Tribe: Keweenaw Bay Indian Community
Sec. 14-226. Waiver; factors to be considered by the court.
The following factors shall be considered by the court when deciding whether or not to waive jurisdiction of a Juvenile to the trial division of the court:
(1) The nature and seriousness of the offense with which the Juvenile is charged.
(2) The nature and condition of the Juvenile, as evidenced by his age, mental, and physical condition, past record of offenses, and responses to past Juvenile court efforts at rehabilitation.
(3) At the hearing, the court shall take such testimony as may be offered by the petitioner and any witnesses called thereby, such testimony as may be offered by the Juvenile or his family and such witnesses as may be called thereby and shall consider a report which shall be prepared and submitted to the court by TSS addressing the factors to be considered by the court at the waiver hearing.
Sec. 14-227. Waiver of jurisdiction; required findings.
The Juvenile court may waive jurisdiction of the Juvenile to the trial division of the court if the Juvenile division shall find clear and convincing evidence of both of the following circumstances:
(1) There are no reasonable prospects for the rehabilitation of the Juvenile through use of the resources available to the Juvenile court; and
(2) The offense allegedly committed by the Juvenile, if committed thereby, evidences a pattern of conduct which constitutes a substantial danger to the public.