Tribe: Mescalero Apache Tribe of the Mescalero Reservation
11-15-7. INTERVENTION.
follows: A. Level 1 (Mild) Truancy: Shall be addressed through mechanisms in the school system. 1. On Day 1 of an unexcused absence, the school will phone the parent/guardian to inquire
about the child’s absence. 2. On Day 2 of an unexcused absence, the School Liaison will visit the home and leave
written notice, which will be deemed the warning notice, indicating that the child is in the
second day of an unexcused absence. The warning notice will also inform the parent that
a third such unexcused absence will be cause for notifying the B.I.A. Law Enforcement
Office. 3. On Day 3 of an unexcused absence, the school will notify B.I.A. Law Enforcement
Officer who shall issue a formal citation to the parent or guardian and shall serve such
citation upon said parent at any location within the exterior boundaries of the Mescalero Apache Reservation. Issuing the citation will trigger Level 2 intervention proceedings. B. Level 2 (Moderate) Truancy: Shall be addressed through both the school and the Tribal Court
applying “Informal Adjustment” mechanisms. “Informal Adjustment” as set forth in Section 11-8
13 of the Mescalero Apache Tribal Code allows the Court to take certain actions prior to a formal
court proceeding. 1. Once the parent/child has received the citation from law enforcement, the Court will issue
a summons in accordance with Section 2-3-1 of the Mescalero Apache Tribal Code. Both
the parent and child will have twenty-four (24) hours to respond to the summons unless
the deadline falls on a day when the Court is not open, in which case the parent and child
will have until the next business day to respond. The Clerk for the Children’s Court will
arrange a hearing with the Children’s Court judge to occur within ten (10) days. If the
parent and child fail to appear, they will be deemed to be in contempt of Court with all
attending penalties. The school will provide the Court with all associated documentation
from the child’s school record to assist the Court in fashioning an appropriate program for
restoration and behavior adjustment. 2. Informal Adjustment actions MAY include therapeutic, cultural and spiritual intervention
for the child and the family, and/or participation in cultural events. Counseling may be
conducted by traditional medicine people, traditional counselors, or professional
therapists such as those from Tribal Human Services, Behavioral Health at the Mescalero
Service Unit, or private providers. The Court shall take the parent’s choice as to
traditional or non-traditional interventions into consideration when ordering counseling.
The parent and/or child may be assigned to perform community service, provide certain
services to elders in the community, to actively attend school and make up all work, the
parent may be ordered to attend classes with the child for a finite period of time, the child
may be ordered to meet all expectations set forth by the Court and to report same to the
Court on a frequent and regular basis. Such expectations may include the achievement of
a certain grade point average, improvement in behavior, being prepared for class, and
participating in class. 3. Behavior problems in school or other non-compliance will be cause for the school or the
Court to notify the Probation Officer who will intervene and report same to the Court. If
the Court determines that the infraction is serious enough to discontinue efforts to utilize
the informal adjustment process, the case will be given to the Juvenile Presenting Officer
for further action. 4. Attempts at Informal Adjustment will continue for up to thirty (30) days at which time
the Court will determine whether sufficient efforts and compliance have taken place and
what future action is indicated. If the efforts and compliance have not been at a
satisfactory level, the Court may progress to formal proceedings. If the Court determines
that sufficient progress is being made through Informal Adjustment, the Court may
continue that process in thirty (30) day increments until it believes the school can handle
the situation effectively on its own. C. Level 3 (Severe) Truancy: Shall be addressed utilizing formal Tribal Court proceedings and will
be presented to the Court through the Juvenile Presenter’s Office. If convicted, the student and/or
parent may face penalties. Penalties may include incarceration, at the Court’s discretion. Penalties
may also include ordering the parent/guardian to attend classes with the student for finite periods
of time. The Court may also utilize the Intergovernmental Agreement with the State of New
Mexico Children, Youth and Families Department for further evaluation and treatment in State
facilities.