§ 278-165. Petition filing and dismissal.

Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-165

A.  A petition shall be filed by the Prosecutor with the Court within 48 hours of receiving the arrest report from Department, excluding Saturdays, Sundays and Court holidays, and, if not filed within the stated time, the child shall be released. B.  If a child is detained and further...

§ 278-166. Petition; form and content; service.

Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-166

A.  Form and content. A petition initiating any proceeding under this article shall be captioned "Menominee Tribal Court," "Menominee Indian Reservation" and entitled, "In the interest of _____, DOB: _____ and shall set forth with specificity: (1)  The facts necessary to...

§ 278-167. Deferred prosecution and diversion programs.

Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-167

In lieu of filing a petition, the Prosecutor, the Department, the child and the parent(s), guardian(s) or caretaker(s) may enter into a deferred prosecution agreement and/or participate in a diversion program such program shall be monitored by the Department. A.  The diversion agreement shall...

§ 278-168. Initial appearance/plea hearing.

Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-168

A.  A petition alleging that a child is an alleged offender shall be dismissed with prejudice if an initial appearance/plea hearing is not held within: (1)  Ten calendar days from the date the petition is filed when a child is in custody or (2)  Thirty calendar days from the date the...

§ 278-169. Consent decree.

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

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...

§ 278-170. Basic Rights.

Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-170

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...

§ 278-171. Detention hearing required for detained child; Court determination and disposition.

Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-171

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...

§ 278-172. Transfer to adult Court; hearing.

Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-172

A.  After a petition has been filed alleging a delinquent act, the Court may, before a hearing on the merits, transfer the matter for prosecution to the adult Court after a transfer hearing, if: (1)  The Prosecutor files a motion to transfer to the adult Court, upon the filing of the motion...

§ 278-173. Fact-finding hearings.

Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-173

A.  Hearing on petitions shall be conducted by the Court separate from other proceedings without a jury. The proceedings shall be recorded. B.  All hearings shall be closed to the general public except after a finding of exceptional circumstances the Court in its discretion deems it...

§ 278-174. Disposition report.

Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-174

A.  The Court shall order the Department to prepare a dispositional study including evaluations, assessments, and dispositional reports, which shall be submitted to all parties a minimum of five business days prior to the hearing. Such report shall include information of the child, his/her...