Tribal Code

Juvenile code

WARM SPRINGS TRIBAL CODE

CHAPTER 360

JUVENILES

Table of contents

I. GENERAL
360.105 Objective
360.110 Definitions
360.115 Jurisdiction
360.120 Juvenile Prosecutor
360.125 Representation
360.130 Hearings
360.135 Commitment
360.140 Statute of Limitations

II. DELINQUENT JUVENILES
360.200 Procedure for Delinquency Cases
360.205 Petition that Juvenile is Delinquent Juvenile
360.210 Informal Resolution of Delinquency Cases
360.215 Disposition for Delinquency Cases
360.220 Remand to Tribal Court

III. JUVENILES IN NEED OF SUPERVISION
360.300 Juvenile in Need of Supervision
360.305 Curfew
360.310 Juvenile in Possession of Alcohol or Tobacco
360.315 Firearms
360.320 Procedure for Supervision Cases
360.325 Petition that Juvenile is Juvenile in Need of Supervision
360.330 Informal Resolution of Supervision Cases
360.335 Disposition for Supervision Cases

IV. NEGLECTED OR ABUSED JUVENILES
360.400 Procedure for Dependency Cases
360.405 Petition that Juvenile is Neglected or Abused Juvenile
360.410 Jurisdictional Hearing for Dependency Cases
360.415 Ward of the Juvenile Court
360.420 Disposition for Dependency Cases
360.425 Commitment of Ward to Custody of Children’s Protective Services
360.430 Placement for Dependency Cases
360.435 Permanent Custody
360.440 Off-Reservation Enforcement
360.445 Title IV-E Funding Agreements

V. INDIAN CHILD WELFARE ACT PROCEEDINGS
360.500 Applicability of Indian Child Welfare Act
360.505 Receipt of Notice
360.510 Investigation and Pre-Transfer Report
360.515 Transfer or Intervention
360.520 Acceptance of Transfer
360.525 State Court Record
360.530 Transfer Hearing
VI. EMANCIPATION
360.600 Decree
360.605 Effect of Decree
VII. MISCELLANEOUS
360.700 Traffic Offenses
360.705 Compulsory School Attendance
360.710 Support Obligation
360.715 Juvenile Records

WARM SPRINGS TRIBAL CODE

CHAPTER 3601

JUVENILES

I. GENERAL

360.105 Objective. The Juvenile Court shall handle all cases dealing with juveniles, including dependency, delinquency, supervision, and emancipation cases. With respect to juvenile delinquency and supervision cases, the goal of the Juvenile Court shall be rehabilitation, guidance, and accountability. The Juvenile Court, in determining the appropriate disposition of each juvenile delinquency and supervision case, shall endeavor to select the alternative that is the least restrictive upon the juvenile consistent with the goal of rehabilitation. With respect to juvenile dependency cases, the goal of the Juvenile Court shall be to safeguard and promote each child’s right to safety, stability, and well-being. The Juvenile Court, in determining the appropriate disposition for each dependency case, shall endeavor to ensure that a child is free from physical, sexual, or emotional abuse or exploitation and from substantial neglect of basic needs, and that parents and guardians are given the opportunity to remove any impediments to their ability to perform parental duties that allow a child to live free of abuse, exploitation, and neglect.

360.110 Definitions.2

  1. “Assisted Guardianship” means a guardianship arrangement through which the appointed legal guardian qualifies for and receives financial assistance through Title IV, Part E of the Social Security Act, and through which the juvenile remains a ward of the Juvenile Court for the duration of the guardianship.
  2. “Delinquent Juvenile” means any juvenile who commits an act that would constitute a criminal violation if committed by an adult.
  3. “Detention facility” means a facility suitable for the safekeeping of a juvenile who is taken into custody or deprived of his or her liberty pursuant to this chapter under circumstances requiring the juvenile to be kept in secure custody.
  4. “Emancipation” means that a juvenile shall be recognized as an adult for the purposes of the criminal laws of the Tribe, as well as for the purposes of contracting and conveying, receipt of Tribal dividends, establishing a residence and suing and being sued. It also means that the parents’ legal duty to support the juvenile shall be terminated.
  5. “Guardian” means the person having legal custody of a juvenile.
  6. “Indian” means a member of the Tribe, 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 community as an Indian.
  7. “Children’s Protective Services” means the Tribe’s child welfare agency, or its successor agency.
  8. “Juvenile” means any unmarried Indian, male or female, who is under the age of eighteen (18) years. For the purposes of cases involving Neglected or Abused Juveniles, the term “juvenile” shall include any person under the age of eighteen
    (18) who is eligible for enrollment as a member of the Tribe.
  9. “Juvenile Court” means the Warm Springs Tribal Court when exercising jurisdiction under this Chapter.
  10. “Juvenile in Need of Supervision” means any juvenile who behaves or acts in a manner that violates WSTC 360.300.
  11. “Juvenile Judge” means any duly appointed judge of the Warm Springs Tribal Court when exercising jurisdiction under this Chapter.
  12. “Juvenile Prosecutor” means any person appointed or designated by the Tribe to carry out the duties and responsibilities set forth in this Chapter, or such person’s designee.
  13. “Legal custody” means a relationship created by order of the Juvenile Court that invests in a custodian any or all of the following duties and authorities subject to the supervision of the Juvenile Court: (a) To have physical custody and control of the juvenile; (b) To supply or authorize the supplying of food, clothing, shelter, education, medical or dental care, discipline, or other necessities for the juvenile; (c) To make or authorize or consent to decisions involving the juvenile’s behavior, health, safety, welfare, and morals, except decisions of major legal significance which shall be made by the Juvenile Court.
  14. “Neglected or Abused Juvenile” means any juvenile whose parent, guardian, or any other person having custody of the juvenile has: (a) Abandoned the juvenile; (b) Not provided to the juvenile adequate or necessary food, clothing, housing, education, medical, supervision, maintenance or other care, including any special care made necessary by the mental or physical condition of the juvenile, to the detriment of the juvenile’s health, welfare, safety, or morals; (c) Physically, mentally, or sexually abused the juvenile per WSTC 305.135 or WSTC 305.345; or (d) Created, allowed, or failed to remedy a situation or occupation that causes or threatens to cause injury to the health, safety, welfare, or morals of the juvenile.
  15. “Reservation” means the Warm Springs Reservation.
  16. “Resides” or “Resident” when used with reference to the residence of a juvenile, means the place where the juvenile himself or herself actually resides and does not mean a legal residence or domicile of his or her parent or guardian.
  17. “Shelter Care Facility” means a facility suitable for the safekeeping of a juvenile who is taken into custody or deprived of his liberty pursuant to this Chapter under circumstances not requiring the juvenile to be kept in secure custody.
  18. “Substitute Care” means an out-of-home placement directly supervised by Children’s Protective Services, including placement in a foster home, group home, or other institution or facility that cares for juveniles.
  19. “Tribe” means The Confederated Tribes of the Warm Springs Reservation of Oregon.
  20. “Tribal Court” means the adult court of the Tribe.
  21. “Youth” means an Indian who is over the age of eighteen years and under the age of twenty-one years. For the purposes of cases involving Neglected or Abused Juveniles, the term “youth” shall include any person over the age of eighteen years and under the age of twenty-one years who is eligible for enrollment as a member of the Tribe.

