(2) suggesting to the school district that the child enroll in another school, an alternative
education program, an education center, a skill center, a dropout prevention program,
or another public or private educational program.
(d) If a referral is made to a CTB, the CTB shall meet with the child, a parent, and the school
representative as soon as possible, but in all cases within 30 days of the referral, and enter into
an agreement with the parent, child, and school representative regarding expectations and any
actions necessary to address the child's truancy issues.
(e) If the petition is based upon unexcused absences of a 6- or 7-year-old child, the child shall not
be required to attend the CTB meeting, and the agreement under subsection 42-7.01(d) shall be
between the CTB, the school representative, and the child's parent.
Section 42-9 Court Intervention
42-9.01 Court Intervention.
(a) If the actions taken by a school under Sections 42-5 and 42-7, hereof, are not successful in
substantially reducing a child’s absences from school, then not later than the 7th unexcused
absence by a child in any 30-day period during the current school year, or not later than the 10th
unexcused absence during the current school year, the school district, the private school, the
Office of the Spokane Tribal Attorney, or a parent, shall file a petition and supporting affidavit
for a civil action with the Spokane Tribal Youth Court.
(b) If the parents or child are non-Indian and do not consent to the jurisdiction of the Spokane
Tribal Court, the parent or school shall file the petition with the Stevens County Juvenile Court.
(c) Except as provided in this Section 42-9, no additional documents need be filed with the petition.
42-9.03 Petition.
(a) A petition for a civil action under this Section 42-9 shall consist of a written notification to the
Court alleging that:
(1) the child has unexcused absences in excess of the legal requirements during the current
school year;
(2) actions taken by the school have not been successful in substantially reducing the child’s
absences from school; and
(3) Court intervention and supervision are necessary to assist the school or parent to reduce
the child’s absences from school.
(b) The petition shall set forth the name, date of birth, school, address, gender, race, ethnicity of
the child, and the names and addresses of the child’s parents.
(c) The petition shall:
(1) set forth facts that support the allegations in this section 42-9;
(2) generally request available relief pursuant to this Code; and
(3) provide information about what the Court might order pursuant Section 42-11.05,
hereof.
42-9.05 Service of Process.
(a) The petition shall be served in the same manner as a complaint, pursuant to the RSLOC 4-3
et.seq.
(b) The Tribal Court separately shall notify the Tribal Attorney, the child, the parent of the child, and
the school of the hearing time and date.
(c) The Court may compel a child 8 years old or older, the parent, and the school representative to
attend the hearing.
Section 42-11 Court Jurisdiction and Process
42-11.01 Tribal Court Jurisdiction. Pursuant to the RSLOC Sections 1-2.01, 4-1.03(a), and 6-3.01, the
Spokane Tribal Court has jurisdiction over any Indian or non-Indian parent or child who attends a school on
the Spokane Indian Reservation.
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Revised Spokane Law & Order Code, 5/14/2013