Nottawaseppi Huron Band of the Potawatomi, MI Article VIII Filing of Petition

§ 7.3-26 Authorization to file petition.

A. Complaint. All complaints alleging that a juvenile has committed kyé batze must be filed with the NHBP Police Department and investigated accordingly. The complaints shall then be immediately forwarded to the Presenting Officer to be reviewed for a determination of legal sufficiency.

B. Petition. If an assessment is conducted pursuant to § 7.3-21, if appropriate, and proves unsuccessful or the case plan was not followed, a petition shall be filed against the juvenile. The Presenting Officer is responsible for filing the petition in all instances whether by recommendation of the CIT or pursuant to § 7.3-21B. The petition shall be filed with the Juvenile Court.

C. Time limitations for filing a petition:

(1) If a juvenile has been removed from the home under § 7.3-40, a petition shall be filed with the Juvenile Court within two (2) calendar days, or the juvenile must be returned to his/her home; or

(2) If a juvenile has not been removed from the home, a petition shall be filed within sixty (60) calendar days of when the petition was recommended or authorized.

§ 7.3-27 Contents of petition.

The petition shall set forth the following with specificity:

A. The name, birth date, sex, residence and tribal affiliation of the juvenile;

B. The basis for the Court's jurisdiction;

C. The specific allegations of the juvenile's kyé batze, including the citation to the Code section that was violated;

D. Date, time and location of which the alleged facts occurred;

E. The names, residence and tribal affiliation of the juvenile's parents, guardians or custodians, if known;

F. The names, relationships, and residences of all known members of the juvenile's immediate or extended family and all former caregivers, if known. If the identity, residence or location of any parent, guardian, or custodian is unknown, the name, relationship and address of any known adult relative(s) residing in the same city or county as the juvenile;

G. If the juvenile is placed outside of the home under § 7.3-40, the following information must be stated in the petition:

(1) Where the juvenile is placed;

(2) The facts surrounding the placement; and

(3) The date and time of the placement.

H. The name of the Presenting Officer;

I. The type of relief requested, including if temporary custody is sought; and

J. If any matter required to be set forth in Subsections A through H of this section are not known, a statement that they are not known must be made.

§ 7.3-28 Dismissal of petition; continuance.

A. Complaint. Unless a continuance is granted pursuant to Subsection B or § 7.3-45, a petition alleging that a juvenile has committed kyé batze shall be dismissed without prejudice if a preliminary hearing is not held within:

(1) Two (2) calendar days from the date the petition is filed if a juvenile is taken into custody; or

(2) Twenty-one (21) calendar days from the date the petition is filed when a juvenile is not in custody or released to his/her parent, custodian or guardian.

B. Continuance. Notwithstanding the time limitations specified in Subsection A, above, the time for holding the preliminary hearing may be continued upon motion of the Presenting Officer if the parent, guardian or custodian or other material evidence and/or witnesses are unavailable. The motion must include information regarding the nature of the material evidence presently unavailable and/or the names and addresses of unavailable persons or other witnesses. A continuance will be granted only upon a showing by the Presenting Officer that he/she has exercised due diligence in his/her attempt to secure the evidence and/or attendance of witnesses. If a continuance is granted, the preliminary hearing must be held within seven (7) calendar days from the date the petition was filed if the juvenile was taken into custody, or within twenty-one (21) calendar days, if a juvenile is not in custody.

§ 7.3-29 Notice and service of summons, general.

A party may be given notice of a proceeding in the Juvenile Court in any manner authorized by this Juvenile Justice Code unless a party must be summoned as provide in § 7.3-30.

§ 7.3-30 Summons.

Except as otherwise provided in this chapter, the Juvenile Court shall direct the services of a summons in all proceedings in the Juvenile Court. The summons shall be issued and served on the:

A. Juvenile;

B. Parents;

C. Guardian; and

D. Custodian with whom the juvenile resides, if applicable, directing the person to appear with the juvenile for trial or other proceeding.

§ 7.3-31 Contents of summons.

The summons shall direct the person to whom it is addressed to appear with the juvenile, at a time and place specified by the Court, and must:

A. Identify the nature of the proceedings;

B. Have a copy of the petition attached to the summons;

C. Explain that the juvenile has a right to an attorney and a right to a trial; and

D. Comply with all applicable Tribal Court Rules of Civil Procedure.

§ 7.3-32 Manner of serving summons.

The summons shall be served in a manner consistent with the Tribal Court Rules of Civil Procedure. See Chapter 5 of the Tribal Court Rules.

§ 7.3-33 Time of service.

A. A summons shall be personally served or sent by mail at least:

(1) Twenty-one (21) calendar days before the adjudicatory hearing or dispositional hearing;

(2) Ten (10) calendar days before any hearing, including preliminary hearings, except in the case of preliminary hearings following the juvenile's removal from the home which must comply with §§ 7.3-40 and 7.3-41A and B.

B. If service is by publication, the notice shall comply with all applicable Tribal Court Rules of Civil Procedure. The published notice does not require publication of the petition but must appear one or more times fourteen (14) calendar days prior to the hearing, expect in the case of preliminary hearings following the juvenile's removal from the home which must comply with §§ 7.3-40 and 7.3-41A and B.