Nottawaseppi Huron Band of the Potawatomi, MI Juvenile Justice Procedures

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Article VII Juvenile Justice Procedures

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§ 7.3-15 Case Intake Team (CIT); membership.

The CIT shall include, but not be limited to, the following NHBP service providers and/or their designee:

Tribal social worker.

(1)

The tribal social worker will be in charge of scheduling and conducting CIT meetings;

Presenting Officer;

Peacekeeper;

A recognized veteran or tribal elder from the Tribe to be a juvenile advocate.

(1)

The veteran or elder will meet individually with the juvenile and assess his/her position and character, and will advocate for the juvenile's best interests during meetings and CIT voting;

A youth specialist worker; and

Any other necessary service providers deemed appropriate.

(1)

In the event of a tie among the members, an appropriate tribal-service provider or tribal member trusted in the community may be brought in to vote upon hearing the report and members' positions.

§ 7.3-16 Nontribal service providers.

Nontribal service providers may be invited to the meetings to provide information and guidance in certain cases. The CIT may decide by consensus to include a nontribal service provider to be a member of the team, but the nontribal service provider would not have voting privileges.

§ 7.3-17 Confidentiality of CIT meetings.

Generally. Meetings of the CIT shall not be open to the public except for persons authorized to attend by the entire team. Confidentiality of case information shall be maintained. CIT members are subject to the same standards of confidentiality as Court personnel, social service workers and other professionals.

Records of proceedings. Case materials and all other CIT records shall be maintained in a confidential manner. Case summaries may only be provided to CIT members at the meeting.

§ 7.3-18 Voting.

Actions by the CIT will be decided by a majority of those present at the meeting. Nontribal service providers shall not be eligible to vote. Any action may be ratified by nonattending members. If ratification is sought, all nonattending members shall be contacted personally, or by phone or fax, and all ratifications shall be reduced to writing and placed in the minutes and approved at the next regularly scheduled meeting.

§ 7.3-19 Duties of the CIT.

The responsibilities of the CIT shall include:

Meeting at a minimum of one time per month or more often as requested by Team members;

Reviewing initial written report, any police report, and recommendations of the assessment regarding the juvenile;

Determining the scope of further assessments and who should be assigned to conduct the assessments;

Being advised of pending state court proceedings involving juveniles and making recommendations regarding intervention in such proceedings and transfer of jurisdiction from state court to Tribal Court;

Making recommendations regarding juveniles and families in state court cases where the Tribe has intervened in the proceedings;

Making a recommendation if the case shall proceed to adjudication in the Tribal Court or remain with the CIT;

Developing an appropriate service plan for the juvenile and his/her family;

Reviewing and modifying the service plan as necessary;

Networking with other Tribal and state agencies to identify and access services for juveniles and their families;

Identifying resources within the tribal community that are not currently available and informing the appropriate department head;

Cooperating with state and community agencies in other jurisdictions and negotiating agreements for accessing services provisions. Such agreements shall be subject to the ratification of the Tribal Council, unless otherwise delegated;

Making recommendations to authorize the filing of status and nonstatus offense petitions regarding juveniles in Tribal Court pursuant to this chapter;

Engaging in further activities to protect and improve the welfare of the juveniles and members of the NHBP; and

Attending all training which is identified as necessary and appropriate to permit the CIT to carry out its duties under this chapter.

§ 7.3-20 CIT facilitation services.

The CIT shall also provide assistance to families by:

Identifying available community resources, programs and services;

Providing recommendations to agencies concerning services needed by families or individuals;

Promoting cooperation, communication and consistency among agencies;

Providing a forum for debating what actions would best promote the well-being of Indian juveniles;

Responding to inquiries from the community, area child protection teams and other individuals and groups; and

Assisting in the development and implementation of strategies by communities to promote the dignity, self-worth, self-respect and self-sufficiency of community members.

§ 7.3-21 CIT assessment.

The Presenting Officer shall receive or be forwarded all complaints from the NHBP Police Department. The Tribe's Presenting Officer shall review all complaints for legal sufficiency. If the Presenting Officer determines that the complaint is legally sufficient, it will then be reviewed by the CIT subject to Subsection A of this section.

If the alleged kyé batze is within the following 14 categories, the presumption of the case management shall be with the Presenting Officer and the CIT shall not be forwarded the complaint. The Presenting Officer may file a petition for adjudication, or evaluate the kyé batze on an individual basis for diversion or charge alternatives:

Murder.

Manslaughter.

Rape.

Assault with intent to commit murder.

Arson.

Burglary.

Larceny.

Kidnapping.

Incest.

Assault with a dangerous weapon.

(11)

Assault resulting in serious bodily injury.

(12)

Assault with intent to commit rape.

(13)

Robbery.

(14)

Felonious sexual molestation of a minor.

If the alleged kyé batze is other than those listed in Subsection A of this section, the presumption of the case management shall be with the CIT and complaints will be forwarded to it, with the reservation of discretion maintained by the Presenting Officer to evaluate the case on an individual basis for adjudication, or charge alternatives.

