The following definitions apply to the words below, when they appear in this chapter:
A. 
"Custodian"
means any person 18 years of age or older having physical custody of a minor by providing food, shelter, and supervision.
B. 
"Guardian"
means any person other than a parent having legal responsibility for a minor.
C. 
"Minor"
means a person under the age of 18 years of age and any person against whom legal proceedings were commenced prior to his or her eighteenth birthday.
(Prior code § 12.3.1.010; GC vote 3/7/1989; Res. 2006-63; Res. 2011-020)
In all proceedings before the Tribal Court including civil and criminal matters and civil traffic infractions, notice of the proceedings shall be given to the minor; his parent, guardian, or custodian; and their attorneys or spokespersons, if any; within the time limits prescribed for that particular proceeding.
(Prior code § 12.3.1.020; GC vote 3/7/1989; Res. 2006-63; Res. 2011-020; Res. 2016-17)
Minors appearing before the Tribal Court shall have the same rights as adults appearing before the Court.
(Prior code § 12.3.1.030; GC vote 3/7/1989; Res. 2006-63; Res. 2011-020; Res. 2016-17)
Hearings before the Tribal Court in criminal cases and proceedings under the Chehalis Youth Code shall be closed to all persons except the parties, their counsel, and witnesses called by the parties. The parent, custodian, or guardian shall be present at all such hearings unless his or her presence is waived by the Court for good cause shown. If a parent, guardian, or custodian cannot be present, the Court may appoint a guardian ad litem for the minor.
(Prior code § 12.3.1.040; GC vote 3/7/1989; Res. 2006-63; Res. 2011-020; Res. 2016-17)
Court and law enforcement files on minors shall be confidential. Records shall be made available only to:
A. 
The minor and his spokesperson;
B. 
The minor's parent, custodian, or guardian; and
C. 
The Tribe's prosecutor.
(Prior code § 12.3.1.050; GC vote 3/7/1989; Res. 2006-63; Res. 2011-020)
Persons under the age of eight are presumed not to have the capacity to have any mental condition required for conviction of a crime (such as intent, negligence, willfulness, etc.). CTC § 3.40.020 through § 3.40.080 do not apply to children as witnesses in civil or criminal matters.
(Prior code § 12.3.1.060; GC vote 3/7/1989; Res. 2006-63; Res. 2011-020; Res. 2016-17)
In sentencing a minor defendant, the Court may impose any of the following sanctions in lieu of all or part of the fine and/or jail time specified for a particular offense: community service hours, shaming, counseling, treatment, or other alternative as to the Court may seem just. The burden of the sanction should fall primarily on the minor rather than on the parent.
(Prior code § 12.3.1.070; GC vote 3/7/1989; Res. 2006-63; Res. 2011-020)
Where a process is not specified in this chapter, cases involving minors shall proceed under the same provisions applicable to adults in like circumstances.
(Prior code § 12.3.1.080; GC vote 3/7/1989; Res. 2006-63; Res. 2011-020)
If the Court deems that it is in the best interests of the child and does not violate the rights of a party, the Court may allow a child witness to testify by means of a videotape deposition, closed circuit television or other appropriate method. If the Court does allow these methods to be utilized, the Court shall specifically set out the reasons for this determination on the record.
(Prior code § 12.2.13.010; Res. 2006-63; Res. 2011-020)