Tribe: Confederated Tribes of the Chehalis Reservation
6.20.070 Investigation by youth caseworker.
A. Whenever a youth has been taken into custody under this chapter or a request for preliminary inquiry has been filed, the youth caseworker shall make an immediate investigation into the matter to determine whether the interests of the youth and the Tribe require that further action be taken.
B. Based upon his or her investigation, the youth caseworker may, prior to or during the preliminary inquiry:
1. Recommend that no further action be taken; or
2. Suggest to the youth, his or her parent, guardian or other custodian, and the initiating party, if any, that they attend an informal conference provided in CTC 6.20.080; or
3. Recommend to the Youth Court judge or the judicial officer that the youth, his or her parent, guardian or other custodian, and the initiating party, if any, be ordered to attend an informal conference; or
4. Recommend that a petition for fact-finding be filed pursuant to CTC 6.20.130. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.070.]
6.20.080 Informal conference.
A. A youth caseworker, the Youth Home Director or the Social Services Director may hold an informal conference with the youth’s parent, guardian or other custodian, and the initiating party, if any, if they so consent, to discuss alternatives to the filing of a petition for fact-finding or, if the youth has not been taken into custody, a request for preliminary inquiry.
B. At the preliminary inquiry the Youth Court may order the youth, his parent, guardian or other custodian; and initiating party, if any, and any other interested person within the Court’s jurisdiction, to attend an informal conference if it finds that such a conference may resolve the matter prior to a fact-finding hearing.
C. If the parent, guardian or other custodian does not consent to the conference or if s/he has not been ordered at the preliminary inquiry to attend a conference, the Youth Court, upon petition, may order him/her or any other person within the Court’s jurisdiction to attend the conference.
1. The petition shall be in writing, state the attempts made to arrange a conference by consent, and briefly state why a conference would be helpful in serving the youth’s best interests.
2. The Court Clerk shall set a hearing on the petition to be held within 14 days of filing, and shall immediately serve notice and an attached copy of the petition upon the persons whose attendance is sought at least five days before the hearing, unless notice of the hearing has been given previously at the preliminary inquiry pursuant to CTC 6.05.160(C).
3. In the absence of a clear showing of good cause why attendance should not be ordered, the Youth Court shall grant the petition.
D. In accordance with CTC 6.05.160(C), notice of the date, time and place of the informal conference may be given orally by the Youth Court judge or the judicial officer during the preliminary inquiry, the hearing on the petition for informal conference, or during any other initial proceeding; or by regular mail to the party’s last known mailing address.
E. No attorneys may be present at any informal conference unless all parties so agree.
F. Substantive information obtained at the conference is not admissible as evidence at any proceeding unless all parties otherwise agree, but the terms of an agreed-upon supervision or treatment plan developed during an informal conference may be admissible as evidence at a subsequent proceeding under this title involving the care of the youth.
G. At the conference, the youth caseworker or Youth Home Director may:
1. Refer the youth and his or her parent, guardian or other custodian to a community agency or program or other source of assistance; or
2. Suggest terms of a supervision or treatment plan which shall be calculated to assist and benefit the youth, regulate the conduct of the youth and/or his or her parent, guardian or other custodian; and be within their ability to perform.
H. Based upon the results of the informal conference, the Youth Home Director, Social Services Director or youth caseworker may recommend that no further action be taken, dismissal or suspension of pending proceedings, or that a petition for fact-finding be filed.
I. The caseworker or Director shall set forth in writing the conclusions reached at the informal conference and the disposition agreed to by the parties for remedying the situation or conditions which contributed to the allegations that the youth is in need of care.
J. Any informal adjustment period, treatment or supervision plan shall not exceed six months, and, if approved by the Court, suspends all time limits prescribed under this chapter.
K. The caseworker or Director shall review the youth’s progress every 30-day period. The caseworker and Director may recommend at any time that no further action be taken or, whenever it appears that positive results are not being nor likely to be achieved, s/he shall recommend that a petition for fact-finding be filed pursuant to CTC 6.20.130. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.5.080.]
Read Full Text of Chehalis Tribal Code. Chapter 6.20 Youth In Need Of Care. Section 6.20.070 Investigation By Youth Caseworker & 6.20.080 Informal Conference.