Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-169 | 2020

A. 
At any time after the filing of the delinquency petition, but prior to a fact-finding hearing, the Tribe and the child may agree to move the Court for a consent decree.
B. 
The motion for consent decree shall propose particular conditions, which may include any of the options specified in § 278-167, Deferred prosecution and diversion programs, of this article, to be fulfilled by the child and the childs parent, guardian or caretaker over a period specified in accordance with the provisions of this section.
C. 
The motion for the consent decree shall include a statement by the child that contains an acknowledgment of his or her rights under the provisions of this article, and a waiver of the time limits for a fact-finding hearing set forth in this article, and entering the consent decree is contingent upon the child entering a plea of admission or no contest.
D. 
Order on motion for consent decree.
(1) 
The Court shall grant the motion for a consent decree only upon finding, after inquiring of both the child and legal counsel for the child, that the child:
(a) 
Fully understands his or her rights under the provisions of this article
(b) 
Has voluntarily, intelligently, and knowingly has entered a plea of admission or no contest and waived the time limits for a fact-finding hearing and disposition set forth in this article and
(c) 
Fully understands the conditions to be imposed.
(2) 
Subject to the provisions of Subsection D(1), the Court shall grant the motion for consent decree unless the Court finds that the proposed conditions are unreasonable, excessive or insufficient, considering:
(a) 
The nature and seriousness of the allegations
(b) 
The needs of the child and
(c) 
The safety of the community.
(3) 
Upon granting the motion for consent decree, the Court shall enter a written order setting forth:
(a) 
The findings required under this section
(b) 
The conditions to be fulfilled by the child and the childs parent, guardian or caretaker during the consent decree and
(c) 
The duration and ending date of the consent decree.
(4) 
Upon denying the motion for a consent decree, the Court:
(a) 
Shall enter a written order setting forth the findings required under this section and
(b) 
May propose alternative conditions to be considered by the parties.
E. 
Consent decree initial period. The initial period of a consent decree:
(1) 
Shall be specified in both the motion and order for consent decree
(2) 
Shall be limited to the period of time reasonably necessary for the fulfillment of the conditions contained within the consent decree
(3) 
Shall not exceed six months, except as provided in Subsection E(4) and
(4) 
May exceed six months, but shall not exceed one year, where the order for consent decree includes specific findings by the Court that:
(a) 
Due to treatment recommendations or similar considerations, fulfillment of the conditions will require a longer consent decree and
(b) 
The purposes of the consent decree cannot be accomplished by the imposition of alternative conditions requiring a shorter consent decree.
F. 
Consent decree - review hearings.
(1) 
Upon entering an order for consent decree, the Court shall set a review hearing to determine whether the child and the childs parent, guardian or caretaker have fulfilled the conditions of the consent decree.
(2) 
Prior to the ending date of the consent decree, the Court may set one or more interim review hearings to monitor compliance with or fulfillment of the conditions contained within the consent decree.
(3) 
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 consent decree 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 consent decree order.
G. 
Consent decree - fulfillment of conditions.
(1) 
If the child and the childs parent, guardian or caretaker fulfill the conditions of the consent decree, the Court shall, no later than the ending date of the consent decree, enter a written order:
(a) 
Dismissing the delinquency petition with prejudice and
(b) 
Releasing the child from any restrictions or other conditions or obligations previously imposed by the Court.
(2) 
If the child or the childs parent, guardian or caretaker does not fulfill the conditions of the consent decree, the Court may enter a written order:
(a) 
Continuing the review hearing to allow additional time for the child or the childs parent, guardian or caretaker to fulfill the conditions
(b) 
Modifying the conditions of the consent decree
(c) 
Extending the consent decree for an additional period not to exceed three months or
(d) 
Revoking the order for consent decree and setting the case for disposition in accordance with the provisions of this article.
(3) 
The Court shall not enter an order extending the consent decree or modifying the conditions unless the child, after consulting with and being advised by legal counsel, consents to the proposed extension or modification.