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Hopi Indian Tribe, Law and Order Code

Last updated: 1991

THE HOPI CHILDREN'S CODE

CHAPTER I - DEFINITIONS

When used in this Code, the following words and phrases shall have the meanings given below:

  1. Abandon: When a parent leaves a child without communication and fails to support a child and there is no indication of the parent's willingness to assume his parental responsibilities for a period exceeding one (1) year.
  2. Abused Minor: A minor who has been inflicted with physical injury, sexual or mental harm; and/or who is exploited and overworked to such an extent that his health, morals and/or emotional well-being are endangered.
  3. Actual Hours: The number of hours including the hours of Saturdays, Sundays and
  4. holidays. See Chapter II.D.
  5. Adjudication: A finding by the Children's Court on the facts alleged in the petition or complaint and incorporated in a decree.
  6. Adult: Any person eighteen (18) years of age or older.
  7. Agent for Notice: A person designated by the Tribe to receive notice from a state on minor-in-need-of-care cases.
  8. Aggrieved Party: Includes the minor and his parent, guardian, custodian or family member whose rights or interests have been affected by an adjudication.
  9. Calendar Days: The number of days including Saturday, Sundays and holidays. See Chapter II.D.
  10. Child: Any person who has not yet reached his or her eighteenth (18) birthday.
  11. Child Placement Agency: An agency receiving minors for placement or adoption that is licensed or approved where such license or approval is required by law.
  12. Child Protective Services: The program within Hopi Tribal Social Services which, in cases of child abuse or neglect and in other minor-in-need-of-care situations, makes initial assessments, conducts investigations with assistance from law enforcement as necessary, provides social services to abused or neglected children and their families, and performs other related duties.
  13. Commit: To transfer legal custody.
  14. Delinquent Act: Any act which would be a crime under Hopi Tribal law if committed by an adult, or any act which is defined as an offense if committed by a child.
  15. Deprivation of Custody: Transfer of legal custody by the Children's Court from a parent or previous legal custodian to another person, agency or institution.
  16. Detention: Temporary care in physically restricting facilities.
  17. Extended Family : Ascending blood relationship to the child. Clan relationship may be considered should blood relationship be exhausted prior to placement.
  18. Guardian: Means a guardian of the person and not a guardian of the property or estate.
  19. Hopi: A member of the Hopi Tribe.
  20. Indian: For purposes of this Code shall include a member of the Hopi Tribe or any other federally recognized Indian Tribe, band, group or community or the natural child of any Indian, regardless of age; and any person of Indian descent on the Reservation.
  21. Juvenile Offender: A minor who commits a delinquent act.
  22. Juvenile Intake Officer: The court official who screen minors subsequent to arrest.
  23. Kikmongwi: The recognized leader of a village, who exercises authorities and responsibilities as reserved to the villages by the Constitution and By-Laws of the Hopi Tribe.
  24. Minor: Any person who has not yet reached his or her eighteenth (18) birthday.
  25. Parent: A natural or adoptive parent but not a person whose parental rights have been terminated.
  26. Presenting Officer: A court official who represents the Hopi Tribe in minor-in-need-of-care proceedings under this Code. The duties and responsibilities of the presenting officer may be delegated to the tribal prosecutor.
  27. Probable Cause: Circumstances that are sufficient to convince a reasonable person that a juvenile has committed or is committing delinquent act or is a minor-in-need-of-care.
  28. Probation: A legal status created by court order. When on probation, a minor is permitted to remain in his home under prescribed conditions under supervision by a Probation officer designated by the court. The minor is subject to return to the Court or further proceedings if he violates the conditions of his probation.
  29. Protective Supervision: A legal status created by court order in a proceedings not involving a delinquent act by the minor whereby the minor is permitted to remain in his home, and supervision and assistance to correct the need of supervision or need of care is provided by a Child Protective Services or other person designated by the Children's Court.
  30. Reservation: The Hopi Indian Reservation including: Land Management District No. 6; the lands in the former Joint Use Area of the 1892 Executive Order Reservation Partitioned to the Hopi Tribe; the village of Moenkopi and the surrounding range and arm lands used or occupied by the Hopi Indians; plus all lands in the reservation created by the Act of June 14, (48 Stat. 960) in which the Hopi Tribe is determined to have any joint or exclusive interest and all lands in said reservation area which may be partitioned to the Hopi Tribe.
  31. Shelter Care: Temporary care in physically unrestrictive facilities.
  32. Support: Adequate shelter, food, clothing, medical care and provision of appropriate religious and Hopi cultural training.
  33. Termination of Parental Rights: Permanent elimination of all parental rights and duties of a person including residual parental right and duties by court order.
  34. Village Governor: An elected leader of a village who exercises authorities and responsibilities as reserved to the village through the village government and the Constitution and By-Laws of the Hopi Tribe.

CHAPTER II - GENERAL

A. Purpose

It is the purpose of the Hopi Children's Code to:

1. preserve the unity of the family;

2. provide for the full consideration of religious and traditional preferences and practices of families during the disposition of a matter;

3. provide for the care, protection, mental and physical development of the children of the Hopi Tribe;

4. ensure that a program of supervision, care and rehabilitation will be available to those children who come within the provisions of the Code;

5. achieve the foregoing purposes in a family environment whenever possible separating the minor from his parent(s) only when no alternative disposition is suitable to the child's welfare or in the trial interest of public safety; and

6. provide fair procedures for enforcing this Code that recognize and protect the rights of the parties.

This Code shall be interpreted and construed to carry out the above purposes.

B. Rights

This subsection shall apply to the minor, his parent(s), guardian or custodian, and any adult appearing as a defendant.

1. Right to Counsel:

a. Statement of Rights: The Children's Court shall inform the individual of their right to retain counsel by telling them: "you have the right to have a lawyer or another person represent you at this hearing. However, you or your family must pay any fees for such representation. "

b. Appearance Without Counsel: If the individual appears at the hearing without counsel, the children's court judge shall continue the proceedings if they need additional time to seek counsel.

c. Inability to Pay Counsel: If the individual is unable to pay for counsel, the Children's Court shall inform them of any available services that provide representation.

2. Self-incrimination: The individual need not be witness against nor otherwise incriminate himself.

3. Cross Examination Evidence: The Children's Court shall give the individual, his counsel or person he has selected to represent him the opportunity to introduce evidence, to be heard on their own behalf, and to examine witnesses.

C. Hearing Notices and Summonses

1: Information: In addition to other relevant information, hearing notices and summonses

shall include:

a. the name of the court;

b. the title of the proceedings; and

c. the date, time and place of the proceedings.

2. Service: Hearing notices and summonses shall be delivered in person by a law enforcement officer, an appointee of the Children's Court, or by registered mail return receipt requested, if time allows.

D. Time Periods

Unless otherwise noted, time periods are excluding Saturdays, Sundays and holidays, and/or hours thereof.

CHAPTER III - THE CHILDREN'S COURT

  1. Purpose
  2. The Children's Court is established to carry out court proceedings related to minors.

  3. Officers

The following persons are officers of the Children's Court:

1. Judges: The chief judge of the Hopi Tribal Court shall assign one or more judges to hear

cases in the Children s Court. In carrying out responsibilities identified in this Code judges of the Children's Court shall have the same powers and duties as judges of the Hopi Tribal Court.

2. Juvenile Intake Officer: The intake officer shall have the duty to:

    1. screen minors after an arrest to determine eligibility for diversion or the necessity for detention based upon developed intake criteria;
    2. submit intake reports to the presenting officer, juvenile probation officer and police department;
    3. follow up on notification of the minor's parent(s), guardian or custodian;
    4. keep written records of all reports, investigations and-recommendations;
    5. work in conjunction with the probation officer to provide for the diversion of a juvenile offender if the offense does not warrant formal adjudication;
    6. make reports to the Children's Court as provided in this Code; and
    7. perform such other duties as the Children's Court may require.

3. Juvenile Probation Officer: The probation officer shall have the following duties in all juvenile offender proceedings:

    1. make preliminary inquiries, social summaries and such other investigations as the Children's Court may direct;
    2. keep written records of all investigations or studies;
    3. make reports to the Children's Court as provided in this Code or as directed by the Children's Court;
    4. explain to the minor and his parent(s), guardian or custodian the meaning and conditions of probation and protective supervision upon placing of the minor on probation or under protective supervision;
    5. monitor the conduct and condition of each minor on probation or under protective supervision and report to the Children's Court; and
    6. perform such other duties in connection with the care, custody or transportation of minors as the Children's Court may require.

Probation Officers shall have the powers of law enforcement officers for the purpose of arrest for violations of probation or parole.

4. Presenting Officer: The presenting officer shall have the duty to:

    1. represent the Hopi Tribe in all minor-in-need-of-care proceedings and juvenile offender proceedings;
    2. process, sign, file and present petitions, subpoenas, affidavits, motions and papers of any kind to the Children's Court;
    3. keep written records of all investigations and studies;
    4. make reports to the Children's Court as provided in this Code or as directed by the Children's Court; and
    5. perform such other duties as the Children's Court may direct.

5. Law Enforcement Officers: Law enforcement officers shall be officers of the Children's Court.

6. Other Personnel: The Children's Court shall have a clerk, bailiff, agent for notice and an assistant judicial administrator.

C. Jurisdiction

1. General: The Children's Court shall exercise jurisdiction over:

a. all children's matters arising off the Hopi Reservation which are referred to under the Indian Child Welfare Act (25 U.S.C. 1901 et. seq.);

b. all minor-in-need-of-care matters arising on the Reservation which are not handled by the respective villages;

c. all juvenile offender cases arising on the Reservation;

d. all other matters specified in this Code involving children on the Reservation and placement made by the Children's Court off the Reservation.

2. Jurisdiction Over Juvenile Offenders: The Children's Court shall have exclusive and on final jurisdiction over proceedings in which an Indian minor is alleged to be a juvenile offender unless the Children's Court transfers jurisdiction to the Hopi Tribal Court pursuant to Chapter III.C.6 of this Code.

