Ysleta del Sur Pueblo Code of Laws

Section 5.1. Purpose.

This Youth Code shall be liberally interpreted and construed to fulfill the following expressed purposes:

(A) To preserve and retain the unity of the family whenever possible and to provide for the care, protection, and wholesome mental and physical development of children coming within the provisions of this Article;

(B) To recognize that alcohol and substance abuse are both preventable and treatable;

(C) To provide a program of supervision, care, and rehabilitation for children in need of care consistent with the protection of the Ysleta del Sur Pueblo community;

(D) To achieve the purposes of this Article in a family environment whenever possible, separating the child from the child's parents only when necessary for the child's welfare or in the interests of public safety;

(E) To provide appropriate dispositional options for treatment and rehabilitation of children in need of care and for their families;

(F) To provide a forum where an Indian child charged to be "delinquent" or a "status offender' in other jurisdictions may be referred for adjudication and/or disposition.

Section 5.2. Jurisdiction.

Tribal Court has exclusive original jurisdiction over all proceedings established in this Article in which any child resides or is domiciled on the reservation or is an enrolled member residing or is domiciled in El Paso or Hudspeth Counties and is a child in need of care.


Section 5.3. Definitions.

As used in this Article, the following terms have the following meanings except where otherwise specifically provided or unless the context otherwise requires:

(A) "Adjudicatory Hearing" means a proceeding in the Tribal Court to determine whether a child is in need of care.

(B) "Adult" means an individual who is eighteen (18) years of age or older.

(C) "Child" means an individual who is less than eighteen (18) years old. "Child" may otherwise be known or referred to as a "minor," "youth" or "juvenile."

(D) "Child in need of care" means a child who

1. violates any provision of the Peace Code of the Ysleta del Sur Pueblo, or any criminal laws of the State of Texas or of the United States of America;

2. abuses drugs or alcohol;

3. is a member of a gang or engages in gang related activities;

4. while subject to compulsory school attendance, is absent from school without justification in an amount which is equal to one-half the number of unexcused absences permitted by the local school district in which the child is enrolled;

5. is a member of a family wherein there is a break-down in the relationship between the child and his parents, guardian or custodian which presents a clear and substantial danger to the life or health of any member of the family.

6. has repeatedly run away from home;

7. continually and habitually disobeys the reasonable and lawful demands of his parent, guardian or custodian and is beyond parental control; or

8. has engaged in conduct otherwise prohibited to children and who custodian fails to correct or regulate such conduct.

(E) "Consent Decree" means Court order which suspends a "child in need of care" proceeding prior to adjudication and continues the child or the family under supervision under terms and conditions negotiated and agreed to by all parties.

(F) "Curriculum Change" means but is not necessarily limited to: (a) a change in a child's instructor, if available; (b) a change in the scheduling of a child's classes, if available; (c) reassignment of a child into another class section, if available; (d) a change in the content of a child's course of instruction, if available; and (e) a change in the child's school, if available.

(G) "Custodian" means person, other than a parent or guardian, to whom legal custody of the child has been given.

(H) "Department of Social Services" means the Department of Social Services for the Ysleta de Sur Pueblo.

(I) "Dispositional Hearing" means a proceeding to determine how to resolve a case after it has been determined at the adjudicatory hearing that the child is in need of care.

(J) "Domicile" means a person's permanent home, legal home or main residence. The domicile of a child is generally that of the custodial parent or guardian. Domicile includes the intent to establish a permanent home or where the parent or guardian considers to be the permanent home. Domicile for purposes of jurisdiction is established at the time of the alleged acts.

(K) "Gang" means a group of individuals, recognizable by its own members and others, who create an atmosphere of fear and intimidation and either engage in acts injurious to the public health and morals of Ysleta del Sur Pueblo or engage in gang-focused criminal activity on an individual or collective basis.

(L) "Guardian" means a person assigned by a court of law, other than a parent, having the duty and authority to provide care, shelter, and control of a child.

