Statutes | Crow Tribe of Montana Law and Order Code Title 9 Part 7 ยง 9-7-102 | 2019
The following definitions shall apply to this Code. Where his or her is used in this Code it is meant to include both genders.
(1) "Adjudicatory Hearing" means a proceeding in the Youth Court to determine whether a youth has committed a specific "youth offense" or is a "youth in need of supervision" as set forth in a petition.
(2) "Adult" means an individual who is 18 years of age or older.
(3) "Advocate" means an attorney or advocate.
(4) "Alcohol or Substance Abuse Emergency Shelter or Halfway House" means an appropriately licensed and supervised emergency shelter or halfway house for the care and treatment of youth with regard to alcohol and/or substance abuse problems.
(5) "Consent Decree": At any time after the filing of a "youth offender" petition, and before the entry of a judgment, the Youth Court may, on motion of the youth presenter or that of counsel for the youth, suspend the proceedings and continue the youth under supervision under terms and conditions negotiated with the youth probation officer and. agreed to by all parties affected. The Youth Courts order continuing the youth under supervision under this section shall be known as a "consent decree".
(6) "Counsel": An attorney or advocate.
(7) "Court" or "Youth court": See definition of Youth Court.
(8) "Custodian": A person, other than a parent or guardian, to whom legal custody of the youth has been given.
(9) "Deferred agreement" means an agreement which suspends a "juvenile offender" or "youth in need of supervision" proceeding prior to filing a petition and continues the youth under supervision or probation under terms and conditions negotiated with the juvenile officer and agreed to by all parties.
(10) "Delinquent Youth" means a youth who:
(a) Has committed an offense which, if committed by an adult, would constitute a criminal offense
(b) Having been placed on formal court probation as a delinquent youth or a youth in need of supervision, violates any conditions of his probation.
(11) "Detention" means exercising authority over a youth by physically placing them in any secure youth facility designated by the Youth Court where their movement is restricted.
(12) "Dispositional Hearing" means a proceeding in the Youth Court to determine how to resolve a case after the youth has been adjudicated a youth offender.
(13) "Domicile" means a persons permanent home, legal home or main residence. The domicile of a youth is generally that of the custodial parent 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.
(14) "Foster home" means placement with a family whose home has been licensed by Tribal Social Services to accept placement of youth.
(15) "Group home" means a residential facility which is licensed to care for youth.
(16) "Guardian" means a person, other than a parent, having the duty and authority to provide care, shelter, and control of a youth.
(17) "Guardian Ad Litem" means a person appointed at the discretion of the Youth Court or upon the recommendation of Juvenile Probation to represent and protect the legal rights and interests of a youth in a Youth Court proceeding when the youth has no parent or guardian appearing on his behalf or their interests conflict with those of the youth.
(18) "Indian Youth" means a youth who is an enrolled or enrollable member of the Crow Tribe is an enrolled 01 enrollable member of a federally recognized tribe residing on the Crow Reservation or is a biological descendant or an enrolled member of a Federally Recognized Tribe residing on the Crow Reservation and has significant ties to the Indian community.
(19) "Judge" when used without further qualifications, means the Judge of the Tribal Youth Court.
(20) "Juvenile Officer" means the youth probation officer who shall also serve as the Truancy Officer for the Crow Tribe. The juvenile officer works under the direction of the Tribal Prosecutor. When performing duties related to truancy, the Juvenile Officer shall coordinate and cooperate with the Home School Coordinator or other appropriate official at each school where a substantial percentage of students are children of Crow tribal members. Under appropriate circumstances, upon motion and good cause being shown, the Court may designate the Home School Coordinator, other appropriate official, or his or her named designee, to serve as an Ad Hoc Truancy Officer for the Crow Tribe.
(21) "Legal Custody" means the legal status created by order of a court of competent jurisdiction that gives a person the duty to:
(a) Have physical custody of the youth and
(b) Determine with whom the youth shall live and for what period and
(c) Protect, train, and discipline the youth and
(d) Provide the youth with food, shelter, education, and ordinary medical care.
(e) An individual granted legal custody of a youth shall personally exercise his rights and duties as parents or guardian unless otherwise authorized by the Court entering the order.