3. Jurisdiction Over Adults: The Children's Court shall exercise jurisdiction over adults as follows:

    1. In any criminal case occurring on the Reservation in which the victim is under eighteen (18) years of age and the person accused of the offense is an Indian eighteen (18) years of a e or older, the Trial Court may assign the case for trial and disposition b the Children's Court following the rules, procedures and penalties applicable to the Trial Court.
    2. In any case before the Children's Court, the Children's Court may exercise the jurisdiction over any adult, Indian or non-Indian within the Reservation to facilitate the handling of children's cases. Such jurisdiction includes but is not limited to the power to compel attendance at court or other proceedings related to the disposition of a child's case, or impose restrictions, conditions and requirements relating to the care, guardianship, custody and/or control of a child, and/or to punish the adult for contempt of court.
    3. Any off-reservation person or agency, whether Indian or non-Indian, as a precondition of obtaining or retaining the custody or guardianship of a child pursuant to this Code shall execute a consent form consenting to the jurisdiction of the Children's Court. Consent shall be approved by the chief judge of the Hopi Tribal Court for all matters arising from its relationship of the child during the time the matter is within the jurisdiction of or subject to an order of the Children's Court. It shall include consent to the personal jurisdiction of the Children's Court and shall be subject to written notices, summonses or other documents of the Children's Court mailed to the person or agency off the Reservation.
    4. A non-Indian residing or traveling upon the Hopi Reservation who disobeys a lawful order of the Children's Court may be subject to removal and exclusion from the Reservation in addition to any other penalties.

4. Village Jurisdiction: Article III, Section 2, of the Constitution and By-Laws of the Hopi Tribe reserve jurisdiction to the villages:

- to appoint guardians for orphan children and incompetent members; and

- to adjust family disputes and regulate family relations of members to the villages.

To facilitate the exercise of village jurisdiction, the procedures set forth below will be followed by the agent for notice and the Children's Court:

a. Notice From a State Court: When the Hopi Tribe receives notice of a case pending in a state court which involves a Hopi child, the agent for notice shall:

(1) request a time extension of twenty (20) days from the state court;

(2) notify the child's respective village governor, Kikmongwi or his delegate that the agent for notice has received notice from a state court regarding the child.

b. Content of Notice to Village: The notice to the village shall contain the name of the child, parent(s), the state court sending notice, the nature of case, the deadline for response to the agent for notice and the deadline for response to the state court.

The notice to the village shall also contain the following statement:

"The Hopi Children's Court does not have original jurisdiction over this matter pursuant to Article III, Section 2, of the Hopi Constitution. Your village may choose to handle this matter in the way traditional to your village; request the services and facilities of the Hopi Children's Court to assist you in your processing of this matter; or waive jurisdiction. The deadline for your reply stating the village decision is _________."

c. If Village Assumes jurisdiction: If the child's village assumes jurisdiction, the Children's Court personnel will cooperate with the village representative to extend court services including information concerning legal representation and processing of court documents.

The agent for notice shall file the village response in the state court, the Children's Court and in the village records.

If requested, the Children's Court shall prepare the village's response to the state court.

d. Membership in Village Not Clear: In the event that a minor's membership rights in a specific village are not clear, or two or more villages claim jurisdiction over the minor, the agent for notice shall request the Children's Court to assume temporary and/or concurrent jurisdiction and proceed pending resolution of the jurisdictional questions.

e. Village Does Not Assume jurisdiction: If the child's village does not assume jurisdiction or does not respond to the agent for notice by the given deadline, the agent for notice shall request the Children's Court to assume the right of concurrent jurisdiction and accept or refuse the case on its merits and shall respond to the state court accordingly.

f. Minor-In-Need-Of-Care and Adoption Matters: For all Indian minor-in-need-of-care and adoption matters arising within the 'jurisdiction of the Hopi Children's Court, the Children's Court shall notify the child's respective village to determine if the village wishes to exercise jurisdiction. If the Children's Court has reason to believe that the minor is in immediate danger from his surroundings, the Children's Court may assume temporary and/or concurrent jurisdiction on the basis of the emergency.

5. Termination of Jurisdiction: Jurisdiction obtained by the Children's Court over a minor is retained by the Children's Court until terminated by court order.

Jurisdiction over the subject matter and the minor is automatically terminated when the child reaches eighteen (18) years of age unless the Children's Court has ordered jurisdiction thereafter to continue until some other time not to exceed the child's twenty-first (21) birthday.

6. Transfer to Hopi Trial Court:

a. Petition: The presenting officer or the minor may file a petition requesting the Children's Court to transfer the minor to the Trial Court if the minor is sixteen (16) years of age or older and is alleged to have committed an act that would be a crime if committed by an adult.

b. Hearings: The Children's Court shall conduct a hearing to determine whether jurisdiction of the minor should be transferred to the Trial Court. The transfer hearing shall be held not more than ten (10) days after the petition is filed.

Written notice of the transfer hearing shall be given to the minor and the minor's parent(s), guardian or custodian at least five (5) days prior to the hearing.

c. Study and Report: Prior to the hearing, a study and report in writing shall be submitted to the Children's Court by the juvenile intake officer.

d. Criteria: In considering whether to transfer jurisdiction to the Hopi Trial Court, the Children's Court shall consider:

(1) the nature and seriousness of the offense with which the minor is charged; and

(2) the nature and condition of the minor as evidenced by his age, mental and physical condition, past record of offenses, and responses to the past Children's Court efforts of rehabilitation.

The Children's Court may transfer jurisdiction of the minor to Hopi Trial Court if the Children's Court finds clear and convincing evidence that:

(1) there are no reasonable prospects for rehabilitating the minor through resources available to the Children's Court; and

(2) the offense allegedly committed by the minor evidences a pattern of conduct which constitutes a substantial danger to the public.

e. Court Order: To transfer jurisdiction over a minor to the Hopi Trial Court, the Children's Court shall issue a written transfer order containing reasons for its order. The transfer order constitutes a final order for purposes of appeal.

f. Presiding Judge: When a minor is not transferred to the Hopi Trial Court, the judge who presided at the transfer hearing may preside at the adjudicatory hearing unless a motion has been filed to disqualify the judge and sustained by the Children s Court.

D. Procedures and Authorities

1. Court of Record: The Hopi Children's Court shall have a seal and shall be a court of record as provided below. All proceedings before the Children's Court, except criminal matters involving offenses against children by adults, shall be considered to be civil in nature. Juvenile offender proceedings shall provide appropriate procedural safeguards to the accused minor consistent with the handling of a criminal offense by an adult.

2. Due Process: All proceedings before the Children's Court shall be conducted with due process of law, giving affected persons reasonable notice and an opportunity to be heard before the court. No technical defect in any proceeding, including the times for giving notice, shall invalidate any action of the court unless there is a showing of actual prejudice and timely objection to the alleged defect.

3. Judge Sits Without Jury: All proceedings before the Children's Court shall be heard by the judge of the Children's Court sitting without a jury, except that for criminal cases involving offenses by an adult against a child, the adult may request and receive a jury trial under the same conditions that prevail in the Trial Court.

4. Closed Hearing: All hearings under this Code shall be closed hearings unless the Children's Court finds that an open hearing is preferred.

5. Authority to Utilize Social Services: The Children's Court is authorized to cooperate fully with any tribal, federal, state, public or private agency to participate in any diversion, rehabilitation or training programs or other programs including contracts and grants which will improve the court system and carry out the purpose of this Code.

6. Contempt of Court: Any willful disobedience or interference with any order of the Children's Court constitutes contempt of court. The Children's Court may punish any person under its jurisdiction for contempt of court in accordance with Hopi Tribal Court procedures and tribal ordinances.

E. Records

1. Court Records:

a. Clerk Duties: A record of all hearings and other proceedings under this Code shall be made and preserved by the clerk of the court who shall have authority to make copies thereof and attest to their genuineness under the seal of the Children's Court, and to provide such copies to authorized persons.

b. Authorized Persons: All Children's Court records shall be confidential and shall not be open to inspection by anyone except the following:

(1) the minor and/or his counsel;

(2) the minor's parent(s), guardian or custodian(s), and/or their counsel;

(3) the juvenile probation officer;

(4) the presenting officer;

(5) the law enforcement officer;

(6) Child Protective Services;

(7) the Children's Court judge;

(8) the guardian ad litem;

(9) the Hopi Behavioral Health Service Therapist providing treatment to the minor;

(10) the Hopi Tribal Social Services Worker providing case management to the minor;

(11) the Kikmongwi/Village Governor, or such person's authorized representative, of a Village that has assumed jurisdiction of a case pursuant to Chapter III, Section C, subsection 4; and

(12) a person authorized to inspect the records by order of the Children's Court issued for good cause shown.

c. Record of Appeal: For purposes of appeal, if requested, a record of the proceedings shall be made available to the minor -his parent, guardian or custodian or their counsel. Cost of obtaining this record shall be pall by the party seeking appeal.

2. Law Enforcement Records: Law enforcement records and files concerning a minor shall be kept separate from the records and files of adults.

a. Authorized Persons: All law enforcement records and files concerning a minor shall be confidential and shall not be open to inspection to anyone except the following:

(1) the minor and/or his counsel;

(2) the minor's parent(s), guardian(s) or custodian(s) and/or their counsel;

(3) the juvenile probation officer;

(4) the presenting officer;

(5) the law enforcement officer;

(6) Child Protective Services;

(7) the children's court judge;

(8) the guardian ad litem;

(9) the Hopi Behavioral Health Services Therapist providing treatment to the minor;

(10) the Hopi Tribal Social Services Worker providing case management to the minor;

(11) the Kikmongwi/Village Governor, or such person's authorized representative, of a Villa a that has assumed jurisdiction over a case pursuant to Chapter III, Section U, subsection 4; and

(12) a person authorized to inspect the records by order of the Children's Court issued for good cause shown.

  1. Expungement: When a minor who has been the subject of any proceedings before the Children's Court reaches his eighteenth (18) birthday or at such time after the minor's eighteenth (18) birthday as the Children's Court terminates its jurisdiction over that person, the chief judge of the Tribal Court shall order the clerk of the court to destroy both the court records and the law enforcement records.

F. Appeals

1. Notice: Any aggrieved party to the adjudication by the Children's Court, including the Hopi Tribe, may appeal said judgment or order to the Tribal Appellate Court by filing a notice of appeal with the Children's Court within twenty (20) calendar days of the final adjudication.

