3-3-21. ARREST AND DETENTION OF CHILDREN.

1. A child may be taken into custody by any Police Officer or Probation Officer without Order of the Court in the following situations:
   1. When, in the presence of the Officer, the child has violated Tribal, State, Federal or local law or ordinance; and
   2. When there are reasonable grounds to believe that he has committed an act which, if committed by an adult, would be a felony, or an offense under the Rosebud Sioux Tribal Code; and there is reasonable cause to believe that such child, before a warrant or other Court Order can be obtained may:
      1. Flee the jurisdiction of the Court or conceal himself to avoid arrest;
      2. Destroy or conceal evidence of the commission of an offense; and/or
      3. Injure or annoy another person or damage property belonging to another.
   3. When he is seriously endangered by his surroundings, and immediate removal appears to be necessary for his protection;
   4. When there are reasonable grounds to believe that he has run away from his parents, guardian, or custodian.
2. Citizen’s Arrest of Child: A private citizen may take a child into custody if the circumstances are such that he could make a citizen’s arrest if an adult were involved. Taking child into custody under this Section shall not be deemed an arrest.
3. Notification of Parents-Release of Child: When an officer takes a child into custody, he shall immediately notify a parent or an adult person with whom the child lives if not the parent, or the custodian. Such notification shall be made by contacting the person(s) or custodian personally through the assistance of other officers or persons unless notification can be and is, in fact, made by phone. If a parent or custodian cannot, after due diligence, be found or contacted, then such notice shall be given to the nearest relative or to an adult person who is well acquainted with the child. The parent or person notified shall be told why the child has been taken into custody and where the child is being held. The child shall then be released to the care of his parents or other responsible adult unless his immediate welfare or the protection of the community requires that he be detained. Before the child is released, the parent or other person to whom the child is released may be required by the person holding the child to sign a written promise, on forms supplied by the Court, to bring the child to the Court at a time set by or to be set by the Court.
4. Detention of Child: A child shall not be detained by the Tribal Police or at the police station any longer than is necessary to obtain his name, age, residence, and other identifying information and to contact his parents, guardians, or custodian. If he is not thereupon released as provided in the preceding section, he must be taken without necessary delay to the Court or the Juvenile Center or shelter designated by the Court.
5. When it is absolutely necessary and in the best interest of a child and/or community for a youngster to be placed in the jail, prior authorization must be granted by the Judge: No child taken into custody shall be held in a detention facility or jail longer than forty-eight (48) hours, at which time the child may be released to the custody of his parents, guardian or legal custodian. If the child cannot be released to his parents, guardian or legal custodian, he shall be released to a representative of the Tribal Department of Social Services, or upon prior written or verbal approval of the court, a responsible adult. If the child is not released to his parents, guardian or legal custodian, the Court shall hold a detention hearing. No child under the age of twelve (12) years of age shall be detained in a jail, lock-up or other place used for the confinement of adult offenders or persons charged with a crime. The exception shall be used by the Court only if no other suitable place of confinement is available.
6. Detention-Report to Court: The Officer or other person who takes a child to a detention or shelter facility must notify the Court at the earliest opportunity that the child has been taken into custody and where he was taken. The Officer or other person shall also promptly file with the Court a brief written report stating the occurrences or facts which bring the child into the jurisdiction of the Tribal Juvenile Court and given the reasons by the child was not released.
7. Restriction on Detention: No child shall be placed or kept in a detention or shelter facility pending court proceedings unless, it is unsafe for the child or the public to leave him in custody of his parent(s), guardian, or custodian, or unless the Judge has reason to believe the child will not appear for his hearing.
8. Detention-Discretion of Judge: After immediate investigation by a duly authorized Officer of the Court, the Judge or other authorized Officer shall, upon written promise to bring the child to Court at a set time or without restriction, order the release of the child to his parent(s), guardian, or custodian, if it is found that he can be safely left in their care. If it is found that it is not safe to release the child, the Judge or authorized Officer may order that the child be held in the Juvenile Center or be placed in another appropriate facility, subject to further order of the Court.
9. The following Guidelines Shall be Maintained for Detention:
   1. During the working hours when a child is in need of detention placement the Court will hold an informal detention hearing to determine the need and appropriateness of such placement before placement occurs. If the Judge finds such placement to be appropriate under the guidelines as stated in Section 13G and 13H, an Order shall be issued for placement.
   2. When a child is placed at the Juvenile Detention Center during the night, on a weekend, or on a holiday, the Juvenile Judge will hold an informal hearing before the end of the next working day to determine the appropriateness of continued placement.
   3. No child shall be held in any Juvenile Detention Center for more than thirty (30) days unless a short term treatment plan has been developed and so ordered by the Court for a period not to exceed ninety (90) days from the date or original entry into the Center. Longer commitments to the Center are at the discretion of the Court, and will have as their focus, rehabilitation and reintegration into the community.
   4. No child under the age of twelve (12) years shall be confined to the Juvenile Detention Center and no juvenile over the age of eighteen (18) years shall be placed at the Center, except in exceptional situations and then only at the discretion of the Judge before placement.
   5. In situations where a juvenile is not being charged with a crime, but is in need of temporary placement, the Judge, in his discretion, may order placement at the Center if the juvenile is at least fourteen (14) years of age and for a period not to exceed thirty (30) days. In so doing, the Court shall also order the appropriate agency to develop plans for alternative living arrangements for the child and submit weekly progress reports to the Court.
10. Primary Consideration-Welfare of Child:
    1. In placing a child under the guardianship or legal custody of an institution, the Court shall give primary consideration to the welfare of the child, and whenever practical, may take into consideration the religious preferences of the child and his parent and shall consider the factors set forth in Section H and I preceding.
    2. No child found to come within jurisdiction of the Court shall be committed to, or placed in, an institution or facility established for the care and rehabilitation of delinquent children, unless such child is found delinquent for the commission of any act that would be a crime or offense if committed by an adult or unless said child has once before, within a period of six (6) months, been found to be within the jurisdiction of the Court.
11. Establishment of Conditions by the Court: In support of a decree under Section 13A of this Code, the Court may make an order setting forth reasonable conditions to be complied with by the parents, the child, his custodian, or other person who has been made a party to the proceedings, including but not limited to, restrictions on visitations by the parent(s), restrictions on the child’s associates, occupation, and other activities and requirements to be observed by the parent(s) or custodian.
12. Hospitalization of Child: With respect to a child within the jurisdiction of the Court, under this Section, the Court may order hospitalization in an authorized hospital if the Court finds, upon due notice to the parents or guardian and a special hearing conducted in accordance with any applicable laws and regulations, that the child is:
    1. Mentally ill;
    2. Because of his illness, likely to injure himself or others if allowed to remain at liberty, or is in need of custody, care or treatment in a mental hospital.
13. Commitment: The Court may make an order committing a child within its jurisdiction to an authorized agency if the child has been found mentally deficient in accordance with applicable laws and regulations.
14. Termination of Parental Rights: The Court may terminate all parental rights whether it be voluntary or involuntary.
15. Other Disposition of Cases: The Court may make any other reasonable Orders which are the best interests of the child or are required for the protection of the public, except that no child may be committed to prison; nor any child under sixteen (16) years of age, to jail upon adjudication under this Code. The Court may combine several of the above-listed modes of disposition where they are compatible.
16. Review of Cases: An Order under this Chapter for the placement of a child with an individual or an agency shall include a date set for review of the case by the Court with a new date to be set upon each review. As a guide, when extended custody is maintained over juveniles, reviews should be submitted to the Court at least every three (3) months.