360.115 Jurisdiction.

  1. Original Jurisdiction. The Juvenile Court shall have original jurisdiction in any case involving a juvenile who is or is alleged to be a Delinquent Juvenile, a Juvenile in Need of Supervision, or a Neglected or Abused Juvenile, or who is the subject of a petition for emancipation filed pursuant to WSTC 360.600. In the event that a juvenile commits an offense and reaches the age of majority before the offense is adjudicated by the Juvenile Court, the Juvenile Court shall have jurisdiction over that person for the purpose of adjudicating cases involving offenses committed when the person was a juvenile.
  2. Continuing Jurisdiction. The Juvenile Court may retain continuing jurisdiction over a juvenile within its jurisdiction for as long as the Juvenile Court deems necessary for the rehabilitation of the juvenile. During such time of continuing jurisdiction the Court may conduct one or more review hearings and may enter such orders as it deems appropriate for the care, custody, control, and rehabilitation of the juvenile. The Juvenile Court may retain jurisdiction over a youth if the case commenced when the youth was a juvenile, and if the youth continues to participate in a court-ordered program after his or her eighteenth birthday.
  3. Exclusive Jurisdiction. The Juvenile Court shall have exclusive jurisdiction in any case involving a juvenile who is domiciled on or a resident of the Reservation and is before a state court in a child custody proceeding pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1911(a).
  4. Transfer Jurisdiction. The Juvenile Court shall have transfer jurisdiction in any case involving a juvenile who is not domiciled on or a resident of the Reservation and is before a state court in a child custody proceeding pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1911(b), in which transfer jurisdiction must be requested and accepted.

360.120 Juvenile Prosecutor. The Juvenile Prosecutor’s duties shall include, but are not limited to, the following:

  1. Receive information regarding juveniles and make investigations as provided in this Chapter;
  2. Conduct informal resolution mediations and enter into informal resolution agreements as provided in WSTC 360.210 and WSTC 360.330;
  3. Present cases to the Juvenile Court regarding Delinquent Juveniles, Juveniles in Need of Supervision, and Neglected or Abused Juveniles on behalf of the Tribe;
  4. Perform such other duties as the Tribe may require.

360.125 Representation. 3 In all proceedings under this Chapter other than delinquency cases under Part II of this Chapter, the juvenile shall have the right to be represented by a spokesperson or court advocate in accordance with the provisions of Chapter 200 of the Warm Springs Tribal Code, and shall also be entitled to be represented by an attorney retained by the juvenile, his or her parent, parents, guardians, or custodian at their own expense. In delinquency cases under Part II of this Chapter, a juvenile subject to a delinquency petition shall be entitled to representation by a spokesperson, advocate, or attorney for the duration of the delinquency proceeding to the same extent that adults subject to criminal proceedings in Tribal Court are entitled to representation by a spokesperson, advocate, or attorney. The Juvenile Judge shall appoint a spokesperson, advocate, or attorney for an eligible juvenile in the same manner that the Tribal Court appoints a spokesperson, advocate, or attorney for a criminal defendant.

360.130 Hearings. All hearings conducted under this Chapter shall be closed to the public and no person other than the juvenile, his or her parent, parents, or legal guardian, spokesperson, attorney, Juvenile Prosecutor, Children’s Protective Services, necessary witnesses, and court personnel shall be allowed to attend except by permission of the Juvenile Judge. A person serving as a placement for the juvenile may attend hearings conducted under this Chapter only with permission of the Juvenile Judge.

360.135 Commitment. The Juvenile Court shall have broad discretionary power with respect to commitment of any juvenile within its jurisdiction. Unless otherwise provided in this Chapter, the Juvenile Court may commit a juvenile within its jurisdiction to any of the following, subject to such terms and conditions as the Juvenile Court deems appropriate:

  1. To the care of the juvenile’s parents, or either of them, with or without supervision of a probation officer;
  2. To a guardian appointed by the Juvenile Court;
  3. To a suitable Detention Facility, Shelter Care Facility, school, hospital, or institution.

360.140 Statute of Limitations. The statute of limitations for all offenses for which a juvenile is charged under Part II of this Chapter shall be the same as the statute of limitations for criminal offenses as set forth in Chapter 202 of the Warm Springs Tribal Code. For all violations of WSTC 360.300, no petition shall be filed unless the alleged violation has occurred within one year prior to the date of filing.

II. DELINQUENT JUVENILES

360.200 Procedure for Delinquency Cases.

  1. Initiation of Delinquency Case. If a Warm Springs Police Department officer has probable cause to believe that a juvenile is a Delinquent Juvenile, the officer shall either issue a citation and release the juvenile to the juvenile’s parent, guardian, or other responsible adult; or shall seek to detain the juvenile in an appropriate Detention Facility if the officer has good cause to believe that protective custody of the juvenile in a Detention Facility is necessary to protect the health, safety, welfare, or morals of the community or the juvenile or to secure the juvenile’s appearance before the Juvenile Court. If the officer picks up a juvenile pursuant to a warrant or pickup order issued by the Juvenile Court, the officer shall contact the on-call judge and shall follow the on-call judge’s instructions as to whether to issue a citation and release the juvenile or detain the juvenile. (a) If the officer cites and releases the juvenile, the officer shall provide the juvenile with a citation that includes a notice to meet with the Juvenile Prosecutor to discuss a possible informal resolution pursuant to WSTC 360.210. Upon issuing a citation, the officer shall immediately transmit a copy of the citation and a copy of the police report to the Juvenile Prosecutor. (b) If the officer seeks to detain the juvenile in a Detention Facility, the officer shall obtain the permission of the on-call judge to detain the juvenile. Upon receiving permission from the on-call judge, the officer shall issue a citation specifying that a custody hearing will be held pursuant to subsection (3) and shall transport the juvenile to an appropriate Detention Facility. The officer shall immediately transmit a copy of the citation and the police report to the Juvenile Prosecutor.
  2. Notice. (a) Upon detaining a juvenile under subsection (1)(b), the officer conducting the removal shall immediately serve a copy of the citation on the juvenile’s parent, parents, or legal guardian providing notice of a custody hearing to be held in accordance with subsection (3) if the parent, parents, or legal guardian is present at the time that the juvenile is detained or is easily accessible. If the parent, parents, or legal guardian is not present or easily accessible, the officer shall make reasonable attempts to notify the parents of the hearing until the time of the hearing. Methods of reasonable attempts to notify the parents may include, but are not limited to, phone, electronic communication, or personal service. (b) In the event that the Juvenile Prosecutor files a petition after an unsuccessful informal resolution process or requests a postponement before a proceeding has commenced, the Juvenile Prosecutor shall provide notice to the juvenile and his or her parent, parents, guardian, or any other person having actual physical custody of the juvenile to appear in Juvenile Court for an admit/deny hearing held in accordance with subsection (6) at the time and place specified in the notice. The notice shall be served in the same manner as notice in a civil action under Chapter 200 of the Warm Springs Tribal Code. (c) For all other hearings conducted pursuant to this Part II, the Juvenile Judge or Clerk of the Juvenile Court shall issue a notice, which may be in the form of a summons, directing the juvenile, his or her parent, parents, guardian, or any other person having actual physical custody of the juvenile, to appear in Juvenile Court for a hearing at the time and place specified in the notice. The notice shall be served in the same manner as notice in a civil action under Chapter 200 of the Warm Springs Tribal Code.
  3. Custody Hearing. Upon receiving a copy of the citation and report issued pursuant to subsection (1)(b), the Juvenile Prosecutor shall schedule a custody hearing with the Juvenile Court. The Juvenile Court shall hold the custody hearing within one (1) working day after the juvenile is taken into custody, unless extraordinary circumstances prevent the Juvenile Court from holding a hearing within that time frame, in which case the Juvenile Court must hold a custody hearing no later than three (3) working days after the juvenile is taken into custody. The Juvenile Judge shall give such custody hearings priority over all other judicial proceedings. At the custody hearing, the Juvenile Judge shall determine whether probable cause exists to detain the juvenile in an appropriate Detention Facility, and shall enter a placement order pending the filing of a petition or further proceeding in the case. The Juvenile Judge shall not place the juvenile in a Detention Facility unless the Juvenile Judge finds that such placement is necessary to protect the best interests of the juvenile or the Tribe. If the Juvenile Judge determines that probable cause does not exist to detain the juvenile, the Juvenile Judge shall: (a) Order the Juvenile Prosecutor to proceed with informal disposition under WSTC 360.210, (b) Order the Juvenile Prosecutor to proceed with filing a petition in the event that no petition was filed prior to the custody hearing, or (c) Proceed with an admit/deny hearing pursuant to subsection (6) if a petition was filed prior to the custody hearing.
  4. Filing of Petition. If a juvenile is detained or if the Tribe and the juvenile have failed to reach an informal resolution, the Juvenile Prosecutor shall prepare a written petition with the Juvenile Court that conforms with WSTC 360.205, in addition to a separate complaint for each offense. If the juvenile has been detained pursuant to subsection (1)(b), the Juvenile Prosecutor shall file the petition with the Juvenile Court in advance of the custody hearing to the extent practicable, but no later than one working day after the custody hearing. The Juvenile Judge may allow the Juvenile Prosecutor to file a petition later than one working day after a custody hearing resulting in detention of the juvenile if extraordinary circumstances exist that prevent the filing of the petition within one (1) working day, but in no event shall the Juvenile Judge permit the petition to be filed later than three (3) working days after the custody hearing. If the juvenile is not detained in a Detention Facility, the Juvenile Prosecutor shall file a petition as soon as practicable after the failure to reach an informal resolution, or by
    the deadline ordered by the Juvenile Court at a custody hearing pursuant to subsection (3)(b).
  5. Abeyance for Informal Resolution. At any point after the petition is filed, the Juvenile Judge may abey the case for a set period of time not to exceed eleven (11) months for informal resolution under WSTC 360.210.
  6. Admit/Deny Hearing. The Juvenile Court shall hold a hearing at which the juvenile is given the opportunity to admit or deny the allegations set forth in the petition no later than thirty (30) days after the filing of the petition. In the event that the Juvenile Prosecutor files the petition in advance of the custody hearing, the Juvenile Court may hold the admit/deny hearing at the same time as the custody hearing. (a) In the event that the juvenile admits the allegations set forth in the petition and complaint(s), the Juvenile Court must hold a disposition hearing pursuant to WSTC 360.215. The disposition hearing may be held at the same time as the admit/deny hearing or at a separate hearing, but in no event shall the disposition hearing be held more than sixty (60) days after the filing of the petition. (b) In the event that the juvenile denies the allegations set forth in the petition, the Juvenile Court shall set an adjudication hearing pursuant to subsection (7). The adjudication hearing must be held no later than sixty (60) days after the filing of the petition.
  7. Adjudication Hearing. At the adjudication hearing, the juvenile shall be entitled to all rights and safeguards afforded to adult defendants in criminal cases except the right to a jury trial. The Juvenile Prosecutor must prove beyond a reasonable doubt that the juvenile is a Delinquent Juvenile pursuant to WSTC 360.110(2). If the Juvenile Prosecutor is unable to meet the burden of proof, the Juvenile Court shall dismiss the petition at the conclusion of the adjudication hearing. If the Juvenile Court finds that the juvenile is a Delinquent Juvenile within the jurisdiction of the Juvenile Court as alleged in the petition, the Juvenile Court shall proceed with a disposition hearing under WSTC 360.215 no later than thirty
    (30) days after the adjudication hearing.
  8. Review hearings. After the disposition hearing held in accordance with WSTC 360.215, the Juvenile Court may hold one or more review hearings to determine whether the juvenile has carried out the order of the Juvenile Court.
  9. Modification of Disposition Judgment. At any time after disposition but before the case has been closed, any party may file a motion to modify the judgment. The motion shall be accompanied by supporting evidence. The party seeking modification shall provide notice of the motion to the opposing party (and, if the opposing party is the juvenile, his or her parent, parents, or legal guardian) in the same manner as notice is served in a civil action under Chapter 200 of the Warm Springs Tribal Code. The Juvenile Judge may consider the motion without a hearing after confirming that the opposing party was properly served and after giving the opposing party an opportunity to respond, or may consider the motion at a review hearing held for that purpose.