2. Adjudications "Final": An adjudication shall be considered final notwithstanding the fact that the matter remains subject to the continuing jurisdiction of the Children's Court.

3. Initials Used: An appeal from a decision of the Children's Court shall be handled by the Tribal Appellate Court in the same manner as appeals from the Trial Court, except that the child's initials shall be substituted for his or her name in full proceedings before Tribal Appellate Court.

CHAPTER III - a - CHILD PROTECTIVE SERVICES

A. Establishment and Purpose

Child Protective Services is established within Hopi Tribal Social Services for the purpose of protecting all children on the Hopi Reservation from abuse, neglect and other serious threats to physical and mental well-being.

B. Duties and Responsibilities

In cases of child abuse and/or neglect, and in other minor-in-need-of-care situations falling within the provisions of this Code, Child Protective Services shall have the duty and responsibility to:

1. Assess the case upon receipt of the initial referral by interviewing alleged victims, family members, witnesses and other persons involved and by considering relevant social, cultural and physical factors;

2. Take appropriate actions after determining the risk to the child, including the development of informal agreements with the parties or initiating appropriate court actions;

3. Conduct investigations with such law enforcement assistance as he or she deems necessary;

4. Direct the short-term emergency placement of the child in accordance with the provision of the Code;

5. Make reports to the Children's Court as provided in this Code;

6. Explain to the minor and his parent(s), guardian or custodian the meaning and condition of protective supervision upon the pacing of the minor under supervision; and

7. Perform other related duties as specified in this Code.

C. Child Protection Registry

1. Registry: Child Protective Service shall maintain a Child Protection Registry which shall contain a copy of the report of each investigation conducted by Child Protective Services made in response to a complaint of child abuse or neglect or of other conditions indicating that a child is a minor-in-need-of-care. Reports that are referred to the Presenting Officer for petitioning shall be filed separately from all other reports and shall be supplemented by documents showing the subsequent dispositions of the cases.

2. Confidentiality: Except as provided in subsection 3 of this Section, all records contained in the Child Protection Registry shall be confidential and shall not be disclosed except pursuant to an order of the Children's Court issued upon a showing that the petitioner has a valid need for information contained in the record, or a part thereof, and that the release of the record, or a part thereof, is necessary to meet that need. In making this determination, the Children's Court Judge shall have access to the Child Protection Registry.

3. Limited Disclosure: Upon receipt of a written request from a person working in a field involving the care, education or protection of children, stating the person's name, occupation, address and the reason for the request, Child Protective Services may disclose the identity of a person named in a report of an investigation that has been referred to the Presenting Officer, if that person was found by the Court to have abused a child, neglected a child, or otherwise contributed to conditions indicating that a child is a minor-in-need-of-care.

CHAPTER IV - PARENTAL RIGHTS AND DUTIES, CUSTODY, GUARDIANSHIP, AND THE COURT

A. Purpose

The purpose of this chapter is to set out the rights and duties of the parents, the provisions of guardianship and legal custody, and certain powers of the Children's Court with respect to compelling the support of children and terminating parental rights.

B. Parental Rights and Duties, Custody, and Guardianship

1. Natural Parental Rights and Duties: The rights and duties of a natural parent include the rights and duties of legal custody and of guardianship.

2. Residual Parental Rights and Duties: Residual parental rights and duties are those rights and duties remaining with the natural parent(s) after legal custody or guardianship of the person, or both, have been vested in another person or agency, including but not limited to, the responsibility for support, the right to consent to adoption, the right to determine the minor's religious affiliation, and the right of reasonable visitation unless restricted by the Children's Court.

If no guardian has been appointed, residual parental rights and duties also include the right to consent to marriage,, enlistment in the armed forces, and major medical, surgical, psychological and psychiatric treatment.

3. Legal Custody: Legal custody means a relationship embodying the following rights and duties:

a. the right to physical custody of a child;

b. the right and duty to protect, train and discipline him;

c. the duty to provide him with food, clothing, shelter, education and necessary medical care;

d. the right to determine where and with whom he shall live; and

e. the right, in an emergency, to authorize surgery or other extraordinary care.

Legal custody shall only be obtained by court order. In the event that the child is temporarily left in the care and custody of-an extended family member with the consent of that family member, the extended family member may exercise custody of approval of necessary medical care

4. Guardianship of the Person: Guardianship includes, among other things, the authority to consent to marriage to enlistment in the armed forces, and to consent to major medical surgical, psychological or psychiatric treatment. Guardianship of the person also includes legal custody if legal custody is not vested in another person, agency or institution. Guardianship shall only be obtained by court order.

5. Voluntary, Temporary Transfer of Legal Custody:

a. Authority: The Children's Court may, upon petition, enter an order temporarily transferring legal custody from a parent to another member of a child's extended family.

b. Voluntary Consent: Such an order may be entered upon the appearance in court and voluntary consent of both the parent or parents having custody of the child and family member to whom custody is to be temporarily transferred. An affidavit of the family member consenting the temporary transfer of custody may be accepted by the Children's Court in lieu of a personal appearance by reason of parental health, employment, education or other adequate reason.

c. Time Limit: No order temporarily transferring custody shall be entered for a period of more than one (1) year. Temporary custody may be renewed pursuant to Chapter IV. 5a and b, above.

d. No Harm: No order temporarily transferring custody shall be made unless it appear substantially certain to the 'Children's Court that such an order will not cause harm to the child involved and that the child will be adequately and lovingly cared for during the period of temporary custody.

e. Meets Need: No order temporarily transferring custody shall be made except to meet manifest family needs caused by conditions of parental health, employment, education or other adequate reason.

f. Support: A parent may be required by the Children's Court to contribute to the financial support of a child as a condition, to a temporary transfer of custody.

g. Evaluation: The Children's Court may require that an evaluation of the situation be prepared and submitted to the Children's Court by the Child Protective Services prior to acting on any petition to temporarily transfer custody.

C. Support of Children

1. Foster Care Placement: Payment for child support 'may be made directly to a nongovernmental agency or home in which the Children's Court vests legal custody provided that:

a. the placement agency shall make periodic reports to the Children's Court concerning the care and treatment the child is receiving and his response to such treatment;

b. the reports shall be made at such intervals as the Children's Court may direct and shall be made with respect to each child at least every six (6) months; and

c. the placement agency or home shall afford an opportunity for a representative of the Children's Court to visit the child as frequently as the Children's Court deem necessary.

2. Requiring Child Support:

a. Authority: When legal custody of a child is vested by the Children's Court in an individual or agency other than his parent(s), or a school, the Children's Court may, in the same or any subsequent proceeding, inquire into the ability of the parent(s) or any other person, hereafter "obligated person(s)" who may be obligated to support the child including the expense of any medical, psychological or psychiatric examination or treatment provided under the order of the Children's Court.

After due notice and a hearing on the matter the Children's Court may require the obligated person(s) to pay the whole or part of such support and expenses, depending on their financial resources and other demands on their funds.

b. Summons and Petition: If a child support hearing is to be held subsequent to, or in connection with other proceedings, a summons and petition setting forth the nature and basis for the claim shall be sent to the obligated person(s) and their counsel at least ten (10) days prior to the hearing. The summons shall include a statement that the hearing is to determine child support.

No court order issued under this section against an obligated person shall be entered, unless a summons has been served on the Reservation or a voluntary appearance made or waiver of service given.

c. Procedure and Method for Payment: Payments shall be made at intervals determined by the Children's Court. Unless otherwise ordered, payment shall be made to the clerk of the court for transmittal to the persons) or agency having legal custody of the child or to whom compensation is due. he clerk o the court shall have authority to receive periodic payments towards the care and maintenance of the child such as social security payments made in the name of or the benefit of the child.

d. Enforcement of Support Order: An order under Chapter V.B.2.a of this Code against a parent or other person may be enforced by contempt, proceedings and shall have the effect of a civil judgement at law. To collect such monies, in addition to other remedies, the Children's Court may issue an order to an employer, trustee, financial agency or other person, firm or corporation on the Reservation indebted to obligated persons) to withhold and pay over to the clerk of the court not in excess of one-fourth and/or one-fourth of the amount becoming due to the obligated person(s) at each regular and usual payday or day of disbursement.

e. Copy Served: A copy of such order shall, if possible, be served on the obligated person(s) and either the obligated person(s) or the indebted party may request a hearing to determine the propriety of the order and or the extent of the indebtedness.

f. Property Not Exempt: No property of the obligated person(s) shall be exempt from execution to enforce collection of the amounts ordered to be paid by the Children's Court under this section, provided that property held in trust by the United States shall be subject to the conditions of the trust.

D. Termination of Parental Rights

Before depriving any parent of his parental rights, the Children's Court shall give due consideration to the preferred right of parents to their children and shall not terminate the relationship unless the Children's Court finds, from all the circumstances in the case, that the welfare of-the child or the Tribe requires that the child be taken from his parents.

1. Authority: Parental rights to a child may be permanently terminated by the Children's Court according to the procedures in this section.

2. Petition: Proceedings to terminate parental rights shall be instituted by a petition filed by the presenting officer on behalf of the Tribe or legal guardian of the child or a voluntary petition may be filed by one or both parents. The petition shall include:

a. the name, birthdate, and residence of the minor;

b. the names, and residence of the minor's parent(s), legal guardian or custodian;

c. a brief statement of the circumstances that gave rise to the petition; and

d. if the child is in detention or shelter care, the place, the detention or shelter care and the time he was taken into custody.

3. Hearing Date: Upon receipt of the petition, the Children's Court shall set a date for the terming ion hearing which shall be not more than fifteen (15) calendar days from receipt of the petition. The hearing may be continued:

a. on motion of the minor's parent(s), guardian or custodian, or other representative of the minor; or

b. upon motion of the presenting officer by reason of the unavailability of material evidence or witnesses and the Children's Court finds that the presenting officer has exercised due diligence to obtain the evidence or witnesses and reasonable grounds exist to believe that the evidence or witnesses will become available.

