[Editor's Note: this copy of the Red Lake Band of Chippewa Indians "tribal code" was received from what journalists call a "reliable source" in the tribal administration, apparently July 25, 2001 revisions of the Red Lake Court of Indian Offenses' Law and Order provisions that was adopted by the tribal council on September 11, 1990.  As a Court of Indian Offenses, the Red Lake Court is also subject to the federal regulations, including the law and order provisions in Title 25 of the Code of Federal Regulations.  Maquah.net makes no representation as to the accuracy or current status of this revised code.]


TITLE VII  JUVENILE CODE
CHAPTER 700  GENERAL PROVISIONS
700.01     Definitions
700.02     Jurisdiction
700.03     Expert Assistance
700.04     Reference For Prosecution As An Adult
700.05     Petition
700.06     Habitual Truants, Runaways, Juvenile Petty Misdemeanant
700.06A      Curfew
700.06B       Consumption and Intoxification by a Juvenile
700.06C      Prohibited Use of Inhalants
700.07     Summons
700.09     Investigations
700.10     Hearing
700.11     Records
700.12     Taking Child Into Custody
700.122       Identification Data
700.13     Release or Detention
700.14     Detention Hearing
700.15     Place of Detention
700.16     Deposition
700.16     Curfew.
700.17     Disposition, Delinquent Child.
700.18     Disposition; Neglect, Dependent, Abused Child
700.19     Juvenile Traffic Offender; Procedures, Dispositions
700.20     Disposition; Habitually Truant, Runaway or Petty Offenders
700.21     Effect of Juvenile Court Proceedings
700.22     Juvenile Court Disposition Bars Criminal Proceedings
700.23     Grounds for Termination of Parental Rights
700.24     Procedure for Terminating Parental Rights
700.25     Disposition; Termination of Parental Rights
700.26     Disposition; Parental Rights Not Terminated
700.27     Change of Guardian; Termination of Guardianship
700.28     Rehearing; New Evidence
700.29     Appeals

TITLE VII
JUVENILE CODE

 

CHAPTER 700
GENERAL PROVISIONS

 

700.01             Definitions
 
Subdivision 1. As used in Chapter 700.01 the terms defined in this section have the meanings given to them herein.

 
Subdivision 2. "Child" means any Indian individual under eighteen (18) years of age and includes any minor alleged to have been delinquent or a juvenile traffic offender prior to having been eighteen (18) years of age.

 
Subdivision 3. "Juvenile Court" means the Red Lake Court of Indian Offenses when in session regarding any proceeding concerning a child.

 
Subdivision 4. "Delinquent Child" means a child who commits an act which if committed by an adult would be in violation of any provisions of the Red Lake Reservation Criminal Code (Title V).

 
Subdivision 5. "Dependent Child" means a child:
 
a)         who is without a parent, guardian or other custodian; or
 
b)         who is in need of special care and treatment required by his physical or mental condition and whose parent. guardian or other custodian is unable to provide it; or
 
c)         where parent, guardian or other custodian for good cause desires to be relieved of his care and custody; or
 
d)         who is without proper parental care because of the emotional, mental or physical disability, or state of immaturity of his parent, guardian or other custodian.

 
Subdivision 6. "Neglected Child" means a child:
 
a)         who is abandoned by his parents, guardian or other custodian; or
 
b)         who is without proper parental care because of the faults or habits of his parents, guardian or other custodian; or
 
c)         who is without necessary substance, education or other care necessary for his physical or mental health or morals because of his parent, guardian or other custodian neglects or refuses to provide it; or
 
d)         who is without the special care made necessary by his physical or mental condition because his parent, guardian or other custodian neglects or refuses to provide it; or
 
e)         whose occupation, behavior, condition, environment or associations are such as to be injurious or dangerous to himself or others; or
 
f)          whose parent, guardian or other custodian has made arrangements for his placement in a manner detrimental to the welfare of the child or in violation of law; or
 
g)         who come within the provisions of Subdivision 3, but whose conduct results in whole or in part from parental neglect.

 
Subdivision 7. "Habitual Truant" means a child under the age of eighteen  (18) years absenting himself/herself from attendance at school without lawful excuse for seven (7) school days if the child is in elementary school or for one (1) or more class periods or seven (7) school days if the child is in middle school, junior high school or high school, except that a child between the ages of sixteen (16) and (18) may be excused from school attendance if the parents of the child or the child's guardian acknowledges and consents to the child's withdrawal from school and signs the child out of school
 
(Section 700.01, Subdivision 7 amended by Resolution No. 308-92, dated September 15, 1992)

 
Subdivision 8. "Domestic Child Abuse" means:
 
a)         a physical injury to a minor family or household member which has been inflicted by an adult family or household member other than by accidental means, or
 
b)         subjection of a minor family or household member by an adult family or household member to any act which constitutes a violation of Section 508.01 (Prostitution), 508.02 (Sodomy), 508.06 (Carnal Knowledge of Children), 508.07 (Aggravated Sexual Assault), 508.08 (Indecent Liberties) and 503.03 (Incest).
 
(Section 700.01, Subdivision 8 amended by Resolution No. 308-92, dated September 15, 1992)

 
Subdivision 9. "Runaway" means an unmarried child who absents him/herself from the home of his parent or other lawful guardian or custodian without the consent of his parent, lawful guardian or custodian.

 
Subdivision 10.           Juvenile petty misdemeanor is a violation of those sections of the Tribal Criminal Code which provide for punishment in the form of a fine only not to exceed the amount of $200.00 if the same were violated by an adult.

 
Subdivision 11.           "Parent" means the natural or adoptive parent of a child.

 
Subdivision 12.           "Custodian" means any person who is under a legal obligation to provide care and support for a child or who is in fact providing care and support for a child.

 
Subdivision 13.           "Foster Care" means the 24 hour a day care ordered by the Court and provided by a person or facility, other than the parent.

