Tribe: Crow Tribe of Montana
8B-5-608. Endangering the welfare of children.
(1)
A parent, guardian, or other person supervising the welfare of a child less than 18 years old commits the
offense of endangering the welfare of children if he/she knowingly endangers the child’s welfare by violating
a duty of care, protection, or support or if he/she knowingly fails to cause a child less than 18 years old to
regularly attend school without legal justification.
(2) Aparent or guardian of any person who is 18 years of age or older, whether or not he/she is supervising the
welfare of the child, commits the offense of endangering the welfare of children if he/she knowingly contributes to
the delinquency of a child less than 18 years old by:
(a) supplying or encouraging the use of intoxicating substances by the child; or
(b) assisting, promoting, or encouraging the child to:
(i) abandon his place of residence without the consent of his parents or guardian;
(ii) enter a place of prostitution; or
(iii) engage in sexual conduct.
(3) On the issue of whether there has been a violation of the duty of care, protection, and support, the following in
addition to all other admissible evidence, is admissible: cruel treatment; abuse, infliction of unnecessary and cruel punishment; abandonment; neglect; lack of proper medical care, clothing, shelter, and food; and evidence of past
bodily injury.
(4) Endangering the welfare of children is a Class C offense for which the offender shall be imprisoned in
the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $2500.00
$1000.00 payable to the Crow Tribal Court, or both except that the Court may imprison the offender for
one day
or may impose a fine of up to $100 for each day an offender has failed to cause a child less than
18 years old to attend school without legal justification, or both, not to exceed $1000 or 6 months.
(5) In lieu of a fine or imprisonment, and upon a showing of intention to comply with the law requiring
compulsory school attendance, the Court may order the defendant to perform community service at the
child’s school under the supervision of the school’s Home School Coordinator or other appropriate
official, or may impose other community service. The judge may also impose a requirement for parents
to enroll in Crow traditional counseling or a certified parenting program or the juvenile officer may
enter into an informal adjustment agreement with the parents and juvenile as provided in Title 9.
(6) Any parent, guardian, or other person who is responsible for the care of any child residing on or near the
Crow Reservation who is of kindergarten enrollment age or older prior to the first day of school in any
academic year shall cause the child to attend the school in which he or she is enrolled for the school
term and each day school is open during the term until the child has either reached the age of eighteen
(18) or completed the work of the twelfth (12th) grade. Legal justification for failure to cause the
child’s attendance include (a) illness of the child; (b) death of a family member; (c) the funeral or feast
in remembrance of a family member; (d) legal holidays of the Crow Tribe as defined in Title 5, Rule
28; (e) completion of the GED program; or (f) legal emancipation.
(7) The Juvenile Officer shall develop a Memorandum of Agreement with the Superintendents of schools
located within the boundaries of the Crow Reservation and schools in which a substantial percentage of
students are children of Crow tribal members to provide for enforcement of compulsory school
attendance under the Crow Law and Order Code.