Tribe: Little River Band of Ottawa Indians
13.05. Informal Adjustment Conference.
a. If, after the filing of a petition and prior to adjudication, the parties may agree to informal adjustment provided for in Section 13 of this Code. During informal adjustment, the petition is held in abeyance and formal proceedings adjourned until the informal adjustment proceedings conclude or the petition is dismissed.
b. The Court may hold an informal hearing conference with the minor and the minor’s parent, guardian, or custodian, the Family Services Department, and the Presenting Officer to discuss alternatives to the filing of a petition if:
1. The admitted facts bring the case within the jurisdiction of the Court;
2. An informal adjustment of the matter would be in the best interests of the minor and the Tribe; and
3. The minor and his or her parent, guardian, or custodian, the Family Services Department, and the Presenting Officer consent to an informal adjustment with knowledge that the consent is voluntary.
c. This subsection does not authorize the Court to compel any involuntary action of the parties involved.
d. At the informal conference, the Family Services Department or the Presenting Officer may recommend that the Court:
1. Refer the minor and the parent, guardian, or custodian to a community agency for needed assistance;
2. Order terms of supervision; and
3. Order compliance with the voluntary service plan.
e. The Court shall set forth in writing the conclusions reached at the informal conference and the disposition agreed to by parties for remedying the situation and such report shall be made available to the Court, parents, guardian, guardian ad litem, custodian, the child advocate, Family Services Department, and Presenting Officer.
f. Any informal adjustment period shall not exceed six (6) months.
g. The Family Services Department shall review the minor’s progress every thirty
(30) days. If at any time after the initial thirty (30) day period, the Family Services Department concludes that positive results are not being achieved, the Family Services Department shall recommend that the Presenting Officer file a petition pursuant to this Code.
h. No statement made during the informal hearing may be admitted as evidence at an adjudicatory hearing or any proceedings against the minor under this Code.
Read Full Text of Little River Band of Ottawa Indians Ordinance #98-900-01: 13.05.