(1) who has been abandoned by his parents, guardian or custodian; or
(2) who is without proper care and disciple its parents; or
(3) whose parents are not in a position to be responsible for the child's well being; or
(4) whose parents, guardian, or custodian knowingly, intentionally or negligently placed the child or allowed the child to be placed in a situation dangerous to his or her life or health, or torture or cruelly punished said child.

(1) violates any of the law's and ordinances of the Absentee Shawnee Tribe; or

(2) habitually disobeys the reasonable and lawful demands of his or her parents, guardian or custodian; or

(3) is habitually truant from school; or

(4) habitually deports himself so as to injure or endanger the morals or health of himself or others.

A. A tribal police officer who takes a child into temporary custody under this Section shall thereafter proceed as follows:

(1) He may release the child to the child's parents, custodian, or guardian; or

(2) He may prepare in duplicate a written Promise to Appear before the Tribal Indian Child Welfare Worker(s) and/or Juvenile Officer at a specified time and place. Such notice shall contain a concise statement of the reasons the child was taken into temporary custody. He shall deliver one (1) copy of the notice to such child or to the parent, custodian or guardian of such child and may require such child, parent, custodian or guardian to sign a written promise that both will appear at the time and place designated. Upon execution of the promise to appear, he shall immediately release the child. He shall, as soon as practicable, deliver one (1) copy of the notice to the Tribal Indian Child Welfare Worker(s) and/or Juvenile Officer: or

(4) He may take the child without unnecessary delay before the Tribal Indian Child Welfare Worker(s) and/or Juvenile Off icer; or

(5) He may take the child without unnecessary delay to the appropriate agency, department or facility.

(6) When a tribal police officer takes a child to the Tribal Indian Child Welfare Worker(s) and/or Juvenile Officer or other agency, pursuant to this Section, he shall take immediate steps to notify the child's parents, guardian, or custodian that the child is in temporary custody and the place where the child is being held.

(7) In determining which disposition of the child he will make, the officer shall choose the alternative which least restricts the minor's freedom of movement, provided such alternative is compatible with the best interest of the minor and the tribal community.

(8) The taking of a child into temporary custody under this Section is not an arrest nor will it be reflected on a permanent police record of such child after the child reaches the age of eighteen (18) years.

(1) Absentee Shawnee Juvenile Facility; or
(2) Juvenile Half-Way Home; or
(3) Any foster home approved by a certified Indian Child Welfare program; or
(4) Any other suitable place designated by the Court or Child Protection Team.

(1) name, age and residence of the child;

(2) the citation of the law or ordinance which was violated, if applicable;

(3) the names and addresses of the parents, guardian or custodian of the child; and

(4) a brief statement of the facts relied upon in the petition.

A. Allow the child to remain with his parents, guardian or custodian subject to conditions and limitations prescribed by the Court;

B. Place the Child under protective supervision or transfer custody of the child to one (1) of the following:

(1) any agency willing and able to assume the responsibility for education and care of the child and which is licensed and authorized by law to provide such care to children; or

(2) a relative or individual who, after proper determination, is found to be qualified to care for the child.

(1) abandonment of the child;

(2) willful and repeated neglect, physical injuries which cause or create a substantial risk of death, disfigurement, or impairment of bodily functions;

(3) willful and repeated acts of sexual abuse;

(4) by reason of physical or mental incapacity the parent is unable to provide necessary parental care for the minor; and/or

(5) relinquishment of parental rights acknowledgement before the Tribal Juvenile Court.

(1) All requests for payment of funds of a ward of the Court shall be made to the Tribal Juvenile Court;

(2) The Indian Child Welfare Worker(s) and/or Juvenile Officer shall review the request and if payment is recommended, shall submit such recommendation to the Tribal Juvenile Court;

(1) Upon notification of a pending matter before the Tribe which concerns the welfare of a child, the Indian Child Welfare Department shall perform an investigation of the home of the child to include an investigation of the parents or guardians of the child and their fitness to properly care for the child.