360.205 Petition that Juvenile is Delinquent Juvenile.

  1. The Juvenile Prosecutor may file a petition in the Juvenile Court pursuant to WSTC 360.200(4) alleging that a juvenile named therein is a Delinquent Juvenile within the jurisdiction of the Juvenile Court as provided in WSTC 360.110(2) and WSTC 360.115. The petition shall be accompanied by complaints for each offense specifying the facts that meet each element of the offense for which the juvenile is charged.
  2. The petition and complaints shall be based on the report provided to the Juvenile Prosecutor by the police officer who issued the citation pursuant to WSTC 360.200(1). The petition and complaints may also be based in part on oral or written information provided to the Juvenile Prosecutor by any other person.
  3. The petition and all subsequent court documents in the proceeding shall be captioned, “In the matter of , a juvenile.” The petition shall be in writing and notarized. The petition may be verified upon the information and belief of the Juvenile Prosecutor without prior direction or authorization of the Juvenile Court.
  4. The Juvenile Prosecutor shall set forth in ordinary and concise language such of the following facts as are known and indicate any that are not known: (a) The name, age, and residence of the juvenile. (b) The facts that bring the juvenile within the jurisdiction of the Juvenile Court. (c) The name and residence of the juvenile’s parents; if the juvenile has no parents or the names and residences of both parents are not known, then the name and address of the juvenile’s legal guardian, if the juvenile has a legal guardian. (d) The name and residence of the person having physical custody of the juvenile.
  5. The Juvenile Prosecutor may withdraw a petition involving a Delinquent Juvenile without the permission of the Juvenile Judge at any time prior to the admit/deny hearing conducted pursuant to WSTC 360.200(6), and with the permission of the Juvenile Judge after an admit/deny hearing conducted pursuant to WSTC 360.200(6).

360.210 Informal Resolution of Delinquency Cases.

  1. An informal resolution program shall consist of one or more mediation sessions facilitated by the Juvenile Prosecutor in which the juvenile and his or her parent, guardian, or custodian work with the Juvenile Prosecutor to formulate and implement a written plan. The mediation session(s) shall be attended by the juvenile and his or her parent, guardian, or custodian. Other interested persons may attend at the discretion of the Juvenile Prosecutor.
  2. Before filing a petition in the Juvenile Court under WSTC 360.200(4), the Juvenile Prosecutor may direct that a case involving a Delinquent Juvenile first proceed to informal resolution, provided that the following conditions are met: (a) An informal resolution of the matter would be in the best interests of the juvenile and the Tribe; and (b) The juvenile and his or her parent, guardian, or custodian voluntarily consent to an informal resolution of the matter; and (c) The juvenile is not currently in a Detention Facility pursuant to an order of the Juvenile Court.
  3. The written plan shall consider a number of alternatives to a formal jurisdictional hearing in Juvenile Court. Alternatives shall include, but are not limited to, the following: (a) Refer the juvenile and the parent, guardian, or custodian to a community agency for needed assistance; (b) Order terms of supervision, calculated to assist and benefit the juvenile and the community, that regulate the juvenile’s activities and that are within the ability of the juvenile to perform; (c) Accept an offer of restitution if voluntarily made by the juvenile.
  4. An informal resolution program shall not exceed eleven (11) months in duration.
  5. The Juvenile Prosecutor shall, during the course of the informal resolution program, review the juvenile’s progress every thirty (30) days. If, at any time after the initial thirty (30) day period but before the end of the diversion program, the Juvenile Prosecutor determines that satisfactory progress is not being achieved, the Juvenile Prosecutor shall file a petition in the Juvenile Court pursuant to WSTC 360.200(4).
  6. Any information disclosed during the course of an informal resolution program shall not be used as evidence against the juvenile in the event the case proceeds to the Juvenile Court under subsection (5).

