Disposition Alternatives for Juvenile Deliquency

Fort McDowell Yavapai Nation Code Chapter 11, Article IV., Sec. 11-24 A., Sec. 11-24 D., Sec. 11-24 F., & Sec. 11-24 G.

Tribe: Fort McDowell Yavapai Nation

Sec. 11-24 A. – Purpose and conduct of disposition hearing:.
The Court shall conduct the disposition hearing to determine appropriate treatment and consequences for the juvenile after the juvenile has been adjudicated. The public shall be excluded from the proceedings. Only the parties, their counsel, witnesses, victims and other persons determined to be appropriate by the Court shall be admitted. […] Sec. 11-24 D. – Evidence and reports.
In the disposition hearing, the Court may consider all relevant and material evidence, including oral and written reports and may rely on such evidence to the extent of its probative value even though not otherwise competent. The Court shall consider any predisposition report, medical report, assessment or social study it may have ordered and afford the juvenile, the juvenile’s parent, guardian or custodian and the juvenile’s counsel an opportunity to controvert the factual contents and conclusions of the report(s). The Court shall also consider the alternative predisposition report or recommendations prepared by the juvenile or the juvenile’s counsel, if any. […] Sec. 11-24 F. – Disposition alternatives.
The Court may make one (1) or more of the following orders for disposition for the juvenile’s supervision, care and rehabilitation:

1.Permit the juvenile to remain with his or her parent, guardian or custodian, subject to such conditions and limitations as the Court may prescribe;2.Place the juvenile in the legal custody of a relative or other suitable person, subject to such conditions and limitations as the Court may prescribe;3.Place the juvenile under protective supervision, as defined herein, subject to such conditions and limitations as the Court may prescribe;4.Place the juvenile on supervised or unsupervised probation subject to such conditions and limitations as the Court and the juvenile probation officer may prescribe;5.Place the juvenile in a facility designated by the Court, including but not limited to an alcohol or substance abuse emergency shelter or halfway house, emergency foster home, foster home, group home, shelter home, boarding school, substance abuse treatment facility, residential facility, juvenile detention facility, except that no juvenile under twelve (12) may be placed in a secure juvenile detention facility;6.Place the eighteen (18) year old person subject to the juvenile Court’s jurisdiction pursuant to Sections 11-3 A. 1. and 11-3 D. in a facility designated by the Court, including but not limited to an alcohol or substance abuse emergency shelter or halfway house, group home, substance abuse treatment facility, residential facility or adult jail;7.Order the juvenile to pay restitution to the victim(s) for any out-of- pocket expenses incurred by the juvenile’s wrongful act(s);8.Order the juvenile to complete community work service or participate in other work or school programs;9.Order the juvenile and/or the juvenile’s parent, guardian or custodian to participate in counseling sessions;10.Order the juvenile to participate in in-patient or out-patient treatment programs;11.Order the juvenile and/or any juvenile’s parent(s) or guardian(s) to reimburse the Nation for the cost of the juvenile’s incarceration or the cost of services, counseling, treatment or rehabilitation provided by or arranged by Wassaja Family Services;12.Order that the juvenile be examined or treated by a physician, surgeon, psychiatrist or psychologist, or that he or she receive other special care, and for such purpose may place the juvenile in a hospital or other suitable facility;13.Order the juvenile to pay a fine;14.In cases of violation of traffic laws or ordinances, the Court may, in addition to any other disposition, restrain the juvenile from driving for such periods of time as the Court deems necessary, and may take possession of the juvenile’s driving license or permit; or15.Make any reasonable orders that are in the best interest of the juvenile or that are required for the protection of the public. […] Sec. 11-24 G. – Establishment of conditions.
In addition to the disposition alternatives set forth above, the Court may order reasonable conditions to be complied with by the parent, child, his custodian or any other person who has been made a party to the proceedings, including but not limited to restrictions on visitations by the parent(s), restrictions on the child’s associates, occupation and other activities and requirements to be observed by the parents or custodian(s).

Read Full Text of Fort McDowell Yavapai Nation Code Chapter 11, Article IV., Sec. 11-24 A., Sec. 11-24 D., Sec. 11-24 F., & Sec. 11-24 G.