4. Pre-termination report:

a. Report Ordered: Within two (2) days of receiving the petition, the children's court judge shall order the preparation of a pre-termination report by Child Protective Services.

b. Consultations: Child Protective Services shall consult with the minor, and the minor's parent(s) and all social services, health, education and other personnel who have had prior professional contacts with the minor and/or his parent(s), guardian(s) or custodian(s) to determine whether termination of parental rights is consistent with the best interest of the minor. Child Protection Services should also, when feasible, consult with the minor's significant relatives, such as grandparents, aunts and uncles. Child Protective Services may also review any of the minor's previous children's court records.

c. Report: Child Protective Services shall prepare a written report containing both its own opinions and the professional opinions of all personnel with whom it has consulted. The reports shall be presented to the Children's Court and all other parties at least seven (7) days before the termination hearing.

5. Summons:

a. Recipients: At least five (5) calendar days prior to the termination hearing, the Children's Court shall issue summons to:

(1) the minor;

(2) the minor's parent(s), guardian or custodian;

(3) any person the Children's Court believes necessary for the proper adjudication of the hearing; and

(4) any person the minor or the minor's parent(s), guardian or custodian believes necessary for the proper adjudication of the hearing.

b. Petition Attached: A copy of the petition shall be attached to the summons.

c. Publication: If the summons cannot be delivered personally or by certified mail, the summons may be served by publication.

6. Hearing:

a. Purpose: The Children's Court shall conduct the termination hearing for the purpose of determining whether parental rights shall be permanently terminated. The hearing shall be private and closed.

b. Testimony: The Children's Court shall hear testimony concerning:

(1) the circumstances that gave rise to the petition;

(2) the need for termination of parental rights.

The child shall be present in the courtroom only during his testimony, if any.

7. Criteria: The Children's Court may terminate parental rights if it finds clear and convincing evidence of one or more of the following conditions:

a. Unfit: The parent(s) is unfit and incompetent by reason of conduct or condition seriously detrimental to the. child.

b. Abandonment: The parent(s) has abandoned his child

c. Abuse: The minor has suffered physical injuries willfully and repeatedly inflicted by his Parent(s) upon him which creates a substantial risk of death, disfigurement, or impairment or bodily functions.

d. Sexual Abuse: The parent(s) has subjected the minor to any act(s) of sexual abuse.

e. Voluntary: One or both parents have given their voluntary written consent to such termination before the Children's Court, or by instrument duly acknowledged before a notary public, clerk of the court or record, or other person authorized to acknowledge signatures, oaths or affirmations.

8. Disposition: If parental rights to a child are terminated, the Children's Court may, treat the child as a minor-in-need-of-care and/or the Children's Court may accept a petition for adoption. The child must first be sound to be in the need of care.

9. Appeal: A termination order may be appealed anytime within six (6) months from the date the termination order becomes final.

10. Tribal Membership No adjudication of termination of parental rights shall affect the child's enrollment status or eligibility for membership in the Hopi Tribe.

CHAPTER V - MINOR IN NEED OF CARE

A. Purpose

The purpose of this chapter is to set out rules and proceedings for the protection of minors who are abused, neglected and/or otherwise in need of care.

B. Abuse, Neglect, Minor in Need of Care

For the purposes of this Chapter:

1. "Abused child" means a minor who has been inflicted with physical injury, sexual or mental harm; and/or who is exploited and overworked to such an extent that his health, morals and/or emotional well-being are endangered.

2. "Neglected Child" means a minor who:

a. is without proper subsistence, education, medical and other care or control necessary for his well-being because of the faults or habits of his parent(s), guardian(s) or custodian(s) or their neglect or refusal to provide such care or control when able to do so;

b. has suffered or is under substantial risk of imminently suffering physical and/or emotional injury as a result of conditions created by his parent(s), guardian(s) or custodian(s) being unable to discharge their responsibilities to and for the minor because their incarceration, hospitalization or other physical or mental incapacity; or

      1. has been placed for care or adoption in violation of tribal law.

A child shall not be presumed to be neglected by a parent who temporarily leaves the child in the care and custody of an extended family member with the consent of that family member if the child received adequate care and supervision from that family member, and if the parents maintain reasonable contact with die child and contributes to the child's support when needed.

3. "Minor in Need of Care" means a minor who:

a. has been abandoned, neglected or abused by his parent(s), guardian(s) or custodian(s);

b. has no parent(s), guardian(s) or custodian(s) willing or able to support or care for him;

c. habitually disobeys the reasonable and lawful demands of his parent(s), guardian(s) or custodian(s) and is ungovernable and beyond their control;

d. is repeatedly absent from home after 10:00 p.m. without permission of a parent, guardian or custodian;

e. has run away from his parent(s), guardian(s) or custodian(s);

f. is suffering serious emotional damage evidence by severe anxiety, depression or unmanageable aggressive behavior toward self or others;

g. is mentally deficient and the minor's parent(s), guardian(s) or custodian(s) are not willing to seek treatment for him; or

h. is committing delinquent acts as a result of parental encouragement, guidance or approval.

4. Hopi Ceremonial and Traditional Practices: A minor shall not be found to be an "Abuse Child", "Neglected child" or a "Minor-in-need-of-care" solely on the basis of conditions resulting from participation in Hopi religious ceremonies and other traditional Hopi practices.

C. Reporting of Abuse or Neglect; Written Complaint

1. Persons Mandated to File a Written Complaint

a. The following persons are mandated to file with Child Protective Services a written complaint of suspected abuse, neglect or other conditions indicating that a child is a minor-in-need-of-care when they have knowledge of facts indicating that such conditions probably exist:

i. physicians, nurses, dentists, optometrists and any other medical, health or mental health worker;

ii. school principals, school teachers and other school officials;

iii. social workers, child day care center workers and other child care staff including Head Start employees, foster parents, residential care personnel and institutional personnel;

iv. law enforcement officers, judges or other officers of the Children's Court.

b. The written complaint shall contain, at a minimum:

i. the name, birthdate and residence of the minor, if known; ii. the grade and school in which the minor is enrolled, if known;

iii. the name(s), address(es) and residence(s) of the minor's parent(s), guardian(s) or custodian(s), if known;

iv. a statement of the facts which indicate probable abuse, neglect or other conditions indicating that the minor is a minor-in-need-of-care, including the date(s), time(s) and locations) at which the alleged facts occurred;

v. the name, title or position, and signature of the person filing the report; and vi. the date on which the complaint is filed.

2. Reporting by Other Persons: Persons not mentioned above who have reasonable cause to suspect that a minor has been abused or neglected, or otherwise is a minor-in-need-of-care, are encouraged to report their complaint of abuse or neglect to a responsible member of the child's immediate or extended family or the appropriate village leaders. If the appropriate village leaders are unable or unwilling to ac upon such information, the complaint may be reported to Child Protective Services. Those persons complaining to Child Protective Services under this paragraph may remain anonymous.

3. Processing of Reports: Within 48 hours of the receipt of a report of suspected abuse, neglect or other conditions indicating that a minor is a minor-in-need-of-care, except where the child is taken into emergency custody, . Child Protective Services shall begin an investigation, with such law enforcement assistance as it may request. No later than 12 days after the receipt of the report, Child Protective Services shall file a report in the Child Protection Registry and, if the report includes a recommendation that a petition be filed pursuant to Section h of this Chapter, then Child Protective Services shall submit a copy of the report to the Presenting Officer. If the child is taken into custody, then Child Protective Services shall conduct an investigation pursuant to Section F of this Chapter.

4. Immunity from Liability: Any person or agency filing a written complaint or otherwise reporting in good faith under this section shall be immune from civil liability and criminal prosecution arising from the filing of the written complaint or the making of the report.

5. Privileged Communications: The communications between a husband and wife, physician and patient or social worker and client shall not be privileged when such communication involves information about the abuse or neglect of a minor. Communications about the abuse or neglect of a minor made between an attorney and client shall be privileged only if the attorney is representing the client in a matter involving the alleged abuse or neglect of a minor by the client.

6. Photographs and X-rays: Any person mandated by this section to file a written complaint may take or cause to be taken, without the permission of the minor's parent(s), guardian(s) or custodian(s) photographs of any trauma on a minor who is suspected o being abused; and, if medically indicated, such person may authorize a radiological examination of the minor. All such photographs and/or images made pursuant to this subsection shall be destroyed or delivered to the person having legal custody of the minor if the written complaint is determined to be unfounded by Child Protective Services through an investigation or by the Children's Court at a hearing.

7. Penalty for Not Reporting or Interfering with Reports: Any person mandated by this section to file a written complaint who knowingly fails or refuses to file such a complaint, within a reasonable time, concerning a known or suspected case of abuse or neglect, or who knowingly prevents another person from doing so shall be subject to a civil penalty not to exceed five hundred and fifty dollars ($550).

D. Emergency Custody

1. Taking Emergency Custody

a. Warrant: The Children's Court may issue a warrant directing that a minor be taken into custody if the Children's Court finds that there is probable cause to believe that the minor is a minor-in-need-of-care and that immediate custody is necessary for the protection of the minor. Such warrant shall be issued pursuant to Hopi Tribal Court procedures.

b. Law Enforcement Personnel and Child Protective Services:

i. A minor shall be taken into custody by a law enforcement officer or Child Protection Services if there is probable cause to believe that the minor is a minor-in-need-of-care and that the minor is in immediate danger from his surroundings; or

ii. A minor shall be taken into custody by a law enforcement officer if the Children's Court has issued a warrant directing that the minor be taken into custody.

c. Other than Law Enforcement Personnel and Child Protective Services: If probable cause exists o believe that emergency custody of a minor is necessary to prevent the minor's imminent death or serious bodily injury, and the minor's parent(s), guardian(s) or custodian(s) is unable or unwilling to protect the minor from such imminent death or injury any physician, probation officer, social service worker, school administrator, or, it none of the above-listed persons are available, any person, shall have the authority to take physical custody of the minor, notwithstanding the wishes of the minor's parent(s), guardian(s) or custodian(s) and immediately deliver the minor to the custody of a law enforcement officer. Any person acting in good faith in accordance with this paragraph shall be immune from ail liability.

2. Responsibilities Pursuant to Taking Emergency Custody:

a. Law Enforcement Officer's Duties: A law enforcement officer who takes a minor into custody or otherwise receives custody of a minor shall immediately consult Child Protection Services regarding a temporary disposition for the child. After such consultation with Child Protective Services, the law enforcement officer may release the minor to the minor's parent(s), guardian or custodian and issue verbal counsel or warning as may be appropriate, unless temporary placement with someone other than the minors immediate family is necessary to protect the health and safety of the minor.

