Tribe: Miami Tribe of Oklahoma
Section 901 Predisposition Reports and Examinations. A. The Juvenile Court may direct the Juvenile Case Coordinator to prepare a written
disposition study and report for the Juvenile Court concerning the child, the child’s
family, environment, and any other matter relevant to need for treatment or other
appropriate disposition of the case when: 1. The child has been adjudicated to have committed a delinquent act; 2. A notice of intent to admit the allegations of the petition has been filed; or 3. Upon request of the Juvenile Court. B. The report shall contain a specific plan for the child, aimed at resolving the problems
presented in the petition. The report shall contain a detailed explanation showing the
necessity for the proposed plan of disposition and the benefits to the child under the
proposed plan. Preferences shall be given to the dispositional alternatives which are
least restrictive of the child’s freedom and are consistent with the interests of the
Tribe. C. The Juvenile Court may order a medical assessment of a child arrested or detained for
an offense relating to or involving alcohol or substance abuse to determine the mental
or physical state of the child so that appropriate steps can be taken to protect the
child’s health and well-being. D. Where there are indications that the child may be emotionally disturbed or
developmentally disabled, the Juvenile Court, on a motion by the Tribal Prosecutor or
that of counsel for the child, may order the child to be tested by a qualified
psychiatrist, psychologist, or licensed psychometrician prior to a hearing on the
merits of the petition. 1. An examination made prior to the hearing, or as part of the predisposition
study and report, shall be conducted on an outpatient basis unless the Juvenile
Court finds that placement in a hospital or other appropriate facility is
necessary. E. The Juvenile Court may order an examination of a child found to have committed a
delinquent act by a physician, psychiatrist, or psychologist. F. The Juvenile Court may order that a child found to have committed a delinquent act
be transferred to an appropriate facility for a period of not more than six (6) days for
purposes of diagnosis with direction that the Juvenile Court be given a written report
at the end of that period indicating the disposition which appears most suitable. G. Evaluations, assessments, dispositional reports, and other material to be considered by the Juvenile Court in a juvenile hearing shall be submitted to the Juvenile Court
and to the parties no later than three (3) days before the scheduled hearing date. 1. A declaration including reasons why a report has not been completed shall be
filed with the Juvenile Court no later than three (3) days before the scheduled
hearing date if the report will not be submitted before the deadline. 2. The Juvenile Court may in its discretion dismiss a petition if the necessary
reports, evaluations or other materials have not been submitted in a timely
manner. […] Section 904 Orders on Disposition. A. If the Juvenile Court finds that the child has committed a delinquent act, the Juvenile
Court may: 1. Enter a written disposition imposing a disposition contained in Section 905; or 2. Enter a written order deferring the disposition for a period not to exceed six
(6) months and setting forth the particular conditions to be fulfilled by the
child and the child’s parent, guardian, or custodian during the deferral period. B. When exercising its discretion in dispositional orders, the Juvenile Court shall
consider: 1. The nature and seriousness of the delinquent act; 2. The circumstances, age, and mental and physical condition of the child; 3. The child’s culpability, as indicated by the circumstances of the particular case; 4. The impact the child’s actions have on the community and the victim, if there
is a victim; and 5. The child’s past record of delinquency, if any. C. All dispositional orders issued by the Juvenile Court shall contain a written statement
of the facts relied upon by the Juvenile Court in entering the order, the disposition
entered, the duration of any conditions or placement or detention ordered and the
reasons for rejecting less restrictive alternatives.