Tribe: Fort McDowell Yavapai Nation
Sec. 11-56. – Notice of Truancy and Fines.
A.Whenever the Truancy Officer finds or observes a child outside of school during regular schools hours or information comes to the Truancy Officer from a school or other source that a child is not attending school during regular school hours without good cause, the Truancy Officer shall serve by regular mail on the parent or guardian written notice of such truancy and that such truancy violates Tribal law. Upon the first notice of violation to the parent or guardian, the parent or guardian shall have the option of participating in the truancy diversion program operated by the Nation. The parent or guardian that does not opt to participate in the truancy diversion program shall be assessed a fine as provided in this section. Failure of the parent or guardian to successfully participate in and complete the truancy diversion program shall result in the parent or guardian being penalized a mandatory fine of Fifty Dollars ($50.00) per child per day of absence from school. The first notice shall also inform the parent or guardian that a second violation will result in the parent or guardian being penalized a mandatory fine of One Hundred Dollars ($100.00) per child per day of absence from school.1.Notice of the truancy violation shall also be given to the truant child and shall require the child to attend a truancy diversion program operated by the Nation.2.In the event the truant child does not successfully complete the truancy diversion program, a fine will be assessed the truant child in accordance with this article.B.A second violation of this law within a twelve (12) month period shall result in the Truancy Officer serving by regular mail on the parent or guardian written notice of such truancy and the imposition of a fine of One Hundred Dollars ($100.00) per child per day of absence from school.C.A third violation of this law within a twelve (12) months period shall result in:1.The Truancy Officer serving by regular mail on the parent or guardian written notice of such truancy and the imposition of a fine of One Hundred Fifty Dollars ($150.00) per child per day of absence from school.2.Truancy Officer shall make a report to Child Protective Services (CPS) for an assessment regarding neglect of children, incorrigibility, or other issues of dependency in the household. The assessment will evaluate the family situation and may require further intervention and referrals to other resources. The CPS will determine the need for further assistance. A determination of “substantiated” or “unsubstantiated” will be reported back to the Truancy Officer.D.Subsequent violations of this law within twelve (12) months period shall result in the Truancy Officer serving by regular mail on the parent or guardian written notice of such truancy and the imposition of a fine of not less than Two Hundred Dollars ($200.00) per child per day of absence from school.E.In the event fines are not paid within fourteen (14) days from the date the parent or guardian is served notice pursuant to this Section 11-56, the Fort McDowell Finance Department is authorized to deduct the amount of said fine from any Tribal benefit that may be due and payable to the parent or guardian including, but not limited to, salary and per capita payments subject to the following restrictions: not more than eight (8) percent may be deducted from a parent or guardian’s gross monthly per capita distribution and not more than eight (8) percent may be deducted from a parent or guardian’s gross pay check. No restrictions shall apply to the other Tribal benefits. Deductions set forth in this Subsection (e) shall continue in effect until the entire amount of said fine(s) have been paid in full.1.Where the parent or guardian is employed by a subordinate economic enterprise of the Nation, the Finance Department is authorized to order the enterprise to deduct the amount of said fine from the parent or guardian’s pay check pursuant to the requirements in Subsection (e) and the enterprise is required to comply with such order.F.In the event that fines are imposed as the result of this Article V where the truant child is fourteen (14) years or older, an amount equal to that assessed against the parent or guardian shall be withheld and forfeited back to the Nation from any future scheduled payment to the child’s per capita minor’s account. The notice criteria applicable to parents and guardians set forth in this Section 11-56 shall also apply to the imposition of fines against truant children as set forth in this Subsection (f). Upon notice from the Truancy Officer, the Fort McDowell Finance Department is authorized to withhold from any future scheduled payment to a child’s per capita minor’s account pursuant to this Subsection 11-56 (f). The withheld amount shall be placed into the Nation’s general fund and used to offset the cost of operating the Truancy Diversion Program and enforcing the Truancy Ordinance. The withholding of a child’s per capita funds pursuant to Subsection (f) shall not create a claim for damages arising or resulting from the withholding of such funds. The Truancy Office may impose community service requirements for children thirteen (13) years of age and older.G.In order for parents and guardians to receive per capita payments or any other Tribal benefits, and for per capita payments to be deposited into the minor’s account of an eligible child, parent and guardians must execute a written release that allows their child’s school to provide any and all attendance and grade records to the Fort McDowell Education Department.H.The imposition of fines and civil penalties in this Ordinance may be imposed joint and severable against the parents or guardians of truant children.I.In instances where the Truancy Officer is unable to reasonably locate the parent, guardian and/or child to serve notice upon such individual(s) as required herein, service of notice may occur by the Truancy Officer attaching written notice to the front door of the home, house, or dwelling for which the person or child is last known to reside at.