(M) "He/His" The use of he/his means he or she, his or her, and singular includes plural.

(N) "Parent" means a natural or adoptive parent, but does not include persons whose parental rights have been legally terminated, nor does it include the unwed father whose paternity has not been acknowledged or established

(O) "Probation" means a legal status created by Court Order or Consent Decree following adjudication involving a Child in Need of Care petition, whereby the child is permitted to remain in the home under prescribed conditions and under supervision by a person designated by the Court and is subject to return to the Court for further proceedings due to violation or modification of any of the conditions prescribed.

(P) "Restitution" means financial or other reimbursement by the child or the child's family to the victim, and is limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric and psychological treatment for injury to persons, and lost wages resulting from injury, which are a direct and proximate result of the child's act. Restitution does not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses.

(Q) "Tribal Council" means the governing Tribal Council of Ysleta del Sur Pueblo.

Section 5.4. Youth Counselor or Probation Officer.

A. The Court may use trained Ysleta del Sur Pueblo workers assigned to serve as social workers, counselors and youth probation officers. When assigned by the Court or Tribal Council, these workers are responsible to the Judge.

B. The Court may appoint any such social worker, counselors, or youth probation officer to any case before the Court and any such officer shall carry out the following duties:

1. Make preliminary inquiries and such other investigations as the Court or this Code may direct;

2. Keep written records of all investigations;

3. Make reports to the Court as provided in this Code or as directed by the Court;

4. Explain to the child and his parent(s) guardian or custodian, the conditions of Court ordered supervision, including consent decrees, probation, counseling, treatment, or any other Court ordered dispositions immediately upon the placing or ordering of the Child and or parent(s) to such conditions of the Court.

5. Keep informed of the conduct and condition of each child in custody or under protective supervision and report thereon to the Court,

6. Supervise and assist a child placed on probation under his supervision by the Court;

7. Perform such other duties in connection with the care, custody or transportation of a child as the Court may require;

8. File petitions to extend, modify or revoke probation when he has reasonable cause to believe that the child has violated the conditions of probation or supervision.

(C) Such officers will be familiar with and abide by any applicable Ysleta del Sur Pueblo, customs, ways, traditions and laws of Ysleta del Sur Pueblo.


Section 5.5. Relations With Other Agencies.

5.5.10. Cooperation and Grants. The Tribal Court is authorized to cooperate fully with any federal, state, tribal, public or private agency in order to participate in any diversion, rehabilitation or training program(s) and to receive grants-in-aid to carry out the purposes of this Article. This authority is subject to the approval of the Tribal Council if it involves an expenditure of Tribal funds.

5.5.20. Use of Social Services Agencies. The Tribal Court shall utilize social services as may be furnished by any Tribal, federal, or state agency provided that it is economically administered without unnecessary duplication and expense; and,

5.5.30. Transfers. The Tribal Court may accept or decline transfers from other states or tribal courts involving alleged delinquent children or alleged status offenders for the purposes of adjudication and/or disposition.

Section 5.6. Youth Court Procedure.

5.6.10. Non-Criminal Proceedings. No determination that a child is need of care shall be deemed criminal or be deemed a conviction of a crime.

5.6.20. Conflict in Rules. To the extent that any provision of this Youth Code conflicts with any other provision of Article 2, the Judicial Code, the provision of this Youth Code shall control. In all other respects, the provisions Article 2 shall govern proceedings involving a child in need of care.

5.6.30. Parties of Proceedings. In all "Child in Need of Care" cases, the person(s) having legal custody of the child alleged to be in need of care shall be parties in the proceeding along with the child.

5.6.40. Performance and Non-Performance of Adjudication. The Court shall have the power to enter orders compelling the performance or nonperformance of certain acts by the child adjudicated to be in need of care as well as the person(s) having legal custody of the child.

5.6.50. Contempt of Court. The Court may treat the refusal to obey any of its orders by any party in a "child in need of care" proceeding as contempt of court punishable by a fine not to exceed five thousand dollars.

