Statutes | Menominee Tribal Code Part II Chapter 278 Article III § 278-53 | 2020

A. 
Where a juvenile has been taken into protective custody:
(1) 
A petition shall be filed by the Prosecutor within 48 hours, excluding Saturdays, Sundays and Court holidays, and, if not filed within the stated time, the juvenile shall be released pursuant to the above section of this chapter.
(2) 
A protective custody hearing shall be held within 24 hours of the filing of the petition, excluding Saturdays, Sundays and Court holidays, to determine whether continued protective custody is required pursuant to the Court determination made from the protective custody hearing.
(3) 
If petition is not filed as described above Subsection A(1), a petition may still be filed within the 30 day time lines of § 278-48F but any further protective custody decisions must show good cause as to why new protective custody is necessary and in the best interest of the juvenile.
B. 
Written notice of the hearing shall be served to the juveniles parent(s), guardian(s) or caretaker(s), and to the juvenile. Parties, legal counsel and the juvenile may appear electronically for this hearing.
C. 
At the commencement of the hearing, the Court shall advise the parties, including the minor juvenile, of their basic rights pursuant to this article and shall appoint legal counsel and/or a guardian ad litem, if appropriate.
D. 
At the hearing, all relevant and material evidence helpful in determining the need for protective custody may be admitted by the Court even though it would be otherwise inadmissible in a hearing on the petition.
E. 
If the Court finds, based on probable cause, that the juveniles protective custody is necessary pursuant to one of the criteria below, the Court shall issue an order of protective custody to an appropriate facility.
(1) 
The juvenile will commit injury to persons or property of others, or cause injury to himself/herself or be subject to injury by others or
(2) 
The juveniles parent(s), guardian(s), caretaker(s) or other person cannot provide adequate supervision and care for the juvenile or
(3) 
The juvenile will run away or be taken away so as to be unavailable for proceedings of the Court or its officers.
F. 
The judge shall order the release of the juvenile with one or more of the following conditions:
(1) 
The juvenile is placed in the custody of a parent(s), guardian(s), caretaker(s), relative, or under the supervision of an agency agreeing to supervise the juvenile.
(2) 
The juveniles travel, association with other persons or place of residence during the time of release is restricted.
(3) 
Any other condition deemed necessary and consistent with this chapter.