GNC.5.3.020 Habitual Truancy

(a) If the Tribal Court determines that a person is truant, the Tribal Court may order one or more of the following dispositions:

(1) An order for the person to attend school.

(2) An order for the person to attend an education program as prescribed by the Tribal Court.

(3) An order for the person to participate in counseling or a supervised work program or other community service as deemed appropriate by the Tribal Court. The cost of any such counseling, supervised work program or other community service work may be assessed against the person, the caregivers, the parents or the guardian, or both.

(4) An order placing the person under formal or informal supervision of a tribal agency, program, department or a suitable adult, under conditions prescribed by the Tribal Court and subject to the limitations of placement, if necessary, as prescribed in Chapter DMR.1 – Children's Code.

(5) A forfeiture of not more than $100.00 plus costs, for a first violation, or a forfeiture of not more than $500.00 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to the limitation that such fines may be levied only against a juvenile of twelve (12) years of age or older and subject to a maximum cumulative forfeiture amount of not more than $500.00 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardians or the person, or both. An order for the person's parent, caregiver, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.

(6) Notification of the truancy to any jurisdiction or agency issuing licensing of any nature to the person, including but not limited to, the Wisconsin Department of Transportation. The Tribal Court may present to the licensing agency, a recommendation of a suspension of privileges licensed, including the case of any license to operate a motor vehicle, or obtain a license to so operate, the suspension of privileges granted by Wisconsin Statue §§ 343.05(2)(a)(2 or (4)(b)(1) or comparable provisions in any other jurisdiction.

(7) Refer the habitually truant person who continues to be truant to the Sawyer County District Attorney for delinquency charges pursuant to Wis. Stat. §938.12. Filing information on a person does not preclude concurrent prosecution of the person's parent or guardian for failure to cause a person to attend school.

(8) Refer the person to the LCO Indian Child Welfare Department to evaluate and determine whether familial problems may be the cause of the person's truancy and or make appropriate referrals necessary.

(9) Any other reasonable conditions consistent with this ordinance, including a curfew, restrictions as to going to or remaining on specified premises and restrictions for associating with other persons and adults.