Tribe: Pueblo of Pojoaque
L-16
Order after an Adjudication of Abuse or Neglect
(a) The Court must issue a written order on disposition of the case within 5 days after the
adjudication hearing. In the Order after the Adjudication Hearing, the Court will:
1. If a child was found to be abused or neglected and the Court permits the child to return
to the home, place conditions and limitations on that placement;
a. The Court may order the parents, guardian, or custodian (each, a “caregiver”) to
cooperate with any treatment plan and services;
b. The Court may order the caregiver to ensure the child receives recommended
services
2. Make findings regarding any placement of the child outside the home, including the
child’s adjustment to the home;
3. Provide for reasonable parenting time between the child and the parent, unless it is not
in the child’s best interests;
4. Describe the permanency plan (e.g. reunification, kinship guardianship, customary
adoption).
5. The Order will detail: A. Whether Family and Children’s Services has used active efforts to prevent the child
from being removed from the home;
B. Whether active efforts were used to reunify the child with the parent(s);
C. Whether active efforts were used to keep siblings together, if applicable;
D. The Court may determine that active efforts are not required to be made when the
Court finds that the efforts would be futile; or the parent, guardian, or custodian has
subjected the child to aggravated circumstances.
E. If the Court finds that the child was neglected or abused, the Court will order the
parent(s) to pay reasonable costs of support and maintenance, taking into account
income. The parent(s) may be ordered to reimburse the Pueblo for any necessary
payments the Pueblo pays to foster parents.
(b) Family Plan. Within three days after the adjudication, Family and Children’s Services will
meet with the family and prepare a written family plan with input from the affected family
members.
1. The Family Plan will include recommendations for what steps need to be achieved to
reunite the family or complete Family and Children’s Services oversight.
2. The plan should include a treatment plan that details steps to ensure that the child’s
physical, medical, psychological, and educational needs are met and lists any services
to be provided to the child and the parents to help with reunification.
3. Wellness Court. The case plan may include that the parent, guardian, or custodian must
complete Pojoaque’s Wellness Treatment Court, if eligible.
4. Unless good cause is shown otherwise, the Court will order that the child be enrolled
in the Pueblo of Pojoaque Early Childhood Education Center or the Pojoaque Boys and
Girls Club or similar programs.
5. If Family and Children’s Services does not believe that reunification is possible, it will
provide details of an alternative permanency plan for the Court’s approval.
6. Family and Children’s Services may also provide a plan that provides for reunification
and a concurrent plan for an alternative permanent placement if reunification does not
work out.