If the minor is not released, the officer shall make immediate and recurring efforts to notify the minor's parent(s), guardian or custodian that the minor has been taken into custody and to inform them of the reasons for taking the minor into custody and of their rights to be present with the minor until an invest to determine the need for shelter care is made by Child Protective Services. If the minor is not released, the minor shall be delivered to the custody of the Child Protective Services by the officer as soon as possible.

b. Child Protective Services: Child Protective Services shall not place the minor in shelter care unless:

i. a written complaint or other report has been made pursuant to Section C of this Chapter and a subsequent investigation indicates that shelter care is necessary to protect the health and safety of the minor;

ii. the minor is taken into emergency custody pursuant to this Section; or

iii. the minor's parent(s), guardian or custodian cannot be found to receive the minor.

If the minor's parent(s), guardian or custodian have not been contacted, Child Protective Services shah make immediate and recurring efforts to inform them that the minor has been taken into custody and release the minor to the parent(s), guardian or custodian, unless shelter care is immediately necessary.

If the minor is not released to his parent(s), guardian or custodian, Child Protective Services shall place the minor in shelter care pending the custody hearing.

Child Protective Services shall explore available preadjudication custody arrangements and prepare recommendations for temporary care and custody for presentation at the custody hearing.

c Other than Law Enforcement Personnel and Child Protective Services: A person other than a Law Enforcement Officer or Child Protective Services taking emergency custody of a minor pursuant to this Section shall immediately contact a Law Enforcement Officer and arrange to transfer emergency custody of the minor to that Officer. After such a transfer has been made, the duties of the Law Enforcement Officer shall be provided for in this subsection.

3. Custody Hearing

a. Immediate Hearing: When a minor has been taken into custody and not released to his parent(s), guardian or custodian, the Children's Court shall hold a custody hearing within twenty-four (24) hours to determine where the minor should be placed to reasonably assure his safety and well-being pending further court actions, if any;

b. Notice: The Children's Court shall make reasonable efforts to give written notice of the custody hearing to the minor and his parent(s), guardian(s) or custodian(s), counsel, and the person who took emergency custody o the minor as soon as the time for the hearing is established. The notice of the hearing shall state the time and place where the hearing shall be held in the absence of the child's parent(s) guardian(s) or custodian(s) if reasonable efforts have been made to notify them of the hearing.

c. Criteria: At the hearing, the Children's Court shall determine whether probable cause exists to believe that the minor is a minor-in-need-of-care. If the Children's Court determines that such probable cause does not exist, then the Children's Court shall dismiss the case without prejudice and release the minor to the custody of his parent(s), guardian(s) or custodian(s). If the Children's Court determines that such probable cause does exist, then the Children's Court shall continue its jurisdiction over the case and either place the child in shelter care or release the minor to the custody of his parent(s), guardian(s) or custodian(s) upon such conditions (including removal of the alleged perpetrator from the household by protective order or other lawful process) as will reasonably assure the safety and well-being of the minor, based upon a consideration of the following factors:

i. whether the minor is suffering from an illness or injury and whether his parent(s), guardian(s) or custodian(s) are providing adequate care;

ii. whether the minor is in immediate danger from his surroundings and whether removal from those surroundings is necessary for his safety or well-being;

iii. whether the minor will be subject to injury by others if not placed in the custody or supervision of a social services agency;

iv. whether the minor's parent(s), guardian(s) or custodian(s) is willing and able to provide adequate supervision and care for the minor;

v. whether there is a likelihood that the minor will run away and be unavailable for further proceedings; and

vi. the recommendation of Child Protective Services as to the appropriate placement for the minor.

Regardless of the placement option chosen, the Children's Court may order any person alleged to have abused and/or neglected the minor to undergo appropriate diagnostics examinations, evaluations or counseling.

d. A parent, guardian or custodian of a minor who did not receive actual notice of the emergency custody hearing prior to the time when the hearing was held shall, upon making a request to the Children's Court, have the right to be heard before the Children's Court within (48) hours of receiving actual notice of the emergency custody hearing. The Children's Court shall notify the Presenting Officer, Child Protective Services, and the minor's counsel of the time and place when the parent, guardian or custodian will be heard.

E. Shelter Care

  1. Shelter care may be:
    1. a home of an extended family member;
    2. a private family home on the Reservation approved by the Children's Court;
    3. a foster care facility on the Reservation approved by the Tribe; or
    4. a shelter care facility of the Reservation approved by the Tribe.

2. A minor alleged to be abused, neglected or otherwise a minor-in-need-of-care shall not be detained or placed in a jail or other facility used for the detention of adults or juvenile offenders.

F. Investigation

Child Protective Services shall commence an investigation within twenty-four (24) hours of the custody hearing. The investigation shall be to determine whether the interests of the minor and the Tribe require that further action be taken. The investigation shall be completed within 10 days of its commencement, and a copy of the report of the investigation shall be filed in the Child Protective Registry. Upon the basis of this investigation, Child Protective Services may:

1. recommend that no further action be taken;

2. recommend to the minor and the minor's parent(s), guardian or custodian that they appear for an informal hearing; or

3. recommend that the presenting officer file a petition in the Children's Court pursuant to Section H of this Chapter.

G. Informal Conference

1. Authority: Child Protective Services shall hold an informal conference with the minor and the minor's parent(s), guardian or custodian to discuss alternatives to the filing of a petition if:

a. the alleged facts bring the case within the jurisdiction of the Children's Court;

b. the informal adjustment of the matter would be in the best interests of the minor and the Tribe; and

c. the minor and the minor's parent(s), guardian or custodian voluntarily consent to an informal adjustment.

This section does not authorize Child Protective Services to compel any person to appear at any such informal conference, produce any papers or visit any place.

Any disposition reached at an informal conference must be agreed to by all parties responsible for carrying out the disposition.

2. Notice: Notice of the informal conference shall be given to the minor and his parents), guardian(s) or custodians) and their counsel as soon as the time for the conference as been established. The notice shall contain a brief statement of the alleged circumstances upon which the minor-in-need-of-care allegation is based.

3. Confidentiality No statement made during the informal conference may be admitted into evidence at an adjudicatory hearing or at any proceedings against the minor.

4. Disposition: At the informal conference, Child Protective Services may:

a. refer the minor and the minor's parent(s), guardian or custodian to an available program or service provider for needed assistance;

b. arrange terms of supervision calculated to assist and benefit the minor, which regulate the minor's activities and which are within the ability of the minor to perform; or

c. recommend that the presenting officer file a petition pursuant to Section H of this Chapter.

Child Protective Services shall set forth in writing the conclusions reached at the informal conference and the disposition agreed to by the parties for remedying the situation.

Any informal adjustment period shall not exceed six (6) months.

5. Monitoring : Child Protective Services shall review the minor's progress every fifteen (15) to thirty (30) days. If, at any time after the initial thirty (30) day period Child Protective Services concludes that positive results are not being achieved, Child Protective Services may recommend that the Presenting Officer file a petition pursuant to Section H of this Chapter.

H. Adjudicatory Hearing - Court Disposition

1. Petition: Minor-in-need-of-care proceeding s shall be instituted by a petition filed by the Presenting Officer on behalf of the Hopi Tribe and in the interest of the minor. Upon receipt of the recommendations from Child Protective Services made pursuant to Sections F or G of this Chapter, the Presenting Officer shall have seventy-two (72) hours if the minor has been placed in shelter care, or ten (10) day s if the minor has not been placed in shelter care, within which to file such a petition. The Presenting Officer may, for good cause, request the Children's Court to extend the time within which to file the petition.

2. Contents of the Petition: The petition shall, at a minimum, contain:

a. a citation of the provision of this Code that give the Children's Court jurisdiction over the proceedings;

b. the name, birthdate and residence of the minor, if known;

c. the names, addresses and residences of the minor's parent(s), guardian(s) or custodian(s), if known;

d. a statement of the facts upon which the allegations are based including the date(s), time(s) and specific location(s) at which the alleged facts occurred; and

e. the name and signature of the Presenting Officer.

3. Summons: Upon the filing of a petition by the Presenting Officer, the children's Court shall issue a summonses) to the parent(s), guardians) or custodians) named in the petition, the minor, and any person who is necessary or the proper adjudication of the petition, requiring the person summonsed to appear at a preliminary hearing, on the petition. A copy of the petition shall be attached to the summons. The date, time and place of the preliminary hearing shall appear on the summons

4. Service of Summons: A summons and a copy of the petition shall be served personally or, if service cannot be completed personal l , by certified mail. If a summons cannot be served in either manner, the Presenting Officer or the minor may request the Children's Court to allow service by publication. The failure to serve the parent(s), guardian(s) or custodian(s) personally, by certified mail, or by publication shall not be preclude the Children's Court from conducting any hearing required under this Chapter, except an adjudicatory hearing.

5. Preliminary Hearing: Within fifteen (15) days of the filing of a petition by the Presenting Officer, the Children's Court shall hold a preliminary hearing: If the preliminary hearing is not held within fifteen (15) day s, the petition shall be dismissed without prejudice. At the preliminary hearing the Children's Court shall:

a. advise the minor's parent(s), guardian(s) or custodian(s) of the contents of the petition and ask them how they answer to the allegation in the petition;

b. review the minor's placement and make any modifications to the placement that are necessary for the minor's welfare;

c. impose a schedule for filing any pretrial motions;

d. hear any pretrial motions that have been filed prior to the preliminary hearing;

e. at the discretion of the court, appoint a guardian ad litem to represent the minor during subsequent proceedings; and

f. schedule an adjudicatory hearing within thirty (30) days of the preliminary hearing.

