Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-2 ยง 4-2-15 | 2019
(a) Purpose and Conduct of Disposition Hearing
Disposition hearings shall be conducted by the Juvenile Court separate from other proceedings. The Court shall conduct the disposition hearing 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." The Court shall make and record its dispositional order in accordance with sections 4-2-15(e) and 4-2-16. At the disposition hearing, the child and the childs parent, guardian or custodian shall have the applicable rights listed in chapter 4-2-8 of this Code. The public shall be excluded from the proceedings. Only the parties, their counsel, witnesses, and persons requested by the parties shall be admitted.
(b) Time Limitations on Disposition Hearings
If the child remains in custody, the disposition hearing shall be held within ten (10) days after the adjudicatory hearing. If the child is released from custody or was not taken into custody, then the disposition hearing shall be held within twenty (20) days after the adjudicatory hearing.
(c) Notice of Disposition Hearing
Notice of the disposition hearing shall be given to the child and the childs parent, guardian or custodian, the childs counsel and any other person the court deems necessary for the hearing at least five (5) days prior to the hearing in accordance with sections 4-2-10(c) of this Code.
(d) Evidence and Reports
In the disposition hearing, the Court may consider all relevant and material evidence determining the questions presented, including oral and written reports, and may rely on such evidence to the extent of its probative value even though not otherwise competent. The Court shall consider any predisposition report, physicians report or social study it may have ordered and afford the child, the childs parent, guardian or custodian and the childs counsel an opportunity to controvert the factual contents and conclusions of the report(s). The Court shall also consider the alternative predisposition report or recommendations prepared by the child or the childs counsel, if any.
(e) Disposition Alternatives
If a child is found by the Court to be a "juvenile offender," the Court may make and record any of the following orders of disposition for the childs supervision, care and rehabilitation:
(1) permit the child to remain with parent, guardian or custodian, subject to such conditions and limitations as the court may prescribe
(2) place the child in the legal custody of a relative or other suitable person, subject to such conditions and limitations as the court may prescribe
(3) order the child to pay restitution (as defined in section 4-2-2(c) of this Code)
(4) place the child under protective supervision (as defined in section 4-2-2(c) of this Code) under such conditions and limitations as the Court may prescribe
(5) place the child on probation (as defined in section 4-2-2(c) of this Code) under such conditions and limitations as the Court may prescribe or
(6) place the child in a juvenile facility designated by the Court, including alcohol or substance abuse emergency shelter or halfway house, emergency foster home, foster home, group home, shelter home, or secure juvenile detention facility.