DRAFT CSC, Title 23.  Family Law
 
CHAPTER 11
Juveniles

1801.  Adoption of flexible procedures by courts.
1802.  "Delinquent child" defined.
1803.  Proceedings; conduct generally; delinquency not a crime.
1804.  Same; where brought.
1805.  Orders for persons encouraging, causing or contributing to delinquency; appeals.
1806.  Confinement.

      1801.  Adoption of flexible procedures by courts.
     In cases involving offenders under the age of 18 eighteen years, courts shall adopt a flexible procedure based on the accepted practices of juvenile courts of the United States, including insofar as possible the following measures:

     (1)  Report by a welfare of probation officer in advance of trial;

     (2)  Detention, where necessary, apart from adult offenders;

     (3)  Hearing informally in closed session;

     (4)  Interrogation of parents or guardians and release in their custody if appropriate.

     An offender 16 sixteen years of age or over may, however, be treated in all respects as an adult if in the opinion of the court his physical and mental maturity so justifies.

Source:  (TT Code 1966, 495.)  15 TTC 1.

      1802.  "Delinquent child" defined.
     As used in this title, "delinquent child" includes any child:

     (1)  Who violates any Chuuk State Trust Territory or district law, except that a child who violates any traffic law or regulation shall be designated as a "juvenile traffic offender" and shall not be designated as a delinquent unless it be so ordered by the court after hearing the evidence; or

     (2)  Who does not subject himself to the reasonable control of his parents, teachers, guardian, or custodian, by reason of being wayward or habitually disobedient; or

     (3)  Who is a habitual truant from home or school; or

     (4)  Who deports himself so as to injure or endanger the morals or health of himself or other.

Source:  (TT Code 1966, 437.)  15 TTC 2, modified.

      1803.  Proceedings; conduct generally; delinquency not a crime.
     Proceedings against a person under 18 eighteen years of age as a delinquent child shall be conducted in accordance with the provisions of this Chapter, and an adjudication that a person is a delinquent child shall not constitute a criminal conviction.

Source:  (TT Code 1966, 432 (part).)  15 TTC 3.

      1804.  Same; where brought.
     Proceedings against a person as a delinquent child may be brought in the trial division of the high court, or in the district or community court having jurisdiction over the place where the delinquency or any part of it occurred, except that if the acts charged may legally constitute murder or rape of which the person is not conclusively presumed to be incapable by law, the proceedings shall be brought only in the trial division of the Chuuk State Supreme Court high court.

Source:  (TT Code 1966, 432, second paragraph.)  15 TTC 4, modified.

      1805.  Orders for persons encouraging, causing or contributing to delinquency; appeals.

     (1)  In any juvenile delinquency proceeding, if it is found by the court that any person in encouraging, causing, or contributing to acts or conditions which result in an adjudication of the delinquency of a child, the court may require such person to be brought before the court and, after hearing, may order such person to do any specific thing which falls within the duty owed by such person to the child, or refrain from doing any specific act inconsistent with that duty, and, upon the failure of such person to comply with the order of the court, he may be proceeded against for criminal or civil contempt of court.

     (2)  An adjudication in juvenile delinquency proceedings and all orders in connection with such adjudication shall be subject to appeal as in civil actions, except that  no filing fees shall be required.

Source:  (TT Code 1966, 438.)  15 TTC 5.

      1806.  Confinement.
     A person adjudged to be a delinquent child may be confined in such place, under such conditions, and for such period as the court, deems in the best interests of the child require, not exceeding the period for which he might have been confined if he were not treated as a "juvenile offender" under this title.
 
Source:  (TT Code 1966, 432 (part).)  15 TTC 6, modified.