360.215 Disposition for Delinquency Cases.

  1. Disposition Procedure. Once the Juvenile Court finds that a juvenile is within its jurisdiction as alleged in the petition, the Juvenile Court may proceed
  2. immediately with the disposition hearing or may order an investigation to be performed to assist the Court in disposition of the case. If the disposition hearing is postponed for an investigation or for any other purpose, the Juvenile Judge shall make such order as he or she deems appropriate for the temporary placement of the juvenile pending the disposition hearing.
  3. Basis for Disposition. The Juvenile Court shall consider the recommendations of any person present at the disposition hearing in determining the appropriate disposition for each case. Where necessary and appropriate, the Juvenile Court shall apply the laws of traditional custom and usage as is generally accepted by the Tribe using the procedure set forth in WSTC 201.015(2).
  4. Authority. In determining the appropriate disposition for a case involving a Delinquent Juvenile, the Juvenile Court shall have authority to make orders and arrangements for the care, custody, and control of the juvenile, and may take such other actions and impose such restrictions and conditions on the juvenile’s activities as the Juvenile Court may deem advisable and appropriate in the interests of the juvenile and of the Tribe. The Juvenile Court shall also have the authority to order the juvenile’s parents to participate in remedial programs and to perform other appropriate remedial measures, and may commit the juvenile pursuant to WSTC 360.135.

360.220 Remand to Tribal Court.

  1. Upon motion by the Juvenile Prosecutor after filing a petition under WSTC 360.200(4), a case involving a juvenile may be remanded to the Tribal Court for disposition if, following an evidentiary hearing, the Juvenile Court determines by clear and convincing evidence that: (a) The juvenile at the time that the alleged offense occurred is sixteen (16) years of age or older; and (b) The juvenile committed or is alleged to have committed an act on the Reservation that would constitute a criminal violation if committed by an adult; and (c) The juvenile is not amenable to rehabilitation in facilities or programs available through the Juvenile Court; and (d) Retaining jurisdiction will not serve the best interests of the juvenile or the Tribe.
  2. The following factors shall be considered by the Juvenile Court when determining whether to remand a case involving a juvenile to the Tribal Court under this section: (a) The nature and seriousness of the offense with which the juvenile is charged; (b) The nature and condition of the juvenile, as evidenced by his or her age, mental and physical condition; and (c) The past record of offenses and Juvenile Court efforts at rehabilitation.
  3. Prior to a hearing on a motion to remand, the Juvenile Prosecutor shall upon request provide discovery relevant to the motion to the retained or appointed spokesperson, advocate, or attorney upon receiving notification that the juvenile will be represented by a particular spokesperson, advocate, or attorney.

III. JUVENILES IN NEED OF SUPERVISION

360.300 Juvenile in Need of Supervision. A juvenile in need of supervision subject to the procedures set forth in this Part III is a juvenile who:

  1. Is homeless, wayward, or habitually disobedient;
  2. Is uncontrolled or beyond control by his or her parents or legal guardian;
  3. Is habitually absent from school or home;
  4. Habitually deports himself or herself so as to injure or endanger the health, safety, or morals of himself or herself or others;
  5. Leaves the home of his or her parent or legal guardian without permission;
  6. Willfully and unjustifiably fails to attend school where the juvenile is required to attend school; or
  7. Violates WSTC 360.305 (Curfew), WSTC 360.310 (Juvenile in Possession of Alcohol or Tobacco), or WSTC 360.315 (Firearms).

360.305 Curfew.4

  1. It shall be unlawful for any juvenile to be on the public streets, highways, or other places open to the public on the Reservation between the hours of 8:00 p.m. and 6:00 a.m. on any night preceding a school day or between the hours of 10:00 p.m. and 6:00 a.m. on any night not preceding a school day, unless the juvenile has good cause or unless the juvenile is accompanied by a parent, guardian, or other responsible adult with permission of the juvenile’s parent or guardian.
  2. Any parent or guardian of a juvenile who is found to be in violation of the immediately preceding Section (1) shall be subject to petition by the Juvenile Prosecutor and a hearing before the Juvenile Court to show cause why the juvenile under his/her control is not complying with the curfew law. Upon a finding by the Juvenile Court that the parent or guardian is responsible for the juvenile’s curfew violation, the Juvenile Court may enter an order compelling the parent or guardian to monitor curfew compliance by the juvenile, pay a fine, and/or to perform community service work; and shall be subject to the contempt power of the Court under Chapter 200, Part XII of the Warm Springs Tribal Code.

360.310 Juvenile in Possession of Alcohol or Tobacco. It shall be unlawful for any juvenile to buy, attempt to buy, or to misrepresent his or her age in attempting to buy alcoholic liquor or tobacco products. It shall be unlawful for any juvenile to transport, possess, consume, purchase, or attempt to purchase, any alcoholic liquor or tobacco product on the Reservation. It shall be a defense to this provision that a juvenile possesses or consumes a tobacco product for ceremonial use under the supervision of a responsible adult.

360.315 Firearms. It shall be unlawful for any juvenile to discharge a firearm (as that term is defined in WSTC Chapter 305) on the Reservation except under the supervision of a parent, guardian, or other responsible adult acting with the permission of the juvenile’s parent or guardian, unless the juvenile is fourteen (14) years of age or older, and has completed a hunter’s safety course accredited by the Tribe or the State of Oregon.

360.320 Procedure for Supervision Cases.

  1. Initiation of Juvenile in Need of Supervision Case. If a Warm Springs Police Department officer has probable cause to believe that a juvenile is a Juvenile in Need of Supervision pursuant to WSTC 360.300, the officer shall issue a citation to the juvenile and release the juvenile to the juvenile’s parent, guardian, or other responsible adult. The citation shall include a notice to meet with the Juvenile Prosecutor to discuss a possible informal resolution pursuant to WSTC 360.330. Upon issuing a citation, the officer shall immediately transmit a copy of the citation and a copy of the police report to the Juvenile Prosecutor.
  2. Notice. (a) In the event that the Juvenile Prosecutor files a petition after an unsuccessful informal resolution or requests a postponement before a proceeding has commenced, the Juvenile Prosecutor shall provide notice to the juvenile and his or her parent, parents, guardian, or any other person having physical custody of the juvenile to appear in Juvenile Court for an admit/deny hearing at the time and place specified in the notice. The notice shall be served in the same manner as notice in a civil action under Chapter 200 of the Warm Springs Tribal Code. (b) For all other hearings conducted pursuant to this Part III, the Juvenile Judge or Clerk of the Juvenile Court shall issue a notice, which may be in the form of a summons, directing the juvenile, his or her parent, parents, guardian, or any other person having actual physical custody of the juvenile, to appear in Juvenile Court for a hearing at the time and place specified in the notice. The notice shall be served in the same manner as notice in a civil action under Chapter 200 of the Warm Springs Tribal Code.
  3. Filing of Petition. If the Tribe and the juvenile have failed to reach an informal resolution, the Juvenile Prosecutor shall prepare a written petition with the Juvenile Court that conforms with WSTC 360.325. The Juvenile Prosecutor shall file a petition as soon as practicable after the failure to reach an informal resolution.
  4. Abeyance for Informal Resolution. At any point after the petition is filed, the Juvenile Judge may abey the case for a set period of time not to exceed eleven (11) months for informal resolution under WSTC 360.330.
  5. Admit/Deny Hearing. The Juvenile Court shall hold a hearing at which the juvenile is given the opportunity to admit or deny the allegations set forth in the petition no later than thirty (30) days after the filing of the petition. (a) In the event that the juvenile admits the allegations set forth in the petition, the Juvenile Court must hold a disposition hearing pursuant to WSTC 360.335. The disposition hearing may be held at the same time as the admit/deny hearing or at a separate hearing, but in no event shall the disposition hearing be held more than sixty (60) days after the filing of the petition. (b) In the event that the juvenile denies the allegations set forth in the petition, the Juvenile Court shall set an adjudication hearing pursuant to subsection (6). The adjudication hearing must be held no later than sixty (60) days after the filing of the petition.
  6. Adjudication Hearing. At the adjudication hearing, the juvenile shall be entitled to all rights and safeguards afforded to defendants in criminal cases except the right to a jury trial and the right to an appointed advocate. The Juvenile Prosecutor must prove by a preponderance of the evidence that the juvenile is a Juvenile in Need of Supervision pursuant to WSTC 360.300. If the Juvenile Prosecutor is unable to meet the burden of proof, the Juvenile Court shall dismiss the petition at the conclusion of the adjudication hearing. If the Juvenile Court finds that the juvenile is a Juvenile in Need of Supervision as alleged in the petition, the Juvenile Court shall proceed with a disposition hearing under WSTC
    360.335 no later than thirty (30) days after the adjudication hearing.
  7. Review hearings. After the disposition hearing held in accordance with WSTC 360.335, the Juvenile Court may hold one or more review hearings to determine whether the juvenile has carried out the order of the Juvenile Court.
  8. Modification of Disposition Judgment. At any time after disposition but before the case has been closed, any party may file a motion to modify the judgment. The motion shall be accompanied by supporting evidence. The party seeking modification shall provide notice of the motion to the opposing party (and, if the opposing party is the juvenile, his or her parent, parents, or legal guardian) in the same manner as notice is served in a civil action under Chapter 200 of the Warm Springs Tribal Code. The Juvenile Judge may consider the motion without a hearing after confirming that the opposing party was properly served and after giving the opposing party an opportunity to respond, or may consider the motion at a review hearing held for that purpose.

