The CIT shall include, but not be limited to, the following
NHBP service providers and/or their designee:
A.
Tribal social worker.
(1)
The tribal social worker will be in charge of scheduling and conducting
CIT meetings;
B.
Presenting Officer;
C.
Peacekeeper;
D.
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;
E.
A youth specialist worker; and
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.
A.
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.
B.
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.
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.
The responsibilities of the CIT shall include:
A.
Meeting at a minimum of one time per month or more often as requested
by Team members;
B.
Reviewing initial written report, any police report, and recommendations
of the assessment regarding the juvenile;
C.
Determining the scope of further assessments and who should be assigned
to conduct the assessments;
D.
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;
E.
Making recommendations regarding juveniles and families in state
court cases where the Tribe has intervened in the proceedings;
F.
Making a recommendation if the case shall proceed to adjudication
in the Tribal Court or remain with the CIT;
G.
Developing an appropriate service plan for the juvenile and his/her
family;
H.
Reviewing and modifying the service plan as necessary;
I.
Networking with other Tribal and state agencies to identify and access
services for juveniles and their families;
J.
Identifying resources within the tribal community that are not currently
available and informing the appropriate department head;
K.
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;
L.
Making recommendations to authorize the filing of status and nonstatus
offense petitions regarding juveniles in Tribal Court pursuant to
this chapter;
M.
Engaging in further activities to protect and improve the welfare
of the juveniles and members of the NHBP; and
N.
Attending all training which is identified as necessary and appropriate
to permit the CIT to carry out its duties under this chapter.
The CIT shall also provide assistance to families by:
A.
Identifying available community resources, programs and services;
B.
Providing recommendations to agencies concerning services needed
by families or individuals;
C.
Promoting cooperation, communication and consistency among agencies;
D.
Providing a forum for debating what actions would best promote the
well-being of Indian juveniles;
E.
Responding to inquiries from the community, area child protection
teams and other individuals and groups; and
F.
Assisting in the development and implementation of strategies by
communities to promote the dignity, self-worth, self-respect and self-sufficiency
of community members.
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.
A.
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:
(1)
Murder.
(2)
Manslaughter.
(3)
Rape.
(4)
Assault with intent to commit murder.
(5)
Arson.
(6)
Burglary.
(7)
Larceny.
(8)
Kidnapping.
(9)
Incest.
(10)
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.
B.
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.
C.
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 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.
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.
A.
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.
B.
Council will work in coordination with the judiciary to develop a
program to implement these rights.
A juvenile suspected of kyé batze shall be entitled to
the following throughout the diversion process:
A.
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.
B.
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.
C.
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.
D.
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.
E.
The CIT designee or Assessor shall set forth in writing the conference
findings and the disposition agreed to by the parties.
F.
Upon successful completion of the diversion, the Presenting Officer
will be notified and no further action will be required.
G.
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.
H.
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.
