Home | Databases | WorldLII | Search | Feedback Federated States of Micronesia Consolidated Legislation - Revised Code 1999

Juveniles [Title 12

LAWS OF THE FEDERATED STATES OF MICRONESIA

Title 12. CRIMINAL PROCEDURE

CHAPTER 10
(Repealed by PL 5-.22 § 1)

CHAPTER 11

Juveniles

Sections:

§ 1101. Adoption of flexible procedures by courts.
§ 1102. Delinquent child defined.
§ 1103. Conduct of proceedings; Delinquency not a crime.
§ 1104. Proceedings-Where brought.
§ 1105. Confinement.
§ 1106. Orders regarding persons encouraging, causing, or contributing to delinquency; Appeals.
§ 1107. Liability of parents for acts of delinquent child.

----------------------

§ 1101. Adoption of flexible procedures by courts.

(1) In cases involving offenders under the age of 18 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:

(a) report by a welfare or probation officer in advance of trial;

(b) detention, where necessary, apart from adult offenders;

(c) hearing informally in closed session;

(d) interrogation of parents or guardians and release in their custody if appropriate.

(2) An offender 16 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: FSM Code (1982).

Annotations

The National Criminal Code places exclusive jurisdiction in the National courts over allegations of violations of the Code and makes no exception to that jurisdiction for crimes committed by juveniles. FSM v Albert, 1 FSM Intrm 14, 15 (Pon 1981).

If a provision of the juvenile code is in conflict with the National Criminal Code, the national criminal code constitutes an amendment or repeal of that provision, but the repeal is only to the extent of the inconsistency. FSM v Albert, 1 FSM Intrm 14, 16 (Pon 1981).

Section 1101 remains in effect, and coupled with the court's broad rule-making powers under Article Xl, Section 9 of the Constitution, calls for the court to institute special procedures for consideration of criminal charges against juveniles. FSM v Albert, 1 FSM Intrm 14, 17 (Pon 1981).

§ 1102. Delinquent child defined.

As used in this Title, "delinquent child" includes any child:

(1) who violates any 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 others.

Source: FSM Code (1982).

§ 1103. Conduct of proceedings; Delinquency not a crime.

Proceedings against a person under 18 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: FSM Code (1982).

§ 1104. Proceedings - 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 High Court.

Source: FSM Code (1982).

§ 1105. 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 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 Chapter.

Source: FSM Code (1982).

§ 1106. Orders regarding persons encouraging, causing, or contributing to delinquency; Appeals.

(1) In any juvenile delinquency proceeding, if it is found by the court that any person is 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: FSM Code (1982).

§ 1107. Liability of parents for acts of delinquent child.

(1) A parent or guardian having custody of a child is charged with the control of such child and shall have the power to exercise parental control and authority over such child.

(2) In any case where a child is found delinquent and placed on probation, if the court finds at the hearing that the parent or guardian having custody of such child has failed or neglected to subject him to reasonable parental control and authority, and that such failure or neglect is the proximate cause of the act or acts of the child upon which the finding of delinquency is based, the court may require such parent to enter into a recognizance with sufficient surety, in an amount of not more than $100, conditioned upon the faithful discharge of the conditions of probation of such child.

(3) If the child thereafter commits a second act and is by reason thereof found delinquent, or violates the conditions of probation, and the court finds at the hearing that the failure or neglect of such parent to subject him to reasonable parental control and authority, or to faithfully discharge the conditions of probation of such child on the part of such parent is the proximate cause of the act or acts of the child upon which such second finding of delinquency is based, or upon which such child is found to have violated the conditions of his probation, the court may declare all or a part of the recognizance forfeited and the amount of such forfeited recognizance shall be applied in payment of any damages; otherwise, the proceeds therefrom, or part remaining after the payment of damages as aforesaid, shall be paid into the district treasury.

Source: FSM Code (1982).

-----------------------------------