360.325 Petition that Juvenile is Juvenile in Need of Supervision.

  1. The Juvenile Prosecutor may file a petition in the Juvenile Court pursuant to WSTC 360.320 (3) alleging that a juvenile named therein is a Juvenile in Need of Supervision within the jurisdiction of the Juvenile Court as provided in WSTC
    360.300 and WSTC 360.120. The petition shall be accompanied by complaints for each offense specifying the facts that meet each element of the offense for which the juvenile is charged.
  2. The petition and complaints shall be based on the report provided to the Juvenile Prosecutor by the police officer who issued the citation pursuant to WSTC 360.320(1). The petition and complaints may also be based in part on oral or written information provided to the Juvenile Prosecutor by any other person.
  3. The petition and all subsequent court documents in the proceeding shall be captioned, “In the matter of , a juvenile.” The petition shall be in writing and notarized. The petition may be verified upon the information and belief of the Juvenile Prosecutor without prior direction or authorization of the Juvenile Court.
  4. The Juvenile Prosecutor shall set forth in ordinary and concise language such of the following facts as are known and indicate any that are not known: (a) The name, age, and residence of the juvenile. (b) The facts that bring the juvenile within the jurisdiction of the Juvenile Court. (c) The name and residence of the juvenile’s parents; if the juvenile has no parents or the names and residences of both parents are not known, then the name and address of the juvenile’s legal guardian, if the juvenile has a legal guardian. (d) The name and residence of the person having physical custody of the juvenile.
  5. The Juvenile Prosecutor may withdraw a petition involving a Juvenile in Need of Supervision without the permission of the Juvenile Judge at any time prior to an admit/deny hearing conducted pursuant to WSTC 360.320(5), and with the permission of the Juvenile Judge after an admit/deny hearing conducted pursuant to WSTC 360.320(5).

360.330 Informal Resolution of Supervision Cases.

  1. Before filing a petition in the Juvenile Court, the Juvenile Prosecutor may attempt to facilitate an informal resolution for any case involving a Juvenile in Need of Supervision provided that the juvenile and his or her parent, guardian, or custodian voluntarily consent to an informal resolution of the matter.
  2. An informal resolution program shall consist of one or more mediation sessions facilitated by the Juvenile Prosecutor in which the juvenile and his or her parent, guardian, or custodian, work with the Juvenile Prosecutor to formulate and implement a written plan. The mediation session(s) shall be attended by the juvenile and his or her parent, guardian, or custodian. Other interested persons may attend at the discretion of the Juvenile Prosecutor.
  3. The written plan shall consider a number of alternatives to a formal adjudication hearing in Juvenile Court. Alternatives shall include, but are not limited to, the following: (a) Refer the juvenile and the parent, guardian, or custodian to a community agency for needed assistance; (b) Order terms of supervision, calculated to assist and benefit the juvenile and the community, which regulate the juvenile’s activities and which are within the ability of the juvenile to perform; (c) Accept an offer of restitution if voluntarily made by the juvenile.
  4. An informal resolution program shall not exceed eleven (11) months in duration.
  5. The Juvenile Prosecutor shall, during the course of the informal resolution program, review the juvenile’s progress every thirty (30) days. If, at any time after the initial thirty (30) day period but before the end of the diversion program, the Juvenile Prosecutor determines that satisfactory progress is not being achieved, the Juvenile Prosecutor shall file a petition in the Juvenile Court pursuant to WSTC 360.320(3).
  6. Any information disclosed during the course of an informal resolution program shall not be used as evidence against the juvenile in the event the case proceeds to the Juvenile Court under subsection (5) of this Section.

360.335 Disposition for Supervision Cases.

  1. Disposition Procedure. Once the Juvenile Court finds that a juvenile is within its jurisdiction as alleged in the petition, the Juvenile Court may proceed immediately with the disposition hearing or may order an investigation to be performed to assist the Court in disposition of the case. If the disposition hearing is postponed for an investigation or for any other purpose, the Juvenile Judge shall make such order as he or she deems appropriate for the temporary placement of the juvenile pending the disposition hearing.
  2. Basis for Disposition. The Juvenile Court shall consider the recommendations of any person present at the disposition hearing in determining the appropriate disposition for each case. Where necessary and appropriate, the Juvenile Court shall apply the laws of traditional custom and usage as is generally accepted by the Tribe using the procedure set forth in WSTC 201.015(2).
  3. Authority. In determining the appropriate disposition for a case involving a Juvenile in Need of Supervision, the Juvenile Court shall have authority to take actions and impose restrictions and conditions on the juvenile’s activities as the Juvenile Court may deem advisable and appropriate in the interest of the juvenile and the interests of the Tribe. The Juvenile Judge may not commit the juvenile to a Detention Facility, but may order the juvenile to take the following actions: (a) Participate in a supervised community service activity; (b) Participate in a treatment or counseling program; (c) Pay restitution to the victim of the juvenile’s actions; (d) Pay a fine not to exceed $100; or (e) Conduct any other activity designed to benefit the juvenile and the Tribe.