 
Subdivision 14.           "Minor" means an Indian individual under eighteen (18) years of age.

 
Subdivision 15.           "Detention Facility" means a physically restricting facility including but not limited to jail, hospital, residential treatment center or detention home.

 
700.02             Jurisdiction
 
Subdivision 1. The Juvenile Court has original and exclusive jurisdiction in proceedings concerning any child who resides within the boundaries of the Red Lake Indian Reservation, is an enrolled member of the Red Lake Band of Chippewa Indians  and who is alleged to be delinquent, dependent, neglected, habitually truant, a runaway or juvenile misdemeanor.  The Juvenile Court shall also have jurisdiction in proceedings concerning any alleged acts of child abuse and cases involving permanent custody of enrolled children and it shall be the duty of Red Lake Social Services to initiate proceedings thereof.
 
Subdivision 2. The Juvenile Court has original and exclusive jurisdiction of proceedings concerning the termination of parental rights, Chapter 805, adoptions, Chapter 802 and judicial consent to marriage, Chapter 800.
 
Subdivision 3. The Juvenile Court has original jurisdiction of a child who is not a resident of the Red Lake Indian Reservation and who is involved in a state court proceeding pursuant to the Indian Child Welfare Act, 25 U.S.C. 1911.
 
Subdivision 3A.          The Juvenile Court may accept transfer of a state court proceeding for involuntary or voluntary foster care placement or termination of parental rights, of a non-resident enrolled or enrollable child, unless either parent objects.
 
Subdivision 3B.          Transfer from State Courts - The Red Lake Nations Court may accept or decline State Court Transfers of child custody proceedings where the Indian child is not a resident of the Red Lake Tribe.  The purpose of this section is to provide for speedy and effective procedures for processing referrals under the Federal Indian Child Welfare Act, 25 U.S.C. Section 1901 - 1963, from State or another tribal court, to protect the best interests of enrolled or enrollable children and Tribal interests of the Red Lake Band of Chippewa Indians.  The Tribe will investigate cases referred to them and will take action to either transfer or decline jurisdiction.  Transfer will occur when in the child's best interest.  The purpose of this procedure is to utilize thoughtful and wise decisions when transferring cases.
 
ii)         Receipt of Referrals - The Tribe shall designate who shall receive referrals from State Court and/or social services.  The designated person shall immediately forward the referral to the Chief Judge or another Judge in the Chief's absence.
 
iii)         Duties of Clerk of Court - The Clerk of the Tribal Court, upon receipt of referral, shall document in a court record the following information:
 
a)         The referral source and date of receipt.
 
b)         The names and addresses of the child and parent, guardian and/or custodian.
 
c)         The form of the scheduled proceedings in the other court.
 
iv)        Duties of the Chief Judge of the Tribal Court - The Chief Judge or another designated Judge shall receive the referral and consult with the Indian Child Welfare Act committee of practicable and shall determine whether to request a twenty (20) day extension from the state or other tribal court.
 
v)         Investigation of Referral - Upon receipt of the referral and twenty (20) day extension request, the Chief Judge shall investigate the referral(s) or direct appropriate tribal personnel to assist in the investigation.  The investigation shall include the following:
 
a)         Contact appropriate sources, including but not limited to, tribal enrollment, to determine the child's membership and tribal status.
 
b)         Investigate and determine if the child custody referral is proper under ICWA (e.g. neglect and dependency, truancy and runaway cases.)
 
c)         Contact the parent, guardian or custodian in proper cases by certified or registered mail and notify them of the potential referral.
 
d)         Contact and work together with social, medical, legal or other sources to obtain relevant and/or necessary information regarding the circumstances of the case.
 
e)         Decide whether transfer is in the child's best interest.  Factors to consider are: the past and present residence of the child, the child or the child's familial ties with the tribe or tribal community, special conditions and/or need of the child and the tribes ability to meet those needs, the proper time to accept jurisdiction, whether before or after adjudication, the location of the witnesses, documents and other evidence and the existence of subpoena and other process limitation of tribal jurisdictions.
 
f)          Continuity in the child's surroundings and emotional contact.
 
g)         The child's family or extended family or other interested parties' wishes.
 
h)         Notify the parent, guardian or custodian of the child and all other interested parties, including but not limited to grandparents, who have expressed an interest in the decision of the transfer.  Notice shall be sent by certified mail with return receipt requested.
 
i)          If the Chief Judge shall determine that transfer is in the child's best interest, then the Chief Judge shall file a petition with the referring court for transfer of jurisdiction pursuant to U.S.C. Section 1911.
 
j)          In the event of declination by the Court, find the extent of intervention by the Court.
 
k)         If intervention and transfer is in the child's best interest, the Red Lake Band of Chippewa Indians shall adopt a resolution requesting the transfer.
 
The Chief Judge of the Red Lake Nations Court shall complete the above duties with ten (10) days after receiving the referral notice, unless a twenty (20) day request for extension has been made pursuant to 25 U.S.C. Section 1912 subdivision (a).
 
vi.)       Proceedings Upon Transfer - Once a decision to transfer has been made, the Chief Judge shall immediately notify Social Services and/or a probation officer and a petition shall be filed forthwith.
 
(Section 700.02 Subd. 3A and 3B added to Tribal Code by Resolution No. 33-93, dated February 9, 1993)
(Section 700.02 Subd. 1 amended to Tribal Code by Resolution No. 292-93, dated September 14, 1993)

 
700.03             Expert Assistance
 
The Juvenile Court may request physical and mental assistance in the case of a child who is believed to be physically or mentally diseased or defective and may refer the child to the proper facility for such assistance.

 
700.04             Reference For Prosecution As An Adult
 
Subdivision 1. When a child is alleged to have violated a Reservation law or ordinance after becoming 14 years of age the Juvenile Court may enter an order referring the alleged violation for prosecution as an adult under the laws in force governing the commission of and punishment for offenses of the Reservation laws and ordinances.