The Presenting Officer shall present complaints to the CIT at the next meeting or fourteen (14) calendar days from when the complaint is received, whichever is sooner. The CIT initial assessment shall be completed within twenty-one (21) calendar days of when the complaint is received from the Presenting Officer. The Assessor shall be a person as designated by the CIT or other appropriate person. The assessment shall include, but not be limited to, interviewing the juvenile, gathering family background and conducting a home evaluation. The Assessor shall also talk to the victim(s) and gather information regarding the incident. Based upon the information gathered, the Assessor shall write a report which shall include recommendations and present it to the CIT.

The CIT shall review all recommendations and shall:

(1)

Decide not to proceed with any action;

(2)

Refer the matter to Peacekeeping;

(3)

Develop a case plan for the juvenile; or

(4)

Refer the matter to Tribal Court for adjudication.

Removal. The CIT cannot remove a juvenile from his/her home. A Court may order removal in emergency situations under § 7.3-40, Preliminary hearing; emergency removal.

§ 7.3-22 Review.

The CIT shall review the juvenile's progress every thirty (30) calendar days. The CIT shall request and the Presenting Officer shall file a petition for formal adjudication upon a finding by the CIT that the plan has not been substantially followed. In any event, if the plan has not concluded within six (6) months, the Presenting Officer shall file a petition for formal adjudication. Nothing in this section prevents the Court from extending the plan and withholding judgment after evidence and testimony have been considered and there is a likelihood of success if the plan is continued.

§ 7.3-23 Sex offender registration and notification code.

If a juvenile is adjudicated as delinquent for a sex offense under Chapter 8.7, Sex Offender Registration, the juvenile must comply with all requirements of that chapter.

§ 7.3-24 Victims' rights.

A victim of a juvenile's kyé batze shall to the greatest extent possible have the following rights throughout the process set forth in this chapter:

(1)

Receive a written statement of his or her rights.

(2)

Receive information, support, assistance, compensation, and services, which are available for the purpose of aiding a victim.

(3)

To be involved and encouraged to provide input into the restorative/corrective process, particularly into how juvenile offenders will repair the harm done.

(4)

Have the opportunity to meet with juvenile offender(s) at the dispositional hearing, before the CIT, or in conjunction with peacekeeping, when determined to be appropriate and in a safe environment, and tell their story to the offender(s) and others if they so desire.

(5)

Receive restitution and/or other reparation from the parents or guardians of the juvenile offenders who were in charge of the care and responsibility of the juvenile.

(6)

The right to reasonable, accurate, and timely notice of any court proceeding or diversion process involving the crime, or of any release or escape of the accused.

(7)

The right to be treated with fairness and with respect for the victims' dignity and privacy.

Council will work in coordination with the judiciary to develop a program to implement these rights.

§ 7.3-25 Juveniles' rights in diversion.

A juvenile suspected of kyé batze shall be entitled to the following throughout the diversion process:

The conference to consider alternatives to the filing of a petition with the court or to consider alternatives to the authorization of a petition shall not be held until after the questioning, if any, of the minor has been completed or after an investigation has been made concerning the alleged offense. Mention of, or promises concerning, diversion shall not be made by a law enforcement official or court intake worker in the presence of the minor, or the minor's parent, guardian, or custodian, during any questioning of the minor. Information divulged by the minor during the conference or after the diversion is agreed to, but before a petition is filed with the court or has been authorized, shall not be used against the minor.

If a conference held under this section results in diversion that imposes conditions on the minor and that will prevent the filing of a petition with the court or the authorization of a petition, the terms of the diversion agreement shall be set forth in writing, dated, and signed by a CIT member, Tribal Juvenile Probation Officer, the Peacekeeping Coordinator, or the Presenting Officer; the minor, and the minor's parent, guardian, or custodian.

If there is a decision to divert the minor accused of kyé batze through either a case plan or peacekeeping services, the CIT, the Tribal Juvenile Probation Officer, the Peacemaker Coordinator, or the Presenting Officer may hold an informal conference with the juvenile and the juvenile's parent(s), guardian or custodian to discuss alternatives to the filing or authorizing of a petition if:

(1)

The facts bring the case within the jurisdiction of the Court;

(2)

A diversion of the matter would be in the best interests of the juvenile and the Tribe; and

(3)

The juvenile's parent(s), guardian or custodian voluntarily consent to the diversion conference after they have received an explanation of their rights, including:

(a)

The right to decline diversion or Peacekeeping services;

(b)

The alternative referral programs available and the criteria utilized to determine whether to file a petition with the Court or to dispose of the petition with a referral; and

(c)

That if diversion is agreed to and the minor complies with the terms of the diversion agreement, a petition cannot be filed or authorized with the Court.

This section does not authorize the CIT, the Tribal Juvenile Probation Officer, the Peacekeeping Coordinator, or the Presenting Officer to compel involuntary action of the parties involved.

The CIT designee or Assessor shall set forth in writing the conference findings and the disposition agreed to by the parties.

Upon successful completion of the diversion, the Presenting Officer will be notified and no further action will be required.

If a conference is held under this section and an agreement is not reached, a petition may be filed or authorized with the Court as provided by this chapter. If an agreement is not reached and a petition is to be filed, the petition shall be filed with the Court not later than thirty (30) calendar days after the conference.

If the minor fails to substantially comply with the terms of the diversion agreement and the referral plan, the diversion agreement may be revoked. If the diversion agreement is revoked, a petition may be filed or authorized with the Court as provided by this chapter.