Section 5.7. Rights of Parties.

5.7.10. Privilege Against Self-Incrimination. A child alleged to be in need of care shall be accorded and advised of the privilege against self-incrimination and shall not be questioned without the child's representative being present except to determine identity, to determine the name(s) of the child's parent or legal custodian, or to conduct medical assessment or treatment for alcohol or substance abuse when the child's health and well-being are in serious jeopardy.

5.7.20. Right to Retain Counsel. In child in need of care cases, the child and his parent, guardian or custodian shall be advised by the Court and/or its representative that the child may be represented by counsel at all stages of the proceedings.

5.7.30. Explanation of Rights. At his first appearance before Tribal Court, and at each subsequent appearance before the Court, the child alleged to be in need of care and the child's parent, guardian or custodian shall be informed by the court of the following:

(A) the allegations against him;

(B) the right to an advocate or attorney at his own expense;

(C) the right to testify or remain silent and that any statement made by him may be used against him;

(D) the right to cross-examine witnesses:

(E) the right to subpoena witnesses on his own behalf and to introduce evidence on his own behalf; and,

(F) the possible consequences if the allegations in the petition are found to be true.

Section 5.8. Initiation of Proceedings.

5.8.10. Who May File. A Petition stating that a child is "in need of care" may be filed by the child; the child's parent, guardian or custodian; the Department of Social Services; and/or the Chief of Tribal Police. A Petition stating that a child is habitually and without justification absent from school may also be submitted by an authorized representative of a local school board, governing authority of a private school or the Ysleta del Sur Pueblo Education Director, but only if the request is accompanied by a declaration in which the authorized representative swears that the school has complied with each of the steps set forth herein.

5.8.20. Referral to Department of Social Services. A Petition stating that a child is in need of care" shall be referred to the Department of Social Services unless the Department filed the Petition. The Department shall assist either a child or a child's parent, guardian or custodian in obtaining appropriate and available services as well as assisting in any subsequent filing of a Petition alleging that the child is "in need of care".

5.8.30. Duty To Report. Persons who have reasonable cause to suspect that a child is a Child in Need of Care shall report it or make a referral to the Ysleta del Sur Pueblo Social Services or Tribal Police Departments. Those Departments shall in turn conduct a preliminary inquiry to determine of the child meets the criteria if a Child in Need of Care as set out in Section 5.3 D. If so, a petition must be filed with the Court.

5.8.40. Withdrawal of Petition. The Court will consider a motion to withdraw the petition stating that a child is "in need of care" from the submitting party at any time prior to adjudication.

5.8.50. Petition - Form and Contents. A Petition alleging that a child is "in need of care" shall be entitled, "In the Matter of ___________, a child," and shall set forth with specificity:

(A) the name, birth date and residence address of the child and whether the child is the complainant or respondent in the proceedings;

(B) the name and residence address of the parents, guardian or custodian of the child whether the parents, guardian or custodian are the complainant or respondent in the proceedings;

(C) that the child is a "child in need of care;"

(D) a plain and concise statement of facts upon which the allegations are based, including the date, time, and location at which the alleged acts accused;

(E) if applicable, a citation to the provision of the Tribe's Peace Code or the provision of the criminal statute of the State of Texas or of the United States of America which the child is alleged to have violated;

(F) that Court intervention is necessary to secure services which are accessible to the Court; and,

(G) any additional required allegations set forth herein.