 
Subdivision 2. The Juvenile Court may enter an order for reference only if:
 
a)         A petition has been filed alleging the child to be delinquent, neglected or dependant in accordance with Chapter 700.05; and
 
b)         After a petition has been filed, the Reference Hearing shall be held in five (5) working days, with notice given in accordance with Chapter 700.08, and the child shall be held until such hearing; and
 
c)         A hearing has been held in accordance with the provisions of Chapter 700.10; and
 
d)         The Court finds there is probable cause to believe the child committed the offense alleged by the delinquency petition and the prosecution has shown beyond a reasonable doubt that the public safety is not served under the provisions of the law relating to Juvenile Courts.

 
Subdivision 3. When a Juvenile Court enters an order of reference, the case shall proceed as if jurisdiction of the Juvenile Court has never been involved.

 
Subdivision 4. After a child has been referenced for adult prosecution, juvenile jurisdiction shall no longer attach while child remains under the age of eighteen (18).
 
(Section 700.04 amended to Tribal Code by Resolution No. 162-95, dated July 20, 1995)

 
700.05             Petition
 
Subdivision 1. Petition.  Any person having knowledge of a child who is a residence of the Red Lake Indian Reservation who appears to be delinquent, neglected or dependent or subject to act of domestic child abuse, may petition the Juvenile Court in the manner provided in this Chapter.

 
Subdivision 2. Contents of Petition.  The petition shall set forth the following information:
 
a)         The name, address and telephone number of the petitioner; and
 
b)         The facts which bring the child within the jurisdiction of the Juvenile Court; and
 
c)         The name, date of birth, residence and telephone number of the child; and
 
d)         The names, address and telephone number of the child's parents, or guardian or of the person having custody and control of the child; and
 
e)         The names, address and telephone number of the child's spouse if there be one; and
 

700.06             Habitual Truants, Runaways, Juvenile Petty Misdemeanant
 
Subdivision 1. Summons.  When any individual has probable cause to believe that a child is a habitual truant, runaway or juvenile petty misdemeanant, he/she shall report the matter to the Red Lake Police Department and the Police Department after investigation shall issue a summons to the child to appear in Juvenile Court on a certain day and time.  A copy of the summons shall be filed with the Clerk of Court.  The summons shall notify the child of the nature of alleged violation.  If the police officer finds it necessary to take the child into custody, Chapter 700.12 and 700.13 shall apply.

 
Subdivision 2. Effect of Summons.  Filing the summons with the Court has the effect of a petition giving the Juvenile Court jurisdiction.

 
Subdivision 3. Notice of Parent.  Whenever a child has been served with a summons as
provided in Subdivision 1, a copy of the summons shall be served on the person or persons having custody and control of the child.  The summons shall be served in accordance with Chapter 700.08.


 
700.06A          Curfew

 
Subdivision 1. Any child found outside their residence in public places after the hours of curfew, as defined in Chapter 500, without their parent, guardian or legal custodian shall deem be a delinquent act subject to disposition under the juvenile code.

 
Subdivision 2. Any child found to be in violation of subdivision 1 shall be mandatorily held until the next session of the Red Lake Tribal Courts, provided such session is within 72 hours.
 
Except that:     
 
A)        Child may be released to parent or guardian upon posting of $100 bail, or
B)        Child may be released upon a citation wherein:
 
1.  Child signs an admission of the violation
2.  Parent or guardian signs acknowledging child's admission
3.  Cash fine is paid.

 
Subdivision 3. The penalty for a curfew violation:
 
1.  shall not exceed $100 for the first violation
2.  nor shall it exceed $200 for individuals previously found to have violated this section.
 
(Section 7006A and a Curfew Citation added to the Tribal Code by Resolution No. 162-95, dated July 20, 1995)

 
Number                                        CURFEW CITATION                             Date                            
 
                                                           has been detained on the basis that                             feels that the above named individual is in violation of Red Lake Code Section 700.06A Curfew.  The facts alleged by the officer which provide the basis for his claim are as follows:
 
On this basis, the above named will be detained until the next possible time for a court appearance in Red Lake Tribal Court, provided such appearance be within 72 hours.  At that time the child will be given the opportunity to admit or deny a violation.  If the child admits, his or her disposition may include a fine of up to $100.00 for a first violation and/ or community service, or $200.00 for successive violations, and/or community service and probation.  If the child denies the allegation, a court trial will be set for this matter.  At the trial, the judge will decide whether or not a violation has occurred based upon the evidence presented.  The penalties for violation found by a court trial are the same as those listed for a court admission. 
 
Should the child wish to waive any court appearances and make an admission to the violation at this time, the child will be released without further detention provided:
 
1.  The child signs the admission of guilt below.
2.  A parent or guardian signs this form acknowledging that he or she has had the
opportunity to discuss this matter with the child.
3.  A $25.00 cash fine has been paid to the police department to cover the fine for the violation.
a)  First or second violation $25.
b)  More than two violations $50.
 
I HEREBY ACKNOWLEDGE THAT I VIOLATED SECTION 700.06A  CURFEW AS DESCRIBED ABOVE.  BY SIGNING THIS FORM I AM HEREBY ADMITTING MY GUILT AND WAIVING MY RIGHT TO HAVE THIS MATTER BROUGHT BEFORE THE RED LAKE TRIBAL COURT.
 
                                                                                                                                                                                                    
Child                                                                       Date
 
I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE FORM AND THAT I HAVE DISCUSSED IT WITH THE CHILD AND WISH TO MAKE AN ADMISSION TO THE VIOLATION. 
 
