Tribe: Omaha Tribe of Nebraska
SECTION 12-7-3. Status Offenses
A status offense is an action that is proscribed conduct only for those persons below a defined statutory
age and is not considered criminal conduct for those above the statutory age.
(a) CURFEW VIOLATlON.
(I) This Section shall replace and supercede the provisions of Section 5-4-105 in Title 5 entitled Curfew
Violation.
(2) A minor under the age of eighteen ( 18) years of age is guilty of curfew violation if unless at
accompanied by a parent or guardian, or unless in attendance at or returning directly home from an
organized school, church or Tribal function, he/she is away from his/her place ofresidence in a public
place or a private place other than the place where he/she intends to spend the night with the permission
of both his/her parent or guardian and the owner of such place, or is in a vehicle driving about on the
public roadways within the boundaries of the Omaha Tribal Reservation, except as allowed above, after
the hour of 10:00 p.m. local time except during that period of time that the local public school is in
recess for summer vacation at which time the hour shall be 11 :00 p.m. local time.
(3) For the purpose ofihis offense parent shall mean the biological, step or adoptive parent of such a
child. This responsibility may be shared by more than one person without relieving any such “parent”
ofliability .. A rebuttable presumption is hereby established for this offense that whosoever is the legal
guardian of such a child shall be the “parent” for purposes of this Section.
( 4) ·For the purpose of this offense the tenn guardian shall mean:
(A) Any person vested with legal g,!lardianship of such child; or
(B) Any person who by virtue of their position of employment, position within the immediate
family structure or position within the community is recognized as a person to whom parents may
entrust the welfare of such a child;
(C) Such person is aware that they have been entrusted with the welfare of such a child.
(5) Curfew violation shall be enforced as follows:
(A) That in addition to any other rehabilitative’effort the minor shall perform at least fifteen (15)
hours of community service for the first violation in a twelve month span; and
(B) That in addition to any other rehabilitative effo1i the minor shall perform at least thirty (30)
hours of community service for the first violation in a twelve month span; and
{C) That in addition to any other rehabilitative effort the minor shall perform at least thirty (30)
hours of community service for each subsequent violation in a twelve month span, and that a
responsible parent or legal guardian .shall accompany the minor in the performance of his/her
community service hours and shall toil alongside the child.
(b) Minor in Possession of an alcoholic beverage.
(I) For purposes of persons w1der the age of eighteen this Section shall replace and supercede Section
5-4-94 of Title 5 entitled Minor in Possession of an Alcoholic Beverage.
(2) Any person under the age of eighteen ( 18) who is in possession of any intoxicating beverage at any
location within the boundaries of the Omaha Tribal Reservation shall be in violation of this Section; or
(3) Any person under the age of eighteen (18) who exhibits the characteristics an mannerisms of a
person under the influence of alcohol at any location within the boundaries of the Omaha Tribal
Reservation shall be in violation of this Section; or (4) Any person under the age of eighteen (18) who may be determined to have consumed any alcoholic
beverage for any other reason than observance of a religious right at any location within lhe boundaries
of the Omaha Tribal Reservation shall be in violation of this Section.
(c) Runaway.
(I) Any child who removes themselves from their residence without permission of a custodial parent,
guardian or other custodian for a duration lo include the hours of 10:00 p.m. until 6:00 a.m. the
following morning shall be in violation of this Section; or
(2) Any child that removes themselves from their place ofresidence without permission of a custodial
parent, guardian or other custodian with the intention, either stated or manifest by conduct, to remove
themselves permanently or for a duration that would extend for a duration to include the hours of 10:00
p.m. until 6:00 a.m. the following morning shall be in violation of this Section.
(3) The Court may issue a warrant for the arrest of the child based upon the affidavit of a custodial
parent, guardian or other custodian stating a violation of sections (a) or (b) above or an affidavit from a
law enforcement officer stating equivalent facts.
(4) Any such warrant issued shall be entered on relevant data bases and have other relevant law
enforcement agencies notified.
(5) Any minor detained by any outside law enforcement agency shall be considered to be a temporary
ward of lhe Omaha Tribal Court and may be returned to the jurisdiction of the Omaha Tribal Court by
any law enforcement personnel or Child Protective Services worker or other person so designated by the
Omaha Tribal Court.
(d) Truancy.
(I) Any school age child who is not at sc1100I, inside his/her home or with a parent or guardian, to
include all students that may be in a state of suspension and are not inside the family home or with a
parent shall be in violation of this Section.
(2) It shall hereby be granted the authority to Omaha Tribal Law Enforcement, Omaha Tribal Child
Protective Services, School Truant officers within the boundaries of the Omaha Tribal Reservation, and
Omaha Tribal Housing Security to detain and transport them to the custody of the Community Services
Coordinator, or other designated agency of individual, for supervision and direction until such time as
the regularly scheduled school session ends. This is to constitute a lawful detention with no criminal or
juvenile proceeding lo follow, except that removing themselves from the custody of any of the above
named persons or agency shall be considered an unlawful removal from lawful detention.
(3) For the above listed sections of this Title the following definitions will apply:
(A) “At school”: This is to mean the school at which the child regularly attends, if a boarding
school the juvenile may have a different school schedule and therefore the juvenile will not be
considered truant under this Section.
(B) “Detention”: This is not to be interpreted as arrest, but as lawfully having his/her freedom of
movement and action determined by an authorized arm of the Omaha Tribal Government.
(C) “Custody”: This is lo mean the specific entity or person who has been charged with the
oversight of the juvenile while they are under detention, as defined above.
(D) “Supervision”: This is to mean the direction and oversight in specific tasks while the juvenile
is in custody.