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  • § 278-175. Disposition.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-175

    A.  Time limit. The disposition hearing shall be held: (1)  Within 10 days of the fact-finding hearing, if the child was taken into custody and has not been released or (2)  Within 30 days of the fact-finding hearing, if the child was not taken into custody or has been released. B. ...

  • § 278-176. Damages to or destruction of property by child; parental liability; costs and attorneys' fees; damages and restitution.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-176

    A.  Any person may recover damages in a civil action, from the parent(s), guardian(s) or caretaker(s) of a child upon proof by clear and convincing evidence that the child maliciously or willfully injured a person(s) or damaged or destroyed property, real or personal, belonging to the person...

  • § 278-177. Motor vehicle violations.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-177

    A.  The following violations are deemed a delinquent act: (1)  Driving while under the influence of intoxicating liquor or drugs (2)  Failure to stop or leaving the scene of an accident causing death or personal injuries (3)  Fleeing an officer through use of a motor vehicle...

  • § 278-185. Noncriminal nature; nonadmissibility.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-185

    A judgment in proceedings on a petition under this article shall not be deemed a conviction of a crime nor shall it impose any civil disabilities ordinarily resulting from conviction of a crime, nor shall it operate to disqualify the child from participating in any Menominee Tribe program or...

  • § 278-184. No contact orders; special considerations.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-184

    A.  An order prohibiting or restricting contact between a child and a member of the childs immediate or extended family shall be narrowly tailored, and the scope and terms of such an order shall be appropriately limited, to protect the safety of the child and the childs family. B.  Before...

  • § 278-183. Least restrictive alternatives.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-183

    A.  When a child is detained or subject to conditional or supervised release pursuant to the provisions of this article, the Court shall order only the least restrictive conditions or placement consistent with: (1)  The best interests of the child and (2)  The safety of the community....

  • § 278-182. Adoption and safe families compliance.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-182

    A.  Before entering an order authorizing detention, the Court shall determine, on a case-by-case basis: (1)  Whether continuation in the home of the childs parent, guardian or caretaker is contrary to the childs welfare and (2)  Whether there are available services that would prevent or...

  • § 278-181. Interrogation.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-181

    A.  Interrogation and custodial interrogation - definitions. For the purposes of this article: (1)  An "interrogation" occurs whenever a law enforcement officer or other official asks a child a question, or subjects a child to any words or actions, that the law enforcement officer...

  • § 278-180. Failure to appear.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-180

    A.  In all delinquency proceedings conducted pursuant to the provisions of this article: (1)  If a child 16 years of age or older fails to appear before the Court after being so ordered: (a)  Upon a first or subsequent failure to appear, the Court may: [1]  Issue a new summons and...

  • § 278-179. Admissibility of evidence.

    Statutes | Menominee Tribal Code Part II Chapter 278 Article XII § 278-179

    A.  In any proceedings on a delinquency petition brought under the provisions of this chapter: (1)  No out-of-Court statement which would be inadmissible in criminal proceedings before the Court shall be admissible to establish the allegations of the delinquency petition (2)  No...