(2) The Social Service Department will notify the CPT at a regularly scheduled meeting of the CPT of the pending matter, or in the case of an emergency shall call a meeting of the CPT to present the pending matter to the CPT.

(3) The CPT shall make findings of fact in that pending matter and shall submit to the Tribal Court such findings of fact bearing the signatures of all persons concurring in the findings. Any such finding of the CPT shall create at Court a rebuttable presumption of truthfulness as to the substance of the findings.

(4) The CPT may submit to the Tribal Court its recommendations as to the disposition of the pending matter bearing the signature of those persons concurring in the recommendations. Any such recommendations of the CPT shall be accepted at Court as a recommendation coming from expert testimony and can only be rebutted by:

(a) other expert testimony; or (b) good cause to the contrary.

(b) good cause to the contrary.

CASE #_____________________

          (1) A female sibling of the biological parents, or

          (2) A female first cousin of the biological parents, or

          (3) A female child of a grandparent, or

          (4) Any other female person, who, by virtue of an adoption, either of themselves or of a member of their family pursuant to the laws of any Indian tribe or state would come within the terms of subparagraphs (1), (2), or (3) of this subsection.

          (1) Any male sibling, or

          (2) Any other male person, who, by virtue of an adoption either of themselves or of a member of their family pursuant to the laws of any Indian tribe or state, would hold the relationship of a sibling with the person in question.

          (1) Who has repeatedly disobeyed reasonable and lawful commands or directives of his parent, legal guardian, or other custodian; or

          (2) Who is willfully and voluntarily absent from his home without the consent of his parent, guardian, or legal custodian for a substantial period of time, or without intent to return; or

          (3) Who, being subject to compulsory school attendance, is willfully, voluntarily, and habitually absent from school in violation of law,

          (1) Has violated any federal, Tribal, or state law excepting traffic statutes or ordinances, hunting or fishing statutes or ordinances, or any lawful order of the Court made pursuant to this Title, or

          (2) Has habitually violated any traffic, hunting, or fishing statutes or ordinances, or lawful orders of the court made under this Title.

          (1) A biological grandparent.

          (2) The brothers and sisters of a biological grandparent, and their spouses.

          (3) Any other person, who, by virtue of an adoption either of themselves or a member of their family pursuant to the laws of any Indian tribe or state, would come within the terms of subparagraphs (1) or (2) of this subsection.

          (1) The authority to consent to marriage, enlistment in the armed forces, and to extraordinary medical and surgical treatment, and

          (2) The authority to represent a child in legal actions and to make other decisions of substantial legal significance concerning a child, and

          (3) The authority to consent to the adoption of a child when the parent-child relationship has been terminated by judicial decree or the death of the parents, and

          (4) The rights and responsibilities of the physical and legal care, custody, and control of a child when legal custody has not been vested in another person, or agency, or institution.

          (5) The duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for the child. Guardianship of the person of a child, or legal custody of a child, may be taken from its parents only by Court action.

          (1) Whose parent, guardian, or legal custodian has subjected him to mistreatment or abuse, or whose parent, guardian, or legal custodian. has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring; or

          (2) Who lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian; or

          (3) Whose environment is injurious to his welfare; or

          (4) Whose parent, guardian, or legal custodian fails or refuses to provide proper or necessary subsistence, education, medical care, or any other care necessary for his health, guidance, or well being whether because of the fault of the parent, guardian, or legal custodian, or because the parent, guardian or legal custodian does not have the ability or resources to provide for the child.

          (5) Who is homeless, without proper care, or not domiciled with his parent, guardian, or legal custodian, due to, or without the fault of his parent, guardian, or legal custodian, or

          (6) Whose parent, guardian, or legal custodian has abandoned him without apparent intent to return, or who has placed him informally with any other person, and has not contributed to the support of the child or established personal contact with the child for a period in excess of six months.

          (1) Any female sibling.

          (2) Any other female person, who, by virtue of an adoption either of themselves or of a member of their family pursuant to this Title or the laws of any Indian tribe or state, would have the relationship of a sibling with the person in question.

          (1) Concerning any child in need of supervision,

          (2) Concerning any child who is delinquent, neglected or dependent.

