3-3-22. DISPOSITION OF CASES.

  1. When a child is found to come within the provisions of 3-1-4 of this Code, the Court shall so adjudicate and make findings of facts upon which it bases its jurisdiction over the child and shall enter its decree. Upon such adjudication, the Court may make the following dispositions by Court Order:
    1. Place the child on probation or under protective supervision in his own home upon conditions determined by the Court;
    2. Place the child in the legal custody of a relative or suitable person with or without probation or protective supervision;
    3. Vest placement rights over the child in the Rosebud Sioux Tribal Court, BIA Social Services or a child placement agency as defined therein, for placement in a foster home or other facility, not including the South Dakota Training School or any similar institutions;
    4. Commit the child to an authorized Government boarding school, or training or corrective institutions authorized to receive Indian children, except that a child found to come within the Court’s jurisdiction solely on the grounds of neglect or dependency under this Code may not be committed to any school or similar institution with or without the State except for reasons of delinquency and/or status offenses;
    5. The Court may commit the child to an institution or facility for short-term confinement, for the purpose of evaluation, in accordance with accepted standards for the care and treatment of delinquent children;
    6. Place the child in an approved Indian Boarding School, on a ranch, a forestry camp, or other camp or similar facility, for the care and for work, if possible, provided that the person, agency or association operating the facility has been approved by the Tribal Judge or has complied otherwise with all applicable Tribal laws;
    7. If the Court has assurance that the responsibility to make payments will rest on the child, and not his parent(s), guardian, or custodian, in order that the child be required to make restitution for damages and loss caused by this wrongful act and may impose fines at its discretion;
    8. Arrange for employment or work programs, to enable children to fulfill their obligations under Section, or for other purposes which are deemed desirable by the Court;
    9. In cases of violations of traffic laws or ordinances, the Court may, in addition to any other disposition, restrain the child from driving for such period of time as the Court deems necessary and may take possession of the child’s driver’s license;
    10. Order that the child be examined or treated by a physician, surgeon, or psychologist, or that he receives other special care, and for such purposes may place the child in a hospital or other suitable facility;
    11. Appoint a guardian for the child where it appears necessary to do so in the interests of the child, and may appoint a public or private institution or agency in which placement of the child is vested, as such guardian.
  2. Review of Cases:
    1. The period for review of cases shall be no longer than six (6) months.
    2. In any case where a child has been referred to a licensed social services agency for adoptive placement and has not been placed within a one (1) year period of time, the Court may transfer placement rights to another agency.
    3. In any case situations where paternal rights have not been terminated and a child continues under the care of a social services agency, that agency will be required to submit, at least every three (3) months, or at times specified by the Court, a report indicating that services have been offered to the child’s family and describing the reasons for continued placement.
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