Tribe: Confederated Tribes of the Umatilla Indian Reservation
SECTION 11.02. INFORMAL ADJUSTMENT CONFERENCES
A. At any time prior to a Court hearing, the Department of Children and Family Services (DCFS) may hold an informal conference with the parent(s), guardian, or custodian of a child alleged to be a minor-in-need-of-care, and the child where appropriate, to discuss alternatives to formal Juvenile Court proceedings. Counsel for the child and/or the child’s parent(s), guardian, or custodian and any other persons approved by DCFS who may be helpful in the resolution of the matter may participate in the conference.
B. Any informal disposition of the matter shall be in writing, signed by the parties, and submitted to the Juvenile Court. The parties entering into an informal adjustment agreement shall admit the allegations in the petition or other facts supporting a determination that the child is a minor-in-need-of-care. By these admissions the parties give up their right to a wardship hearing. If an agreement is not reached by the parties, statements made during the informal adjustment conference shall not be used against the family in Juvenile Court. The services, programs, activities, and/or supervision required in an agreement shall not exceed six (6) months in duration. An informal adjustment agreement shall include, but not limited to:
1. The areas in which the child and the child’s parent(s), guardian, or custodian need assistance and the services, programs, activities, and/or supervision needed by the family to receive that assistance;
2. The agencies, organizations, or individuals that will provide those services, programs, activities, and/or supervision to the family, and how often;
3. The timelines to which the family and DCFS will be held for completion of the services, programs, activities, and/or supervision; and
4. How the family’s progress will be monitored and measured.
C. If the Juvenile Court approves the informal adjustment agreement, the Court shall issue an order continuing the petition and adopting the plan set forth in the agreement. DCFS shall, with the family whenever possible, review the family’s progress every thirty (30) days. If at any time after the initial thirty (30) day period but before the end of the six (6) months DCFS concludes that positive results are not being achieved, DCFS shall ask the Juvenile Court to hold a formal hearing on the petition alleging that the child is a minor-in-need-of-care. At the end of the initial six (6) months, DCFS shall:
1. Petition the Court to dismiss the matter;
2. Petition the Court for a formal hearing on the petition; or
3. Extend the agreement for good cause, but for no longer than an additional ninety (90) days.
D. Any party who declines to enter into an informal adjustment agreement has the right to a wardship hearing, regardless of whether any other party has entered into an agreement.
Read Full Text of Juvenile Code § 11.02