Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-170 | 2020
A.
In all proceedings alleging the delinquency of a child under this article, the child has a right to be represented by legal counsel. Pursuant to guidelines utilized by the Menominee Tribal Courts, the Court shall appoint legal counsel for the child and those appointed shall serve the child with compensation as authorized by the Court.
B.
The Court shall advise the child before the Court of his/her basic legal rights under this chapter at each separate appearance and advise the child of their continuing rights for the duration of the Court proceedings.
C.
A child alleged to be a delinquent child shall, from the time of being detained and/or taken into custody be advised of his/her right to remain silent. The child shall not be questioned except to determine identity and to determine the name of the childs parent(s), guardian(s) or caretaker(s). While the child is in a detention facility, he/she shall not be questioned without the presence of a parent(s), guardian(s), caretaker(s), and/or legal counsel.
D.
In a proceeding on a petition, a child is entitled to the opportunity to introduce evidence and be heard, to confront and cross-examine witness(es) testifying against him/her, and to admit or deny the allegations in the petition.
E.
In a proceeding on a petition:
(1)
An out-of-Court statement that would be inadmissible in a criminal matter shall not be admitted into evidence upon objection by the child.
(2)
Evidence seized or obtained illegally shall not be admitted into evidence to prove the allegations against a child upon objection by the child.
(3)
An admission or confession made by the child is insufficient to support a finding that the child committed the act(s) alleged in the petition unless it is corroborated by other evidence or stipulated admission.
F.
A child shall not be fingerprinted, photographed, genetically tested for criminal identification purposes except by order of the Court. If ordered, the fingerprints or photographs, or genetic test shall be used only as specified by the Court. Any person who willfully violates the provisions of this section shall be subject to sanctions by the Court, including fines not to exceed $500.
G.
In all proceedings on a petition alleging delinquency in those instances specified under other provisions of this chapter, the Court shall make a preliminary finding on the issue of whether the childs interests are not adequately represented by the parties and shall appoint a guardian ad litem to represent the interests of the child.
H.
The Court, at any state of a proceeding shall appoint a guardian ad litem for a child if the child has no parent(s), guardian(s) or caretaker(s) appearing on behalf of the child or if his/her interests conflicts with those of his/her parent(s), guardian(s) or caretaker(s). A party to the proceedings, or an employee or representative of a party, shall not be appointed as guardian ad litem.
I.
The Court shall appoint a temporary guardian for a child if the Court determines that the child does not have a parent or a legally appointed guardian in a position to exercise effective guardianship. No officer or employee or an agency that is vested with legal custody of the child shall be appointed guardian of the child except when parental rights have been terminated and the agency is authorized to place the child for adoption.
J.
Any offense similarly alleged in a petition for criminal proceedings or other actions in the adult Court are barred if the Court has initiated separate proceedings. A civil proceeding may be subsequently initiated to address restitution.