6. Adjudicatory Hearing:

a. The Children's Court shall conduct an adjudicatory hearing to determine whether the minor is a minor-in-need-of-care. The adjudicatory hearing shall be private and closed. If the Children's Court finds by a preponderance of the evidence that the minor is a minor-in-need-of-care, then the mater shall proceed to a dispositional hearing. If the Children's Court does not find, then the case shall be dismissed. The Children's Court shall reduce its findings and conclusions to writing within a reasonable time after the close of the hearing.

b. The Children's Court may, upon a showing of good cause, grant continuances of an adjudicatory hearing:

i. upon the motion of the minor;

ii. upon the motion of the minor's parent(s), guardian(s) or custodian(s); or

iii. upon the motion of the Presenting Officer by reason of the unavailability of material evidence or witnesses where the Children's Court finds that the Presenting Officer has exercised due diligence to attempt to obtain such evidence or witnesses and that such evidence or witnesses will like-become available within the time for which the continuance is requested.

7. Predispositional Report: If the case is not dismissed, Child Protective Services, shall prepare a written report describing all reasonable and appropriate alternative dispositions. The report shall contain a specific plan for the care of and assistance to the minor calculated to resolve the problems presented in the petition.

The report shall contain a detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the minor under the proposed plan.

If the recommendation is that the minor not be laced with his parent(s), guardian or custodian, the report shall contain specific reasons for not recommending placement of the minor with his parent(s), guardian or custodian.

Child Protective Services shall present the dispositional report to the Children's Court the minor, the guardian ad litem, the minor's parent(s) guardian(s) or custodian(s) and the presenting officer at least three (3) days before the dispositional hearing.

8. Dispositional Hearing:

a. Time: A dispositional hearing shall take place not more than thirty (30) calendar days after the adjudicatory hearing.

b. Evidence: At the dispositional hearing, the Children's Court shall hear all relevant and material evidence offered on the question of proper disposition.

c. Notice: Written notice of the dispositional hearing shall be given to the minor and his parent(s), guardian or custodian and their counsel at least forty-eight (48) hours before the hearing.

d. Reports: At the dispositional hearing, the Children's Court shall consider the predispositional report submitted by Child Protective Services and afford the parties an opportunity to object to the contents and conclusions of the reports. The Children's Court shall also consider any predisposition report prepared by the minor and/or his counsel.

9. Disposition:

a. In making any decisions to place a minor in out-of-home placement, the Children's Court shall, in case in which such action would not obviously be contrary to the minor's best interest, determine whether or not there are any relatives, friends or other persons living on the reservation who would be willing and able to provide a suitable temporary or permanent living environment for the minor. The Children's Court shall give due consideration and regard to tribal or family customs relative to the raising of children and shall endeavor to place the minor in a home with a cultural background similar to that which the minor would have enjoyed if properly raised by his natural parents.

Preference shall be given to the disposition which is the least restrictive of the minor's freedom and which is consistent with the best interest of the minor.

Preference shall also be given to the dispositional options which are listed in paragraph b. below

b. Preferred Options: If a minor has been adjudged a minor-in-need-of-care, the Children's Court may order one of the following dispositions:

i. permit the minor to remain with his parent(s). guardian(s) or custodian(s) in under protective supervision monitored by a Hopi Tribal Social) Services Program Social Worker pursuant to such conditions as the Children's Court may prescribe;

ii. place the minor with an extended family member within the external boundaries of the reservation;

iii. place the minor in a foster home within the external boundaries of the reservation

which has been approved by the Tribe; -

iv. place the minor with an extended family member outside the external boundaries of the reservation approved by the Tribe;

v. place the minor in a foster home outside the external boundaries of the reservation approved by the Tribe;

vi. lace the minor in a shelter care facility or an off-reservation treatment and care facility approved by the Tribe; vii. recommend that termination of parental right proceedings begin.

Such disposition shall be subject to limitations and conditions as the Children's Court may prescribe.

c. Off-Reservation Jurisdiction: Whenever a minor is laced in a home or facility located outside of the boundaries of the Reservation, the Children's Court shall require the party receiving custody of the minor to sign an agreement that the minor will be returned to the Children's Court upon order o the Children's Court.

d. Time Limit: Dispositional orders shall be in effect for the time limit set by_ the Children's Court. No dispositional order shall continue in effect after the minor reaches the age of eighteen (18) years unless the Children's Court continues its jurisdiction pending the minor's graduation from high school or attainment of a GED, or until some other time prior to the minor's twenty-first (21st) birthday.

e. Periodic Review: Every dispositional order under which the Children's Court retains jurisdiction shall be subject to periodic review by the Children's Court at least every six (6) months or at more frequent intervals as the Children's Court may direct.

f. Final Order: A dispositional order constitutes a final order for purposes of appeal.

10. Modification of Dispositional Order: A dispositional order of the Children's Court may be modified upon motion and a showing of a change of circumstances made by the minor, the minor s parent(s), guardian(s) or custodian(s), or the Presenting Officer.

CHAPTER VI - JUVENILE OFFENDER

  1. Flow Chart

The attached flow chart illustrates the major juvenile offender proceedings under this Code.

B. Purpose

To set out the procedures for reaching disposition of juvenile offender cases.

C. Written Complaint, Warrant

1. Written Complaint: A complaint maybe filed by a person who has knowledge. The

complaint shall be signed by the complainant. The complaint shall contain:

      1. a citation to the specific statutory provision(s) that give the Children's Court jurisdiction over the proceedings;
      2. a citation of the provision(s) of Hopi Tribal law which the minor is alleged to have violated;
      3. the name, age and address of the minor who is the subject of the complaint, if known;
      4. the name, address of the minor's parent(s), or guardian, if known; and
      5. a plain and concise statement of the facts upon which the allegations are based, including the date(s), time(s) and specific location(s) at which the alleged facts occurred.

2. Warrant: After receiving a written complaint the Children's Court may enter an order

called a warrant directing that a minor be taken into custody if the Children's Court finds there is probable cause to believe that the minor committed a delinquent act and that taking custody is justified by the circumstances.

D. Taking Custody

1. Custody: A minor may be taken into custody by a law enforcement officer if:

      1. the officer has reasonable grounds to believe a delinquent act has been committed and that the minor has committed the delinquent act; or
      2. a warrant pursuant to Chapter VI.C.2 of this Code has been issued for the minor.
      3. Anytime a minor has been taken into custody by a law enforcement officer without a warrant, a verified complaint shall be filed with the appropriate juvenile authorities within two (2) hours charging the minor with a violation of the law.

2. Rights Warning: An arresting officer shall give the following warnings to any minor he takes into custody prior to any questioning.

a. The minor has the right to remain silent.

b. Anything the minor says can be used against the minor in court.

c. The minor has the right at his own expense to have the assistance of counsel and to have his parent(s), guardian or custodian present during questioning.

d. If the minor states that he cannot afford an attorney or counsel, the officer shall inform him of available services.

3. Arresting Officer's Options: The arresting officer shall either release the minor directly to his parent(s), guardian or custodian and give verbal counsel or warning as may be appropriate, or present the minor to the juvenile intake officer.

E. Intake Custody Decision

When a minor is presented to the juvenile intake officer by the arresting officer, the intake officer may, after an evaluation of the circumstances, place a minor in detention or shelter care if taken into custody pursuant to Chapter VI. D.1 of this Code or direct that the minor be returned to his parent(s), guardian or custodian. The intake officer may further direct the minor, his parent(s), guardian or custodian to return for an informal hearing with the juvenile probation officer.

F. Custody Retained

If the minor is not released, the following provisions shall apply:

1. Notification of Parents: The intake officer shall make immediate and recurring efforts to notify the minor's parent(s), guardian or custodian that the minor has been taken into custody and to inform them of their right to be present with the minor until the intake custody decision has been made.

2. Notification of Probation Department: The intake officer shall inform the Probation Department or its designee within twenty-four (24) actual hours of taking the minor into custody.

3. Custody Options: The juvenile intake officer shall immediately explore available preadjudication custody arrangements, and prepare recommendations for temporary care and custody for presentation at the detention hearing.

4. Detention Pending Court Hearing A minor alleged to be a juvenile offender may be detained pending a court hearing, in the following paces:

a. a shelter care facility on the Reservation approved by the Tribe and/or Bureau of Indian Affairs;

b. a detention facility on the Reservation approved by the Tribe and/or the Bureau of Indian Affairs; or

c. a foster home on the Reservation approved by the Court and/or the Bureau of Indian Affairs.

A minor who is sixteen (16) years of age or older may be detained in a jail or facility used for the detention of adults only if:

a. a facility as noted above is not available or would not assure adequate supervision of the minor;

b. detention is in a cell separate and removed from sight and sound of adults;

c. adequate supervision is provided twenty-four (24) hours a day.

5. Detention Criteria: A minor taken into custody shall not be placed in detention prior to the court's disposition unless:

a. the act is serious enough to warrant continued detention or shelter care;

b. there is reasonable cause to believe that the minor will run away and that he will be unavailable for further proceedings and/or commit a serious act causing damage to persons or property;

c. there is reasonable cause to believe that the minor will commit injury to persons or property of others or commit injury to himself or be subject to injury by others; or

d. there is reasonable cause to believe the minor has no parent(s), guardian or custodian able or willing to provide adequate supervision and care for him.

6. Detention Hearing: If a minor is detained or placed in shelter care, the Court shall hold a detention hearing within twenty-four (24) hours (excluding holidays and weekends) after the minor has been taken into custody and has not been previously released pursuant to Chapter VI.E of this Code.

a. Request for a detention hearing shall be instituted by a motion filed by the juvenile intake officer on behalf of the Tribe.

b. Notice: Notice of the detention hearing shall be given to the minor and his parent(s), guardian or custodian and their counsel as soon as the time for the hearing has been established.

c. Presence of Parents: If the minor's parent(s), guardian or custodian is not resent at the detention hearing, the Children's Court shall determine what efforts heave been made to notify and to obtain the presence of the parents), guardian or custodian. The Children's Court shall recess for not more than twenty-our (24)actual hours and direct the juvenile intake officer to make continued efforts to obtain the presence of the parent(s), guardian or custodian.

d. If for good cause, the parent(s), guardian or custodian are unable to appear, the Children's Court judge shall designate an extended family member or other responsible adult to represent the parent(s), guardian or custodian.

e. Before proceeding with a detention hearing the Court shall:

i. Inform the minor of the purpose of the hearing and determine that the person understands the nature of the charge against him and the potential consequence of the hearing;

ii. Explain the right to counsel substantially as follows:

"You have the right to have legal counsel represent you at your own expense or at the expense of your parent(s), guardian or custodian."; iii. Explain to the juvenile and his parent(s) the availability of legal services.

f. Testimony: The Children's Court shall hear testimony concerning:

      1. the circumstances that gave rise to taking the minor into custody; and
      2. the need for detention or shelter care

g. Finding and Temporary Disposition: The minor shall be released to his parent(s), guardian or custodian and ordered to appear for further proceedings, unless:

      1. the act is serious enough to warrant continued detention or shelter care;
      2. there is reasonable cause to believe that the minor will run away and that he will be unavailable for further proceedings; and/or, commit a serious act causing damage to person or property.
      3. there is reasonable cause to believe that the minor will commit injury to persons or property of others or cause injury to himself or be subject to injury by others; iv. there is reasonable cause to believe the minor has no parent(s), guardian or custodian able or willing to provide adequate supervision and care for him.

h. The Children's Court may release a minor to an extended family member or other responsible adult if the parent(s), guardian or custodian of the minor consents to the release. If the minor is ten (10) years of age or older the Children's Court may take the minor's wishes into consideration.

i. An order specified in this section may at any time be amended to impose additional or different conditions of release or to return the minor to custody or detention for failure to conform to the conditions originally imposed.

