Tribe: Confederated Tribes of the Umatilla Indian Reservation
SECTION 4.05. COMMUNITY ACCOUNTABILITY BOARD
A. The Community Accountability Board (CAB) has been established by the Juvenile Court and shall consist of volunteers from the tribal community, as appointed by the Juvenile Court Judge.
B. They shall perform the following duties as directed by the Juvenile Court, pursuant to the rules and procedures of the CAB:
1. Meet and consider matters referred to the CAB for diversion;
2. Meet with juveniles, the parents, guardians, or custodians of juveniles, Juvenile Court system staff, and any other necessary persons to consider juvenile offender matters, or any other juvenile matter, referred for diversion by the Court;
3. Enter into Formal Accountability Agreements with juvenile offenders and the parents, guardians, or custodians of juveniles, where appropriate, and monitor compliance with the agreements; and
4. Other appropriate duties associated with holding juvenile offenders accountable for their behavior and providing guidance and rehabilitation to juveniles.
C. The CAB shall receive significant training in juvenile matters.
SECTION 8.04. COMMUNITY ACCOUNTABILITY BOARD
A. At a CAB meeting, the members of the CAB shall explain the diversion process, advise the juvenile of his or her rights, and interview the juvenile, the juvenile’s parent(s), guardian, or custodian, and any other necessary party regarding the alleged offense. The CAB shall not consider a matter for diversion unless the juvenile, under oath, admits the allegations and explains the circumstances surrounding the offense in his or her own words. If the juvenile does not agree to the diversion plan or the CAB determines that a diversion is not appropriate, statements made by the juvenile in the CAB meeting shall not be used against the juvenile in Juvenile Court.
B. After completing the interview process, the CAB shall meet privately to determine whether to offer the juvenile a diversion. If a diversion is offered, the CAB shall present the diversion plan, outlining the appropriate sanctions, services, programs, and activities required, to the juvenile and the juvenile’s parent(s), guardian, or custodian.
1. If the juvenile and the juvenile’s parent(s), guardian, or custodian agree to the diversion plan, the parties shall sign a written Formal Accountability Agreement. The Formal Accountability Agreement shall outline the specific terms of the plan and the requirements for monitoring, review, and follow-up. The sanctions, services, programs, and activities required shall not exceed six (6) months in duration.
a. If the juvenile and the juvenile’s parent(s), guardian, or custodian comply with all of the terms of the diversion plan, the CAB shall release the juvenile from the Formal Accountability Agreement. Notice of the release shall be provided, in writing, to the juvenile, juvenile’s parent(s), guardian, or custodian, and the Juvenile Court. Upon receipt of notice of the release, the Juvenile Court shall dismiss the matter.
b. If the juvenile and the juvenile’s parent(s), guardian, or custodian fail to comply with any of the terms of the diversion plan, the Juvenile Delinquency Coordinator shall schedule a new meeting with the CAB or shall refer the matter to the Juvenile Court for formal proceedings.
2. If the juvenile does not agree to the diversion plan, the juvenile and the juvenile’s parent(s), guardian, or custodian shall sign a document indicating the juvenile’s refusal. The CAB shall refer the matter to the Juvenile Court for formal proceedings.
C. If the CAB determines that a diversion is not appropriate, the CAB shall prepare a statement of its reasons for refusing the diversion and shall refer the matter to the Juvenile Court for formal proceedings.
Read Full Text of Juvenile Code § 4.05; § 8.04