                                                                                                                                                                                                  
Parent or Guardian                                               Date                                                                                                                       
AS A POLICE OFFICER OR STAFF AT THE RED LAKE POLICE DEPARTMENT, I HAVE PRESENTED THIS FORM TO THE JUVENILE AND HIS OR HER PARENT OR GUARDIAN AND BELIEVE THAT THEY HAVE HAD ADEQUATE TIME TO CONSIDER AND DISCUSS THIS MATTER PRIOR TO SIGNING IT. 
 
                                                                                                                                                                                                  
(Officer or Staff Member of the Red Lake                                                        Date
Police Department)
 

 
700.06B          Consumption and Intoxification by a Juvenile
 
Any child who is found consuming alcohol or under the influence of any intoxicant, including and not limited to alcohol, inhalants, and controlled substance, as defined in drug code section shall be a delinquent act subject to disposition under the juvenile code.
 
(Section 700.06B was previously cited as 700.17, Section has been renumbered to 700.06B by Resolution No. 162-95, dated July 20, 1995)
 

700.06C          Prohibited Use of Inhalants
 
Subdivision 1.  No person under eighteen (18) years of age shall inhale, breathe, or drink any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, zylone, freon, ethyl acetate, methyl ethyl ketone, trichlorethane, isopropanol methyl isobutyl ketone,  methyl cellosolve acetate, cyclochexanone, butylnitrite, or any similar substance which the local drug abuse office have declared to have potential for abuse and toxic effects on the central nervous system with the intent of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner change, distort or disturb the hearing, visual or mental processes.  Such a violation shall be deemed a delinquent act.

 
Subdivision 2.  No person under eighteen (18) years of age shall possess or buy any glue, spray paint, inhalant, or room odorizer, containing the intoxicating substances defined in subdivision 1.  Such a violation shall be deemed a delinquent act.

 
Subdivision 3.  No person under eighteen (18) years of age shall possess or buy any mace or similar product.  Such a violation shall be deemed a delinquent act.
 
(Section 700.06C added to the Tribal Code by Resolution No. 162-95, dated July 20, 1995)
 


700.07             Summons

 
Subdivision 1. After a petition has been filed, the Court shall set a time and place for a hearing and shall issue a summons requiring the person who has custody or control of the child to appear before the Juvenile Court with the child.  The summons shall have a copy of the petition attached and shall advise the parties of their right to counsel.
 
Subdivision 2. Notice of the case and of the time and place of the hearing shall be served on the parent, guardian or spouse of the child.
 
Subdivision 3. If it should appear from the petition or by a sworn affidavit attached to the petition that there are reasonable grounds to believe the child's health, safety or welfare are endangered by the current conditions, and that the child's custody should be immediately assumed by the court, the court may enter an order and attach it to the summons directing the police department to take the child into immediate custody.
 

700.08             Service of Summons; Notice
 
Service of the summons and notice required by Chapter 700.07 shall be made in the same manner as in civil actions.

 
700.09             Investigations
 
After a petition has been filed and the child has made an initial appearance before the Juvenile Court, the Juvenile Court may request proper authorities, to investigate the child, his family and the environment in which the child is living and file its report and recommendations with the Juvenile Court.  The Juvenile Court may order any child coming within its jurisdiction to be examined by a qualified physician, psychiatric or psychologist appointed by the Juvenile Court.

 
700.10             Hearing
 
Subdivision 1. Hearing in Juvenile Court shall be held without a jury and may be conducted in an informal manner.  The Juvenile Court shall exclude the general public from the hearings and admit only those persons who have a direct interest in the case or in the work of the Juvenile Court. 

 
Subdivision 2. The minor, parent, guardian or custodian have the right to counsel at their own expense; except, if the minor is unable to employ counsel, the court shall appoint counsel for him.

 
Subdivision 3. Except in delinquency proceedings, the court may waive the presence of the minor in court at any stage of the proceedings when it is in the best interests of the minor to do so.
 

Subdivision 4. The minor, his parent, guardian or custodian are entitled to be heard, to present evidence and to cross examine witnesses at the hearing.

 
Subdivision 5. Waiver of any rights which a child has under this Title must be an express waiver intelligently made by the child after the child has been fully and effectively informed of the right being waived.  If the child is under twelve (12) years of age, the child's parent, guardian or custodian shall give any waiver contemplated by this Title.

 
700.11             Records
 
The Juvenile Court Judge shall keep such minutes and in such manner as he deems necessary and proper.  The Clerk of Juvenile Court shall keep and maintain a file on each case that comes before the Juvenile Court.  The records maintained in this file shall be available to the Juvenile Court in any subsequent juvenile proceedings involving the same child and to an adult court for purposes of sentencing a subsequent proceeding involving the same child.  The file shall also be open to inspection by the minor to whom the file relates and to his parents and guardian.  None of the records of the Juvenile Court shall be open to public inspection or their contents disclosed except by order of the court.

 
700.12             Taking Child Into Custody
 
Subdivision 1. No child may be taken into custody except:
 
a)         With an Order issued by the Juvenile Court pursuant to 700.07(3); or
 
b)         In accordance with the laws of arrest; or
 
c)         By a police officer when the child has run away from his parent, guardian or custodian or the police officer reasonable believes such child has run away from his parent, guardian or custodian; or
 
d)         By a police officer when a child is found in surroundings or conditions which endanger the child's health or welfare or which such police officer believes will endanger such child's health or welfare; or
 
e)         By a police officer when it is reasonable believed that the child has violated the terms of his probations or parole.


 
700.122           Identification Data
 
It shall hereby be the duty of the law enforcement personnel of the Red Lake Indian Reservation to take or cause to be taken finger and thumb prints, photographs and such other identification data as may be requested of all juveniles taken into custody who are accused of being a delinquent child.
 
(Section 700.122 added to Tribal Code by Resolution No. 308-92 dated September 15, 1992)


 
700.13             Release or Detention
 
Subdivision 1. When a child is taken into custody as provided in Chapter 700.12, the parent, guardian or custodian of the child shall be notified as soon as possible.  Except where the immediate welfare of the child or the protection of the community require that the child be detained, the child shall be released to the custody of his/her parent, guardian or custodian or other suitable person on  the posting of bail or bond, and the promise of such person to bring the child to the Court, if necessary, at such time as the Court may direct.
 