G. Investigation and Informal Hearing

1. Investigation: The juvenile probation officer shall make an investigation upon arrest of a minor within forty-eight (48) hours if the minor is in detention or shelter care or within seventy-two (72) hours if the minor has been released to his parent(s), guardian or custodian or within ten (10) days upon receipt of a complaint without an arrest pursuant to Chapter VI.C.1 to determine whether the interests of the minor and the public require that further action be taken. Upon the basis of his investigation, the juvenile probation officer may:

      1. recommend that no further action be taken;
      2. direct the minor, his parent(s), guardian or custodian to appear for an informal hearing;
      3. request the presenting officer to begin transfer of the case to Hopi Tribal Court; or
      4. recommend that the presenting officer file a petition to adjudicate.

2. Informal Hearing:

a. Authority: The juvenile probation officer may hold an informal hearing with the minor and the minor's parent(s), guardian or custodian to discuss alternatives to the filing of a petition if:

        1. the facts of the case bring it within the jurisdiction of the Children's Court;
        2. an informal adjustment of the matter would be in the best interest of the Tribe; and
        3. the minor and his parents), guardian or custodian consent to an informal adjustment with knowledge that the consent is voluntary.

This section does not authorize the juvenile probation officer to compel any person to appear at any conference, produce any papers, or visit any place.

b. Notice: Notice of the informal hearing shall be given to the minor and his parent(s), guardian or custodian and their counsel as soon as the time for the hearing has been established. The notice shall include a brief statement of the substance of the allegations against the minor.

c. Confidentiality: No statement or admission made during the informal hearing may be admitted info evidence at an adjudicatory hearing or any proceedings against the minor under this Code.

d. Disposition: At the informal hearing the juvenile probation officer shall take one of the following actions:

        1. refer the minor and the parent(s), guardian or custodian to a community and/or village program for needed assistance.
        2. arrange terms of supervision calculated to assist and benefit the minor which regulate the minor's activities and which are within the ability of the minor to perform.
        3. accept an officer of restitution if voluntarily made by the minor.
        4. recommend that the Presenting Officer file a petition pursuant to Chapter VI.H.I of this Code.

Any informal adjustment period shall not exceed six (6) months.

The Juvenile Probation Officer shall set forth in writing the conclusions reached at the informal hearing and the disposition agreed to by the parties for remedying the situation within five (5) days of the hearing.

e. Monitoring. The Juvenile Probation Officer shall review the minor's progress every thirty (30) days. If at any time after the initial thirty (30) day period, the Juvenile probation officer concludes that positive results are not being achieved he shall recommend that the presenting officer file a petition pursuant to Chapter VI.H.1.

H. Adjudication

1. Petition for Adjudication: Juvenile offender proceedings under the Children's Code shall be instituted by a petition filed by the presenting officer on behalf of the Tribe. If the minor is in detention or shelter care, he shall be arraigned within ten (10) calendar days. If a petition to adjudicate is instituted on a complaint without an arrest, he shall be arraigned within ten (10) calendar days from the date the summons is served. The petition shall include the information required for a written complaint, and if the minor is in detention or shelter care, the time he was taken into custody.

2. Arraignment. Hearings on petitions shall be conducted in accordance with the practice of the Hopi Tribal Courts pursuant to Ordinance #21, except where it otherwise conflicts with the rights of individuals guaranteed by the Indian Civil g Rights Act. The Court shall advise minors before the court of their basic rights under the Children's Code at each separate appearance.

      1. After giving the minor an opportunity to consult with counsel the court shall give the minor an opportunity to plead to the allegations.
      2. Admission of guilt: If the minor admits to the allegations of the petition, the Children's Court shall consider such admission only if the Children's Court finds that the minor has been advised of his rights as set forth in Chapter VI.D.2 and he fully understands the potential consequences of his admissions and:
        1. the minor voluntarily, intelligently and knowingly admits to all facts necessary to constitute a basis for the Children's Court action under this Code;
        2. the minor has not, in his purported admission to the allegation(s), set forth facts that, if found to be true, constitute a defense to the allegation.

3. Adjudicatory Hearing Date: Upon receiving a not guilty plea at the arraignment or if the minor alleged to be a juvenile offender does not admit the allegations of the petition, the Children's Court shall set a date for a hearing which shall not be more than fifteen (15) calendar days after the minor pleads. If the adjudicatory hearing is not held within twenty (20) calendar days after receipt of the petition, the petition shall be dismissed and cannot be filed again unless:

      1. the hearing is continued upon motion of the minor;
      2. the hearing is continued upon motion of presenting officer by reason of the unavailability of material evidence or witnesses, and the Children's Curt finds that the presenting officer has exercised due diligence to obtain the evidence or witnesses, and reasonable rounds exist to believe that the material or evidence or witnesses will become available;
      3. the minor is attending school off the Reservation, and therefore is not available to appear at the hearing; or
      4. the minor was not available to receive a summons or any party listed in the next section (VI.H.4.) is not available to receive a summons.

4. Summons: At least five (5) calendar days prior to the adjudicatory hearing the Children's Court shall issue summonses to:

      1. the minor;
      2. the minor's parent(s), guardian or custodian;
      3. any person the Children's Court believes necessary for the proper adjudication of the case; and
      4. any person the minor believes necessary for the proper adjudication of the case.

A copy of the petition shall be attached to each summons.

5. Adjudicatory Hearing:

a. Purpose: The purpose of the adjudicatory hearing shall be to determine whether there is sufficient evidence to substantiate the facts alleged in the petition beyond a reasonable doubt.

b. Testimony: The Children's Court shall hear testimony concerning the circumstances which gave rise to the petition.

The Children's Court may order a psychological and/or psychiatric evaluation and/or medical examination for a minor who is alleged to be a juvenile offender.

If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reasonable ground to believe that the fingerprints are those of a minor in custody upon petition to the court he may fingerprint the minor for the purpose of immediate comparison with the latent fingerprints. Copies of the fingerprint shall be immediately destroyed if the comparison is negative.

c. Allegations sustained: If the allegations of the petition are sustained by proof beyond a reasonable doubt, the Children's Court shall find the minor to be a juvenile offender and proceed to the dispositional hearing.

I. Disposition

1. Pre-dispositional Report:

a. Report Ordered: Upon an order from the Children's Court, the juvenile probation officer shall prepare a written report describing reasonable and appropriate alternative dispositions.

b. Plan: The report shall contain a specified plan for the care of and assistance to the minor calculated to resolve the problems established at the adjudicatory hearing.

c. Explanation: The report shall contain a detailed explanation showing the necessity for the proposed plan of disposition and the benefits to the minor under the proposed plan.

d. Specific Reasons for Placement: If the recommendation is that the minor not be placed with his parent(s),guardian or custodian, the report shall contain specific reasons for not recommending placement of the minor with his parent(s), guardian or custodian.

2. Dispositional Hearing A dispositional hearing shall take place not more than ten (10) calendar days after the adjudicatory hearing unless otherwise waived by the minor with the concurrence of his parent(s), guardian or custodian or counsel.

a. Notice: Notice of the dispositional hearing shall be given to the minor and his parent(s), guardian or custodian and their counsel at least forty-eight (48) hours before the hearing.

The notice shall include a statement that the hearing is to determine the disposition of the case.

b. Hearing Topic: At the dispositional hearing, the Children's Court shall consider the pre-dispositional report submitted by the juvenile probation officer and afford the

parties an opportunity to object to the factual contents and conclusions of the report. he Childreh7s Court shall also consider alternative pre-dispositional reports prepared by the minor and his counsel, if any.

3. Disposition Options:

a. General: If the minor has been adjudged a juvenile offender the Court shall give consideration to the due regard for tribal or family customs relative to the discipline of children. Of the available options, the Court shall select that which is the leas! restrictive of the minor's freedom and is in the best interest of the minor and the Tribe.

b. Preferred Options: The following options are preferred although the Court may also adopt other dispositions.

        1. place the minor on probation subject to conditions set by the Children's Court;
        2. place the minor in the legal custody of a relative or other suitable person, with or without probation or protective supervision;
        3. commit the minor to an authorized industrial school training school, or other training or corrective institution authorized to receive Indian children;
        4. commit the minor to an institution or other facility for short-term confinement, study and/or evaluation that meets accepted standards for care and treatment of delinquent children;
        5. lace the minor on an approved ranch, forestry camp, or other camp or a similar Facility,. for care and for work, if possible, provided that the person, agency or association operating that facility has been approved by the Tribal Counci-1, or has otherwise complied with all applicable tribal, state and local laws. The minor placed in forestry camp or similar facility may be required to work on fire prevention forestation and reforestation, recreational works, forest roads, and on other works on or off the grounds of such facility and may be paid wages, all subject to the approval of, and under conditions set by the Children's Court;
        6. if the Children's Court has assurance that the responsibility to make payments will rest on the minor and not his parent(s), guardian or custodian, order that the minor make restitution for damages or loss caused by his wrongful act, and impose fines not to exceed five-hundred dollars ($500);
        7. arrange for employment or work programs to enable children to fulfill court imposed obligation and for other purposes when deemed desirable by the Children's Court;
        8. in cases of violation of traffic laws or ordinances the Children's Court may,, in addition to any other disposition restrain the minor from driving, for such period of time as the Children's Court deems necessary if necessary, take possession of the minor's driver's license; and/or require that the minor attend driver education training, and/or;
        9. order that the minor be examined or treated by a physician, surgeon, psychiatrist, medicine man, or psychologist, or that he receive other special care, and for such purposes if necessary, place the minor in a hospital or other suitable facility.