          (3) Concerning any transfer proceeding to or from a court of another sovereign in a children's case.

          (4) To determine the legal custody of any child or to appoint a guardian of the person or legal custodian of any child who comes within the Juvenile Court's jurisdiction.

          (5) For the issuance of orders of support of minor children.

          (6) To determine the parentage of a child and to make an order of support in connection therewith.

          (7) For the adoption of a person of any age.

          (8) For judicial consent to the marriage, employment or enlistment of a child, when such consent is required by law.

          (9) For the treatment of commitment of a mentally ill or developmentally disabled child who comes within the Court's jurisdiction.

          (1) If a petition involving the same child is pending in Juvenile Court or if continuous jurisdiction has been previously acquired by the Juvenile Court, the Tribal Court shall certify the question of legal custody to the Juvenile Court; and

          (2) The Tribal Court at any time may request the Juvenile court to make recommendations pertaining to guardianship or legal custody.

          (1) Whether the child or its family will be in need of special services for physical or mental disease or defect which the Tribe and its resources are unable to adequately provide, and

          (2) If transfer is tendered prior to adjudication, whether the witnesses necessary to adjudicate the. case will be available. If the witnesses will probably not appear the Court should decline to accept the transfer until after the adjudication is completed, and

          (3) Any other matters which may adversely affect the Tribe's ability to provide treatment or necessary services to the family.

          (1) Whether the child or its family will be in need of special services for physically or mental disease or defect which the Tribe and its resources are unable to adequately provide, and

          (2) If transfer is tendered prior to adjudication whether the witnesses necessary to adjudicate the case will be available. If the witnesses will probably not appear, the Court should decline to accept the transfer until after the adjudication is completed,

          (3) Any other matters which may adversely affect the Tribe's ability to provide treatment or necessary services to the family.

          (1) The best interests of the child, and

          (2) Any special needs or mental or physical disease or defects of the child and family and the ability of the Tribe and the receiving jurisdiction to meet those needs, and

          (3) If transfer is requested prior to adjudication, whether witnesses necessary to the adjudication can attend in the receiving jurisdiction, and

          (4) Emotional, cultural, and social ties of the child and its family

          (5) The likelihood that the same child and family would return to the Tribal jurisdiction within a reasonable time and come before the Juvenile Court again.

          (1) Their right to a jury trial upon demand where available.

          (2) Their right to be represented by an attorney, at their own expense, at every stage of the proceeding.

          (3) Their right to see, hear, and cross-examine all witnesses against them.

          (4) Their right to call witnesses on their own behalf and to have court process compel the attendance of witnesses for them.

          (5) In juvenile delinquency proceedings, the right of the child not to be compelled to testify against himself.

          (1) In adjudicatory hearings concerning an alleged delinquent, neglected, or deprived child, or child in need of supervision, where termination is stated as a possible disposition in the petition.

          (2) In determining the parentage of a child under this title.

          (1) If the allegations of a petition filed under Section 102 are denied, the study shall not be made until the Court has entered an order of adjudication; and

          (2) The study and investigation in all adoptions shall be made as provided in the provisions relating to adoptions.

          (1) Transmit promptly to the juvenile Judge all papers relating to the case together with his findings and recommendations in writing;

          (2) Advise the parties before him of his findings and recommendations; and

          (3) Advise the parties of their right to review of the findings and recommendations by the juvenile Judge.

          (1) The subject of the hearing has not been convicted of a felony, an offense, punishable by banishment or of a misdemeanor involving moral turpitude and has not been adjudicated under this title since the termination of the court's jurisdiction;

          (2) no proceeding concerning a felony, an offense punishable by banishment, a misdemeanor involving moral turpitude, or a petition under this title is pending or being instituted against him; and

          (3) The rehabilitation of the person has been attained to the satisfaction of the Court.

          (1) To the victim in each case when the child is found guilty of a delinquent act;

          (2) When the child has escaped from an institution to which he has been committed;

          (3) By order of the Court;

          (4) When the Court orders the child to be held for criminal proceedings; or

          (5) When there has been a criminal conviction and a presentence investigation is being made on an application for probation.

