25 C.F.R. Subpart I—Children's Court
Title 25 - Indians
For purposes of sections pertaining to the children's court: (a) Abandon means the leaving of a minor without communication or failing to support a minor for a period of one year or more with no indication of the parents' willingness to assume a parental role. (b) Adult means a person eighteen (18) years or older. (c) Counsel means an attorney admitted to the bar of a state or the District of Columbia or a lay advocate admitted to practice before the Court of Indian Offenses. (d) Custodian means one who has physical custody of a minor and who is providing food, shelter and supervision to the minor. (e) Custody means the power to control the day-to-day activities of the minor. (f) Delinquent act means an act which, if committed by an adult, would be designated a crime under this part or under an ordinance of the tribe. (g) Detention means the placement of a minor in a physically restrictive facility. (h) Guardian means a person other than the minor's parent who is by law responsible for the care of the minor. (i) Guardian ad Litem means a person appointed by the court to represent the minor's interests before the court. (j) Juvenile offender means a person who commits a delinquent act prior to his or her eighteenth birthday. (k) Minor means: (1) A person under 18 years of age, (2) A person 18 years of age or older concerning whom proceedings are commenced in the children's court prior to his or her eighteenth birthday, or (3) A person 18 years of age or older who is under the continuing jurisdiction of the children's court. (l) Minor-in-need-of-care means a minor who: (1) Has no parent or guardian available and willing to take care of him or her; (2) Is unwilling to allow his or her parent or guardian to take care of him or her; (3) Has suffered or is likely to suffer a physical or emotional injury, inflicted by other than accidental means, which causes or creates a substantial risk of death, disfigurement, impairment of bodily functions or emotional health; (4) Has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his or her parent, guardian or custodian; (5) Has been sexually abused; (6) Has been committing delinquent acts as a result of parental pressure, guidance or approval; or, (7) Has been committing status offenses. (m) Status offense means an offense which, if committed by an adult, would not be designated a crime under this part or under an ordinance of the tribe. When conducting proceedings under §§11.900–11.1114 of this part, the Court of Indian Offenses shall be known as the “Children's Court”. No adjudication upon the status of any minor in the jurisdiction of the children's court shall be deemed criminal or be deemed a conviction of a crime, unless the children's court refers the matter to the Court of Indian Offenses. Neither the disposition nor evidence given before the children's court shall be admissible as evidence against the child in any proceeding in another court. (a) The agency superintendent and the chief magistrate of the children's court shall jointly appoint a presenting officer to carry out the duties and responsibilities set forth under §§11.900–11.1114 of this part. The presenting officer's qualifications shall be the same as the qualifications for the official who acts as prosecutor for the Court of Indian Offenses. The presenting officer may be the same person who acts as prosecutor in the Court of Indian Offenses. (b) The presenting officer shall represent the tribe in all proceedings under §§11.900–11.1114 of this part. The children's court, under any proceeding authorized by this part, shall appoint, for the purposes of the proceeding, a guardian ad litem for a minor, where the court finds that the minor does not have a natural or adoptive parent, guardian or custodian willing and able to exercise effective guardianship, or where the parent, guardian, or custodian has been accused of abusing or neglecting the minor. The children's court has exclusive, original jurisdiction of the following proceedings: (a) Proceedings in which a minor who resides in a community for which the court is established is alleged to be a juvenile offender, unless the children's court transfers jurisdiction to the Court of Indian Offenses pursuant to §11.907 of this part. (b) Proceedings in which a minor who resides in a community for which the court is established is alleged to be a minor-in-need-of-care. (a) In all hearings and proceedings under §§11.900–11.1114 of this part the following rights will be observed unless modified by the particular section describing a hearing or proceeding: (1) Notice of the hearing or proceeding shall be given the minor, his or her parents, guardian or custodian and their counsel. The notice shall be delivered by certified mail. The notice shall contain: (i) The name of the court; (ii) The title of the proceeding; and (iii) The date, time and place of the proceeding. (b) The