Subdivision 2. If the child is not released as provided in Subdivision 1, the person taking the child into custody shall notify the Court as soon as possible of the detention of the child and the reasons for detention.  The child may be detained in a place of detention specified in Chapter 700.15 for not longer than 72 hours, excluding Saturdays, Sundays and legal holidays, after the taking into custody unless an order for detention, specifying the reason for detention, is signed by a judge of Juvenile Court.  No child may be held longer than 72 hours, excluding Saturdays, Sundays or legal holidays, after the taking into custody unless a petition has been filed and a hearing is held in which it is determined that the child shall remain in custody.  The parent, guardian or custodian of the child shall be notified of the place of detention as soon as possible.
 
(Section 700.13, Subd. 2 Release or Detention changed from 24 hours and 48 hours to 72 hours in the Tribal Code by Resolution No. 308-92, dated September 15, 1992)

 
Subdivision 3. If  continued detention is not ordered, the Court or  designated officer shall release the child in the manner provided in Subdivision 1.  The Court may require the parent, guardian, custodian or other person to whom the child is released to post such bail or bond up to $500.000 or in extreme cases bail or bond shall be set at the discretion of the judge, which shall be forfeited to the Court if the child does not appear as directed, or does not live up to the terms of his or her release.
 
(Section 700.13 amended to the Tribal Code by Resolution No. 162-95, dated July 20, 1995)


 
700.14             Detention Hearing

 
Subdivision 1. A hearing shall be held within thirty-six (36) hours of a child's being taken into custody, excluding Saturdays, Sundays and legal holidays, to determine whether the child should continue in detention.  Unless it appears at the hearing that the child would endanger him/herself or others, not return to court for a future hearing, not remain in the care or control of the person to whose lawful custody the child is released or that the child's health or welfare would be immediately endangered, custodian or other suitable person as determined by the Juvenile Court.

 
Subdivision 2. If the Juvenile Court determines that the child should continue in detention, it may order detention continued for eight (8) days, excluding Saturdays, Sundays and legal holidays.  The Juvenile Court shall state in its order for continued detention the reasons for the order.

 
Subdivision 3. Copies of the Juvenile Court Order shall be served upon all of the parties.  Within the eight (8) day time period set forth, a hearing shall be held pursuant to Chapter 700.10.

 
700.15             Place of Detention

 
Subdivision 1. A child may be detained as provided by law in one of the following places:
 
a)         A suitable place designated by the Court for foster care; or
 
b)         A room entirely separate from adult in a jail, police station or other facility for the detention of adults.  A child may be detained in such a facility only if he is alleged to be delinquent, to have violated the terms of his probation, parole or other field supervision and if the child's habits, conduct or condition constitute a menace to him/herself to the extent that he/she cannot be detained in any available foster care facilities.
 
Subdivision 2. When a child is detained as provided in this section, the appropriate authorities, shall be immediately contacted to assist in arranging for the care of the child in a foster home or other suitable facility.

 
700.16             Deposition
 
Subdivision 1. Whenever the Juvenile Court finds that the minor is not within the jurisdiction of the Court or that the facts alleged in the petition have not been proved, it shall dismiss the petition.

 
Subdivision 2. Consideration of Reports.  Before making a disposition in a case, or termination of parental rights, or appointing a guardian for a child, the Court may consider any report or recommendation made by the appropriate authorities, or any other information deemed material by the Court.

 
Subdivision 3. Protection of Religious Affiliation.  The Court, in transferring legal custody of any child or appointing a guardian for him/her under the laws relating to Juvenile Court, shall place him/her so far as it deems practicable in the legal custody or guardianship of some individual holding the same religious belief as the parents of the child, or with some association which is controlled by persons of like religious faith with the parents.

 
Subdivision 4. Termination of Jurisdiction.  The Court may dismiss the petition or otherwise terminate its jurisdiction on its own motion or on the motion or petition of any interested party at any time when it feels it is in the best interest of the child to do so.  Unless otherwise terminated by the Court, the jurisdiction of the Court terminates when the individual is no longer a child.

 
700.16             Curfew.
 
Any child found outside their residence in public places after the hours of curfew, as defined in Chapter 500, without their parent, guardian or legal custodian shall deem be a delinquent act subject to disposition under the juvenile code.
 
(Section 700.16, Curfew added to Tribal Code by Resolution No. 54-95 dated March 14, 1995)


 
700.17             Disposition, Delinquent Child. 
 
Subdivision 1. If the Court finds that the child is delinquent, it shall enter an order making any of the following dispositions of the case which are deemed necessary to the rehabilitation of the child:
 
a)         Counsel the child or his parents, guardian or custodian;
 
b)         Place the child under the supervision of the Red Lake Tribal Social Services, or other suitable person in his own home under conditions prescribed by the Court including reasonable rules for home conduct and the conduct of his parents, guardians or custodian, designed for the physical, mental, and moral well-being and behavior of the child;
 
c)         Subject to the continual supervision of the Court, transfer legal custody of the child to:
 
1)         A reputable individual of good moral character and place the child in an approved foster home within the reservation; or
 
2)         If such individual is not available and only then, to a reputable individual of good moral character and place the child in an approved foster home outside the reservation, provided prior written consent of the child's parents or guardian and approval of the Director of the Red Lake Tribal Social Services is obtained.
 
d)         If the child is found to have violated a local law or ordinance which has resulted in damage to the property of another, the Court may order the child to make reasonable restitution for such damages through imposing a lien or attachment upon a child's individual Indian Monies (I.I.M.) account or garnishment of parent's earnings to satisfy restitution.
 
e)         If the child is in need of special treatment and care for his/her physical or mental health, and the child's parents, guardian or custodian fail to provide this treatment or care, the Court may order the child's parents, guardian or custodian to provide it.  If the parent, guardian or custodian fails to provide this treatment or care, the Court may request it be provided by the appropriate agency. 
 
f)          If the Court believed that it is in the best interest of the child and of public safety that the driver's license of the child be canceled until his/her eighteenth birthday,  the Court may recommend to appropriate authorities the cancellation of  such privileges for any period up to the child's' eighteenth birthday.  At any time before the termination of the period of cancellation, the Court may, for good cause, recommend to the appropriate authorities that the child's driving privileges be reinstated.
 
g)         Require the child to pay a fine of up to $500.

