Tribe: Makah Indian Tribe of the Makah Indian Reservation
§ 6.6.06 Pre-Adjudication Custody
If a minor is not released to his parent, guardian or custodian, the probation officer shall
immediately explore alternative pre-adjudication custody arrangements and prepare
recommendations for temporary care and custody for presentation at the custody hearing. […] § 6.6.11 Continued Custody The minor shall be released to bis parent, guardian or custodian pending his appearance
at the hearing on a date to be set by the Court unless:
(a) One of the criteria for detention or shelter care under Section 6.4.01 and 6.4.02 is
found to exist; and
(b) The Court finds that there is probable cause to believe the minor has committed
the act alleged.
The Juvenile Court, before ordering continued custody or release, shall take into
consideration the recommendations of the probation officer regarding alternative
pre-adjudication custody.
The Juvenile Court may release a minor under this Title to an extended family member or
other responsible adult tribal member if the parent, guardian or custodian of the minor consents
to the release. If the minor is ten ( I 0) years of age or older, the minor and his parent, guardian or
custodian must both consent to such release.
When continued secure detention is necessary, the Court may order that the minor be
confined in the nearest state-approved juvenile detention facility. […] § 6.6.13 The probation officer may hold an informal conference with the minor and the minor’s
parent, guardian or custodian to discuss alternatives to the filing of a petition if:
(a) The admitted facts bring the case within the jurisdiction of the Juvenile Court; and
(b) An informal adjustment of the matter would be in the best interest of the minor
and the Tribe; and
( c) The minor and his parent, guardian or custodian consent to an informal
adjustment with knowledge that the consent is voluntary.
Notice of the informal hearing shall be given to the minor and his parent, guardian or
custodian and their counsel as soon as the time for the hearing has been established. This does
not authorize the Juvenile Court’s probation officer to compel any person to appear at any
conference, produce any papers or visit any place.