Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-2 ยง 4-2-20 | 2019
(a) Conduct of Hearings
Child-in-need-of-supervision hearings shall be conducted by the Juvenile Court separate from other proceedings. At all hearings, the child and the childs family, guardian or custodian shall have the applicable rights listed in chapter 4-2-8 of this Code. The general public shall be excluded from the proceedings. Only the parties, their counsel, witnesses and other persons requested by the parties shall be admitted.
(b) Notice of Hearings
Notice of all child-in-need-of-supervision hearings shall be given to the child, the childs parent, guardian or custodian, their 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) code.
(c) Adjudicatory Hearing
The Court, after hearing all of the evidence bearing on the allegations contained in the petition, shall make and record its findings as to whether the child is a child in need of supervision. If the Court finds on the basis of clear and convincing evidence that the child is a child in need of supervision, the Court may proceed immediately, or at a postponed hearing, to make disposition of the case. If the court does not find that the child is a child in need of supervision, it shall dismiss the petition.
(d) Predisposition Studies, Reports and Examinations
The court may order any appropriate predisposition study, report or examination under chapter 4-2-14 of this Code.
(e) Disposition Hearing
At the disposition hearing, or the disposition portion of a combined jurisdiction/ disposition hearing, all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the Court and may be relied upon to the extent of its probative value even though not competent had it been offered during the adjudicatory phase of the hearing. 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 any alternative predisposition report or recommendations presented by the child or the childs counsel.
(f) Disposition Alternatives
If the Court finds that a child is a child in need of supervision, the Court may make any of the following orders of disposition, giving due weight to the need to preserve the unity of the family whenever possible:
(1) permit the child to remain with his parents, guardian or custodian subject to those conditions and limitations the court may prescribe, including the protective supervision (as defined in section 4-2-2(c) of this Code) of the child by a local social services agency
(2) refer the child and his parents, guardian or custodian to an appropriate social services agency for participation in counseling or other treatment program as ordered by the Court
(3) transfer legal custody of the child to any of the following if the child is found to be a child in need of supervision due to a breakdown in the parent-child relationship:
(A) a relative or other individual who, after study by the juvenile counselor or other agency designated by the Court, is found by the Court to be qualified to receive and care for the child, or
(B) an appropriate agency for placement of the child in an appropriate juvenile shelter care facility (as defined in section 4-2-2(c) of this Code) for a period not to exceed thirty (30) days with simultaneous directed referral of the family to a social services agency for counseling and/or other social assistance. A child may be placed under this section for an additional period not to exceed ninety (90) days after a hearing to determine the necessity of an additional placement.
(4) Refer the child to Peacegiving Court
(g) Restriction on Dispositional Placements
The child shall not be confined in an institution established for the care and rehabilitation of "juvenile offenders" unless the child is also found to be a juvenile offender. Under no circumstances shall a child in need of supervision be committed or transferred to a penal institution or other facility used for the execution of sentences of persons convicted of crimes.
(h) Modification, Revocation or Extension of Disposition Order
The Court may hold a hearing to modify, revoke or extend a disposition order at any time upon the motion of:
(1) the child
(2) the childs parent, guardian, or custodian
(3) the childs counsel
(4) the juvenile counselor
(5) the juvenile presenter
(6) the institution, agency or person vested with legal custody of the child or responsibility for protective supervision or
(7) the court on its own motion.
(i) Termination of Disposition Order
(1) Any disposition order concerning a child in need of supervision shall be reviewed not less than once every six (6) months. Review hearings shall be conducted under the provisions set forth in sections 4-2-20(e). At the review hearing, the Court shall determine whether the circumstances that led to the intervention of the Juvenile Court have been resolved. If the court finds by clear and convincing evidence that the circumstances that led to the finding that the child is a child in need of supervision, continue to exist, or that the child is engaged in a program of rehabilitation which is not complete, the Court may continue the order of disposition for an additional six (6) months, or modify the order as appropriate to meet the best interests of the child.
(2) The disposition order concerning a child in need of supervision shall automatically terminate when the child reaches his eighteenth (18th) birthday or is legally emancipated by the Court.