Tribe: Pueblo of Isleta
31-06-15.
A.
Consent Decree; Purpose; Conference
A Consent Decree is defined as providing opportunities for parents who would otherwise
face formal processing in the court system so that they can avoid an adjudication and a finding of
abuse and neglect on their record. This allows the parents and opportunity to engage in an
alternative program, including treatment when appropriate.
B. At any time after the filing of an action pursuant to this Code and before the entry of
Judgment, the Court may suspend the action and permit the parties to enter into a Consent
Decree. The Court may Order any provision it deems appropriate to fulfill the intent of the code
and the best interest of the child.
C. Upon an admission by the respondent as to one or all of the allegations contained within a
petition, the court may enter a consent decree at the recommendation of the Department, that
places the respondent under Department supervision for a period not to exceed six (6) months
under conditions approved by the court. As part of a consent decree, the parties may agree to an
extension of the consent decree not to exceed an additional six (6) months. D. The Child welfare attorney or the Isleta Social Services Director may move the court for an
order extending the original consent decree for a period not to exceed six (6) months from the
expiration of the original decree. The motion for extension shall be filed prior to the expiration of
the original decree. If the respondent objects to the extension, the court shall hold a hearing to
determine if the extension is in the best interests of the respondent, the child and the public.
E. If, prior to discharge by the Department or the expiration of the consent decree, whichever
occurs earlier, the respondent allegedly fails to fulfill the terms of the decree, the Child welfare
attorney or Isleta Social Services Director may file a petition to revoke the consent decree. If the
Consent Decree is revoked, the matter shall return to Court in the same procedural posture in
which it was suspended.
F.
Upon a finding that the respondent violated the terms of their consent decree, the
respondent shall be subject to any disposition that would have been subject to upon an initial
finding of abuse and neglect and any other disposition the court sees fit, including a finding of
abuse and neglect on the respondents’ record.
G. Prior to the adjudicatory hearing, all parties to the hearing shall attend a mandatory meeting
and attempt to settle issues attendant to the adjudicatory hearing and develop a proposed
treatment plan that serves the child’s best interest.
H. Before the adjudicatory hearing the court shall conduct a status conference to address
specific matters. The court must consider the following:
i.
ii.
Identification of the parties to the proceeding;
Whether paternity has been established or efforts made to establish paternity, including
the identity and location of a missing parent;
iii.
Whether relatives have been identified and notified as potential resources for
placement or support;
iv.
v.
vi.
Whether all summons, service of process, and notice requirements have been met;
Whether the petition has been properly verified and invokes jurisdiction;
Any pretrial motions, including motions for appointment of a GAL, for discovery, to
amend the petition, or for a continuance;
vii. Whether a consent decree was offered and whether the consent decree was accepted
by the Respondents; and
viii.
I.
Any other issue that can properly be addressed as a preliminary matter.
At the hearing, the parties may enter into a consent decree.