Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-162 | 2020

A. 
A law enforcement officer taking a child into temporary custody shall, with all reasonable speed:
(1) 
Release the child to parent(s), guardian(s) or caretaker(s) and issue verbal counsel or warning as may be appropriate or
(2) 
Release the child to the parent(s), guardian(s) or caretaker(s) upon a written agreement to bring the child before the Court when requested or
(3) 
Deliver the child to the Department or to a detention facility.
B. 
If the child is believed to be suffering from a serious physical or mental condition or illness which requires either prompt treatment and/or diagnosis, the child shall be transported to a medical facility.
C. 
If a child is taken into custody and is not released, law enforcement shall give written notice to the parent(s), guardian(s) or caretaker(s) by delivering notice to the childs normal place of residence, no later than 72 hours, and shall provide reason(s) for not releasing the child from custody.
D. 
An alleged delinquent child may be detained:
(1) 
In a detention facility approved by the Court or
(2) 
Any suitable place designated by the Court that meets the definition for detention facilities under this chapter.
E. 
Law enforcement shall deliver the alleged delinquent child either to the Department or to a detention facility. Unless detention of the child has already been ordered by the Court, the Department, prior to placing the child in detention, shall review the need for detention and shall release the child from custody unless detention is appropriate under the criteria established by this chapter. If detention appears inappropriate, the Department shall request the Court to review its decision.
F. 
A child alleged to be delinquent shall not be detained in a jail or other facility intended or used for the incarceration of adults.
G. 
A child under the age of 10 years of age shall not be committed to a detention facility but shall be delivered to the Department who shall assess the child based on his/her observations for the following:
(1) 
The childs home environment for the ability of a responsible adult person.
(2) 
The current emotional stability of the child.
(3) 
The physical condition(s) of the child.
(4) 
The nature of the allegation(s).
(5) 
The suitable place to alleviate placement in a detention facility.
(6) 
Determine whether or not dependency, CHIPS, or JIPS action is appropriate.
(7) 
Potential for violent behavior by the child.