Tribe: Santee Sioux Nation
Section 2. Informal Adjustment
A. During the course of the preliminary investigation to determine what further action shall be taken, the juvenile presenter/probation officer shall confer with the child and the child’s parent, guardian or custodian for the purpose of effecting adjustments or agreements that make the filing of the petition unnecessary.
B. The juvenile counselor shall consider the following factors in determining whether to proceed informally or to file a petition: [lists 7 factors including nature/seriousness of offense, prior contacts, best interests, age/maturity, attitude, willingness to participate, and parental input]
Section 3. Informal Conference
A. After conducting a preliminary investigation, the juvenile counselor, juvenile probation officer, juvenile presenter or other appropriate court personnel shall hold an informal conference with the child and the child’s parent, guardian or custodian to discuss alternative courses of action in the particular case.
B. The juvenile counselor shall inform the child, the child’s parent, guardian or custodian of their basic rights… Statements made by the child at the informal conference shall not be used against the child in determining the truth of the allegations in the petition
C. At the informal conference, upon the basis of the information obtained during the preliminary investigation, the juvenile counselor may enter into a written agreement with the child and the child’s parent, guardian or custodian specifying particular conditions to be observed during an informal adjustment period, not to exceed six (6) months…
D. The child shall be permitted to be represented by counsel at the informal conference. No statement made during the informal hearing conference may be admitted into evidence at an adjudicatory hearing…
E. If the child does not desire to participate voluntarily in a diversion program, the juvenile counselor… shall file a petition…
F. Upon the successful completion of the informal adjustment agreement, the case shall be closed and no further action taken in the case.