Tribe: Muckleshoot Indian Tribe
7.12.010 Predisposition Report.
a) Prior to the disposition hearing, the probation officer shall prepare a predisposition report setting forth recommendations concerning the disposition of the case, including a specific plan for the supervision, treatment or rehabilitation of the juvenile, and giving preference to the least restrictive dispositional alternatives appropriate for:
1) Holding the juvenile accountable for his or her actions;
2) Providing for the safety of the juvenile and the community; and
3) Developing competencies which will enable the juvenile to become a responsible and productive member of the community.
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7.12.030 Disposition Hearing.
a) The court shall conduct the disposition hearing for the purpose of determining:
1) Whether the juvenile is in need of supervision, treatment or rehabilitation; and
2) The appropriate disposition of the matter.
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c) At the disposition hearing, the court:
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2) Shall consider the predisposition report and recommendations prepared by the probation officer, as well as any alternative predisposition report or recommendations prepared by the juvenile or the juvenile’s parent(s);
7.12.070 Detention – Limitations.
a) The court shall not enter a disposition order providing for the detention or other out-of-home placement of the juvenile unless:
1) No less restrictive alternatives will suffice; and
2) There is clear and convincing evidence that the juvenile should be detained because:
i. Such detention is necessary to avert a substantial risk to the health, welfare, person or property of the juvenile or others;
ii. There is a substantial risk that the juvenile may leave or be removed from the jurisdiction of the court; or
iii. Each of the following conditions is met:
1. The juvenile has repeatedly failed to comply with the disposition orders of the court;
2. Less restrictive alternatives have repeatedly failed to bring the juvenile into compliance; and
3. Detention or out-of-home placement is reasonably calculated to bring the juvenile into compliance.
3) The court shall not enter a disposition order providing for the detention or other out-of-home placement of the juvenile for any of the reasons set forth in Section 7.05.010(b).
SEE CODE IN LINK for Chapter 7.12 on Dispositions and other rules related to alternative sentencing.
Read Full Text of Muckleshoot Tribal Code. Title 7 Juvenile Delinquency Code. Chapter 7.12 Disposition.