5.8.60. Petition - Additional Required Allegations for School Absence. In addition to the allegations required under subsection (D), a Petition alleging that a child is habitually and without justification absent from school shall also allege the following:

(A) that the school and a child's parent, guardian or custodian have held a meeting or the child's parent, guardian or custodian has refused to attend a meeting to discuss the child's habitual and unjustified absence from school;

(B) that the school has provided an opportunity for counseling to determine whether a curriculum change would resolve the child's problem and if the local school board or governing authority of a private school provides an alternative education program, that the child has been provided with an opportunity to enroll in the alternative education program;

(C) that the school has conducted a review of the child's educational status which may include medical, psychological and/or educational testing of the child in accordance with the school regulations to determine whether learning problems may be a cause of the child's absence from school, and, if so, what steps have been taken to overcome the learning problems;

(D) that the social worker or other appropriate official of the child's school has conducted an investigation to determine whether social problems may be a cause of the child's absence from school and, if so, that appropriate action has been taken; and,

(E) that the school has sought assistance from appropriate agencies and resources available to the local school board or private school, or has referred the matter to a local social services agency for the purpose of utilizing and coordinating such agencies and resources.

5.8.70. Petition Additional Required Allegations for Breakdown in the Parent-Child Relationship. In addition to the allegations required under subsection (D), a Petition alleging that there is a breakdown in the parent-child relationship shall also allege that the filing of the Petition was preceded by complying with each of the following that are applicable and appropriate:

(A) the child and his family have participated in counseling or either the child or his family has refused to participate in family counseling;

(B) the child has been placed in the home of a relative, if available, or the child has refused placement in the home of a relative; and,

(C) the child has sought assistance at an appropriate juvenile shelter care facility for runaways or the child has refused assistance from such facility.

5.8.80 Summons in a Family In Need of Services Proceeding. After a Petition alleging that a child is "in need of care" has been filed, summonses shall be issued directed to the child, the child's parent, guardian or custodian, their counsel and to such other persons as the Court considers proper or necessary parties.

5.8.90. Content of the Summons. The summons shall contain the name of the Court, the title of the proceedings, and the date,, time, and place of the adjudicatory hearing. The summons shall also advise the parties of their applicable rights under Section 5.7.30 of this Article. A copy of the Petition shall be attached to the summons.

5.8.95. Service of the Summons. The summons shall be served upon the parties at least five (5) days prior to the hearing. The summons shall be delivered personally by a law enforcement official or appointee of the Court. If the summons cannot be delivered personally, the Court may deliver it by certified mail. If the summons cannot be delivered by certified mail, it may be by publication. A party may waive service of summons by written stipulation or by voluntary appearance at the hearing.


Section 5.9. Consent Decree.

5.9.10. Availability of Consent Decree. At any time after the filing of a Petition alleging that a child is "in need of care," and before the entry of a judgment, the Court may, on motion of the Department of Social Services, the Chief of Tribal Police, the Probation Officer, or that of the child, his parents, guardian or custodian, or their counsel, suspend the proceedings and continue the child and/or family under supervision under terms and conditions negotiated and agreed to by all the parties affected. The Court's order continuing the child and/or family under supervision under this subsection shall be known as a consent decree."

5.9.20. Court Determination of Appropriateness. The Court shall proceed to determine whether it is appropriate to enter a consent decree and may, in its discretion, enter the consent decree.

5.9.30. Duration of Consent Decree. A consent decree shall remain in force for six months unless the child and/or family is discharged sooner by the Court. Prior to the expiration of the six months period, and upon the application of the Chief of Tribal Police, Probation Officer, or any other agency supervising the child and/or family under a consent decree, the Court may extend the decree for an additional six months in the absence of objection to extension by the child or his parents, guardian or custodian. If the child or his parents, guardian or custodian objects to the extension the court shall hold a hearing and make a determination on the issue of extension.

5.9.40. Failure to Fulfill Terms and Conditions. If, either prior to discharge by the Court or expiration of the consent decree, the child or his parents, guardian or custodian fail to fulfill the express terms and conditions of the consent decree, the Petition under which the child and/or family was continued under supervision may be reinstated in the discretion of the Court. In this event, the proceeding on the Petition shall be continued to conclusion as if the consent decree has never been entered.

5.9.50. Dismissal of Petition. After a family is discharged by the Court or completes a period under supervision without reinstatement of the Petition alleging that the child is in need of care, the Petition shall be dismissed.

