Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-180 | 2020

A. 
In all delinquency proceedings conducted pursuant to the provisions of this article:
(1) 
If a child 16 years of age or older fails to appear before the Court after being so ordered:
(a) 
Upon a first or subsequent failure to appear, the Court may:
[1] 
Issue a new summons and
[2] 
Issue a warning to the child regarding the potential consequences of a subsequent failure to appear
(b) 
Upon a second or subsequent failure to appear, the Court may:
[1] 
Issue a capias order and
[2] 
Following a hearing on the matter, impose additional or modified conditions of release
(c) 
Upon a third or subsequent failure to appear, the Court may conduct a hearing to review the need for detention
(2) 
If a child under 16 years of age fails to appear before the Court after being so ordered:
(a) 
If the Court finds, based on the sworn testimony of the childs parent, guardian or caretaker, that the child has willfully refused to appear, the Court may proceed by:
[1] 
Issuance of a new summons and
[2] 
Issuance of a warning to the child regarding the potential consequences of a subsequent failure to appear
[3] 
Issuance of a warning to the parent(s), guardian(s) or caretaker(s) the potential consequences of a subsequent failure to appear
(3) 
If the childs parent, guardian or caretaker fails to appear before the Court after being so ordered, or fails to bring the child before the Court after being so ordered:
(a) 
Upon a first or subsequent failure to appear, the Court may:
[1] 
Issue a new summons and
[2] 
Issue a warning to the childs parent, guardian or caretaker regarding the potential consequences of a subsequent failure to appear
(b) 
Upon a second or subsequent failure to appear, the Court may:
[1] 
Issue a bench warrant directing that the childs parent, guardian or caretaker be brought before the Court to show cause why they should not be subject to sanctions and
[2] 
Absent a showing of good cause for the failure to appear, impose upon the childs parent, guardian or caretaker a fine of up to $100 and/or referral to additional services
(c) 
Upon a third or subsequent failure to appear, the Court may initiate proceedings for contempt against the childs parent, guardian or caretaker.
B. 
The Court shall consider the ability of the childs parent, guardian or caretaker to pay any fine to be imposed, and shall not impose a fine that would cause undue hardship for the childs parent, guardian, caretaker or family.
C. 
Whenever it appears from a filed affidavit or sworn testimony before the Court that the child has failed to appear as the result of circumstances posing a substantial risk to the health, welfare, person or property of the child or others, the Court may:
(1) 
Issue a capias
(2) 
Following a hearing on the matter, impose additional or modified conditions of release and
(3) 
Conduct a hearing to review the need for detention.
D. 
No sanctions other than those authorized by this article shall be sought or imposed for a failure to appear before the Court in any proceedings.