Tribe: Miami Tribe of Oklahoma
Section 404 Detention. 1. A child shall not be detained unless: 1. There is probable cause to believe the child has committed a delinquent act; 2. No less restrictive alternatives will suffice; and 3. There is clear and convincing evidence that the child should be detained
because: a. Such detention is necessary to avert a substantial risk to the health,
welfare, person or property of the child or others; or b. There is a substantial risk that the child may leave or be removed from
the jurisdiction of the Juvenile Court. […] Section 405 Place of Detention. A. A child alleged to have committed a delinquent act may be detained only in: 1. A licensed foster home or a home approved by the Juvenile Court, which may
be a public or private home or the home of a noncustodial parent or a relative; 2. A juvenile residential care facility; 3. A secure juvenile dtention facility designated by the Juvenile Court; or 4. A residential treatment facility, detoxification facility, or halfway house, if
there is evidence of recent or ongoing alcohol or substance abuse by the child
and the child requests or agrees with such placement. B. Under any proceeding covered by this Juvenile Court, in no case shall a child be: 1. Detained in a jail, adult lock-up or other adult detention facility; or 2. Subject for any reason to solitary confirnement. […] Section 907 Detention-Limitaions. A. The Juvenile Court shall not enter a disposition order providing for the detention or
other out-of-home placement of the child unless: 1. No less restrictive alternatives will suffice; and 2. There is clear and convincing evidence that the child should be detained
because: a. Such detention is necessary to avert a substantial risk to the health,
welfare, person, or property of the child or others; b. There is a substantial risk that the child may leave or be removed from
the jurisdiction of the Juvenile Court; or c. Each of the following conditions are met: i. The child has repeatedly failed to comply with the disposition
orders of the Juvenile Court; ii. Less restrictive alternatives have repeatedly failed to bring the
child into compliance; and iii. Detention or out-of-home placement is reasonably calculated to
bring the child into compliance. B. In no event shall a child be detained in a secure juvenile detention facility for a total
period exceeding that for which an adult could be incarcerated for the same act under
the Miami Tribe of Oklahoma Criminal Offense Code. C. Any detention or out-of-home placement facility shall comply with Sections 405.