Tribe: Pueblo of Laguna
Section 7-2-333. Filing and content of petition by juvenile prosecutor.
Formal juvenile offender proceedings shall be instituted by a petition filed by the juvenile prosecutor on behalf of the Pueblo and in the interests of the child.
A. The petition for a juvenile delinquency hearing. The petition shall be entitled, “In the matter of a child” and shall set forth with specificity:
(1) The name, birth date, residence and Tribal affiliation of the child;
(2) The names and residences of the child’s parent(s), guardian(s) or custodian(s);
(3) A citation to the specific section(s) of this Code which give the court jurisdiction over the proceedings;
(4) A citation to the criminal statute or other law or ordinance which the child is alleged to have violated;
(5) A plain and concise statement of facts upon which the allegations are based, including the date, time and location at which the alleged acts occurred; and
(6) Whether the child is in custody and, if so, the place of detention and time the child was taken into custody.
B. Petition—Additional required allegations for school absence or truancy. A petition alleging that a child is habitually and without justification truant, pursuant to the Pueblo of Laguna School Attendance and Truancy Ordinance (Ordinance No. 300-04) shall also allege the following:
(1) 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, pursuant to Section (6)(C)(2) of the Truancy Ordinance;
(2) 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, pursuant to Section (6)(C)(3) of the Truancy Ordinance;
(3) 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;
(4) That the school attendance liaison 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
(5) That the school has sought assistance, from appropriate agencies and resources available to the local school board or private school, or has taken all steps required for referral to the juvenile probation officer under the Truancy Ordinance. […] Section 7-3-1. Policy.
The Pueblo of Laguna leadership will not ignore or tolerate excessive absenteeism and truancy in our schools. In establishing this school attendance chapter, the Pueblo recognizes its obligation to work with students and their parents to address school attendance concerns; to provide alternative resolutions where truancy exists; to establish a closer working relationship between the schools, parents, service providers, and the Pueblo; and to promote a fair, equal and impartial system that can effectively resolve truancy issues. The Pueblo also recognizes its obligation, through its schools, agencies and departments, to assist every single student to reach the goal of attaining an education. […] Section 7-3-7. Pueblo Juvenile Probation Officer; duties.
A. In those situations where a school attendance liaison refers a child and/or parent(s), to the juvenile probation officer, the probation [officer] shall develop a program, in cooperation with the school, designed to correct the behavior of the child, and may include the child, the parent and Pueblo officials.
(1) The probation officer may contact the village officials of the village where the child and his or her parents are residents and request a family conference. In the family conference the village officials and other requested elders will counsel and advise the child and his or her parents regarding school attendance, in accord with their customary and traditional duties. This action may precede other actions considered under subsections B., C., D. and E., of this section.
B. Upon referral of a child and/or parent from the school attendance liaison, the juvenile probation officer shall inform all interested parties by notice in writing and by other means reasonably necessary to achieve notice of the fact, that the child has failed to attend school for five (5) days in a semester, without valid justification, or has failed to comply with measures taken under section 7-3-6, above.
C. The juvenile probation officer shall arrange or schedule a truancy conference with the child and his or her parent(s). At this conference, the probation officer shall explain that informal action will first be taken to have the child and the parent(s) be enrolled in a diversion program and that they shall enter into an intensive school attendance contract. The probation officer, in coordination with the school attendance liaison, will monitor the child to make sure he/she is fully complying with the conditions of the diversion program and the attendance contract. If the child and/or the parents successfully complete the program and fully adhere to the conditions of the attendance contract, the case will be closed out and no further action will be taken by the probation officer. The probation officer will also explain the consequences of noncompliance with this informal process.
D. In the event that the child and/or the parent(s) fail to fully comply with the terms of the attendance contract, or with the conditions of the diversion program, the juvenile probation officer may refer the matter to the Pueblo Prosecutor for further action.
E. In any event, if the child has ten (10) unexcused absences in a school year, the juvenile probation officer shall refer the matter to the Pueblo Prosecutor for the purpose of pursuing action against the child and/or the parent(s) for violations of this chapter. […] Section 7-3-8. Petition to Children’s Court for violations by a parent or child.
A. If action taken pursuant to sections 7-3-6 and 7-3-7 is not successful in substantially reducing a child’s absences from school or if the parent(s) or child refuse to comply voluntarily, any of the following actions may be taken:
(1) The juvenile probation officer, through the Pueblo Prosecutor or other appropriate personnel, may petition the Children’s Court to assume jurisdiction for the purpose of alleging a violation of this chapter by the parent and/or child; or
(2) A petition alleging a violation of this chapter by a child may be filed with the Children’s Court by the parent of such child or by the juvenile probation officer through the Pueblo Prosecutor, or other appropriate personnel, at the request of the parent. If the court assumes jurisdiction in such an instance, the provisions of this chapter, except where otherwise stated, shall apply; or
(3) The juvenile probation officer may also recommend to the Pueblo Prosecutor, or other appropriate personnel, that charges be filed under the Laguna Pueblo Law and Order Code (i.e., “Failure to Send Children to School or Criminal Neglect”) in the Pueblo Criminal Court, or that charges under the Pueblo of Laguna Children’s Code be filed in the Children’s Court.
B. Prosecuting attorney. The Pueblo Prosecutor or other appropriate personnel, shall act as attorney for the complainant in all court proceedings relating to the compulsory attendance of children as required by this chapter, except for those petitions filed against any child by the parent without the assistance of the juvenile probation officer.
C. Filing and content of petition. Proceedings shall be initiated by a petition filed by the Pueblo Prosecutor, or other appropriate personnel, on behalf of the juvenile probation officer or by the parent(s) of the child. The petition shall be entitled, “In the Matter of (name of child)”, and shall set forth with specificity the following:
(1) The name, birth date, residence and Pueblo affiliation of the child;
(2) A citation to the specific section(s) of this chapter which gives the court jurisdiction over the proceedings;
(3) That the child is habitually truant and without justification absent from school;
(4) That the school and a child’s parent(s) have held a meeting or the child’s parent(s) has/have refused to attend a meeting to discuss the child’s habitual and unjustified absence from school;
(5) That the school has provided an opportunity for counseling to determine whether a curriculum change would resolve the 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 program;
(6) 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;
(7) That the school attendance liaison 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
(8) That the school attendance liaison has referred the matter to the juvenile probation officer and the probation officer has taken appropriate measures under this chapter to eliminate the child’s unexpected absences, without compliance by the child and/or the parent(s).