(22) "Parent" includes a natural or adoptive parent
(23) "Probable Cause" means any circumstances or factors that would lead a reasonable officer to believe, more likely than not, that a crime has been or is being committed.
(24) "Probation" means a legal status created by court order or under this code whereby an offender is under prescribed conditions and under the supervision of a person designated by the court. An 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.
(25) "Protective supervision" means a legal status created by court order under which an offender is permitted to remain in his home or is placed with a relative or other suitable individual, where supervision and assistance is provided by the court. (A health or social services agency or some other agency designated by the court).
(26) "Restitution" means monetary payment to the victim or services provided to the victim or the general community, made pursuant to an informal adjustment, consent decree, deferred agreement, or other Youth Court order. (27) "Secure Youth Detention Facility" means a facility which:
(a) Contains locked cells or rooms
(b) Restricts the movement of those placed in the locked cells or rooms and
(c) Complies with the other requirements of the Juvenile Justice and Delinquency Prevention Act. 42 U.S.C. 5601 et seq.
(28) "Serious crime" means a crime committed by a youth, which if committed by an adult would be a felony and is an offense against a person, an offense against property, or an offense involving dangerous drugs.
(29) "Status Offense" means a youth who commits an offense prohibited by law which if committed by an adult,
would not constitute a criminal offense, including but not limited to a youth who:
(a) Violates any Tribal, Montana municipal. State, or federal law regarding use of alcoholic beverages 01 tobacco by minors, except that traditional cultural use of tobacco shall not be a youth offense
(b) Habitually disobeys the reasonable and lawful demands of his parents, or guardian or is ungovernable and beyond their control
(c) Being subject to compulsory school attendance, is habitually truant from school
(d) Runs away from his home or place of residence or
(e) violates a curfew enacted under this Code.
(30) "Transfer of Jurisdiction" means transferring a youth from the jurisdiction of the Tribal Youth Court according to provisions of this Code which results in the termination of the initial courts jurisdiction over that offense.
(31) "Tribal Council" means the Tribal council of the Crow Tribe.
(32) "Tribal Court" means the adult court for the Crow Tribe.
(33) "Tribal Social Services" means the social services department of the Crow Tribe.
(34) "Youth" see "Indian Youth" definition.
(35) "Youth Court" means the Court established by the Crow Tribe, to hear all proceedings in which a youth is alleged to be a delinquent youth, a youth in need of supervision, or a youth in need of care and includes the Youth Court, the judge, and juvenile probation officers.
(36) "Youth facility" means any youth facility (other than school) that cares for youth or may restrict their movement, including secure youth detention facilities, alcohol or substance abuse emergency shelter or halfway houses, foster homes, group homes, and shelter homes.
(37) "Youth in Need of Care" means a youth who is dependent, abused or neglected or
(a) any Youth defined under section 9-3-104 of this Code.
(38) "Youth in Need of Supervision" means a youth who commits an offense prohibited by law which if committed by an adult, would not constitute a criminal offense, including but not limited to a youth who:
(a) Violates any Tribal, Montana municipal. State, or federal law regarding use of alcoholic beverages or tobacco by minors, except that traditional cultural use of tobacco shall not be a youth offense
(b) Habitually disobeys the reasonable and lawful demands of his parents, or guardian or is ungovernable and beyond their control
(c) Being subject to compulsory school attendance, is habitually truant from school or
(d) Has committed any of the acts of a delinquent youth but whom the Youth Court in its discretion chooses to regard as a youth in need of supervision
(e) Runs away from his home or place of residence or
(f) Violates a curfew as established by this Code.
(39) "Youth Offender": A youth who commits a "Youth Offense" or a "Status Offense" prior to the youths eighteenth (18th) birthday.
(40) "Youth Offense": A violation of the law and order code of the Crow Tribe, or equivalent city, state or federal law, which is committed within the exterior boundaries of the Crow Indian Reservation by a person who is under the age of eighteen (18) at the time the offense was committed.
(41) "Youth Presenter" The youth presenter, Tribal Prosecutor, or youth presenting officer or youth petitioner or any other person who performs the duties and responsibilities set forth in his job description, in accordance with the Tribes Personnel Rules, Regulations, and Procedures.