IV. NEGLECTED OR ABUSED JUVENILES

360.400 Procedure for Dependency Cases.

  1. Initiation of Dependency Case. All reports of abuse or neglect of a juvenile shall be investigated by the Warm Springs Police Department and Children’s Protective Services. Upon receiving a report of abuse or neglect, the Warm Springs Police Department and Children’s Protective Services shall jointly conduct a welfare check at the location of the subject juvenile.
  2. Temporary Custody. Upon conducting a welfare check, the officer conducting the welfare check shall remove the juvenile from the home if the officer reasonably believes that immediate temporary custody of the juvenile is necessary for the protection of the health, safety, welfare, or morals of the juvenile. After removing the juvenile, the Warm Springs Police Department shall immediately transport the juvenile to the Children’s Protective Services facility. Children’s Protective Services shall take temporary custody of the juvenile upon the presentation of an emergency custody order by the officer who conducted the removal.
  3. Notice. Upon taking a juvenile into temporary custody, the officer conducting the removal shall immediately issue a citation to the juvenile’s parent or legal guardian providing notice of a shelter hearing to be held in accordance with WSTC 360.400(4). Where the parent or legal guardian is not present, the officer shall use diligent efforts to locate and serve the parent with the citation. The officer shall transmit copies of his or her report and citation to the Juvenile Prosecutor no later than the next working day after removal. For all other hearings conducted pursuant to this Part IV, the Juvenile Judge or Clerk of the Juvenile Court shall issue a notice, which may be in the form of a summons, directing the juvenile, his or her parent, parents, guardian, or any other person having actual physical custody of the juvenile, to appear in Juvenile Court for a hearing at the time and place specified in the notice. The notice shall be served in the same manner as notice in a civil action under Chapter 200 of the Warm Springs Tribal Code.
  4. Shelter Hearing. The Juvenile Court shall conduct a shelter hearing within one
    working day upon the removal of a juvenile from his or her legal custodian. At the shelter hearing, the Juvenile Court shall determine if probable cause existed to conduct the removal.
  5. Filing of Petition. The Juvenile Prosecutor shall prepare a written petition with the Juvenile Court that conforms with WSTC 360.405. The Juvenile Prosecutor shall file the petition with the Juvenile Court in advance of the shelter hearing to the extent practicable, but no later than one (1) working day after the shelter hearing.
  6. Preliminary Hearing. The Juvenile Court shall conduct a preliminary hearing within one (1) working day of the filing of the petition unless extraordinary circumstances prevent the Juvenile Court from holding a hearing within that timeframe, in which case the Juvenile Court must hold a hearing within three (3) working days after the petition is filed. At the preliminary hearing, the parent, parents, or legal guardian of the juvenile may admit or deny the allegations contained in the petition. (a) If the parent, parents, or legal guardian admit the allegations contained in the petition, the Juvenile Court shall proceed immediately with the disposition of the case per WSTC 360.420. (b) If the parent, parents, or legal guardian deny the allegations contained in the petition, the Juvenile Court shall schedule a jurisdictional hearing per WSTC 360.410.
  7. Review Hearings. After establishing jurisdiction and holding a disposition hearing on the case, the Juvenile Court shall conduct review hearings at least every six months until permanency is established pursuant to subsection (8).
  8. Permanency Hearing. In all cases in which a ward is in Substitute Care, the Juvenile Court shall conduct a permanency hearing no later than twelve (12) months after the ward was found in the jurisdiction of the Juvenile Court, or fourteen (14) months after the ward was placed in Substitute Care, whichever is the earlier, unless good cause exists to delay permanency. Permanency constitutes the establishment of a Permanent Guardianship pursuant to WSTC
    360.435 or an Assisted Guardianship.
  9. Assisted Guardianship Review Hearings. Assisted Guardianship cases shall be reviewed at least once per year by the Juvenile Court for the duration of the Assisted Guardianship. Both the guardian and the juvenile shall attend the hearing if practicable.
  10. Modification of Judgment. At any time while a juvenile is a ward of the Juvenile Court, the Juvenile Prosecutor may file a motion to modify the judgment in effect at the time of the motion. The motion shall be accompanied by supporting evidence. The Juvenile Prosecutor shall provide notice of the motion to the juvenile and his or her parent, parents, or legal guardian in the same manner as notice is served in a civil action under Chapter 200 of the Warm Springs Tribal Code. The Juvenile Judge may consider the motion without a hearing after giving the juvenile an opportunity to respond, or may consider the motion at a review hearing held for that purpose.

360.405 Petition that Juvenile is Neglected or Abused Juvenile.

  1. The Juvenile Prosecutor shall file a petition in the Juvenile Court pursuant to WSTC 360.400(5) alleging that a juvenile named therein is a Neglected or Abused Juvenile within the jurisdiction of the Juvenile Court as provided in WSTC 360.110(14) and WSTC 360.120.
  2. The petition shall be based on the report provided to the Juvenile Prosecutor by the police officer who conducted the removal of the juvenile from the juvenile’s home pursuant to WSTC 360.400(2). The petition may also be based in part on oral or written information provided to the Juvenile Prosecutor by any other person.
  3. The petition and all subsequent court documents in the proceeding shall be captioned, “In the matter of , a juvenile.” The petition shall be in writing and notarized. The petition may be verified upon the information and belief of the Juvenile Prosecutor without prior direction or authorization of the Juvenile Court.
  4. The Juvenile Prosecutor shall set forth in ordinary and concise language such of the following facts as are known and indicate any that are not known: (a) The name, age, and residence of the juvenile. (b) The facts that bring the juvenile within the jurisdiction of the Juvenile Court. (c) The name and residence of the juvenile’s parents; if the juvenile has no parents or the names and residences of both parents are not known, then the name and address of the juvenile’s legal guardian, if the juvenile has a legal guardian. (d) The name and residence of the person having physical custody of the juvenile.
  5. The Juvenile Prosecutor may withdraw a petition involving a Neglected or Abused Juvenile without the permission of the Juvenile Judge at any time prior to establishment of jurisdiction, and with the permission of the Juvenile Judge after jurisdiction has been established.

360.410 Jurisdictional Hearing for Dependency Cases.

  1. The jurisdictional hearing shall be given priority on the court docket and shall be conducted no longer than sixty (60) days after the petition is filed.
  2. At the jurisdictional hearing, a juvenile shall be entitled to all rights and safeguards afforded to defendants in criminal cases except the right to a jury trial. Petitions that allege that the juvenile is a neglected or abused juvenile must be proven by a preponderance of the evidence.
  3. At the conclusion of the jurisdictional hearing, the Court shall dismiss the petition unless it finds that the allegations therein have been proven by a preponderance of the evidence and the juvenile is a neglected or abused juvenile as alleged in the petition.
  4. If the Juvenile Court finds that the juvenile is within its jurisdiction as alleged in the petition, the Juvenile Court may proceed immediately with disposition pursuant to WSTC 360.420.

360.415 Ward of the Juvenile Court.

  1. The Juvenile Court shall make a juvenile found to be within the jurisdiction of the Juvenile Court as provided in WSTC 360.410 a ward of the Juvenile Court.
  2. The Juvenile Court’s wardship continues, and the ward is subject to the Juvenile Court’s jurisdiction, until one of the following occurs: (a) The Juvenile Court dismisses the petition concerning the ward; (b) The Juvenile Court transfers jurisdiction over the ward to another court of competent jurisdiction; (c) The Juvenile Court enters an order terminating the wardship; or (d) The ward becomes 21 years of age.

360.420 Disposition for Dependency Cases.

  1. Disposition Procedure. Once the Juvenile Court finds that a juvenile is a Neglected or Abused Juvenile within its jurisdiction as alleged in the petition, the Juvenile Court may proceed immediately with the disposition hearing or may order an investigation to be performed to assist the Court in disposition of the case. If the disposition hearing is postponed for an investigation or for any other purpose, the Juvenile Judge shall make such order as he or she deems appropriate for the temporary placement of the juvenile pending the disposition hearing.
  2. Basis for Disposition. The Juvenile Court shall consider the recommendations of the Juvenile Prosecutor, Children’s Protective Services, the Tribe’s health and social services program or other interested social welfare agencies, and the juvenile’s health care provider in determining the appropriate disposition of each case. Where necessary and appropriate, the Juvenile Court shall apply the laws of traditional custom and usage as is generally accepted by the Tribe using the procedure set forth in WSTC 201.015(2).
  3. Authority. In disposition of a case involving a juvenile within its jurisdiction, the Juvenile Court shall have authority to make orders and arrangements for the care, custody, and control of the juvenile, and may take such other actions and impose such restrictions and conditions on the juvenile’s activities as the Juvenile Court may deem advisable and appropriate in the interests of the juvenile and of the Tribe. The Juvenile Court shall also have the authority to order the juvenile’s parents to participate in remedial programs and to perform other appropriate remedial measures.