4. Time Limit: Dispositional orders are in effect for the time limit set by the Children's Court, but no order shall continue after the minor reaches the age of eighteen (18) years, unless the Children's Court continues its Jurisdiction over the minor until a tune not to exceed the minor's twenty-first (21) birthday.

5. Periodic Review: The dispositional orders shall be reviewed at the discretion of the Children's Court, but at least once every six (6) months.

6. Final Order: The dispositional order constitutes a final order for purposes of appeal.

7. Modification of Dispositional Order:

a. Reason: A dispositional order of the Children's Court may be modified upon a showing of change in circumstances

b. Motion: The Children's Court may modify a dispositional order at any time upon the motion of the following:

        1. the minor;
        2. the minor's parent(s), guardian or custodian;
        3. the juvenile probation officer; and/or
        4. the presenting officer.

c. Hearing: If the modification involves a change of custody the Children's Court shall conduct a hearing to review its dispositional order.

d. Notice: Notice in writing of the hearing shall be given to the minor, the minor's

parent(s), guardian or custodian and their counsel at least forty-eight (48) hours before he hearing.

The notice shall include a statement that the hearing is to review the disposition.

e. Review: The Children's Court shall review the performance of the minor, the minor's parent(s), guardian or custodian and the juvenile probation officer and other persons providing assistance to the minor and the minor's family.

f. Code Application: In determining modification of a disposition, the procedures prescribed in Chapter VI. I.1 and VI.I.2 shall apply.

g. Violation of court order: If the request for review of disposition is based upon an alleged violation of a court order, the Children's Court shall not modify its disposition unless it finds clear and convincing evidence of the violation.

h. Revocation of Probation or Parole: If the modification of a disposition involves revocation of probation or parole; the Children's Court shall follow Hopi Tribal Court revocation procedures.

CHAPTER VII - VIOLATIONS

A. Civil Violation

1. Any person found to have violated any provision of this section shall be assessed a civil penalty in an amount not to exceed five hundred fifty dollars ($550.00).

B. Specific Violations

1. Abandonment: Any parent(s), guardian or custodian who has been entrusted with or who has assumed the care of a minor under the age of eighteen (18) years of age who abandons a minor as these terms are defined in this Code, shall be deemed in violation of this Section.

2. Failure to Support Dependent Children: Any, anent(s), guardian or temporary custodian who shall refuse, fail or neglect to furnish food, shelter, or care to those dependent upon him shall be deemed in violation of this Section and the court may order continual reasonable support payments until the minor reaches majority.

3. Neglect: Any parent(s), guardian or temporary custodian who has been entrusted with or who has assumed the care of the minor under the age of eighteen (18) years of age who neglects a minor as these terms are defined in this Coda shall be deemed in violation of this Section.

  

FOOTNOTE:

Reference to Related Code:

A. Incorporated by reference into this Code is Ordinance #13 and the following sections of the Hopi Criminal Code (ORDINANCE #21):

3.3.2 Abductions

3.3.11 Sexual Conduct with a Minor

3.3.13 Child Molesting

3.3.14 Contributing to the Delinquency of a Minor

3.3.86 Incest

3.3.87 Abuse of a Minor

3.3.30 Failure to send Children to School

CHAPTER VIII - MISCELLANEOUS MATTERS

A. Severability

If any portion of this Code shall be ruled invalid by any Hopi Tribal court or federal court of competent jurisdiction that portion shall cease to be operative but the remainder of this Code shall continue in full force and effect.

B. Amendments

This Hopi Children's Code may be amended by resolution of the Hopi Tribal Council.

Amendments are subject to confirmation by the Secretary of Interior.

 

Ord. #

Description

Date of Tribal Action

Date of Agency Action

Date of PAD Action

21

Provides for the Establishment of Hopi Tribal Courts & for the appointment of judges; to define the jurisdiction; power & duties of tribal courts; provides for jury trials, subpoenaing witnesses; provides for representation of parties to an action; provides for a police force; establishes a tribal policy for cooperation & asst. of federal &.state governments; & provides a criminal code.

07-10-72

07-10-72
Approved

02-07-73
Approved

 

Res. H-19-74 amends Sec. 3.3.75 Traffic of Ord. 21.

03-22-74

04-30-74
Approved

05-15-74
Approved

 

Res. H-30-74 adopts rules of the Tribal Court

06-13-74

07-29-74
Approved

09-26-74
Approved

 

Adds Sec. 3.3.84 & 3.3.85 to Ord. 21.

06-14-74

10-30-74
Approved

 
 

Amends Ord. 21 in its entirety.

08-14-75

10-15-75
Disappr.

 
 

Res. H-13-76 amends Sec. 1.2.2 QUALIFICATIONS & 1.3.3 OUALIFICATIONS OF CHIEF JUDGE of Ord 21.

12-16-75

01-14-76
Approved

02-06-76

 

Res. H-54-76 amends Sec. 1.3.4 ASSOCIATE TRIAL JUDGE of Ord 21.

04-23-76

05-19-75
Approved

07-02-76
Approved

 

Res. H-68-76 amends Sec. 2.9.10 Jury Selectors, 2.9.12 Drawing of Prospective Jurors & 2.9.16 Jury Panel of Ord. 21.

06-09-76

06-25-76
Approved

07-09-76
Approved

 

Res. H-69-76 amends Sec. 2.3.9 Extradition of Ord. 21.

06-09-76

06-25-76
Approved

04-04-77
Approved

 

Res. H-36-79 adds Sec. 1.3.6 to Ord. 21.

03-01-79

03-09-79
Approved

05-25-79
Approved

 

Ord 35 supercedes Sec. 3.3.6 of Ord. 21.

03-12-81

   
 

Res. H-93-81 amends Sec. 3.3.2 Abduction., 3.3.14 Contributing to the Delinquency of a minor & 3.3.11 Sexual Conduct with a Minor & 3.3.86 Incest & 3.3.87 Abuse of a Minor to Ord. 21.

11-16-81

12-03-81
Approved

01-12-82
Approved

 

Res. H-120-83 amends Sec. 3.3.9 Burning of Ord. 21.

11-07-83

11-25-83
Approved

12-19-83
Approved

 

Res. H-68-86 deletes Sections 3.3.16 Curfew Violations & 3.3.59 Obscene Language & Signs amends Sec. 3.3.48 Public Intoxication, 3.3.21 Disorderly Conduct, 3.3.31 Persistent Nonsupport, 3.3.55 Possession Marijuana, 3.3.84 Failure to Obey Lawful order of Court & adds definitions m. "Marijuana" & n. "Toxic Vapors" to Sec. 3.1.1 Definitions.

06-11-86

06-25-86
Approved

08-26-86
Approved

 

Ord 43 replaces Sec. 3.3.29, 3.3.32, 3.3.53, 3.3.60, 3.3.68, 3.3.72, 3.3.76 of Ord 21.

03-06-89

   
 

Res. H-59-89 amends Sec. 3.2.4 Penalties of Ord. 21.

04-03-89

04-19-89
Approved

07-06-89
Approved

 

Res. H-14-90 amends Sec. 1.3.3. Qualifications of Chief Judge of Ord. 21.

01-16-90

01-26-90
Approved

04-14-90
Approved

 

Res. H-86-90 adds Sec. 2.9.20 Jury Duty Exemption to Ord. 21.

04-03-90

04-17-90
Approved

06-07-90
Approved

 

Res. H-63-91 amends Sec. 3.3.21 Disorderly conduct, 3.3.48 Intox. & 3.3.83 Possession of Alcohol/Controlled substances & adds Sec. 3.3.88 Disrupting Meetings/Ceremonies, 3.3.89 Distribution of Alcohol/Controlled Substances to Under Age 21. 3.3.90 Possession/Distrib. of Alcohol/Controlled Substances in/on/near Sch. Youth Ctrs, 3.3.91 Disturbing Relig. or Ceremonial Mtgs. & 3.3.92 Entering Kivas or Ceremonial Areas Under Influence to Ord. 21. (Repealed by Res. H-136-91on 5/8/91.)

02-26-91

03-13-91
Approved

Repeal by Res.
H-136-91

 

Res. H-92-91 amends Sec. 1.7.1 Jurisdiction -Civil of Ord 21.

03-26-91

04-05-91
Approved

05-13-91
Approved

 

H-117-91 enacts new Sec. 1.2.8 (Certif. Question of Hopi Law).

04-22-91

06-28-91
Disappr.

10-04-91
Disappr.

 

Res. H-136-91 amends Sec. 3.3.21: Disorderly Conduct, 3.3.48 Intoxication & 3.3.83 Possession of Alcohol or Controlled Substances. Simple Possession & adds Sec. 3.3.8 Disrupting Mtgs., Processions & Ceremonies, 3.3.89 Distribution of Alcohol or controlled Substances to Parsons Under Age 21, 3.3.90 Possession or Distribution of Alcohol or Controlled substances in, on. or Near Schools, Playgrounds & Youth Centers, 3.3.91 Disturbing Religious or Ceremonial Mtgs. & 3.3.92 v Entering Kivas. Ceremonial Bldgs. or Ceremonial Areas Under; the Influence of Alcohol or Ord. 21. (Repeals Res. H-63-91.)

05-08-91

05-24-91
Approved

06-03-91
Approved

 

H-252-91 amends Sec. 3.3.83(d) & 3.3.90(a) effective 8-6-91.

09-23-91

10-28-91
Approved

11-07-91
Approved

 

H-82-92 reenacts H-117-91 which approved the addition of Sec. 1.2.8, Certified Question of Law.

09-23-92

10-05-92
Approved

10-30-92
Approved

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