Tribe: Quapaw Nation
§46 Dispositional Orders
A. The following kinds of disposition orders may be entered in respect to
children adjudicated delinquent or in need of supervision:
1. The Court may place the child on probation, with or without supervision,
either in the home of the child or in the custody of a suitable person, upon
such conditions as the Court shall determine.
2. If it is consistent with the welfare of the child, the child shall be placed with
the parent(s), custodian(s), or guardian(s) of the child, but if it appears to
the Court that the conduct of such parent( s ), custodian( s ), guardian( s ), stepparent(s), or other adult person(s) living in the home has contributed to
the child becoming delinquent or in need of supervision, the Court may
issue a written order specifying conduct to be followed by such parent(s),
custodian(s), guardian(s), stepparent(s), or other adult person(s) living in
the home with respect to such child. The conduct specified shall be such as
would reasonably prevent the child from continuing to be delinquent or in
need of supervision.
a. If it is consistent with the welfare of the child, in cases where the child
has been adjudicated to be in need of supervision due to repeated
absence from school, the Court may order counseling and treatment
for the child and the parents of the child to be provided by the local
school district, the Nation, or a private individual or entity.
b. Prior to final disposition, the Court shall require that it be shown by
the appropriate school district that a child found to be truant has been
evaluated for learning disabilities, hearing and visual impairments and
other impediments which could constitute an educational handicap or
has been evaluated to determine whether the child has a disability if it
is suspected that the child may require special education services in
accordance with the Individuals with Disabilities Education Act
(IDEA). The results of such tests shall be made available to the Court
for use by the Court in determining the disposition of the case.
c. In issuing orders to a parent, custodian, guardian, stepparent or other
adult person living in the home of a child adjudicated to be a
delinquent child or in making other disposition of said delinquent
child, the Court may consider the testimony of the parent( s ),
custodian(s), guardian(s), stepparent(s) or other adult person(s)
concerning the behavior of the juvenile and the ability of such person
to exercise parental control over the behavior of the juvenile.
d. In any dispositional order involving a child age sixteen (16) or older,
the Court shall make a determination, where appropriate, of the
services needed to assist the child to make the transition to
independent living.
3. The Court may commit the child to the custody of a private institution or
agency, including any institution established and operated by the Nation,
authorized to care for children or to place them in family homes. In
committing a child to a private institution or agency, the Court shall select one that is licensed by any state department tasked with supervising or
licensing private institutions and agencies.
a. Whenever the Court shall commit a child to an institution or agency, it
shall transmit with the order of commitment a summary of its
information concerning the child, and such institution or agency shall
give to the Court such information concerning the child as the Court
may at any time require;
4. The Court may order the child to receive counseling or other communitybased
services as necessary;
5. The Court may commit the child to the custody of either the Quapaw Nation
Department of Family Services or the Quapaw Nation Juvenile Affairs
Department. Any order adjudicating the child to be delinquent and
committing the child to either of these departments shall be for an
indeterminate period of time;
6. With respect to a child adjudicated a delinquent child, the Court may:
a. Order the child to engage in a term of community service without
compensation. The Nation or any political subdivision shall not be
liable if a loss or claim results from any acts or omission of the child
ordered to engage in a term of community service;
b. Order the child, parent(s), custodian(s), or guardian(s) to make full or
partial restitution payments to the victim of the offense which resulted
in property damage or personal injury.
1. The Court shall notify the victim of the dispositional hearing and may
consider a verified statement from the victim concerning damages for
injury or loss of property and actual expenses of medical treatment
for personal injury, excluding pain and suffering.
1. If contested, a restitution hearing to determine the liability of
the child, parent(s), custodian(s), or guardian(s) shall be held
no later than thirty (30) days after the disposition hearing. ii. Restitution may consist of a lump sum or installment payments after
the consideration of the Court of the nature of the offense, the age,
physical and mental condition of the child, and the earning capacity
of the child, the parent(s), custodian(s), or guardian(s) of the child.
1. The Court may also consider any other hardship on the child,
the parent(s), custodian(s), or guardian(s) and, if consistent
with the welfare of the child, require community service in lieu
of restitution.
iii. A child who is required to pay restitution and who is not in willful
default of the payment of restitution may at any time request the Court
to modify the method of payment.
iv.If the restitution is not being paid as ordered, the child’s probation
officer or an employee of Juvenile Affairs shall file a written report
of the violation with the Court. A copy of the report shall be provided
to all parties and the Court shall promptly take any action necessary
to compel compliance.
v. If the restitution order has not been satisfied by the time the juvenile
has attained the age of eighteen ( 18), the Court shall enter a judgment
of restitution in favor of each person entitled to restitution for the
unpaid balance of any restitution ordered previously in the juvenile
case. The judgment shall be a lien against all property of the
individual or individuals ordered to pay restitution and may be
enforced by the victim or any other person or entity named in the
judgment to receive restitution in the same manner as enforcing
monetary judgments.
1. Sanction detention in the residence of the child or facility
designated by the Court for up to five (5) days at a time, order
weekend detention in a place other than a juvenile detention
facility or require house arrest with electronic monitoring, and
2. Impose consequences, including detention, for postadjudicatory
violations of probation.