Section 5.10. Hearings and Predisposition.

5.10.10. Conduct of Hearings. "Child in need of care" hearings shall be conducted by the Court separate from other proceedings. At all hearings, the child and the child's parents, guardian or custodian shall have the applicable rights listed in Section 6.03 of this Article. The general public shall be excluded from the proceedings. Only the parties, their counsel, witnesses, and other persons requested by the parties shall be admitted.

5.10.20. Notice of Hearings. Notice of all "child in need of services" hearings shall be given to the child, the child's parent, guardian or custodian, their counsel, and any other person the Court deems necessary for the hearing at least five (5) days prior to the hearing.

5.10.30 Adjudicatory Hearing. The Court, after hearing all of the evidence bearing on the allegations contained in the Petition shall make and record its findings as to whether the child is a "child in need of care." If the Court finds on the basis of clear and convincing evidence that the child is a "child in need of care," the Court may proceed immediately or at a postponed hearing to make disposition of the case. If the Court does not find that the child is a "child in need of care" it shall dismiss the Petition.

5.10.40. Predisposition Studies Reports and Examinations. The Court may order any appropriate predisposition study, report or examination.

5.10.50. Predisposition Study and Report. The Court may direct the Department of Social Service to prepare a written predisposition study and report for the Court concerning the child, the child's family, environment, and any other matter relevant to need for treatment or other appropriate disposition of the case.

5.10.60. Contents of Predisposition Study and Report. The report shall contain a specific plan for the child aimed at resolving 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 child under the proposed plan. Preference shall be given to the dispositional alternatives, which are least restrictive of the child's freedom and are consistent with the interests of family unity and of the community.

5.10.70. Medical Assessment and Treatment for Alcohol or Substance Abuse. The Court may order a medical assessment a child in cases involving alcohol or substance abuse to determine the mental or physical state of the child so that appropriate steps can be taken to protect the child's health and well being.

5.10.80 Pre-Disposition Examination. The Court may Order an examination of a child adjudicated "in need of care" by a physician, psychiatrist or psychologist. The examination shall be conducted on an outpatient basis unless the Court finds that placement in a hospital or other appropriate facility is necessary. The Court may also order the examination by a physician, psychiatrist or psychologist of a parent or custodian and whose ability to care for or supervise a child is an issue before the Court at the dispositional hearing.

5.10.90. Transfer for Diagnosis. The Court may order that a child be transferred to an appropriate facility for a period of not more than sixty (60) days for purposes of diagnosis with direction that the Court be given a written report at the end of that period indicating the disposition which appears most suitable.

5.10.95 Submission of Reports. Evaluations, assessment, dispositional reports and other material to be considered by the Court shall be submitted to the Court and to the parties no later than three (3) days before the scheduled hearing date.

Section 5.11. Disposition Hearing.

5.11.10. Disposition Hearing. In that part of the hearing on dispositional issues all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the Court and may be relied upon to the extent of its probative value even though not competent had it been offered during the part of the hearings on adjudicatory issues. The Court shall consider any predisposition report, physician's report or social study it may have ordered and afford the child, the child's parent, guardian or custodian and the child's counsel and opportunity to controvert the factual contents and conclusions of the report(s). The Court shall also consider the alternative predisposition report or recommendations prepared by the child or the child's counsel if any.

