5.02.110 Commitments and Judgments

The Court shall have broad discretionary power with respect to commitments and judgments, and its authority shall include, but is not limited to, the power to commit the juvenile. If the Court shall find that the child is within the provisions of Title 9 and this title, it shall so decree and, by order duly entered, may proceed as follows:

(a) Place the child under supervision in his own home, or in the custody of a relative or other proper person, upon such terms as the Court shall determine.

(b) Commit the child to a suitable private home, suitable private institution or agency, or to a suitable school or institution, or he may be detained in a place provided by the tribe; or

(c) Order the child into programs as specified by the Court if the child has damaged, destroyed, vandalized, or stolen another person's property. The program will be geared toward paying back the victims of delinquent acts. The Court will also have the authority to order delinquent children into working in community betterment projects.

(d) The Anti-Drug Act of 1986 requires a procedure for the emergency medical assessment and treatment of every Indian youth arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to or involving alcohol or substance abuse. The medical assessment required by this subsection:

(1) shall be conducted to determine the mental or physical state of the individual assessed so that appropriate steps can be taken to protect the individual's health and well-being,

(2) shall occur as soon as possible after the arrest or detention of an Indian youth, and

(3) shall be provided by the Indian Health Service either through its direct or contract health service.

(e) Require the parents of the delinquent child or a minor in need of care, especially in status offense cases, to be involved in the treatment process of a child, if it can be clearly shown that the parents of the child are contributing factors in the child's delinquent behavior. The Court requirement of parental involvement can be, but is not limited to, family therapy. Parental factors contributing to delinquency can be, but are not limited to, excessive use of alcohol or drugs by either or both parents, child neglect, or abuse by either or both parents, or incestuous relationships.

(f) Order such care and treatment as the Court may deem to be for the best interests of the child. No adjudication upon the status of any child within the jurisdiction of the Turtle Mountain Tribal Court shall operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction. The disposition of a child or any evidence given in the Court shall not be admissible as evidence against the child in any case or proceeding in any other court, nor shall such disposition or evidence operate to disqualify a child in any future civil service examination, appointment, or application. Whenever the Turtle Mountain Tribal Court shall commit a child to any institution or agency, it shall transmit with the order of commitment, a summary of all of its information concerning such child.