 
Subdivision 2. The Court may expunge the adjudication of delinquency at any time that it deems advisable.
 

Subdivision 3. When it is in the best interests of the child to do so and when the child has admitted the allegations contained in the petition before the judge, but before a finding of delinquency has been entered, the Court may continue the case for a period not to exceed ninety (90) days.  During this continuance, the Court may enter an order in accordance with the provisions of Subdivision 1, clause a or c or enter an Order to hold the child in detention for a period not to exceed thirty  (30) days on any one order for the purpose of completing any consideration, or an investigation or examination ordered in accordance with the provisions of law.

 
Subdivision 4. All orders for supervision hereunder shall be for an indeterminate period unless otherwise specified by the Court, and shall be reviewed by the Court at least annually.  However, before an order has expired and upon the Court's own motion or that of any interested party, the Court has continuing jurisdiction to renew the order, or after notice to the parties and a hearing, make some other disposition of the case, until the individual is no longer a child.  Any person to whom legal custody is transferred shall report to the Court in writing at such periods as the Court may direct.

 
Subdivision 5. When the Court finds that a child is delinquent, a copy of its order for disposition shall be furnished to the Chief Law Enforcement Officer of the Red Lake Reservation at the request made by the Chief Law Enforcement Officer to the Court.  In its request, the Chief Law Enforcement Officer shall state in writing the reason(s) it needs a copy of the dispositional order.  All records maintained by the Chief Law Enforcement Officer of the Red Lake Reservation pertaining to juvenile court proceedings shall not be open to public inspection and their contents shall not be disclosed except by Court order.

 
Subdivision 6. When a child is petitioned and found by the Court to have committed or attempted to commit an act in violation of Section 503.03, 508.03, 508.05, 508.06, 508.07, or 503.08, the Court shall determine treatment needs of child and may place the child at the Red Lake Detention facility for a period of up to one (1) year and require child to successfully complete any therapy, under the supervision of the Indian Health Service, based upon the needs presented by the child.

 
Subdivision 7. When a child is petitioned and found by the Court to have violated any enumerated Section in Subdivision 6 of this Section, such child, by and through his or her parent or guardian shall register pursuant Section 411.02.
 
(Section 700.17 Subdivision 5 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)
(Section 700.17 Subdivision 6  and 7 added to Tribal Code by Resolution No. 162-95, dated July 20, 1995)
(Section 700.17 Subd. 6 & 7 revised and amended to Tribal Code by Resolution No. 167-95, dated August 8, 1995)


 
700.18             Disposition; Neglect, Dependent, Abused Child
 
Subdivision 1. Disposition.  If the Juvenile Court finds that the child is neglect or dependent, it shall enter an order making any of the following dispositions of the case:
 
a)         Place the child under the protective supervision of the Red Lake Tribal Social Services, in his own home, or in a foster home under conditions prescribed by the Court directed to the correction of the neglect or dependency of the child;
 
b)         If the child is in need of special treatment and care for his physical or mental health, the Court may order the child's parent, guardian or custodian to provide it.  If the parent, guardian or custodian fails to provide this treatment or care, the Court may request it be provided by the Red Lake Tribal Social Services;
 
c)         Subject to the continual supervision of the Court, transfer legal custody of the child to:
 
A reputable individual of good moral character and place the child in an approved foster home within the reservation; if such individual is not available, and only then to a reputable individual of good moral character and place the child in an approved foster home outside the reservation provided prior written consent of the child's parents or guardian and approval of the Director of the Red Lake Tribal Social Services Office is obtained.
 

Subdivision 2. Court Orders.  All orders under this section shall be for a specified length of time set by the Court not to exceed one (1) year.  However, before the Order has expired and upon its own motion or that of any interested party, the Court has continuing jurisdiction to renew the Order or, after notice to the parties and a hearing, make some other disposition of the case, until the individual is no longer a child.  Any person to whom legal custody is transferred shall report to the Court in writing at such periods as the Court may direct.
 

Subdivision 3. Child Abuse.  If the Juvenile Court finds that the child is a victim of child abuse as defined in Section 700.01(8), it may order any of the following dispositions of the case in addition to or as alternatives to the dispositions authorized by Subdivision 1:
 
a)         Restrain any party from committing acts of domestic abuse;
 
b)         Exclude the abusing party from the dwelling where the child is residing;
 
c)         Provide counseling, treatment or other social services for the family or household members or abusing party;
 
d)         All orders under this Section shall be for a specified length of time set by the Court not to exceed one year.  Upon motion of any interested party or upon the Court's own motion, after hearing, the order may be renewed for another year or until the child is no longer a minor.


 
700.19             Juvenile Traffic Offender; Procedures, Dispositions
 
Subdivision 1. A child who violates a reservation traffic law, ordinance, or regulation, or who violates a federal, or reservation water traffic law shall be adjudicated a "juvenile highway traffic offender", as the case may be, and shall not be adjudicated delinquent, unless as in the case of any other child alleged to be delinquent, a petition is filed in the manner provided in Section 700.05, summons issued, notice given, a hearing held, and the Court finds as a further fact that the child is also delinquent within the meaning and purpose of the laws relating to Juvenile Courts.