5.11.20. Disposition Alternatives. If the Court finds that a child is a "child in need of care," the Court may make and record any of the following orders of disposition, giving due weight to the need to preserve the unity of the family whenever possible:

(A) permit the child to remain with his parent, guardian or custodian subject to those conditions and limitations the Court may prescribe and under supervision by a person designated by the Court, subject to return to the Court for further proceedings due to violation of any of the conditions prescribed;

(B) referral of the child and his parents, guardian or custodian to an appropriate social services agency for participation in parenting skills training; youth or child coping skills training, counseling, alcohol substance abuse counseling or other treatment program as ordered by the Court;

(C) place the child in the legal custody of a relative or other suitable person, subject to such terms and condition as the Court may prescribe;

(D) order the Child a temporary ward of the Court, under the direct care and supervisions of the Ysleta del Sur Pueblo Social Services Department;

(E) place the child in a juvenile or health-care facility designated by the Court and order the parents of consent to such placement;

(F) order the child and his parents to pay restitution;

(G) order the child and his parents to perform community service subject to such terms and condition as the Court may prescribe;

(H) order the child and his parents to pay costs of court; and,

(I) such other disposition as the Court finds just and proper.

5.11.30. Restriction on Dispositional Placements. The child shall not be confined in an institution established for the care and rehabilitation of "juvenile offenders" nor committed or transferred to a penal institution or other facility used for the execution of sentences of persons convicted of crimes.

5.11.40. Modification, Revocation or Extension of Disposition Order. The Court may hold a hearing to modify, revoke or extend a disposition order at any time upon the motion of:

(A) the child;

(B) the child's parent, guardian, or custodian;

(C) the child's counsel;

(D) the Probation Officer;

(E) the Chief of Tribal Police;

(F) the Department of Social Services;

(G) the institution, agency or person vested with legal custody of the child or responsibility for protective supervision; or,

(H) the court on it own motion.

5.11.50 Termination of Disposition Order. Any disposition order concerning a "child in need of care" shall remain in force for a period not to exceed six (6) months unless extended by the Court, after notice and hearing. The disposition order concerning a child who is found to be "in need of care" shall also automatically terminate when the child reaches his eighteenth (18th) birthday or is legally emancipated by the Court.


Section 5.12. Records.

5.12.10. Court Records. A record of all hearings under this section shall be made and preserved. All records shall be confidential and shall not be open to inspection to any but the following:

(A) the child;

(B) the child's parent' guardian or custodian;

(C) the child's counsel;

(D) court personnel directly involved in the handling of the case; and,

(E) any other person by order of the Court, having a legitimate interest in the particular case or the work of the Court.

5.12.20. Law Enforcement Records. All law enforcement records concerning a child shall be confidential and shall not be open to inspection to any but the following:

(A) the child;

(B) the child's parent' guardian or custodian;

(C) the child's counsel;

(D) law enforcement personnel directly involved in the handling of the case;

(E) the court personnel directly involved in the handling of the case; or,

(F) any other person by order of the Court, having a legitimate interest in the particular case or the work of the Court.

Section 5.13. Confidentiality and Disclosure.

5.13.10. Consent of Disclosure. The Court if deems necessary may order a consent of disclosure of confidential counseling or substance abuse treatment information or other referring agency for the purpose of monitoring court ordered treatment services. The information disclosed may include treatment attendance, prognosis, compliance, school attendance and progress or other relevant monitoring criteria.

5.13.20. Disclosure Pertinent to Case. Disclosure of the confidential information may be made only as necessary for and pertinent to hearings and/or reports concerning the involved case. Disclosure involving substance abuse clients is required to act in accordance with Part 2 of Title 42 Code of Federal Regulations.


Section 5.14. Appeals.

5.14.10. Who Can Appeal. Any party to a Court hearing may appeal a final Court order, including all transfer, adjudication and/or disposition orders.

Section 14.20. Time Limit for Appeal. Any party desiring to appeal a final Court order or disposition shall file a written notice of appeal with the Court within ten (10) days of the final order or disposition.

5.14.30. Record. For purposes of appeal, a record of proceedings shall be made available to the child, his parent, guardian or custodian, and the child's counsel. Costs of obtaining this record shall be paid by the party seeking the appeal.

5.14.40. Stay of Appeal. A final Court order may be stayed by such appeal.

5.14.50. Conduct of Proceedings. All appeals shall be conducted in accordance with Article 2, the Judicial Code, so long as those provisions are not in conflict with the provisions of this Youth Code.

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