided by the court, a health or social services agency or some other agency designated by the court.
(bb) "Restitution" - Financial or other reimbursement by the child to the victim, and is limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric and psychological treatment for injury to persons, and lost wages resulting from injury, which are a direct and proximate result of the delinquent act. Restitution does not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses.
(cc) "Secure Juvenile Detention Facility" - A facility which (i) contains locked cells or rooms which are separated by sight and sound from any adult inmates (ii) restricts the movement of those placed in the locked cells or rooms, and (iii) complies with the other requirements of the Juvenile Justice and Delinquency Prevention Act, 42 U.S.C. 5601 et. seq.
(dd) "Shelter Home" - A residential facility which is licensed to care for children under the age of eighteen (18) in an unrestricted setting.
(ee) "Transfer to Tribal Court" - Transferring a child from the jurisdiction of the Juvenile Court to the jurisdiction of the Tribal Court according to section 4-2-4 of this Code which results in the termination of the Juvenile Courts jurisdiction over that offense.
(ff) "Tribal Council" - The Tribal Council of the Tribes.
(gg) "Tribal Court" - The adult court for the Tribes.