Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-175 | 2020
C.
Conduct. At the disposition hearing, the Court:
(1)
Shall afford the parties the opportunity:
(a)
To present documentary or testimonial evidence concerning the appropriate disposition of the matter and
(b)
To refute, and to cross-examine the sources of, the contents and conclusions of any reports, testimony, or other evidence to be considered by the Court pursuant to the provisions of this article
(2)
Shall consider the dispositional report and recommendations prepared by the Department, as well as any alternative dispositional report or recommendations prepared by the child or the childs parent, guardian or caretaker and
(3)
May consider any evidence, including hearsay, which it finds to be relevant, reliable, and helpful in making the determinations contained in the dispositional study and reports.
D.
Orders on disposition.
(1)
If the Court finds that the child is not in need of supervision, services, treatment or rehabilitation, it shall dismiss the proceedings and enter a written order releasing the child from any detention, restrictions or other conditions previously imposed in connection therewith.
(2)
If the Court finds that the child is in need of supervision, services, treatment or rehabilitation, the Court shall enter a written disposition order.
(3)
The Court shall in all cases enter the least restrictive orders appropriate considering:
(4)
All dispositional orders entered by the Court shall be:
E.
Disposition options.
(1)
The Court may enter written orders, including any of the following, as best suited to the needs of the child and the safety of the community:
(a)
An order permitting the child to remain with his or her parent, guardian or caretaker, subject to such conditions and limitations as the Court may prescribe
(b)
An order requiring the child or the childs parent, guardian or caretaker to participate in an educational, counseling, cultural or diversion programs, or other services, designed to deter delinquent acts or other conduct or conditions presenting a threat to the welfare of the child or the community
(c)
An order requiring the childs parent, guardian or caretaker to participate in an educational, counseling, cultural or diversion programs, or other services, designed to contribute to their ability to care for and supervise the child, including, but not limited to, parenting classes
(d)
An order requiring the child or the childs parent, guardian or caretaker to undergo a medical, psychological, or psychiatric evaluation
(e)
An order requiring the child or the childs parent, guardian or caretaker to undergo medical, psychological, or psychiatric treatment, where such treatment is:
(f)
An order requiring the child to pay restitution, which may include a provision for conversion to civil restitution for any amounts that are unpaid at the expiration of the dispositional order
(g)
An order requiring the child to perform community service
(h)
An order requiring the child to attend structured after-school, evening, educational, vocational or other programs appropriate for meeting the needs of the child and providing for the safety of the community
(i)
An order prohibiting the child from driving a motor vehicle for a period not to exceed the date on which the child reaches 18 years of age
(j)
An order placing the child in the temporary legal custody of a relative or other responsible adult, subject to such conditions and limitations as the Court may prescribe
(k)
An order providing for supervised or conditional release and
(l)
An order providing for the detention or other out-of-home placement of the child.
(2)
If a child found by the Court to have committed a delinquent act has not achieved a high school diploma or the equivalent, the Court may enter a written order requiring that the child pursue a course of study designed to lead to the achievement of a high school diploma or the equivalent.
F.
Detention - limitations.
(1)
The Court shall not enter a disposition order providing for the detention or other out-of-home placement of the child unless:
(a)
No less restrictive alternatives will suffice and
(b)
There is clear and convincing evidence that the child should be detained because:
(2)
The Court shall not enter a disposition order providing for the detention or other out-of-home placement of the child at an adult facility.
(3)
No child shall be ordered for more than one year to an institution for the housing of delinquent children without further order of the Court.
(4)
For the purposes of interpreting and applying Subsection F(3), the total period of secure detention:
(a)
Shall include any period during which the child was detained in a secure juvenile detention facility prior to adjudication and
(b)
Shall be limited, where the child is found to have committed multiple delinquent acts in connection with a single incident, to not more than one year in an institution for the housing of delinquent children without further order of the Court.
G.
Disposition orders - review.
(1)
The Court shall conduct a hearing to review any disposition orders:
(a)
At least once every three months, if the child is detained or in an out-of-home placement
(b)
At least once every 30 days, if the child is detained in a secure juvenile detention facility and
(c)
At least once every 45 days, if the child is in an out-of-home placement other than detention in a secure juvenile detention facility.
(2)
(3)
Where the child is detained or in an out-of-home placement, the Court shall consider:
(a)
Whether the circumstances of the child, the availability of less restrictive alternatives, or other material facts have changed since the last hearing
(b)
Whether detention or other out-of-home placement remains necessary and authorized
(c)
Whether the child should be released from detention or other out-of-home placement in favor of a less restrictive alternative and
(d)
Whether reasonable or ongoing efforts have been made to fulfill the terms of the dispositional order.
(4)
At any review hearing conducted pursuant to the provisions of this section:
(a)
The child shall bear the burden of showing, by a preponderance of the evidence, compliance with any affirmative requirement set forth in the dispositional orders entered by the Court and
(b)
The Tribe shall bear the burden of showing, by a preponderance of the evidence, that the child or the childs parent, guardian or caretaker has engaged in any conduct prohibited by the dispositional orders entered by the Court.
H.
Dispositional orders - duration and termination.
(1)
Dispositional orders entered by the Court shall continue in force for not more than one year, unless they are extended in accordance with the provisions of this article.
(2)
The Court may terminate a dispositional order prior to its expiration if it appears to the Court, following a hearing conducted upon its own motion or the motion of any party, that the purposes of the dispositional order have been accomplished.
(3)
With the exception of an order requiring the child to pay restitution, all dispositional orders affecting the child shall automatically terminate, and the child shall be discharged from any further obligations in connection with the delinquency proceedings, when the child reaches 21 years of age.
I.
Disposition orders - modification or extension.
(1)
Following a modification hearing conducted upon its own motion or the motion of any party, the Court may modify or extend its disposition orders if the Court finds by clear and convincing evidence that such modification or extension is necessary to accomplish the purposes of the orders to be modified.
(2)
The modification hearing shall be held:
(a)
Within 10 days of the detention hearing, if the child was taken into custody as the result of an alleged violation of a dispositional order, and has not been released or
(b)
Within 30 days of the filing of the motion for modification, if the child was not taken into custody as the result of an alleged violation of a dispositional order, or has been released.
(3)
Where the modification hearing is to be held upon the motion of the Court, notice of the modification hearing shall be accompanied by a statement of the specific facts upon which the motion for modification is based.
(4)
In making the determination for modification, the Court may consider:
(a)
The extent to which the child and the childs parent, guardian or caretaker have complied with any disposition orders previously entered by the Court
(b)
Evidence that the child has committed a subsequent delinquent act
(c)
Changes in treatment or other recommendations relied upon by the Court in entering the orders to be modified and
(d)
Any other material changes in the circumstances of the child or the childs family, parent, guardian or caretaker.
(5)
All modified dispositional orders shall be subject to the requirements of this article for orders on disposition.
(6)
An extension ordered in accordance with the provisions of this section shall not exceed six months from the expiration of the prior order, and in no event shall the duration of a disposition order be extended:
J.
Disposition orders - violations.
(1)
The violation of a disposition order shall be reported to the Prosecutor, who may file a motion for modification.