7. The Court may order the child to participate in the Quapaw Nation Juvenile
Healing to Wellness Court program or any other juvenile drug court
program, if available; 8. The Court may dismiss the petition or otherwise terminate its jurisdiction at
any time for good cause shown; and
9. In any dispositional order removing a child from the home of the child, the
Court shall, make a determination that, in accordance with the best interests
of the child and the protection of the public, reasonable efforts have been
made to provide for the return of the child to their home, or that efforts to
reunite the family are not required, and reasonable efforts are being made
to finalize an alternate permanent placement for the child.
B. Prior to adjudication or as directed by subpoena or court order, a school
district may disclose educational records to the Court or juvenile justice
system for purposes of determining the ability of the juvenile justice system to
effectively serve a child. Any disclosure of educational records shall be in
accordance with the requirements of the Family Educational Rights and
Privacy Act (FERP A).
C. No child who has been adjudicated in need of supervision may be placed in a
secure facility.
D. The Court may revoke or modify a disposition order and may order
redisposition. The child whose disposition is being considered for revocation
or modification shall be afforded the following rights:
1. Notice by the filing of a motion for redisposition by the Prosecutor. The
motion shall be served on the child and the parent(s), custodian(s), or
guardian(s) at least five (5) days prior to the hearing;
2. The proceedings shall be heard without a jury and shall require
establishment of the facts alleged by a preponderance of the evidence;
3. During the proceeding, the child shall have the right to be represented by
counsel, to present evidence, and to confront any witness testifying against
the child; 4. Any modification, revocation or redisposition removing the child from the
physical custody of a parent, custodian, or guardian shall be subject to
review on appeal, as in other appeals of delinquent cases;
5. If the child is placed in secure detention, bail may be allowed pending
appeal; and
6. The Court shall not enter an order removing the child from the custody of a
parent, custodian, or guardian unless the Court first finds that reasonable
efforts have been made to maintain the family unity and prevent the
unnecessary removal of the child from the home, or that an emergency
exists which threatens the safety of the child and that:
a. Such removal is necessary to protect the public,
b. The child is likely to sustain harm if not immediately removed from
the home,
c. Allowing the child to remain in the home is contrary to the welfare of
the child, or
d. Immediate placement of the child is in the best interests of the child. […] §47 Disposition Reviews
A. Every disposition order regarding a child adjudicated to be delinquent or in
need of supervision shall be reviewed by the Court at least once every six (6)
months until such time as the conditions which caused the child to be
adjudicated have been corrected or the parental rights of the parent(s) are
terminated.
B. A dispositional order removing a child from the custody of the parent(s),
custodian( s ), or guardian( s) of the child shall be reviewed at a hearing by the
Court at least once every six ( 6) months until such time as the child is returned
to the custody of the parents of the child. No later than twelve (12) months
after placing a child in out-of-home care and every twelve (12) months
thereafter, the Court making the original order of adjudication shall conduct a
permanency hearing to determine whether or not reasonable efforts have been
made to finalize one of the following permanent placement plans: 1. The child should be returned to the parents of the child or another family
member;
2. The child should be continued in out-of-home care for a specified period;
3. The rights of the parents of the child should be terminated and the child
placed for adoption or legal guardianship; or
4. The child, because of exceptional circumstances, should remain in out-ofhome
care on a long-term basis as a permanent plan or with a goal of
independent living.
C. If authorized by the Court, review hearings held pursuant to this section may
be conducted via teleconference communication; provided, the attorney
representing the child shall be present at the hearing.
D. The agency having supervision of the case shall cause to be prepared for each
review hearing a written report concerning each child who is subject to the
review. This report shall be filed at least seven (7) days before the review
hearing.
1. The report shall include, but not be limited to, a summary of the physical,
mental, and emotional condition of the child, the conditions existing in the
home or institution where the child has been placed, and the adjustment of
the child thereto, a report on the progress of the child in school and, if the
child has been placed outside the home of the child, the visitation exercised
by the parents of such child or other persons authorized by the Court, and
services being provided to a child sixteen ( 16) years of age or older to assist
in the transition from out-of-home care or other community placement to
independent living.
2. If the child is in Quapaw Nation custody, the report shall also shall include
any efforts on the part of the parent( s) to correct the conditions which caused
the child to be adjudicated. E.
F.
At each such review hearing, the Court shall specifically inquire as to the
nature and extent of services being provided to the child and parent( s) of the
child and shall direct additional services be provided if necessary to protect
the child from further physical, mental, or emotional harm or to correct the
conditions that led to the adjudication.
In any review order, the Court shall further make a determination:
1. As to whether reasonable efforts have been made to provide for the return
of the child to the home. If reasonable efforts have failed or are not feasible,
the Court shall make a finding that the efforts to reunite the family have
failed, or are not feasible, and reasonable efforts are being made to secure
an alternate permanent placement for the child; and
2. Where appropriate, when the child is age sixteen (16) or older, that services
are being provided that will assist the child in making the transition from
out-of-home care to independent living.
G. The attorney representing the child may submit a report to the Court for
presentation at the review hearing to assist the Court in reviewing the
placement or status of the child. The parent(s), custodian(s), or guardian(s)
shall not deny to a child the right of access to counsel and shall facilitate such
access.
H. The Quapaw Nation Department of Family Services or the Department of
Juvenile Affairs shall notify the Court whenever the placement of a child in
the custody of the Nation is changed and shall inform the Court and attorney
regarding the location of the child unless placement modification results from
an emergency situation, in which case the notification required shall be within
one (1) business day after the change of placement.