5.02.040 Initiation of Proceedings; Rules of Procedure

(a) Petition.

All court proceedings under this part shall be initiated by a petition declaring the facts of the case. Such petition shall set forth the following information:

(1) The name and birth date of the youth.

(2) The name of the parent or custodian of the youth.

(3) The basis of the Court's jurisdiction.

(4) An allegation that the child is delinquent, abused, neglected, or deprived youth, or a youth in need of care and a plain statement of facts supporting this allegation.

(5) Any facts relevant to the present physical or legal custody of the child.

(6) Whether temporary custody of the child is requested by a social services agency in behalf of the child and/or family.

(b) Commencement of action.

(1) Except as otherwise provided below, proceedings in children's cases before the Juvenile Court are commenced by petition.

(2) All proceedings in Juvenile Court shall be closed to the public.

(3) In the case of violation of motor vehicle or boating laws and ordinances, a petition shall not be required. The issuance of a traffic or other citation or summons shall be sufficient or invoke the jurisdiction of the Juvenile Court, unless the Court orders otherwise, no preliminary investigation shall be required in such cases.

(4) Whenever the Court is petitioned by a police officer or any other person alleging that a child appears to be within the Court's jurisdiction, the Clerk of the Court shall notify a probation officer or other designated persons who shall make a preliminary inquiry to determine whether the interests of the public, the Tribe, or the child require that further action be taken. The report on the preliminary investigation shall be filed with the Court without unnecessary delay.

(5) The Court may, by rule, provide that police reports or reports by other social service related agencies having contact with, or custody, or supervision over a child, may be filed with the Court in lieu of a preliminary investigation, in which case, further preliminary investigation as provided herein shall not be required unless otherwise specifically ordered.

(6) As an alternative to filing a petition, the Court may, with the assistance of probation officers or other designated individuals, make such non-judicial adjustment of the case as is practicable without a petition and proceedings thereunder. Such adjustments shall be made only in which the facts are admitted and establish prima facie jurisdiction in the Tribal Juvenile Court, and further provided that consent is obtained from the parents or other custodians and also from the child, if, in the Court's opinion, he is of suitable age and discretions. Efforts to effect a non-judicial adjustment may not extend for a period of more than six months without the permission of the judge of the juvenile court who may extend such intervention.

The petition may be prepared and filed by a probation officer, police officer, parent, guardian, custodian, BIA Branch of Social Services, or other tribally recognized agency, or any interested party. At any time after a petition is filed, the Court may make an order providing for temporary custody of the child.

(d) Examinations.

The court may, upon such conditions of notice and hearing; if any, as it deems best, order that a child concerning whom a petition has been filed, shall be examined by a physician, surgeon, psychiatrist, psychologist, or mental health social worker, and may place the child in a hospital or other facility for such examination for purposes of substantiation of allegations of child abuse or neglect. The Court may also order an examination of a parent or guardian whose ability to care for the child is at issue if the court finds from the evidence presented at the hearing that the parents or guardians physical, mental, or emotional condition may be a factor in causing the neglect, dependency, or delinquency of the child. An examination of a parent or guardian may be ordered only for purposes of custody dispositions.

(e) Petitions; Dismissal.

The Court may dismiss a petition at any stage of the proceedings.