Dispositional Alternatives for Juvenile Offenders

Shoshone & Arapaho Law & Order Code Title III Children's Code Section 3-5-14 AND Section 3-5-15 AND Section 3-5-16

Tribe: Eastern Shoshone Tribe of the Wind River Reservation

Section 3-5-14
(1)
Pre-Dispositional Report
The Juvenile Officer shall prepare a written report describing all reasonable and
appropriate alternative dispositions. The report shall contain a specific plan for the care of and
assistance to the juvenile calculated to resolve the problems presented in the petition. (Form
III-14)
(2)
The report shall contain a detailed explanation showing the necessity for the
proposed plan of disposition and the benefits to the juvenile under the proposed plan. (3)
Preference shall be given to the dispositional alternatives which are listed in
Section 3-5-16 and select that which is the least restrictive of the juvenile’s freedom and is
consistent with the interests of the tribe. If the report does not recommend placement of the
juvenile with his parent, guardian, or custodian, it shall contain specific reasons therefor.
(4)
The juvenile officer shall present the pre-dispositional report to the Children’s
Court, the person selected by the juvenile to represent him and the presenting officer at least one
(1) day before the dispositional hearing.
Section 3-5-15
(1)
Dispositional Hearing
A dispositional hearing shall take place not more than ten (10) days after the
adjudicatory hearing.
(2)
At the dispositional hearing, the Children’s Court shall hear evidence on the
question of proper disposition.
(3)
At the dispositional hearing, the Children’s Court shall consider the
pre-disposition report submitted by the juvenile officer and afford the parents an opportunity to
controvert the factual contents and conclusions of the report. The Children’s Court shall also
consider the alternative pre-dispositional report prepared by the juvenile and his attorney or
advocate, if any. (4)
III-15)
Section 3-5-16
(1)
The dispositional order constitutes a final order for purposes of appeal. (Form
Dispositional Alternative; Review Hearing Every Six (6) Months
If the juvenile has been adjudged a juvenile offender, the Children’s Court may
make the following dispositions:
a)
Place the juvenile on probation subject to conditions set by the Children’s
Court. (Form III-16)
b)
Place the juvenile in an institution or agency designated by the Children’s
Court for not more than one (1) year. (Form III-17)
(2)
The dispositional orders are to be in effect for the time limit set by the Children’s
Court, but no order shall continue after the juvenile reaches the age of eighteen (18) years of age,
unless extended to age twenty-one (21) pursuant to Section 3-1-5.
(3)
The dispositional orders are to be reviewed at the discretion of the Children’s
Court, but at least every six (6) months.

Read Full Text of Shoshone & Arapaho Law & Order Code Title III Children's Code Section 3-5-14 AND Section 3-5-15 AND Section 3-5-16