6-7.05 Procedure in Youth Court Involving Delinquency Matters. Any person may file a Complaint in the
Tribal Court alleging that a child is a delinquent child as defined in subsection 6-7.01 of this section.
(a) When a person files a complaint with the Court, a preliminary inquiry shall be made to determine
whether this Court has jurisdiction and whether the interests of the child or the public require
that further action be taken.
(b) If the Court decides that further action can be taken, the Court shall appoint a guardian ad litem
to represent the child in all further proceedings.
(c) Upon the basis of the preliminary inquiry, or later hearing, the Court may:
(1) Make informal recommendations to the child and his parent or person having custody as are
appropriate to the circumstances.
(2) Direct the juvenile and his parents or person having custody to appear for an informal
hearing.
(3) Direct the juvenile and his parents or person having custody to appear in a formal hearing
before the Court.
(4) Have the child arrested and brought before the Court.
(d) Any juvenile 14 years of age or older may be ordered to stand trial as an adult for the offense
charged.
(1) The Court shall consider the relevant reports, facts, opinions, and arguments presented by
the parties and their advocate to determine that such order would be in the best interests of
the child or the public.
6-7.06 Conducting the Hearing.
(a) Delinquency hearings before the Youth Court shall be closed hearings, unless the child or his
parent or person having custody otherwise requests.
(b) The general public shall be excluded and only such persons admitted as the Judge finds have a
proper interest in the case or the work of the Court.
(c) No right to jury trial exists in delinquency hearings, except cases where the juvenile is tried as
an adult in open Court.
(d) Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed by the
Court.
(1) The child or his parents, or guardian, or person appearing in his behalf, may have persons
subpoenaed in the same manner as provided in Section 6, Chapter 1 of the Code.
(e) For the purpose of determining proper disposition of the child, testimony, reports or other
material relating to the child's mental, physical and social history may be received by the Court
without regard to the relevancy under rules of evidence.
(f) At the termination of the hearing, in the proceedings, the Court shall enter an appropriate order
directing the disposition to be made in the case.
6-7.07 Disposition by the Court in Delinquency Cases.
(a) If a child is found to be delinquent under this Chapter of the Code, the Court may:
(1) Place the child on probation or under protective supervision;
(2) Direct that the child remain in the legal custody of his parents or other person with whom he
is living;
(3) Direct that the child be placed in the legal custody of some relative or some person
maintaining a foster home approved by the Court;
(4) Specify particular requirements to be observed during the probation period of protective
supervision, including but not limited to restrictions on visitations by child's parents,
restrictions on the child's associates, and on activities, and may require the juvenile to report
to an appointed counselor;
(5) Order restitution for properly taken, damaged or destroyed by the child as a condition of
probation.
A. The child may also be ordered to perform acts that will be beneficial to the child or the
community;
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Revised Spokane Law & Order Code, 5/14/2013