Tribe: Poarch Band of Creek Indians
Sec. 10-2-14 Juvenile Offender:
Predisposition Studies,
Reports and Examinations
(a) Predisposition Study and Report
The Court shall direct the Juvenile Counselor to prepare a written predisposition study and report for the Court concerning the Child, the Child’s family, environment, and any other matter relevant to need for treatment or other appropriate disposition of the case when:
(1) The Child has been adjudicated as a “Juvenile Offender”; or
(2) A notice of intent to admit the allegations of the petition has been filed.
(b) Contents of Predisposition Study and Report
The report shall contain a specific plan for the Child, aimed at resolving the problems presented in the petition. The report shall contain a detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the Child under the proposed plan. Preference shall be given to the dispositional alternatives which are least restrictive of the Child’s freedom and are consistent with the interests of the community.
(c) Medical Assessment and Treatment for Alcohol or Substance Abuse
The Juvenile Court may order a medical and/or psychological assessment of a Child arrested or detained for a “Juvenile Offense” relating to or involving alcohol or substance abuse to determine the mental or physical state of the Child so that appropriate steps can be taken to protect the Child’s health and well-being.
(d) Pre-Adjudication Examination of Emotionally or Developmentally Disabled Child
Where there are indications that the Child may be emotionally disturbed or developmentally disabled, the Court, on a motion by the Juvenile Presenter or that of the Child, may order the Child to be tested by a qualified psychiatrist, psychologist, or licensed psychotherapist prior to a hearing on the merits of the petition. An examination made prior to the hearing, or as a part of the predisposition study and report, shall be conducted on an outpatient basis unless the Court finds that placement in a hospital or other appropriate facility is necessary.
(e) Pre-Disposition Examinations
The Court may order an examination of a Child adjudicated as a “Juvenile Offender” by a physician, psychiatrist or psychologist. The Court may also, following the Adjudicatory Hearing, order the examination by a physician, psychiatrist or psychologist of a Parent or Custodian who gives his consent and whose ability to care for or supervise a Child is an issue before the Court at the Dispositional Hearing.
(f) Transfer for Diagnosis
The Court may order that a Child adjudicated as a “Juvenile Offender” be transferred to an appropriate facility for a period of not more than sixty (60) days for purposes of diagnosis with direction that the Court be given a written report at the end of that period indicating the disposition which appears most suitable.
(g) Submission of Reports
Evaluations, assessments, dispositional reports and other material to be considered by the Court in a juvenile hearing shall be submitted to the Court and to the parties no later than three (3) days before the scheduled hearing date. A declaration including reasons why a report has not been completed shall be filed with the Court no later than three (3) days before the scheduled hearing date if the report will not be submitted before the deadline. The Court may in its discretion dismiss a petition if the necessary reports, evaluations or other material have not been submitted in a timely manner. […] Sec. 10-2-15 Juvenile Offender:
Disposition Proceedings
(a) Purpose and Conduct of Disposition Hearing
Disposition hearings shall be conducted by the Juvenile Court separate from other proceedings. The Court shall conduct the disposition hearing to determine how to resolve a case after it has been determined at the Adjudicatory Hearing that the Child has committed a specific “Juvenile Offense.” The Court shall make and record its dispositional order in accordance with this Tribal Code. At the disposition hearing, the Child and the Child’s Parent, Guardian or Custodian shall have the applicable rights listed in this Tribal Code. The public shall be excluded from the proceedings. Only the parties, their Counsel, witnesses, and persons requested by the parties shall be admitted.
(b) Time Limitations on Disposition Hearings
If the Child remains in custody, the disposition hearing shall be held within ten (10) days after the Adjudicatory Hearing. If the Child is released from custody or was not taken into custody, then the disposition hearing shall be held within twenty (20) days after the Adjudicatory Hearing.
(c) Notice of Disposition Hearing
Notice of the disposition hearing shall be given to the Child and the Child’s Parent, Guardian or Custodian, the Child’s Counsel and any other person the Court deems necessary for the hearing at least five (5) days prior to the hearing in accordance with this Tribal Code.
(d) Evidence and Reports
In the disposition hearing, the Court may consider all relevant and material evidence determining the questions presented, 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, physician’s report or social study it may have ordered and afford the Child, the Child’s Parent, Guardian or Custodian and the Child’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 Child or the Child’s Counsel, if any.
(e) Disposition Alternatives
If a Child is found by the Court to be a “Juvenile Offender,” the Court may make and record any of the following orders of disposition for the Child’s supervision, care and rehabilitation:
(1) Permit the Child to remain with Parent, Guardian or Custodian, subject to such conditions and limitations as the Court may prescribe;
(2) Place the Child in the legal custody of a relative or other suitable person, subject to such conditions and limitations as the Court may prescribe; order the Child to pay Restitution;
(3) Place the Child under Protective Supervision under such conditions and limitations as the Court may prescribe;
(4) Place the Child on Probation under such conditions and limitations as the Court may prescribe; or
(5) Place the Child in a Juvenile Facility designated by the Court, including Alcohol or Substance Abuse Emergency Shelter or Halfway House, Emergency Foster Home, Foster Home, Group Home, Shelter Home, or Secure Juvenile Detention Facility.