children's court magistrate shall inform the minor and his or her parents, guardian or custodian of their right to retain counsel, and, in juvenile delinquency proceedings, shall tell them: “You have a right to have a lawyer or other person represent you at this proceeding. If you cannot afford to hire counsel, the court will appoint counsel for you.” (c) If the children's court magistrate believes there is a potential conflict of interest between the minor and his or her parents, guardian, or custodian with respect to legal representation, the court shall appoint another person to act as counsel for the minor. (d) The minor need not be a witness against, nor otherwise incriminate, himself or herself. (e) The children's court shall give the minor, and the minor's parent, guardian or custodian the opportunity to introduce evidence, to be heard on their own behalf and to examine witnesses. (a) The presenting officer or the minor may file a petition requesting the children's court to transfer the minor to the Court of Indian Offenses if the minor is 14 years of age or older and is alleged to have committed an act that would have been considered a crime if committed by an adult. (b) The children's court shall conduct a hearing to determine whether jurisdiction of the minor should be transferred to the Court of Indian Offenses. (1) The transfer hearing shall be held no more than 30 days after the petition is filed. (2) Written notice of the transfer hearing shall be given to the minor and the minor's parents, guardian or custodian at least 72 hours prior to the hearing. (c) All the rights listed in §11.906 shall be afforded the parties at the transfer hearing. (d) The following factors shall be considered when determining whether to transfer jurisdiction of the minor to the Court of Indian Offenses: (1) The nature and seriousness of the offense with which the minor is charged. (2) The nature and condition of the minor, as evidenced by his or her age; mental and physical condition; past record of offenses; and responses to past children's court efforts at rehabilitation. (e) The children's court may transfer jurisdiction of the minor to the Court of Indian Offenses if the children's court finds clear and convincing evidence that both of the following circumstances exist: (1) There are no reasonable prospects for rehabilitating the minor through resources available to the children's court; and (2) The offense allegedly committed by the minor evidences a pattern of conduct which constitutes a substantial danger to the public. (f) When a minor is transferred to the Court of Indian Offenses, the children's court shall issue a written transfer order containing reasons for its order. The transfer order constitutes a final order for purposes of appeal. (a) A record of all hearings under §§11.900–11.1114 of this part shall be made and preserved. (b) All children's court records shall be confidential and shall not be open to inspection to anyone but the minor, the minor's parents or guardian, the presenting officer, or others by order of the children's court. (a) Law enforcement records and files concerning a minor shall be kept separate from the records and files of adults. (b) All law enforcement records and files shall be confidential and shall not be open to inspection to anyone but the minor, the minor's parents or guardian, the presenting officer, or others by order of the children's court. When a minor who has been the subject of any proceeding before the children's court attains his or her twenty-first birthday, the children's court magistrate shall order the court records and the law enforcement records pertaining to the minor to be destroyed, except for adoption records which shall not be destroyed under any circumstances. (a) For purposes of appeal, a record of the proceedings shall be made available to the minor and parents, guardian or custodian. Costs of obtaining the record shall be paid by the party seeking the appeal. (b) Any party to a children's court hearing may appeal a final order or disposition of the case by filing a written notice of appeal with the children's court within 30 days of the final order of disposition. (c) No decree or disposition of a hearing shall be stayed by such appeal. (d) All appeals shall be conducted in accordance with this part. Any willful disobedience or interference with any order of the children's court constitutes contempt of court which may be punished in accordance with this part.
Title 25: Indians
PART 11—LAW AND ORDER ON INDIAN RESERVATIONS
Subpart I—Children's Court
§ 11.900 Definitions.
§ 11.901 The children's court established.
§ 11.902 Non-criminal proceedings.
§ 11.903 Presenting officer.
§ 11.904 Guardian ad litem.
§ 11.905 Jurisdiction.
§ 11.906 Rights of parties.
§ 11.907 Transfer to Court of Indian Offenses.
§ 11.908 Court records.
§ 11.909 Law enforcement records.
§ 11.910 Expungement.
§ 11.911 Appeal.
§ 11.912 Contempt of court.
