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  • 202.010 Definitions

    Statutes | Confederated Tribes of Warm Springs Tribal Code Chapter 202 § 202.010

    &ldquoComplaint&rdquo means a written statement sworn to by a complaining witness charging that a named person has committed a particular criminal offense. &ldquoProbable Cause&rdquo means a reasonable belief an offense has been committed and the accused person did commit the act....

  • 200.810 Effect of Restitution Order on Other Remedies of Recipient of Restitution

    Statutes | Confederated Tribes of Warm Springs Tribal Code Chapter 200 § 200.810

    Nothing in WSTC 200.800 or 200.805 shall limit or impair the right of a person injured by another to sue and recover damages from that person in a civil action. However, if that person should obtain a judgment, the defendant in that action shall be entitled to a credit for any restitution paid to...

  • 200.805 Factors Considered in Ordering Restitution

    Statutes | Confederated Tribes of Warm Springs Tribal Code Chapter 200 § 200.805

    In determining whether to order restitution which is complete, partial or nominal, the Court shall take into account: The financial resources of the person paying restitution and the burden that payment of restitution will impose The ability of the person owing restitution to pay...

  • 200.800 Restitution Order

    Statutes | Confederated Tribes of Warm Springs Tribal Code Chapter 200 § 200.800

    In any case before the Tribal Court in which the Court is authorized to order one of the parties to make restitution to any person, the Court, if it orders restitution, shall do so in accordance with the provisions of WSTC 200.800 through 200.810. Restitution shall mean full, partial or nominal...

  • 200.010 Definitions

    Statutes | Confederated Tribes of Warm Springs Tribal Code Chapter 200 § 200.010

    &ldquoIndian&rdquo means, unless otherwise specified, a member of the Confederated Tribes of the Warm Springs Reservation of Oregon, or any other person of Indian blood who is a member of a federally recognized Indian Tribe or any other person on the Reservation who is recognized by the...

  • 4-2-20 Child in Need of Supervision– Hearings and Disposition

    Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-2 § 4-2-20

    (a) Conduct of Hearings  Child-in-need-of-supervision hearings shall be conducted by the Juvenile Court separate from other proceedings.  At all hearings, the child and the childs family, guardian or custodian shall have the applicable rights listed in chapter 4-2-8 of this Code.  The...

  • 4-2-19 Child in Need of Supervision– Peacegiving Court 

    Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-2 § 4-2-19

    (a) Availability of Peacegiving Court  At any time after the filing of a petition alleging that a child is in need of supervision, and before the entry of a disposition order, the Court may, on motion of the juvenile presenter or that of counsel for the child, suspend the proceedings and refer...

  • 4-2-17 Child in Need of Supervision– Interim Care

    Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-2 § 4-2-17

    (a) Limitation on Taking Into Custody  No child who is alleged to be a child in need of supervision may be taken into custody unless such taking into custody is in accordance with provision for "interim care set forth in this section.  (b) Interim Care Without Court Order  A child...

  • 4-11-15 Severability

    Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-11 § 4-11-15

    If a court of competent jurisdiction holds any provision of this Code invalid, the invalid portion will be severed and the remaining provisions shall continue in full force and effect.

  • 4-11-14 Sovereign Immunity Intact

    Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-11 § 4-11-14

    Nothing in this Code is to be construed to create a cause of action for violation of its provisions or to be construed as a waiver of the sovereign immunity of the Tribes.