Statutes | Fort McDermitt Paiute and Shoshone Tribe Chapter 28 ยง 6.25 | 2019

1. A minor child may be taken into custody by any police officer or probation officer pursuant to a warrant issued by this Court. 2. A minor child may be taken into custody by a police officer or probation officer without a warrant when:

     a. The child violates federal or tribal law in the presence of the officer

     b. There are reasonable grounds to believe that the child has committed an act, which if committed by an adult, would be a crime

     c. The child is seriously endangered in his surroundings and immediate removal appears to be necessary for his protection

     d. The child has committed an act which is a breach of the peace

     e. There are reasonable grounds to believe that the child requires immediate care or medical attention

     f. The child is alleged to have committed a serious offense that places the community or himself or herself in danger of harm or injury.

3. When an officer takes a minor child into custody, the officer shall immediately notify the child&rsquos parents, guardian, or custodian.

4. A child shall not be detained by an officer any longer than is reasonably necessary to obtain his name, age, residence and other information, and to contact and obtain the appearance of his parent, guardian, or custodian.

5. If a child is taken to detention, the officer shall promptly file a brief repot with the Court stating the facts giving rise to taking the child into custody and stating why the child was not released.  No child shall be held in detention for more than twenty-four (24) hours unless the Court orders that the child be held in an appropriate facility subject to further order of the Court.  The Court ay issue a verbal order in an emergency, but the verbal order shall be followed up by a written order within twenty-four hours of the time that the verbal order is entered.

6. The Tribal Prosecutor must file a petition alleging delinquency within seventy-two hours of the time when the child is taken into custody setting forth the allegations against the child.  The petition shall commence formal court action against the child. 7. The Court may order the child released to his parents with or without restrictions if the child can be safely left in their care and if the parents agree to bring the child to Court at the appointed time.