Statutes | 10 GTBC ยง 402 | 2020
(a) For purposes of this Code, the following definitions shall apply:
(1) Adult--A person eighteen (18) years of age or older.
(2) Advocate--A lay person permitted to represent a juvenile offender by the Tribal Court who has received training provided by the Tribal Court.
(3) Complaint--A formal or informal report to the prosecuting attorney containing allegations indicating that a juvenile under the jurisdiction of the Tribal Court has committed a delinquent act.
(4) Counsel--An attorney licensed by any state to practice law who, as an officer of the Court, provides legal assistance to any party during the course of any proceeding under this Code.
(5) Custodian--One who has physical custody of a juvenile and is providing food, shelter, and supervision to that minor.
(6) Delinquent Act--Any act or omission by a juvenile included in the following: (1) a violation of the Grand Traverse Band Criminal Code (2) failure to follow the lawful commands of parent(s), guardians, custodians, teachers, and administrators (3) truancy as defined by the juveniles school or (4) any act or omission causing physical, mental, or emotional harm or the probability of causing physical, mental, or emotional harm to himself, herself, or others.
(7) Detention--The placement of a juvenile in a physically restrictive facility.
(8) Guardian--A person other than the juveniles parent, appointed by a court of competent jurisdiction, who is legally responsible for that juvenile.
(9) Juvenile--A person under eighteen (18) years of age. The prosecutor shall have the discretion to charge any juvenile seventeen (17) years of age as an adult.
(10) Juvenile Offender--A person who commits a delinquent act prior to his or her eighteenth (18th) birthday.
(11) Least Restrictive Alternative--Restrictions placed on the juvenile must be reasonably related to the Courts objective of correcting the delinquent behavior, and must be the least intrusive manner of achieving that objective.
(12) Notice--The method by which the Court informs the parties, counsel, and others of the time, and place of proceedings to be conducted by the Court.
(13) Petition--The instrument, which commences proceedings in the Court.
(14) Summons--The instrument with which the Court directs a party to appear before the Court.
(15) Tribal Land--Land held in trust for the benefit of the Tribe by the United States any land in which the Tribe has a beneficial ownership interest, and all lands designated as Indian Country in 18 U.S.C. 1151.
History: Juvenile Code, adopted by Tribal Council in Special Session on January 13, 1999 as amended by Tribal Council October 1, 1999 and by Tribal Council motion, enacted December 20, 2017.