Tribe: Jamestown S'Klallam Tribe
Section 33.02.08 Juvenile Tribal Court Proceedings.
F. Predisposition Report.
1. The Presenting Officer, after consulting the Youth Counselor, shall prepare a written
report describing all reasonable and appropriate alternative dispositions. The report
shall contain a specific plan for the rehabilitation of the youth designed to resolve the
problems presented in the fact-finding hearing.
2. The report shall contain an explanation of the necessity of the proposed disposition plan
and its benefits to the youth.
3. Preference shall be given to the disposition alternatives which are listed in subsection
H., below, of this section. The alternatives least restrictive of the youth’s freedom, which
are consistent with the interests of the Tribe, shall be selected.
4. If the report recommends detention or shelter care, it shall state the specific reasons
underlying its recommendation.
5. The Presenting Officer shall provide the Court, the youth, and the youth’s parent(s),
guardian, custodian or guardian ad litem, with a copy of the report at least two (2)
business days prior to the disposition hearing.
G. Disposition Hearing.
1. A disposition hearing shall take place not more than sixty (60) days after the fact-finding
hearing.
2. The Court shall take testimony and receive evidence concerning the proper disposition
at the hearing.
3. The Court shall consider the predisposition report submitted by the Presenting Officer.
The Court shall also consider any alternative predisposition reports prepared by the
youth, the youth’s counsel, or the youth’s parent(s), guardian, custodian, or guardian ad
litem.
4. The disposition order constitutes a final order for purposes of appeal.
H. Disposition Alternatives.
1. If a youth has been found to be a youth offender, the Court shall order a disposition
containing one or more of the following alternatives, for any term, until the youth
reaches the age of twenty-one (21):
a. Order the youth to spend a period of time with an adult who is knowledgeable
about traditional tribal customs and values for training and instruction regarding
such customs and values.
b. Place the youth on probation, subject to conditions set by the Court. Such
conditions may include, but are not limited to, drug and alcohol evaluation and
treatment, anger management training, continued education, job training,
participation in extracurricular activities (sports, music, schools sponsored clubs,
etc.), and community service. A youth on probation shall be required to report
to the Court on a regular basis regarding the fulfillment of the conditions set by
the Court. If the youth does not comply with the conditions set by the Court, the
probation may be revoked and the youth may be fined or ordered to detention
as set out in subsections d. and e., below.
c. Order the youth to make restitution for any injury resulting from the offense.
d. Impose a fine not greater than the maximum fine that could be imposed on the
youth had they been an adult at the time the criminal offense was committed.
e. Order detention or shelter care for a period of time not to exceed the jail
sentence that could have been imposed on the youth had they been an adult at
the time the criminal offense was committed.
f. Order the parent(s), guardian or custodian of the youth to supervise the
rehabilitation of the youth. Such supervision may include requiring the
parent(s), guardian or custodian to accompany the youth when the youth is
attending a training or treatment program ordered by the Court.
g. Order the parent(s), guardian or custodian of the youth to attend any programs
(drug and alcohol evaluation and treatment, anger management, etc.) which the
Court deems necessary to enable the parent(s), guardian or custodian to assist
in the rehabilitation of the youth.
h. If the parent(s), guardian or custodian does not comply with the Court’s order,
the Court may charge such person(s) with contempt of Court and shall refer the
case to the Indian Child Welfare Department for youth-in-need-of-care
proceedings.
i. Court-ordered assistance with tribal functions, a written and/or oral apology to
the Tribal Council or any body thereof, and/or a barring of up to six months
from any specified tribal building or facility.
2. It is the desire of the Tribe to avoid detention of youth’s whenever possible. Preference
should be given to the other disposition alternatives. Detention shall be ordered only
when the Court determines that one or more of the following conditions exist:
a. The youth is a repeat offender and previous efforts at rehabilitation have been
unsuccessful;
b. The youth has committed physical or sexual harm to another person and release
of the youth is likely to result in continued harm to others; or
c. The youth has expressed unwillingness to participate in any rehabilitative
programs.
I. Modification of Disposition Order.
1. A disposition order of the Court may be modified, for good cause, upon a showing of
change in circumstance. A motion for modification may be brought by the youth, the
youth’s parent(s), guardian, custodian, or guardian ad litem, or the Presenting Officer.
2. At the hearing to review a disposition order, the Court shall review the performance of
the youth and the youth’s parent(s), guardian, or custodian, and shall review reports by
the Presenting Officer and other person’s providing assistance to the youth.
3. If the request for review is based upon an alleged violation of a Court order, the Court
shall not modify its order unless it finds clear and convincing evidence of the violation.