360.425 Commitment of Ward to Custody of Children’s Protective Services.

  1. When the Juvenile Court determines that it would be in the best interest and for the welfare of a juvenile who is a ward of the Juvenile Court, the Juvenile Court may place the ward in the legal custody of Children’s Protective Services for care, placement, and supervision. When the Juvenile Court enters an order removing a ward from the ward’s home or an order continuing care, the Juvenile Court shall make written findings as to whether: (a) Removal of the ward from the ward’s home or continuation of care is in the best interest and for the welfare of the ward; (b) Reasonable efforts, considering the circumstances of the ward and parent, have been made to prevent or eliminate the need for removal of the ward from the home or to make it possible for the ward to safely return home. In making this finding, the Juvenile Court shall consider the ward’s health and safety the paramount concerns. (c) Children’s Protective Services has made diligent efforts to place the juvenile pursuant to WSTC 360.430.
  2. The Juvenile Court may specify the particular type of care, supervision, or services to be provided by Children’s Protective Services to wards placed in Children’s Protective Services’ custody and to the parents or guardians of the wards, but the actual planning and provision of such care, supervision, or services is the responsibility of Children’s Protective Services.
  3. The Juvenile Court may make an order regarding visitation by the ward’s parents or siblings. Children’s Protective Services is responsible for developing and implementing a visitation plan consistent with the Juvenile Court’s order.
  4. Commitment of a ward to Children’s Protective Services does not terminate the Juvenile Court’s continuing jurisdiction to protect the rights of the juvenile or the juvenile’s parents or guardians. Children’s Protective Services may file a request with the Juvenile Court to modify a juvenile’s placement situation, and must provide the juvenile and his or her parent, parents, and legal guardian with a copy of the request. The court may rule on the request without holding a hearing if the parties are given a chance to respond, or it may hold a review hearing to consider the request. If, upon review of a placement of a juvenile made by Children’s Protective Services the Juvenile Court determines that the placement is not in the best interest of the juvenile, the Juvenile Court may direct Children’s Protective Services to place the juvenile in an alternative placement situation. The Juvenile Court may not, however, direct a specific placement, although the Juvenile Court may set conditions on the juvenile’s transition into a new placement. The actual planning and placement of the juvenile is the responsibility of Children’s Protective Services.

360.430 Placement for Dependency Cases.

  1. When the Juvenile Court or Children’s Protective Services deems it necessary to place a Neglected or Abused Juvenile in Substitute Care, a preference will be given, absent good cause to the contrary, to placement with (in descending order of preference): (a) A member of the juvenile’s extended family; (b) A person with whom the juvenile has kinship ties, but who is not a member of the juvenile’s extended family; (c) A foster home licensed, approved, or specified by the Tribe in which one or more of the juvenile’s siblings has been placed; (d) A foster home licensed or approved by the Tribe; (e) An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or (f) An institution for juveniles approved or operated by the Tribe that has a program suitable to meet the juvenile’s needs.
  2. Placements with relatives shall be preferred above all other potential placements. Before considering a non-relative placement for an Abused or Neglected Juvenile, the Juvenile Court shall first find that Children’s Protective Services has not identified any suitable relative placements after conducting a relative search.
  3. Commitment of a juvenile to a person, facility, school, hospital, or institution off the Reservation should be made only in extreme cases where no other appropriate placement is available on the Reservation. The Juvenile Prosecutor shall request a review hearing with the Juvenile Court before placing a juvenile outside of the State of Oregon.
  4. In its discretion the Juvenile Court may require a bond to secure that the custodian will return the juvenile on order of the Juvenile Court.

360.435 Permanent Custody.

  1. At any time following the establishment of jurisdiction and wardship, the Juvenile Prosecutor may file a petition for permanent custody. The Juvenile Court shall grant permanent custody if it finds by a preponderance of the evidence that: (a) The parent or parents are unfit by reason of conduct or condition seriously detrimental to the ward and integration of the juvenile into the home of the parent or parents is improbable within a reasonable time due to conduct or conditions not likely to change; (b) The parent or parents have failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the juvenile for six (6) months prior to the filing of a petition; or (c) The parent or parents have abandoned the juvenile or the juvenile was left under circumstances such that the identity of the parent or parents of the child or ward was unknown and could not be ascertained, despite diligent searching, and the parent or parents have not come forward to claim the juvenile within three months following the finding of the juvenile.
  2. The parent or parents of a juvenile subject to permanent custody may regain legal and physical custody of the child if, upon petition to the Juvenile Court by the Juvenile Prosecutor or by the parent with service of the petition upon the Juvenile Prosecutor, the parent or parents prove to the Juvenile Court by a preponderance of the evidence that the parent or parents have maintained a relationship with the child, have maintained a safe and stable environment appropriate for a juvenile, have maintained an income sufficient to meet the basic needs of the juvenile, and, if relevant, have maintained sobriety, for at least two years immediately prior to the filing of the petition to regain custody.
  3. Upon the establishment of permanent custody by the Juvenile Court, the Juvenile Court shall close the dependency case and shall enter an order terminating wardship of the juvenile.

360.440 Off-Reservation Enforcement. In the event that the Tribe needs to seek enforcement of a Juvenile Court order or judgment involving a juvenile that is a ward of the Juvenile Court but that is physically located outside of the Reservation, the Juvenile Prosecutor shall make a request to the tribal attorney’s office to initiate any appropriate judgment registration and enforcement procedures in state court. The Juvenile Prosecutor shall promptly provide all information requested by the tribal attorney necessary to effectuate the judgment registration and enforcement process.

360.445 Title IV-E Funding Agreements. Where the Tribe receives federal funding under Part E of Title IV of the Social Security Act for foster care, subsidized guardianship assistance, or adoption assistance for a particular dependency case, the Juvenile Court and Children’s Protective Services shall process and manage the case consistently with the terms of any agreement entered into between the Tribe and the state of Oregon or the United States governing the terms of the receipt, use, and management of such funding. Children’s Protective Services shall develop any policies and procedures necessary to carry out the terms of such an agreement. To the extent that the terms of such an agreement conflict with any section of this Chapter, the requirements of the agreement shall control.

V. INDIAN CHILD WELFARE ACT PROCEEDINGS

360.500 Applicability of Indian Child Welfare Act. The provisions of the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., apply to certain state court child custody proceedings involving juveniles who are enrolled or eligible for enrollment in the Warm Springs Tribes. Under the jurisdictional provisions of the Indian Child Welfare Act, 25 U.S.C. § 1911, the Warm Springs Tribes may intervene in or seek to transfer jurisdiction of applicable state court child custody proceedings.

360.505 Receipt of Notice. The tribal agent for service of written notice of state court juvenile custody proceedings under the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., shall be Children’s Protective Services.

360.510 Investigation and Pre-Transfer Report. Children’s Protective Services shall conduct an investigation and provide a written report to the Juvenile Court within two (2) working days of receipt of notice of the pending state court child custody proceeding. Children’s Protective Services may request an order from the Juvenile Court to facilitate the investigation if necessary. The report shall make recommendations regarding whether to seek to intervene in the case or to transfer the case to the Juvenile Court.

360.515 Transfer or Intervention. The Juvenile Judge shall, within two (2) working days following receipt of the investigation report provided to the Court under WSTC 360.510, advise the tribal attorney as to whether or not the Tribe should petition for transfer from or intervention in the pending state court child custody proceeding. The tribal attorney shall, where appropriate and as soon as possible following receipt of the Tribal Court’s recommendations, file a petition either to intervene in the pending state court child custody proceeding or to transfer the pending state court child custody proceeding to the Juvenile Court. Upon directing the tribal attorney to file a motion to transfer a pending state court child custody proceeding to the Juvenile Court, the Juvenile Judge shall enter an order signaling the Juvenile Court’s willingness to accept transfer of the case.

360.520 Acceptance of Transfer. The Juvenile Court will not accept transfer from state court of a pending child custody proceeding unless:

  1. A parent or Indian custodian’s petition to state court for transfer is granted; or
  2. The Tribe’s petition to state court for transfer is granted.

