Tribe: Poarch Band of Creek Indians
Sec. 10-2-11 Juvenile Offender: Initiation of Proceedings
(a) Investigation by the Juvenile Counselor
The Juvenile Counselor shall make an investigation within twenty-four (24) hours of the Detention hearing or the release of the Child to his Parent, Guardian or Custodian, to determine whether the interests of the Child and the public require that further action be taken. Upon the basis of his investigation, the Juvenile Counselor shall:
(1) Recommend that no further action be taken;
(2) Suggest to the Child and the Child’s Parent, Guardian or Custodian that they appear for an informal adjustment conference under this Tribal Code;
(3) Request the Juvenile Presenter to begin transfer to Adult Tribal Court proceedings under this Tribal Code; or
(4) Recommend that the Juvenile Presenter file a petition under this Tribal Code. The petition shall be filed within forty-eight (48) hours if the Child is in custody. If the Child has been previously released to his Parent, Guardian, Custodian, relative or responsible Adult, the petition shall be filed within ten (10) days.
(b) Informal Adjustment
(1) During the course of the preliminary investigation to determine what further action shall be taken, the Juvenile Counselor 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.
(2) The Juvenile Counselor shall consider the following factors in determining whether to proceed informally or to file a petition:
(i) Nature and seriousness of the offense;
(ii) Previous number of contacts with the police, Juvenile Counselor or the Court;
(iii) Age and maturity of the Child;
(iv) Attitude of the Child regarding the offense;
(v) Willingness of the Child to participate in a voluntary program; and
(vi) Participation and input from the Child’s Parent, Guardian or Custodian.
(c) Informal Conference
(1) After conducting a preliminary investigation, the Juvenile Counselor 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.
(2) The Juvenile Counselor shall inform the Child, the Child’s Parent, Guardian or Custodian of their basic rights under this Tribal Code. 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.
(3) 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. The Child and the Child’s Parent, Guardian or Custodian shall enter into the agreement with the knowledge that consent is voluntary and that they may terminate the adjustment process at any time and petition the Court for a hearing in the case.
(4) The Child shall be permitted to be represented by Counsel at the informal conference.
(5) If the Child does not desire to participate voluntarily in a diversion program, the Juvenile Counselor shall recommend that the Juvenile Presenter file a petition under this Tribal Code.
(6) Upon the successful completion of the informal adjustment agreement, the case shall be closed and no further action taken in the case.
(7) If the Child fails to successfully complete the terms of his informal adjustment agreement, the Juvenile Counselor may recommend that a petition be filed in the case under this Tribal Code.
(d) Filing and Content of Petition
Formal “Juvenile Offender” proceedings shall be instituted by a petition filed by the Juvenile Presenter on behalf of the Poarch Band of Creek Indians and in the interests of the Child. The petition shall be entitled, “In the matter of a Child” and shall set forth with specificity:
(1) The name, birth date, residence, and Tribal affiliation of the Child;
(2) The names and residences of the Child’s Parent, Guardian or Custodian;
(3) A citation to the specific section(s) of this Tribal Code which give the Court jurisdiction over the proceedings;
(4) A citation to the criminal statute or other law or ordinance which the Child is alleged to have violated;
(5) A plain and concise statement of facts upon which the allegations are based, including the date, time and location at which the alleged acts occurred; and
(6) Whether the Child is in custody and, if so, the place of Detention and time he was taken into custody.
(e) Issuance of Summons
After a “Juvenile Offender” petition has been filed, the Court shall direct the issuance of Summons to:
(1) The Child;
(2) The Child’s Parent, Guardian or Custodian;
(3) The Child’s Counsel;
(4) Appropriate medical and/or alcohol rehabilitation experts; and
(5) Any other person the Court deems necessary for the proceedings.
(f) Content of the Summons
The summons shall contain the name of the Court, the title of the proceedings, and the date, time, and place of the hearing. The summons should also advise the parties of their attached to the summons.
(g) Service of the Summons
The summons shall be served upon the parties at least five (5) days prior to the hearing. The summons shall be delivered personally by a law enforcement official or appointee of the Court. If the summons cannot be delivered personally, the Court may deliver it by registered mail. If the summons cannot be delivered by registered mail, it may be by publication. A party, other than the Child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.