Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-2 ยง 4-2-18 | 2019
(a) Who May Submit Requests
Requests stating that a child is in need of supervision may be submitted by the child the childs parent, guardian or custodian an appropriate social services agency the juvenile counselor. The issuance and filing of a citation by tribal police which alleges a violation of the Tribes&rsquo Violations Code that may only be committed by a minor, shall also constitute a request to file a petition under this section. A request stating that a child is habitually and without justification absent from school may also be submitted by an authorized representative of a local school board or governing authority of a private school but only if the request is accompanied by a declaration in which the authorized representative swears that the school has complied with each of the steps set forth in section 4-2-18(g) of this Code.
(b) Referral of Requests to Juvenile Counselor Informal Conference
Requests stating that a child is in need of supervision shall be referred to the juvenile counselor, who shall assist either a child or a childs parent, guardian or custodian in obtaining appropriate and available services, as well as assisting in any subsequent filing of a petition alleging that the child is in need of supervision.
(1) The Juvenile Court Coordinator will hold an informal conference with the child and the childs parent, guardian or custodian, and any other persons, including the Tribal prosecutor, whose presence is considered appropriate by the Juvenile Court Coordinator regarding alternatives to the filing of a Petition if:
(A) the admitted facts bring the case within the jurisdiction of the Juvenile Court
(B) an informal agreement of the matter would be in the best interest of the child and the Tribes and
(C) the child and his parent, guardian or custodian consent to an informal agreement with knowledge that the consent is voluntary.
(2) Notice
Notice of the informal conference shall be given to the child and the childs parent, guardian or custodian and their counsel as soon as the time for the hearing has been established. This Rule does not authorize the Juvenile Court Coordinator to compel any person to appear at any conference, to produce any papers or to visit any place.
(3) Evidence
No statement made during the informal conference may be admitted into evidence at an adjudicatory hearing or any proceeding against the child. Such statements may be used during peacegiving.
(4) Disposition at Informal Conference
At the informal conference, the Juvenile Court Coordinator may:
(A) suggest a peacegiving session to the child and the parent, guardian or custodian
(B) refer the child and the parent, guardian or custodian to a community agency for services or other assistance
(C) secure the informal agreement of the child and his parent(s), guardian or custodian, to be approved by the Juvenile Court, to terms of supervision of the child calculated to assist and benefit the child, provide restitution acceptable to any person harmed by the conduct of the child, and benefit the Tribes which regulate the childs activities and which are within the ability of the child to perform
(D) accept an offer of restitution if voluntarily made by the child or
(E) recommend the filing of a Petition.
(c) Withdrawal of Request
A request stating that a child is in need of supervision may be withdrawn by the party submitting the request at any time prior to the adjudication of any petition filed in proceedings.
(d) Authorization to File Petition
A petition alleging that a child is in need of supervision shall not be filed unless the juvenile presenter has determined and endorsed upon the petition that the filing of the petition is in the best interest of the child and his family.
(e) Petition--Required Signatures
A petition alleging that a child is in need of supervision shall be signed by both the juvenile presenter and the party submitting the request as authorized in section 4-218(a) of this Code.
(f) Petition--Form and Contents
A petition alleging that a child is in need of supervision shall be entitled, "In the Matter of _______, a child," and shall set forth with specificity.
(1) the name, birth date and residence address of the child and whether the child is the complainant or respondent in the proceedings
(2) the name and residence address of the parents, guardian or custodian of the child and whether the parents, guardian or custodian are the complainant or respondent in the proceedings
(3) that the child is a child is in need of supervision as defined in section 4-2-2(c) of this Code
(4) that the petitioner has exhausted or the respondent has refused appropriate and available services as evidenced by a report which shall be prepared and submitted by the juvenile counselor at the same time the petition is filed, or, in the case of petition based upon a childs alleged habitual and unjustifiable absence from school, that a declaration as required under section 4-2-18(a) of this Code has been filed by a school official
(5) that Court intervention is necessary to secure services which are accessible to the Court and
(6) the additional required allegations set forth in either section 4-2-18(g) or section 4-2-18(h) of this Code.
(g) Petition--Additional Required Allegations for School Absence
In addition to the allegations required under section 4-2-18(f) of this Code, a petition alleging that a child is habitually and without justification absent from school shall also allege the following:
(1) that the school and a childs parent, guardian or custodian have held a meeting, or the childs parent, guardian or custodian has refused to attend a meeting to discuss the childs habitual and unjustified absence from school
(2) that the school has provided an opportunity for counseling to determine whether a curriculum change (as defined in section 4-2-2(c) of this Code) would resolve the childs problem and if the local school board or governing authority of a private school provides an alternative education program, that the child has been provided with an opportunity to enroll in the alternative education program
(3) that the school has conducted a review of the childs educational status which may include medical, psychological and/or educational testing of the child in accordance with the school regulations to determine whether learning problems may be a cause of the childs absence from school and, if so, what steps have been taken to overcome the learning problems
(4) that the social worker or other appropriate official of the childs school has conducted an investigation to determine whether social problems may be a cause of the childs absence from school and, if so, what appropriate action has been taken and
(5) that the school has sought assistance from appropriate agencies and resources available to the local school board or private school, or has referred the matter to a local social services agency for the purpose of utilizing and coordinating such agencies and resources.
(h) Petition-Additional Required Allegations for Breakdown In The Parent-Child Relationship
In addition to the allegations required under section 4-2-18(f) of this Code, a petition alleging that there is a breakdown in the parent-child relationship shall also allege that the filing of the petition was preceded by complying with each of the following that are applicable and appropriate:
(1) the child and his family have participated in counseling or either the child or his family has refused to participate in family counseling
(2) the child has been placed in the home of a relative, if available, or the child has refused placement in the home of a relative
(3) the child has sought assistance at an appropriate juvenile shelter care facility for runaways or the child has refused assistance from such a facility and
(4) the child has been placed in a foster home or the child has refused placement in a foster home.
(i) Summons in a Child-is-in-need-of-Supervision Proceeding
After a petition alleging that a child is in need of supervision has been filed, summonses shall be issued directly to the child, the childs parent, guardian or custodian, their counsel and to such other persons as the court considers proper or necessary parties. The content and service of the summons shall be in accordance with section 4-2-10(c).