Mescalero Apache Tribe of the Mescalero Reservation, New Mexico - Tribal Code

Dated: Various

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Table of Contents

Children's Code. (Adopted June 25, 2007) (44 pgs).
Ordinance 07-16
Section 1. Scope.

11-1-1. Purpose
11-1-2. Policy.
11-1-3. Short Title.
11-1-4. Construction.
11-1-5. Definitions.

Section 2. Jurisdiction.

11-2-1. Jurisdiction.
11-2-2. Jurisdiction over certain pregnant women.
11-2-3. Transfer of cases to the Children's Court from the general Tribal Court.
11-2-4. Transfer of serious cases to the general Tribal Court.
11-2-5. Transfer of other cases to the general Tribal Court.
11-2-6. Transfer of cases to other courts from the Children's Court.
11-2-7. Concurrent jurisdiction and violations of probation or protective supervision.
11-2-8. Continuance of jurisdiction.
11-2-9. Termination of jurisdiction.

Section 3. Powers and duties

11-3-1. Powers and duties of the Children's Court.
11-3-2. Annual reports.
11-3-2. Consultations with experts in certain areas.

Section 4. Court Personnel, appointment, and duties.

11-4-1. Appointment of officers.
11-4-2. Judge.
11-4-3. Probation officers.
11-4-4. Clerk.
11-4-5. Presenting officer.
11-4-6. Advocate for the parent, guardian, or caretaker or other involved party.
11-4-7. Advocate for the child.
11-4-8. Advocates and privileged communications.
11-4-9. Child advocacy standards.
11-4-10. Confidentiality of proceedings and related information.

Section 5. Court procedure.

11-5-1. Proceedings.
11-5-2. General rules of procedure.
11-5-3. Professional attorneys.
11-5-4. Proceedings and orders not criminal in nature.
11-5-5. Filing fees, witness fees, and other expenses.
11-5-6. Records to be kept, accessibility.
11-5-7. Social investigations.
11-5-8. Hearings, no jury.
11-5-9. Access to hearings.
11-5-10. Hearings and separate questioning of certain parties.
11-5-11. Hearings and evidence.
11-5-12. Consolidation of proceedings.
11-5-13. Amendment to proceedings and continuances.
11-5-14. Special rules of procedure, fish and game, and boating violations.
11-5-15. Presence of parent(s) and appointment of advocate for the child.
11-5-16. Grounds for re-hearing.

Section 6. Judgments, orders, and appeals.

11-6-1. Finality of judgments and appeals.
11-6-2. Appeals procedure.
11-6-3. Stay and pending appeal.
11-6-4. Effectiveness of judgments.
11-6-5. Termination of orders vesting legal custody or care, custody, and supervision and renewals.
11-6-6. Orders, modifications, and requirements.
11-6-7. Orders terminating probation or protective supervision, notice.
11-6-8. Refusal to obey and order and contempt.
11-6-9. Payment of fines and penalties.

Section 7. Service of process, search warrants, and subpoenas.

11-7-1. Summons, when required.
11-7-2. Summons, content, requirements.
11-7-3. Immediate custody of child.
11-7-4. Emergency medical treatment.
11-7-5. Compulsory attendance of witness.
11-7-6. Service, by whom served.
11-7-7. Manner of service.
11-7-8. Service, time requirements.
11-7-9. Search and siezure warrants.
11-7-10. Failure to appear and contempt.
11-7-11. Subpoenas.
11-7-12. Orders restraining conduct.
11-7-13. Arrest of parent(s), guardian, or caretaker or a child.

Section 8. Juvenile justice.

11-8-1. Arrest of a child
11-8-2. Notification of parent(s), guardian, or caretaker of release of child.
11-8-3. Detention of child.
11-8-4. Detention and duty to report.
11-8-5. Restrictions on detention.
11-8-6. Detention or release at the discretion of the judge.
11-8-7. Petitions and commencement of proceedings.
11-8-8. Preliminary inquiry.
11-8-9. Petitions, content.
11-8-10. Verification of petitions.
11-8-11. Petitions, dismissal.
11-8-12. Motor vehicle violations.
11-8-13. Informal adjustment of behavior.
11-8-14. Consent decree.
11-8-15. Rights of the child.
11-8-16. Double jeopardy.
11-8-17. Findings of jurisdiction.
11-8-18. Disposition of a case.
11-8-19. Examinations.
11-8-20. Hospitalization or commitment of a mentally ill child.
11-8-21. Termination of parental rights.
11-8-22. Other disposition of cases.

Section 9. Child welfare.

11-9-1. General duty to report child abuse and neglect.
11-9-2. Persons specifically required to report and the nature of such report.
11-9-3. Privileged communications and the duty to report.
11-9-4. Penalty for not reporting.
11-9-5. Procedures for suspected child abuse or neglect in emergency or life-threatening situations.
11-9-6. Emergency placement hearings.
11-9-7. Determination of the need for immediate chage of dwelling.
11-9-8. Evaluation and treatment of child, parent, guardian, or caretaker.
11-9-9. Verification of child abuse or neglect reports where child appears to not be in immediate danger.
11-9-10. Commencement of actions, petitions and preliminary inquiry.
11-9-11. Petitions, content.
11-9-12. Verification of petitions.
11-9-13. Petitions and probation officers.
11-9-14. Petitions and temporary custody.
11-9-15. Petitions, dismissal.
11-9-16. Examinations.

Section 10. Placement, custody, and care, control, and supervision of children

11-10-1. Child placement policy.
11-10-2. Parent's preferred right to custody.
11-10-3. Restrictions on placement.
11-10-4. Placement priorities.
11-10-5. Placement preference for least restrictive and culturally appropriate setting.
11-10-6. Child abuse and the perpetrator's residence.
11-10-7. Proceedings to return custody to parent or guardian.
11-10-8. Limitations on parent's right to regain custody.
11-10-9. Duties and restrictions of an individual with legal custody.
11-10-10. Care, control, and supervision preferred.
11-10-11. Duties and restrictions of an agency with legal custody.
11-10-12. Modification and revocation of custody orders.
11-10-13. Intergovernmental agreements and placement of children with agencies or institutions.
11-10-14. Case plan.
11-10-14. Disposition orders.
11-10-15. Disposition and review hearing.
11-10-16. Permanency planning hearing.

Section 11. Termination of parental rights.

11-11-1. Termination of parental rights.
11-11-2. Parental rights, grounds for termination.
11-11-3. Standard of proof.
11-11-4. Procedure for terminating parental rights.
11-11-5. Parental rights, order terminating and appeals.
11-11-6. Disposition after termination of parental rights.
11-11-7. Parental rights, rights of non-terminated parent.
11-11-8. Parental rights, voluntary surrender.

Section 12. Implementation of Indian Child Welfare Act.

11-12-1. Receipt of notice.
11-12-2. Order declaring that the Tribe is an interested party.
11-12-3. Investigation report and request for transfer.
11-12-4. Motion to intervene.
11-12-5. Petition for transfer.
11-12-6. Hearings upon grant of transfer request by state court.

Additional ordinances in NILL's collection:

Ordinance no. 82-2. Hunting and fishing proclamation. (1982). (10 pgs).
Section IV. 1982 public hunt, Mescalero Apache Reservation.  Special hunts.  General provisions - applicable to general public.  Hunting and trapping of predatory animals on the Mescalero Apache Reservation.  Fishing regulations.

Ordinance no. 77-1. [Hunting and fishing]. (1977). (2 pgs).

Ordinance no. 70-2. [Disposal of refuse]. (1970). (2 pgs).