Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-2 ยง 4-2-12 | 2019
(a) Availability of Peacegiving Court
At any time after the filing of a "juvenile offender" petition, and before the entry of a disposition order, the Court may, on motion of the juvenile presenter or that of counsel for the child, suspend the proceedings and refer the matter to the Peacegiving Court .
(b) Objection to Peacegiving Court
If the child objects to a referral to the Peacegiving Court, the Court shall proceed to findings, adjudication and disposition of the case. If the child does not object, but an objection is made by the juvenile presenter after consultation with the juvenile counselor, the Court shall, after considering the objections and the reasons given, proceed to determine whether it is appropriate to refer the matter to the Peacegiving Court and may, in its discretion, refer the matter to the Peacegiving Court.
(c) Upon referral to the Peacegiving Court, proceedings in the Juvenile Court shall be suspended until such time as the Peacegiving Court returns the matter to the Juvenile Court. The Peacegiving Court shall retain jurisdiction of the matter so long as is necessary to fulfill the Peacegiving Process, or until earlier returned to the Juvenile Court upon a determination by the Peacegiving Court that Peacegiving has been ineffective in resolving the issues that brought the child to the court&rsquos attention. In no event shall Peacegiving Court jurisdiction extend beyond the eighteenth (18th) birthday of the child.
(d) Failure to Fulfill Terms and Conditions of Peacegiving Court
Prior to the child&rsquos eighteenth (18th) birthday, the Peacegiving Court returns the matter to the Juvenile Court because Peacegiving has been ineffective, the Court may:
(1) resume the proceeding in the Juvenile Court at the procedural stage from which is was referred to Peacegiving or
(2) Dismiss the proceeding if the interests of justice so dictate.
(e) New Juvenile Offense Complaint
If prior to either completion or termination of Peacegiving Court proceedings, a new "juvenile offender" complaint is filed against the child and the juvenile counselor has conducted a preliminary inquiry and authorized the filing of a petition upon a finding that informal adjustment is not in the best interest of the child and public, the juvenile presenter may:
(1) file a petition to refer the new offense to the Peacegiving Court for inclusion in the Peacegiving process,
(2) file a petition to revoke Peacegiving Court jurisdiction and return the original matter to the Juvenile Court, or
(3) file a petition on the basis of the new complaint which has been filed against the child.
(f) Dismissal of Petition
A child who is discharged by or who successfully completes a period under Peacegiving Court jurisdiction without reinstatement of the original "juvenile offense" petition shall not again be proceeded against in any court for the same offense alleged in the petition or an offense based upon the same conduct, and the original petition shall be dismissed with prejudice. Nothing in this section precludes a civil suit against the child for damages arising from this conduct.