Section 6.4802. Procedures.
The Court by rule
provides a flexible procedure for a criminal proceeding involving an accused who
is a minor, including:
(1) report by a welfare or probation officer in advance of trial;
(2) detention, when necessary, apart from adult offenders;
(3) an informal hearing in closed session; and
(4) interrogation of parent or guardian and release in his custody if appropriate.
A criminal proceeding involving a minor occurs in accordance with this chapter and rule, except that the Court may treat an offender over the age of sixteen in all respects as an adult if the Court determines that his physical and mental maturity justify.
Section 6.4803. Finding of delinquency.
A Court finding that a
person is a delinquent child does not constitute a criminal
conviction.
Section 6.4804. Contributing to delinquency.
If in a
juvenile delinquency proceeding the Court finds that a person is encouraging, causing,
or contributing to an act or condition which results in an adjudication of
the delinquency of a child, the Court may require the person to come before it,
and after hearing, order the person to perform a duty owed by the person to
the child, or refrain from doing anything inconsistent with a duty, and, upon
the person's failure to comply with the order, proceed against him for criminal or
civil contempt.
An adjudication or order
in a juvenile delinquency proceeding is subject to appeal as in civil actions,
without the payment of the filing fee.
Section 6.4806. Confinement.
The court may order the
confinement of a delinquent child in a place, under conditions, and for a period
not exceeding the period of confinement provided by law for the offense which
the Court determines are in the delinquent child's best
interests.
Section 6.4807. Liability
of parent for act of child.
(1) A parent or guardian having custody of a minor has the duty to control the minor and has the power to exercise parental control and authority over the minor. If the Court finds at a hearing that a parent or guardian having custody of a minor has failed or neglected to subject him to reasonable parental control and authority, and that the failure or neglect is the proximate cause of the minor's act upon which the Court based a finding of delinquency, the Court may require the parent or guardian to enter into a recognizance with sufficient surety, in an amount which the Court finds reasonable, conditioned upon the faithful discharge of the conditions of probation of the minor.
(2) If the child commits a subsequent act for which the Court finds him delinquent, or violates a condition of probation and the Court finds at a hearing that the failure or neglect of the parent or guardian to subject him to reasonable parental control and authority or to faithfully discharge a condition of the minor's probation is the proximate cause of the minor's act upon which the Court bases the subsequent finding of delinquency, or by which the minor violated a conditions of probation, the Court may order application of the recognizance in payment of damage caused by the minor, for payment into the Treasury.
(3) A parent or guardian having the power to exercise parental control over a minor shall be liable for any fine and/or for any damage award imposed on the minor for the commission of a motor vehicle offense described in Kosrae State Code Title 13, Chapter 7. The Court may enforce this liability as it would any monetary judgment.
Background
Subsection (3) was added by State Law
7-14
Section 6.4808. Juvenile traffic offenders.
Juvenile traffic offenders shall be subject to citation and prosecution for the commission of any motor vehicle offense described in Kosrae State Code, Title 13, Chapter 7,
to the same extent as an adult. The Court shall treat juvenile traffic
offenders in all respects as an adult.
Background
Added by State Law 7-14.
