Tribe: Flandreau Santee Sioux Tribe of South Dakota
Section 5-6-5: Decree of disposition: Upon adjudication as a child in
need of supervision, the Court shall enter a decree of
disposition according to the least restrictive alternative
available in the best interests of the child. The Court decree
shall contain any of the following:
(I) Placement of the child on probation;
(2) Placement of the child under protective
supervision with the custody of one or both
parents, guardian, custodian, relative or
another suitable persons under conditions
imposed by the Court;
(3) Placement of the child in a detention facility;
( 4) Order the child to pay restitution for any
damage done to property under conditions
set by the Court if payment can be enforced
without serious hardship to the child;
(5) Placement of the child in a group care facility
or a foster home under supervision of a court
services officer;
( 6) Order the child to be examined and treated at
a place suited to the needs of the child;
(7) Order the child to perform community
service;
(8) Order traditional/cultural forms of treatment
or care which may be appropriate for the
child’s needs but only with the consent of the
child’s parent, guardian or custodian.
The terms and conditions of probation and the progress of
each child placed on probation shall be reviewed at least
once every six (6) months. The Court may release a child
from probation or modify the terms and conditions of the
child’s probation at any time. Any child who has
satisfactorily complied with the terms, conditions and
duration of probation shall be released from probation. […] Section 5-7-7: Dispositional decree/alternatives: Following
adjudication, the Court shall enter a decree of disposition
according to the least restrictive alternative available in
the best interests of the child. The decree may contain
one or more of the following alternatives:
(1) Any one or more of the dispositions set out
in 6-6-5;
(2) Impose a fine not to exceed five hundred
( 500) dollars;
(3) Place the child on probation under
supervision of a court services officer or
another designated individual;
(4) Place the child in a foster home under
supervision of a court services officer;
( 5) Place the child in a licensed group home or
group care center for examination and
treatment;
( 6) Place the child in the state human services
center for examination and treatment;
(7) Place the child in a correctional institute if
the seriousness of the delinquency warrants
so;
(8) Place the child in a detention facility for not
more than ninety (90) days, which may be in
addition to any period of temporary custody;
(9) Place the child in an alternative educational
program;
(10) Order the child to perform community
service;
(11) Order traditionaVcultural forms of treatment
or care which are appropriate for the child’s
needs but only with the consent of the child’s
parent, guardian or custodian.
