Tribe: Standing Rock Sioux Tribe of North and South Dakota
6-817. Initial Hearing-Procedure.
1. At the initial hearing, the Children’s Court shall advise the child and his/her parent or legal guardian, in language the child will easily understand, of the following:
a. The nature and purpose of the proceedings;
b. The content of the delinquency petition;
c. The possible consequences, if the child is found to have committed a delinquent act;
d. The right to counsel at their own expense or utilization of the Public Defender’s Office if the offense charged would be a felony if committed by an adult;
e. The privilege against self-incrimination;
f. The right to an adjudication in accordance with the provision of this Chapter;
g. The right to cross-examine witnesses;
h. The right to testify, the right to subpoena witnesses, and the right to introduce evidence on the child’s own behalf;
i. The right to appeal any final order of the Children’s Court.
2. At the hearing, the child shall enter a plea to either admit or deny the allegations in the delinquency petition.
3. If the child admits to the allegations, a disposition hearing shall be immediately held.
4. If the child denies the allegations, an adjudication hearing shall be held within sixty (60) days, regardless of whether the child is in custody.
5. The Presenting Officer may consider diversion and/or deferral alternatives for the matter including, deferral of the child to the healing to wellness program, chemical and mental health evaluation, or other appropriate programs.