Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-171 | 2020
A.
Where a child who has been detained, and not released, a hearing shall be held within 24 hours, excluding Saturdays, Sundays and Court holidays from the filing of a petition to determine whether continued detention is required.
B.
Written notice of the hearing stating the time, place and purposes shall be given to the person designated by the Court and served to the childs parent(s), guardian(s), caretaker(s) or spouse, if any, and the child who is alleged to have committed the delinquent act(s).
C.
At the commencement of the hearing, Court shall advise the child of their basic legal rights pursuant to this chapter.
D.
At the hearing all relevant and material evidence helpful in determining the need for detention may be admitted by the Court even though it would be otherwise inadmissible in a hearing on the petition.
E.
If the Court finds the childs detention is appropriate the child shall not be released and shall remain in detention. Law enforcement or the detention officer shall immediately return the child to a juvenile detention facility.
F.
Detention shall be ordered based on the existence of probable cause, pursuant to the following criteria, if:
(1)
The child will commit injury to persons or property of others, or cause injury to himself/herself or be subject to injury by others
(2)
The child has no parent(s), guardian(s), caretaker(s) or other person able to provide adequate supervision and care for the child
(3)
The child will run away or be taken away so as to be unavailable for proceedings of the Court or its officer
(4)
The childs parent has relinquished custody of the child
(5)
The child has committed a delinquent act and there is a substantial risk of physical harm to another or running away
(6)
The child is a fugitive from another jurisdiction or runaway from a juvenile correctional facility and there was no reasonable opportunity to return the child
(7)
A protective order was issued and the child consents in writing to the custody
(8)
The child ran away or committed a delinquent act while in nonsecure custody and no other suitable alternative exists
(9)
The child is alleged or adjudicated delinquent and is a runaway from another jurisdiction and would runaway from nonsecure custody or
(10)
The child is subject to adult criminal Court jurisdiction and is under 15 years of age.
G.
If the Court finds that detention of the child is not appropriate, the Court shall order the immediate release of the child, but in so doing, may order one or more of the following conditions:
(1)
The child shall be returned to the parent(s), guardian(s), caretaker(s) or relative to supervise the child.
(2)
Place restrictions on the childs travel, or association with other persons or place of residence during the time of release.
(3)
Impose any other conditions deemed reasonably necessary and consistent with this chapter, including a condition requiring that the child return to custody if required.
H.
An order releasing a child on any condition in this section may at any time be amended by Court order to impose additional or different condition(s) of release or to return the child to custody or detention for failure to conform to the conditions originally imposed. The release agreement to have the child returned to the Court when requested shall be signed by the child, parent, guardian or caretaker.