Tribe: Eastern Band of Cherokee Indians
Sec. 7A-53. – Dispositional alternatives for delinquent juvenile.
The court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use the following alternatives:
(1)In the case of any juvenile who needs more adequate care or supervision or who needs placement, the judge may:a.Require that a juvenile be supervised in the juvenile’s own home by the Eastern Band of Cherokee Indians Juvenile Services, a court counselor, or other personnel may be available to the parent, guardian, or custodian or the juvenile as the judge may specify; orb.Place the juvenile in the custody of a parent, guardian, custodian, relative, agency offering placement services, or some other suitable person; orc.Place the juvenile in the custody of the Eastern Band of Cherokee Indians Juvenile Services.(2)Excuse the juvenile from compliance with the compulsory school attendance law when the court finds that suitable alternative plans can be arranged by the family through other community resources for one of the following:a.An education related to the needs or abilities of the juvenile including vocational education or special education;b.A suitable plan of supervision or placement; orc.Some other plan that the court finds to be in the best interests of the juvenile.(3)Order the juvenile to cooperate with a community-based program, an intensive substance abuse treatment program,or a residential or nonresidential treatment program. Participation in the programs shall not exceed 12 months.(4)Require restitution, full or partial, payable within a 12-month period to any person who has suffered loss or damage as a result of the offense committed by the juvenile. The court may determine the amount, terms, and conditions of the restitution. If the juvenile participated with another person or persons, all participants should be jointly and severally responsible for the payment of restitution; however, the court shall not require the juvenile to make immediate restitution if the juvenile satisfies the court that the juvenile does not have, and could not reasonably acquire, the means to make restitution.(5)Impose a fine related to the seriousness of the juvenile’s offense. If the juvenile has the ability to pay the fine, it shall not exceed the maximum fine for the offense if committed by an adult.(6)Order the juvenile to perform up to 100 hours supervised community service consistent with the juvenile’s age, skill, and ability, specifying the nature of the work and the number of hours required. The work shall be related to the seriousness of the juvenile’s offense and in no event may the obligation to work exceed 12 months.(7)Order the juvenile to participate in the victim-offender reconciliation/mediation program.(8)Place the juvenile on probation under the supervision of a court counselor and impose any combination of the following conditions:a.That the juvenile remain on good behavior;b.That the juvenile shall not violate any laws;c.That the juvenile not violate any reasonable and lawful rules of a parent, guardian or custodian;d.That the juvenile attend school regularly;e.That the juvenile maintain passing grades in up to four courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades;f.That the juvenile not associate with specified persons or be in specified places;g.That the juvenile refrain from use or possession of any alcoholic beverage or controlled substance as described in section 14-25.2 of the Cherokee Code;h.That the juvenile abide by a prescribed curfew;i.That the juvenile submit to a warrantless search at reasonable times;j.That the juvenile submit to substance abuse monitoring and treatment;k.That the juvenile cooperate with electronic monitoring;l.That the juvenile participate in a life skills or an educational skills program;m.That the juvenile possess no firearm, explosive device, or other deadly weapon;n.That the juvenile report to a court counselor as often as required by the court counselor;o.That the juvenile make specified financial restitution or pay a fine;p.That the juvenile be employed regularly if not attending school; andq.That the juvenile satisfy any other condition determined appropriate by the court(9)Prohibit the juvenile from operating a motor vehicle for as long as the court retains jurisdiction over the juvenile or for any shorter period of time;(10)Impose a curfew upon the juvenile;(11)Order that the juvenile not associate with specified persons or be in specified places;(12)Impose confinement on an intermittent basis in an approved detention facility. Confinement shall be limited to not more than five 24-hour periods, the timing of which is determined by the court in its discretion.(13)Order that the juvenile be confined in an approved juvenile detention facility for a term of up to 14 24-hour periods, which confinement shall not be imposed consecutively with intermittent confinement pursuant to subsection (12) of this section at the same dispositional hearing. The timing of this confinement shall be determined by the court in its discretion.(14)Order the juvenile to cooperate with placement in a wilderness program.(15)Order the juvenile to cooperate with placement in a residential treatment facility, an intensive nonresidential treatment program, an intensive substance abuse program, or in a group home, including but not limited to the Cherokee Children’s Home.(16)Order the juvenile to cooperate with a supervised day program requiring the juvenile to be present at a specified place for all or part of every day or of certain days. The court also may require the juvenile to comply with any other reasonable conditions specified in the dispositional order that are designed to facilitate supervision.(17)Order the juvenile to participate in a regimented training program.(18)Order the juvenile to be placed on house arrest.(19)Suspend imposition of a more severe, statutorily permissible disposition with the provision that the juvenile meet certain conditions agreed to by the juvenile and specified in the dispositional order. The conditions shall not exceed the allowable dispositions for the level under which disposition is being imposed.(20)Order the residential placement of a juvenile in a multipurpose group home.(21)Place the juvenile in a training school for a period of not less than six months. […] Sec. 7A-53A. – Dispositional alternatives for undisciplined juveniles.
The following alternatives for disposition shall be available to the court exercising jurisdiction over a juvenile who has been adjudicated undisciplined. The court may combine any of the applicable alternatives when the court finds it to be in the best interests of the juvenile:
(1)In the case of any juvenile who needs more adequate care or supervision or who needs placement, the judge may:a.Require that the juvenile be supervised in the juvenile’s own home by a court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify; orb.Place the juvenile in the custody of a parent, guardian, custodian, relative, residential agency offering placement services, or some other suitable person; orc.Place the juvenile in the custody of the Cherokee Children’s Home, or other similar type facility.(2)Place the juvenile under the protective supervision of a court counselor so that the counselor may:(i)Assist the juvenile in securing social, medical, and educational services; and(ii)Visit and work with the family as a unit to ensure the juvenile is provided proper supervision and care.
This supervision may be issued for a period of up to three months, with an extension of an additional three months in the discretion of the court. In addition, the court may impose any combination of the following conditions which may relate to the needs of the juvenile, including:
a.That the juvenile remain on good behavior and not violate any laws;b.That the juvenile attend school regularly;c.That the juvenile maintain passing grades in up to four courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades;d.That the juvenile not associate with specified persons or be in specified places;e.That the juvenile abide by a prescribed curfew;f.That the juvenile report to a court counselor as often as required by the court counselor;g.That the juvenile be employed regularly if not attending school; andh.That the juvenile satisfy any other conditions determined appropriate by the court.(3)Excuse the juvenile from compliance with the compulsory school attendance law when the court finds that suitable alternative plans can be arranged by the family through other community resources for one of the following:a.An education related to the needs or abilities of the juvenile including vocational education or special education;b.A suitable plan of supervision or placement; orc.Some other plan that the court finds to be in the best interests of the juvenile.
Read Full Text of Eastern Band of Cherokee Indians Code Sec. Sec. 7A-53A; and, Sec. Sec. 7A-54.