Tribe: Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan / Gun Lake Tribe
§ 5.2-2 Purpose.
The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (MBPI), referred to in this chapter as “the Tribe,” has determined that:
A.
Juveniles are valuable tribal resources and the welfare of juveniles is a vital concern of the Tribe;
B.
It is essential that tribal resources, identity, and culture be preserved by ensuring enhancement and strengthening of the family as the primary means of securing a vital tribal community;
C.
The best interests of the tribal community and its juveniles are served when the juveniles of the Tribe receive the care and guidance necessary for their spiritual, emotional, mental, and physical development, all of which will prepare them to become contributing citizens of the Tribe;
D.
Tribal Court, whenever practical, is preferable to state court for consideration of matters involving juveniles because the Tribal Court is best able to resolve the concerns and provide juveniles with the care and guidance necessary for their well-being;
E.
When the Tribal Court must make a placement outside of the home, the best interests of the Tribal Community and its juveniles are served by providing for their care and placement in an environment which will ensure that juveniles receive the care and guidance necessary for their spiritual, emotional, mental, and physical development; and
F.
When concerns involving juveniles arise, the best interests of the Tribal Community are served if the Tribal Court has jurisdiction over all persons in the family or household who is a part of the concern giving rise to the jurisdiction, or who may be part of the solution to the concern. […] 5.2-5 Jurisdiction and court authority. A. Jurisdiction. The Tribal Court system shall have jurisdiction over juveniles in need of correction and juveniles in need of supervision proceedings, if:
(1)
The alleged offense occurred on tribal land and the juvenile’s primary residence is on tribal trust lands;
(2)
The juvenile commits an offense while on a tribally sponsored event off tribal trust lands; or
(3)
A juvenile case is transferred to Tribal Court from any other court.
B.
Jurisdiction over the family or household. The Tribal Court shall have jurisdiction over all members of the family or household who are a part of the concerns giving rise to jurisdiction, or who may be a part of the solution to the concerns.
C.
Transfers from other courts. The Tribal Court may accept transfers of a case from any other court if the alleged juvenile in need of correction or juvenile in need of supervision is a juvenile who resides on Tribal trust lands.
D.
Transfers to other courts. The Tribal Court may transfer a case to another court if the alleged offense occurred on tribal land and the alleged juvenile in need of correction or juvenile in need of supervision does not reside on tribal land, and the other court is willing to accept transfer.
E.
Adjudication classification. No adjudication of the status of any juvenile under the jurisdiction of the Court shall be deemed criminal.
F.
Closed proceedings. Juvenile proceedings shall be closed to the general public to protect the privacy interests of the individuals and families involved.
G.
Authority to cooperate. The Court is authorized to cooperate with any court or federal, state, tribal, public, or private agency; to participate in any diversion, rehabilitation, training programs, or other service programs; and to receive grants-in-aid to carry out the purposes of this chapter.
H.
Least restrictive alternative. The least restrictive alternative applies to all placement disposition actions taken by the Court under this chapter.
I.
Court records.
(1)
A record of all hearings under this chapter shall be made and preserved.
(2)
All Court records shall be confidential, and shall only be open to review by the following:
(a)
The juvenile or his or her legal representative;
(b)
The juvenile’s parent(s), guardian, custodians or their legal representatives;
(c)
The Presenting Officer;
(d)
The tribal probation officer;
(e)
The Court staff; and
(f)
The Judge or Justices involved in the case.
J.
Sealing Court records. When a juvenile who has been the subject of any proceeding before the Court attains his/her 21st birthday, the Court shall seal the Court records from review or release, absent a showing of good cause relating to that juvenile.
K.
Contempt of Court as applicable to this chapter only.
(1)
Willful disobedience of, or willful interference with an order of the Court constitutes contempt of Court.
(2)
The Court may fine an adult for contempt of Court with a fine not to exceed $1,000 or may order detention to compel compliance.
(3)
A juvenile may be punished for contempt of court with extension of probation, additional probation conditions, and/or a fine not to exceed $500 or may be ordered detention to compel compliance.
L.
Medical examination. The Court may order any medical examination necessary for the proceedings of a juvenile who is alleged to be a juvenile in need of correction or juvenile in need of supervision if issues of competence to stand trial or insanity are raised by the defense, or for any other reason that the Court deems appropriate. Reports shall be available to the defense and Presenting Officer.
M.
Fingerprints. If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reasonable grounds to believe that the fingerprints are those of a juvenile in custody, the officer may fingerprint that juvenile for the purpose of immediate comparison with the latent fingerprints, provided that the law enforcement officials have obtained the written approval of the Court prior to the taking of prints. Copies of the fingerprints shall be immediately destroyed if the comparison is negative or if a juvenile petition is not filed against the juvenile.
N.
Appeal.
(1)
For purposes of appeal, a record of the proceedings shall be made available to the juvenile, the juvenile’s parent(s), guardian, custodian or legal representative. The party seeking the appeal shall pay costs of obtaining this record.
(2)
Any party to a Court hearing may appeal a final order or disposition of a case by filing a written notice of appeal with the Court within 28 days of the final order of disposition.
(3)
All appeals shall be conducted in accordance with applicable tribal ordinances and court rules.