Tribe: Ponca Tribe of Nebraska
Section 3-7-24. Order After Dispositional Hearing.
1. After a dispositional hearing, the Court shall enter
written findings of fact, conclusions of law and an order based on
the results of said hearing. The order shall: a. State the disposition of the child, including any
terms, conditions, and limitations of the disposition;
b. When appropriate, provide for the maintenance and
support of the child, including medical treatment;
c. When appropriate, provide for the stability and
appropriateness of the child’s education;
d. When appropriate, address the child’s needs
concerning health care and disability, if any, and if parental
consent cannot be obtained, authorize evaluations and
treatment needed;
e. Provide for the custody, care and placement of the
child by:
i. Placing the child in the custody of one or both parents, guardian or custodian of the child, subject to such conditions and limitations as the Court
may prescribe;
ii. Placing the child in the custody or
guardianship of a relative or other suitable individual
according to the preferences set out in Section 3-7-8,
subject to such conditions and limitations as the Court
may prescribe; or
iii. Place the child in a facility designated by
the Court according to the preferences set out in Section
3-7-8, including a licensed and supervised shelter or
halfway house for the care and treatment of children
with regard to alcohol and/or substance abuse problems,
foster home, group home, or residential home;
f. Provide for any visitation by the child’s parents,
guardian or custodian and extended family members, including
a visitation schedule and any limitations, if necessary;
g. Require any evaluations,
treatments the Court finds necessary;
tests,
and
counseling, or
h. Set the matter for a review hearing no more than
six (6) months from the date of the dispositional hearing and
prescribe for the provision of notice of the hearing; and
i. Order any other matters the Court deems necessary
or appropriate.
2. In addition to any other matters required in the Court’s
dispositional order, the Court’s order may also, as appropriate: a. Order the Department, within its resources and
capabilities, to supervise and assist the child and his or
her parents, guardian or custodian so as to rectify the
conditions that resulted in child offender adjudication;
b. Order the
through the Tribe,
programs;
child to obtain services
including youth programs and
available
behavioral
c. Order the child to obtain traditional and/or
cultural forms of treatment or care which may be appropriate
for the child’s needs, provided that the child’s parents,
guardian or custodian consents; d. Require the child to participate in a constructive
program of service or education designed to impress upon the
child a sense of risponsibility for the injuries caused to
the person or property of another or otherwise to resolve the
issues that resulted in the filing of the petition;
e. Order the child to perform community service;
f. Require the child to pay restitution in an amount
not to exceed the actual damage caused by the child, to be
paid from his or her earnings or those of his or her parents,
guardian or custodian or by performance of services
acceptable to the victim which are reasonable and capable of
being performed within one (1) year;
g. Require the child to participate in appropriate
counseling programs available through social services or
mental health agencies; h. Place the child under the
assistance of the Court, the Department,
social services agency designated by the
limitations as the Court may prescribe;
supervision and
or other health or
Court under such
i. Order the child to pay a civil fine in
appropriate to the offense committed, but not
$100.00 for each offense;
an amount
to exceed
j. Order the parents, guardian or custodian of the
child to:
i. Stay home and monitor child;
ii. Submit to drug and alcohol testing when there
is a reasonable suspicion of drug and/or alcohol use;
iii. Attend and successfully complete alcohol and
drug education, treatment and/or other counseling
services;
iv. Attend and successfully complete parenting
education, treatment and/or other counseling services;
or
v. Order any other term and condition
reasonable and in the best interests of the
rehabilitation. 3. If the basis for the child being found to be a child
offender is due to the commission of an act which, if committed by
an adult, would be a crime, a dispositional order shall remain in
force no longer than the maximum period of confinement or probation
that an adult could receive for the offense committed.
4. A dispositional order is a final order and subject to
appeal in accordance with the laws of the Tribe governing civil
appeals.