Informal Hearing and Adjustment for Family in Need of Services

Title V, Chapter 19, Sections 1-4

Tribe: Santee Sioux Nation

Section 1. Informal Hearing
A. The child welfare officer and the juvenile presenter, juvenile probation officer, or juvenile counselor may hold an informal conference hearing with the child and the child’s parent, guardian or custodian to discuss alternatives to the filing of a petition if:
1. The admitted facts bring the case within the jurisdiction of the Juvenile Court; and
2. An informal adjustment of the matter would be in the best interest of the minor and the Tribe; and
3. The minor and his parent, guardian or custodian consent to an informal adjustment with knowledge that the consent is voluntary…

Section 2. Informal Hearing – Evidence
No statement made during the informal hearing may be admitted into evidence at an adjudicatory hearing or any other proceeding under this Code.

Section 3. Informal Hearing – Disposition
At the informal hearing, the probation officer, juvenile presenter, or juvenile counselor may:
A. Refer the minor and the parent, guardian or custodian to a community agency for needed assistance; or
B. Order terms of supervision calculated to assist and benefit the minor which regulate the minor’s activities and which are within the ability of the minor to perform; or
C. File a petition pursuant to this title. Any informal adjustment period shall not exceed six (6) months.

Section 4. Informal Hearing – Post-Disposition
The juvenile probation officer, juvenile presenter, or juvenile counselor shall set forth in writing the conclusions reached at the informal hearing and the disposition agreed to by the parties for remedying the situation. The officer shall review the minor’s progress every thirty (30) days. If at any time after the initial thirty day period, the officer concludes that positive results are not being achieved, the officer shall file a petition pursuant to this Title.

Read Full Text of Title V, Chapter 19, Sections 1-4