          (6) When the disclosure is to a Tribal, federal, or state officer, employee, or agency in their official capacity who show a bonafide need for the information requested to assist in apprehension, to conduct a current investigation, or as otherwise provided by Tribal law.

          (1) Be in writing and supported by affidavit sworn to or affirmed before the Court;

          (2) Name or describe with particularity the child sought;

          (3) State that the child is believed to be a delinquent child, a child in need of supervision, or a neglected or dependent child and the reasons upon which such belief is based;

          (4) State the address or legal description of the place to be searched;

          (5) State the reasons why it is necessary to proceed pursuant to this Section instead of proceeding by issuance of a summons.

          (1) He has committed an act which would be a major crime, misdemeanor, or Tribal ordinance violation if committed by an adult; except that wildlife, parks, outdoor recreation, and traffic violations shall be handled as otherwise provided by law;

          (2) He is abandoned, lost, or seriously endangered in his surroundings or seriously endangers others and immediate removal appears to be necessary for his protection or the protection of others; or

          (3) He has run away or escaped from his parents, guardian, or legal custodian.

          (4) He has violated the conditions of probation and he is under the continuing jurisdiction of the Juvenile Court.

          (1) When the Court finds that emergency medical, surgical, or dental treatment is required for a child in Tribal custody it may authorize such treatment or care if the parents, guardian, or legal custodian are not immediately available to give their consent or to show cause why such treatment should not be ordered. The power to consent to emergency medical care may be delegated by the Court to the agency or person having physical custody of the child pursuant to this Title or pursuant to court order.

          (2) After making a reasonable effort to obtain the consent of the parent, guardian, or other legal custodian, and after a hearing on notice the Court may authorize or consent to non emergency medical, surgical, or dental treatment or care for a child in Tribal custody.

          (1) The specific facts or allegations, including dates, which gave rise to the condition addressed by the contract.

          (2) The specific treatment programs the parents, guardian, or custodian agree to successfully complete the diversion.

          (3) The specific facts which the parents, guardian, or custodian agree to do or to refrain from doing.

          (4) The specific treatment or other social services to be offered by the Tribe and accepted by the family.

          (5) A fixed, limited time for the contract to run not exceeding one year.

          (6) That the Tribe will not file a petition on the subject of the contract for the facts or allegations stated if the parents, guardian, or custodian comply with the contract terms for the full term of the contract.

          (7) That each party has received a copy of the contract.

          (1) The Court has informed the child and his parents, guardian, or legal custodian of their rights to:

          (i) deny the allegations of the petition and require the Tribe to prove each allegation by admissible evidence.

          (ii) confront and cross-examine the witnesses against them and to calJ witnesses on their own behalf.

          (iii) refuse to testify against themselves or each other in delinquency cases.

          (iv) a trial by a jury of six persons at the adjudicatory state, where a jury trial is available.

          (v) be represented by counsel at their own expense at each stage of the proceedings, and, to the extent counsel is available at no fee, to have counsel appointed for them if they cannot afford private counsel.

          (vi) and the Court believed they understand their rights.

          (2) Written consent to the decree is obtained from the parents, guardian, or legal custodian and the child if of sufficient age and understanding. The consent given for a Consent Decree does not constitute an admission for purposes of adjudication.

          (3) The Tribal or Bureau of Indian Affairs Social Service Department has prepared a treatment plan for the family to be incorporated into the Consent Decree which distinctly states:

          (i) the specific treatment programs the parents, guardian, or custodian, or child agree to successfully complete and their duration.

          (ii) the specific treatment or other social services to be offered by the Tribe or the Bureau of Indian Affairs and accepted by the family.

          (iii) the specific acts which the parents, guardian, or custodian or child agree to do or to refrain from doing.

          (iv) the person or agency to be vested with custody of the child if the child cannot remain in its own home, the specific provisions of (i), (ii), and (iii) above which must be completed or accomplished for a specified duration before the child is returned to its own home, and the period of supervision of the child in its own home.