 
Subdivision 2. When a child is alleged to have violated reservation traffic law, ordinance or regulation, the peace officer making the charge shall file a signed copy of the notice to appear with the Juvenile Court, and the notice to appear has the effect of a petition and gives the Juvenile Court jurisdiction.  Filing with the Court a notice to appear containing the name and address of the child allegedly violating a federal, or reservation local water traffic law and specifying the offense charged, the time and place of the alleged violation, shall have the effect of a petition and give the Juvenile Court jurisdiction.  Any reputable person having knowledge of a child who violates a reservation traffic law, ordinance or regulation may petition the Juvenile Court in the manner provided in Section 700.05.  Whenever a notice to appear or petition is filed alleging that a child is a juvenile highway traffic offender or a juvenile water traffic offender, the Juvenile Court shall summon and notify the persons required to be summoned or notifies as provided in Sections 700.07 and 700.08.  However, it is not necessary to notify more than one parent.

 
Subdivision 3. Before making a disposition of any child found to be a juvenile highway traffic offender, the Court may obtain from the appropriate authorities information of any previous traffic violations by this juvenile.  In the case of a juvenile water traffic offender, he may obtain from the office where such information is now or hereafter may be kept, information of any previous water traffic violations by such juvenile.

 
Subdivision 4. If after a hearing the Court finds that the welfare of a juvenile highway traffic offender or a juvenile water traffic offender or the public safety would be better served under the laws controlling adult traffic violators, the Court may transfer the case from its juvenile jurisdiction to its adult jurisdiction and proceed with the case as if the jurisdiction of the Juvenile Court had never attached.

 
Subdivision 5. If the Juvenile Court finds that the child is a juvenile highway or water traffic offender, it may make any one or more of the following dispositions of the case:
 
a)         Reprimand the child and counsel with the child and his parents;
 
b)         Continue the case for a reasonable period under such conditions governing the child's use and operation of any motor vehicles or boats as the Court may set;
 
c)         Require the child to attend a driver improvement school if one is available within the reservation;
 
d)         Recommend to the appropriate licensing authorities suspension of the child's drivers license.
 
e)         If the child is found to have committed two (2) moving highway traffic violations or to have contributed to a highway accident involving death, injury, or physical damage in exceed of $100.00, the Court may recommend to the appropriate licensing authorities, the cancellation of the child's license until he reaches the age of eighteen (18) years.  At any time before the termination of the period of cancellation, the Court may, for good cause, recommend to the appropriate licensing authorities, that the child's license be returned to him.
 
f)          Place the child under the supervision of the Red Lake Tribal Social Services, in his own home under conditions prescribed by the Juvenile Court including reasonable rules relating to his operation and use of motor vehicles or boats directed to the correction of his driving habits.
 

Subdivision 6. The Juvenile Court records of juvenile highway traffic offenders and juvenile water traffic offenders shall be kept separate from delinquency matters.


 
700.20             Disposition; Habitually Truant, Runaway or Petty Offenders
 
Subdivision 1. If the Juvenile Court finds that a child is a habitual truant, a runaway or a juvenile petty offender, it shall enter an order making any of the following dispositions of the case which it deems necessary to the rehabilitation of the child:
 
a)         Counsel the child, his parents, guardian or custodian;
 
b)         Place the child under the supervision of the Red Lake Tribal Social Services, or in his own home under conditions provided by the Juvenile Court;
 
c)         Subject to the supervision of the Juvenile Court, transfer legal custody of the child to the Red Lake Social Services,  or a reputable individual of good moral character;
 
d)         Require the child to pay a fine of up to $200.00.
 
e)         Require the child to participate in a community service project;
 
f)          Order the child to undergo a chemical dependency evaluation and if warranted by the evaluation, order participation by the child in any treatment program deemed appropriate by the Juvenile Court;
 
g)         If the Juvenile Court believes that it is in the best interests of the child and of public safety that the child's driver's privileges be suspended, the Juvenile Court may suspend the child's driving privileges for any length of time up to the child's eighteenth (18) birthday.   At any time, before the expiration of the period of suspension, the Court may, for good cause, reinstate the driving privileges.

 
Subdivision 2. The Juvenile Court may expunge the adjudication of a child as a habitual truant, a runaway or juvenile petty offender at any time it deems proper.
 
(Section 700.20 amended to the Tribal Code by Resolution No. 162-95, dated July 20, 1995)

 
700.21             Effect of Juvenile Court Proceedings
 
Subdivision 1. No adjudication upon the status of any child in the jurisdiction of the Juvenile Court shall operate to impose any of the civil disabilities imposed by conviction nor shall any child be deemed a criminal by reason of this adjudication, nor shall this adjudication be deemed a conviction of crime.  The disposition of the child or any evidence given by the child in the Juvenile Court shall not be admissible as evidence against him in any case or proceeding in any other Court, nor shall the disposition or evidence disqualify him/her in any future civil service examination, appointment or application.

 
Subdivision 2. Nothing contained in this Section shall be construed to relate to subsequent proceedings in Juvenile Court, nor shall preclude the Juvenile Court under circumstances other than those specifically prohibited in Subdivision 1, from disclosing information to qualified persons if the Court considers such disclosure to be in the best interest of the child or of the administration of justice.


 
700.22             Juvenile Court Disposition Bars Criminal Proceedings
 
A violation of a reservation law or ordinance by a child before becoming eighteen (18) years of age is not a crime unless the Juvenile Court refers the matter to the appropriate prosecuting authority in accordance with the provisions of Section 700.04.