360.525 State Court Record. After the state court has granted, and the Tribe has accepted, transfer of a pending child custody proceeding from a state court to the Juvenile Court, Children’s Protective Services and the clerk of the Juvenile Court shall ensure that a certified copy of the state court record is promptly transmitted to the Juvenile Court. The state court record shall then become part of the Juvenile Court record for that case, and the case shall proceed under Part IV of this Chapter moving forward.

360.530 Transfer Hearing. After the state court has granted, and the Tribe has accepted, transfer of a pending child custody proceeding from a state court to the Juvenile Court, Children’s Protective Services shall immediately transmit copies of all documents relevant to the case to the Juvenile Prosecutor, and the Juvenile Prosecutor shall then schedule a transfer hearing to inform the Juvenile Court of the status of the case and to make recommendations to the Juvenile Court regarding appropriate next steps for disposition of the case.

VI. EMANCIPATION

360.600 Decree. The Juvenile Court in its discretion may, upon petition submitted by the juvenile and his or her parent, custodian, or legal guardian, on a form provided by the Juvenile Court, followed by a hearing, enter a decree of emancipation where the juvenile is at least sixteen (16) years of age and the Juvenile Court finds that the best interests of the juvenile will be served by emancipation. In making its determination, the Juvenile Court shall take into account the following factors:

  1. Whether the parent, custodian, or legal guardian of the juvenile consents to the proposed emancipation; and
  2. Whether the juvenile has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision; and
  3. Whether the juvenile can demonstrate to the satisfaction of the Juvenile Court that the juvenile is sufficiently mature and knowledgeable to manage the juvenile’s affairs without parental assistance; and
  4. If the juvenile has any current pending delinquency or dependency matters in any jurisdiction, whether the appropriate agency has provided a letter recommending emancipation for the juvenile.

360.605 Effect of Decree. A decree of emancipation shall serve to confer upon a juvenile certain rights of majority as enumerated in WSTC 360.110(4); provided, however, that a decree of emancipation shall not affect any age qualification for purchasing alcoholic liquor or tobacco or the requirements for obtaining a marriage license.

VII. MISCELLANEOUS

360.700 Traffic Offenses. If a juvenile is sixteen (16) years of age or older and is cited for a traffic infraction under Chapter 310 of the Warm Springs Tribal Code (“Traffic Infractions”), the case shall be heard in the Warm Springs Tribal Court; provided, however, that the case of any juvenile charged with a traffic crime under WSTC 310.500, et seq., including any related traffic infractions arising from the same incident, shall be heard in the Juvenile Court consistently with the procedures set forth in Part II of this Chapter.

360.705 Compulsory School Attendance.

  1. Except as provided in subsection (2), all juveniles between the ages of five (5) and eighteen (18) years who have not completed the twelfth grade and who otherwise meet any applicable age requirements for school attendance are required to attend school full- time. Full-time attendance means attendance each school day unless excused from attendance for that day by the school authorities or by mutual agreement of the school authorities and the Tribe. The school attended may be either a regular public school, a Bureau of Indian Affairs or other federally operated school, an alternative school or alternative course of instruction certified by the Tribe for attendance by tribal members, a private or parochial school accredited by the State of Oregon or certified by the Tribe for attendance by tribal members, or a home school program approved by the public school system.
  2. Juveniles between the ages of sixteen (16) and eighteen (18) years who are lawfully employed full-time, who are lawfully employed part-time and in school part-time, or who are engaged in activities equivalent to the preceding, including, but not limited to, internships, externships, or apprenticeships, shall not be required to attend school full time.
  3. Except as provided in subsection (2), every person subject to the jurisdiction of the Tribe having control of any juvenile between the ages of five (5) and eighteen (18) years who has not completed the twelfth grade and who meets any applicable age requirements for school attendance is required to send such juvenile to and maintain such juvenile in regular full-time school as provided in subsection (1).
  4. Any person who fails to comply with subsection (3) shall be subject to petition by the Juvenile Prosecutor and a hearing before the Juvenile Court to show cause why the juvenile under his or her control is not attending school. If the person subject to the petition contends that the juvenile under his or her control is home schooled or meets the requirements set forth in subsection (2), the person must provide the Juvenile Court with sufficient authenticated documentation of the same during the show cause hearing. Following hearing, the Juvenile Court may, in its discretion, enter an order compelling the person to send the juvenile under his or her control to school, which order may be enforced by the contempt power of the Court as set forth in Chapter 200, Part XII of the Warm Springs Tribal Code.

360.710 Support Obligation. Any person who is obligated by law to support a juvenile within the jurisdiction of the Juvenile Court may be ordered by the Juvenile Court to pay support for such juvenile in an amount determined by the Court to be fair and reasonable. Such orders may be enforced in the same manner as other judgments for money, or by contempt power of the Court as set forth in Chapter 200, Part XII of the Warm Springs Tribal Code. Any non-Indian obligated by law to support a juvenile within the jurisdiction of the Juvenile Court and who fails to pay support will be referred to the appropriate state authorities for support enforcement.

360.715 Juvenile Records.

  1. Juvenile Court Records. A record of all Juvenile Court hearings under this Chapter shall be made and preserved. All Juvenile Court records shall be confidential and shall be maintained apart from other Tribal Court records. No person shall have access to Juvenile Court records in an active case except the Chief Judge; the presiding judge; the spokesperson, court advocate, or attorney for the juvenile; the juvenile; the juvenile’s parent, custodian, or guardian; the Juvenile Prosecutor; tribal officials directly involved in the case, and any other person authorized by the Chief Judge of the Warm Springs Tribal Court.
  2. Law Enforcement Records. Law enforcement records and files concerning a juvenile shall be kept separate from the records and files of adults. All law enforcement records and files shall be confidential. Law enforcement records and files pertaining to a specific case under review shall be open to inspection only to the Chief Judge; the spokesperson, court advocate, or attorney for the juvenile; the juvenile; the juvenile’s parents, guardian, or custodian; the Juvenile Prosecutor; tribal officials directly involved in the case; and any other person authorized by the General Manager of Public Safety.
  3. Social Services Records. All records in the custody of any of the Tribe’s departments or offices that provide services to juveniles that contain sensitive information about a juvenile shall be confidential and shall be open to inspection only to the staff of the applicable department; the Chief Judge; the spokesperson, court advocate, or attorney for the juvenile; the juvenile; the juvenile’s parents, guardian, or custodian; the Juvenile Prosecutor; tribal officials directly involved in the case; and any other person authorized by the Health and Human Services General Manager.
  4. Protection of Juvenile Files. In the event that the Chief Judge of the Tribal Court, the General Manager of Public Safety, or the Health and Human Safety General Manager deems it proper to release any records within the custody of their respective departments pursuant to subsections (1) through (3) to a person not expressly given access to such files under those subsections, the custodian of the records shall take any steps he or she deems necessary to protect the confidentiality of those files on behalf of the Tribe. Such steps might include, but are not limited to, seeking a protective order or entering into a negotiated confidentiality agreement.

1 WSTC Chapter 360 was amended by Tribal Council Resolution No. 7857 adopted July 17, 1989. WSTC Chapter 360 was amended and restated in its entirety by Tribal Resolution No. 11,753, approved on April 29, 2013*.
2 WSTC 360.110 was amended by Tribal Council Resolution No. 10179 adopted April 30, 2002. (*See footnote #1)
3 WSTC 360.125, 360.200, 360.220, 360.230, 360.505, and 360.510 were amended by Tribal Council Resolution No. 6839 adopted April 16, 1985. (*See footnote #1)
4 WSTC 360.410 “Curfew” was amended by Tribal Council Resolution No. 9737 adopted March 16, 1999, has since been renumbered by Tribal Council Resolution No. 11753. (*See footnote #1)

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