ERIC Number: ED154967
Record Type: RIE
Publication Date: 1976
Reference Count: N/A
Model Children's Code.
New Mexico Univ., Albuquerque. American Indian Law Center.
The Model Children's Code was developed to provide a legally correct model code that American Indian tribes can use to enact children's codes that fulfill their legal, cultural and economic needs. Code sections cover the court system, jurisdiction, juvenile offender procedures, minor-in-need-of-care, and termination. Almost every Code section is supplemented with a commentary. Each comment section is divided into three subsections: law--reviews laws arising under the Indian Civil Rights Act that must be complied with by every tribe and cannot be omitted from the Code; purpose--reviews the section content and reasons for inclusion, and gives assistance in proper interpretation; and cross-reference--refers the reader to other Code sections that provide helpful information. Comment sections entitled "Law in State and Federal Courts" include only the law that is legally binding on state and Federal courts; "the law is not legally binding on tribal courts". These should not be confused with cases arising under the Indian Civil Rights Act which "are binding on tribal courts". Topics covered include: establishment, powers, duties, and authority of courts; children's court counselor, presenting officer, and guardian ad litem; original jurisdiction; transfer to adult tribal court; complaints, warrants, and custody; detention and shelter care; preliminary inquiry; investigation by the children's court counselor; the various hearings; pre-termination report and other reports. (NQ)
Descriptors: American Indians, Child Advocacy, Civil Liberties, Codification, Court Litigation, Court Role, Due Process, Equal Protection, Federal Courts, Grievance Procedures, Hearings, Individual Power, Juvenile Courts, Law Enforcement, Laws, Legal Education, Self Determination, Tribes
American Indian Law Center, University of New Mexico School of Law, 1117 Stanford, N.E., Albuquerque, New Mexico 87131 ($5.00)
Publication Type: Guides - General
Education Level: N/A
Authoring Institution: New Mexico Univ., Albuquerque. American Indian Law Center.