 
700.23             Grounds for Termination of Parental Rights
 
The Juvenile Court may, upon petition, terminate all rights of parents to a child in the following cases:
 
Subdivision 1. With written consent of parents who for good cause desire to terminate their parental rights; or
 
Subdivision 2. If it finds that one or more of the following conditions exist:
 
a)         That the parents have abandoned the child; or
 
b)         That the parents have subsequently and continuously or repeatedly refused to give the child necessary parental care and protection; or
 
c)         That although the parents are financially able they have substantially and continuously neglected to provide the child with necessary subsistence, education, or other care necessary for his/her physical and mental health or morals or have neglected to pay for such subsistence, education or other care when legal custody is lodged with others; or
 
d)         That the parents are unfit by reason of debauchery, intoxication or habitual use of narcotic drugs, or repeated lewd and lascivious behavior, or other conduct found by the Court to be likely to be detrimental to the physical or mental health or morals of the child; or
 
e)         The following, upon a determination of neglect or dependency, reasonable efforts under the directions of the Court have failed to correct the conditions leading to the determination.


 
700.24             Procedure for Terminating Parental Rights
 
Subdivision 1. Any reputable person, including but not limited to, any representative of the Red Lake Tribal Social Services, having knowledge or circumstances which indicate that the rights of a parent to his/her child should be terminated, may petition the Juvenile Court in the manner provided in Section 700.05.

 
Subdivision 2. The termination of parental rights under the provisions of Section 700.23 shall be made only after a hearing before the Court, in the manner provided in Section 700.10.

 
Subdivision 3. The Court shall have notice of the time, place and purpose of the hearing served on the parents in the manner provided in Section 700.07 and 700.08, except that personal service shall be made at least ten (10) days before the day of the hearing; and notice sent by certified mail shall be mailed at least twenty (20) days before the day of the hearing.  A parent who consents to the termination of parental rights under the provisions of Section 700.23, may waive in writing the notice required by this paragraph; however, if the parent is incompetent his/her waiver shall be effective only if a guardian ad litem appointed by the Court for him/her concurs in writing.

 
Subdivision 4. No parental rights of an incompetent parent may be terminated on consent of the parents under the provisions of Section 700.23, unless the guardian ad litem, in writing, joins in the written consent of the parent to the termination of his/her parental rights.  Minority of parents shall not be a bar to the right of consent nor shall it invalidate such consent.

 
700.25             Disposition; Termination of Parental Rights
 
Subdivision 1. If, after a hearing, the Court finds that one (1) or more of the conditions set out in Section 700.23 exist, it may terminate parental rights.  If the Court terminates parental rights of both parents, or if the mother if the child is illegitimate, or of the only living parent, the Court shall order guardianship and legal custody of the child transferred to:
 
a)         A reputable individual of good moral character and place the child in an approved foster home with the reservation.  Or if such individual is not available, and only then, to
 
b)         A reputable individual of good moral character and place the child in an approved foster home outside the reservation; provided prior written consent of the child's parents or guardian and approval of the Red Lake Tribal Council is obtained.

 
Subdivision 2. The guardian appointed by a Juvenile Court under the provisions of this section has charge of the person of the child.  The guardian has the right to make decisions affecting the person of the child, including but not limited to the right to consent to marriage, enlistment in the armed forces, to medical, surgical, or psychiatric treatment and adoption.  The guardian has legal custody of the child unless legal custody is given by the Court to another person.  If legal custody is given by the Court to another person, the guardian has the right and responsibility of reasonable visitation, except as limited by the Court Order.  A Juvenile Court guardianship does not include the guardianship of any estate of the child.


Subdivision 3. A certified copy of the findings and the order terminating parental rights, and a summary of the Court's information concerning the child shall be furnished by the Court to the Red Lake Tribal Social Services.  The orders shall be on a document separate from the findings.  The Court shall furnish the individual to whom guardianship is transferred a copy of the order terminating parental rights.

 
700.26             Disposition; Parental Rights Not Terminated
 
If, after hearing, the Juvenile Court does not terminate parental rights, but determines that conditions of neglect or dependency exist, the Court may find the child neglected or dependent, and may enter an order in accordance with Section 700.18

 
700.27             Change of Guardian; Termination of Guardianship
 
Upon its own motion or upon petition of an interested party, the Juvenile Court having jurisdiction of the child may, after notice to the parties and a hearing, remove the guardian appointed by the Juvenile Court and appoint a new guardian.
 
Any child fourteen (14) years of age or older who is not adopted, but who is placed in a satisfactory foster home, may with the consent of the foster parents, join with the guardian appointed by the Juvenile Court in a petition to the Court having jurisdiction of the child to discharge the existing guardian and appoint the foster parents as guardians of the child.  The authority of a guardian appointed by the Juvenile Court terminates when the individual under guardianship attains eighteen years of age.

 
700.28             Rehearing; New Evidence
 
A child whose status has been adjudicated by a Juvenile Court or his parent, guardian, custodian or spouse may, at any time within ninety (90) days of the filing of the Court's Order, petition the Court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the Court's original adjudication or disposition.  Upon a showing that such evidence does exist, the Court shall order a new hearing and make such disposition of the case as the facts and the best interests of the child warrant.

 
700.29             Appeals
 
Subdivision 1. Persons Entitled to Appeal; Procedure.  An appeal may be taken by the aggrieved person from a final order affecting a substantial right of the aggrieved person, including but not limited to, an order adjudging a child to be dependent, neglect, delinquent, or a juvenile traffic offender.  The appeal shall be taken within thirty (30) days of the filing of the appealable order.  The Clerk of Court shall notify the person having legal custody of the child of the appeal.  Failure to notify the person having legal custody of the child shall not affect the jurisdiction of the Appellate Court.  The Order of the Juvenile Court shall stand, pending the determination of the appeal, but the reviewing Court may, in its discretion and upon application, stay the Order.

 
Subdivision 2. Court Hearing Appeal.  The appeal from the Juvenile Court is taken to the Appellate Court of the Red Lake Court of Indian Offenses which shall try to case De Novo.  The procedure on the appeal shall be as prescribed in the Red Lake Code of Indian Offenses.


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