Tribe: Fort McDowell Yavapai Nation
Sec. 11-1. – PURPOSE AND DEFINITIONS.
Sec. 11-1 A. – Purpose.
This chapter shall be liberally construed and interpreted to effectuate the following expressed purposes:
A.To protect all children residing within the boundaries of the Fort McDowell Yavapai Nation and to provide assistance to the children and families in need of rehabilitative services. In child protection matters, whether administrative or judicial in nature, the best interests of a child shall be given greater weight than any other interest present in a dependency or neglect matter;B.To preserve and restore the unity of the family whenever possible to provide for the care, protection and wholesome mental and physical development of a child and in no instance shall a family be unified to the detriment of a child’s interest in being free from abuse or maltreatment; andC.To conduct all matters arising under this chapter in compliance with the Constitution of the Fort McDowell Yavapai Nation in order that the rights of children, their parents and guardians and other interested parties are protected. All parties shall be treated fairly and uniformly when they appear before the Juvenile Court in relation to matters arising hereunder. […] Sec. 11-1 B. – Definitions.
Unless otherwise indicated, the following definitions shall apply for the purposes of this chapter:
Abandon: The failure of a parent, guardian or custodian to provide reasonable support and to maintain regular contact with a child. Intent to abandon is presumed when a child has been left (1) by one (1) or both parents in the physical custody of another for a period of three (3) consecutive months; or (2) by one (1) parent in the physical custody of another parent for a period of one (1) year, without personally providing support for the child’s care and without communication.
Abuse: The infliction of:
A.Physical injury on a child;B.Emotional or mental harm on a child as diagnosed by a psychiatrist, clinical psychologist or mental health practitioner;C.Molestation of a child, sexual abuse of a minor, sexual conduct with a minor, incest or unnatural sex acts as defined in Chapter 6 of the Fort McDowell Law and Order Code;D.Repeated withholding of readily accessible care, services and treatment necessary for the child to be able to thrive, including Court-ordered rehabilitative and medical care, and treatment and educational services;E.Exploitation of a child to such extent that the child’s health, moral or emotional well being is endangered;F.Physical punishment of a child found by the Juvenile Court to have been:(1)So severe, protracted or recurrent, whether or not purported to be inflicted for disciplinary purposes, or(2)Administered solely for the gratification of passion or rage of the perpetrator.
Adjudicatory Hearing: A proceeding in the Juvenile Court to determine the merits of the allegations contained in the petition or citation.
Adult: A person eighteen (18) years of age or older, or otherwise emancipated by order of a Court of competent jurisdiction.
Child: A person under the age of eighteen (18) years who has not been emancipated by order of a Court of competent jurisdiction or an eighteen (18) year old person subject to the Court’s jurisdiction pursuant to Sections 11-3 A. 1. and 11-3 D. herein.
Counsel: An advocate or attorney permitted to practice before the Fort McDowell Tribal Court.
Court or Juvenile Court: The Juvenile Court of the Fort McDowell Yavapai Nation.
Custodian: A person, other than a parent or guardian, to whom legal custody of the child has been given by Court order or who is acting in loco parentis. “Custodian” shall not include any person who has the child in violation of a Court order or who has obtained physical custody through illegal means.
Dependent Child: A child:
A.Who is homeless or destitute or who has no parent, guardian or custodian available or willing to care for him or her;B.Who lacks proper care by reason of the mental or physical condition of his or her parent, guardian or custodian; or whose parent(s) guardian or custodian is unable to provide for the child because of their incarceration or their hospitalization for a physical or mental condition;C.Who is under the age of eight (8) years and who is found to have committed an act that would result in adjudication as a delinquent or an incorrigible child if committed by a child eight (8) years or older.
Detention: The temporary pre- or post-judgment confinement of a child in a secure facility.
Disposition Hearing: A proceeding in the Juvenile Court held after an adjudication hearing to impose consequences on the juvenile for the offense, to remunerate any victim(s) of the offense and to restore the juvenile to law-abiding behavior or to develop a reunification case plan.
Domicile: A person’s permanent home, legal home or main residence. The domicile of a child is generally that of the custodial parent or where the parent or guardian considers being their permanent home. Domicile for purposes of jurisdiction is established at the time of the alleged offense.
Extended family: Those family members recognized by the customs and traditions of the Fort McDowell Yavapai Nation as being of sufficient relation to care for a child who is within the jurisdiction of the Court.
Foster Home: Placement with a family whose home has been licensed to accept placement of children under the age of eighteen (18) years.
Guardian: A person assigned by a Court of law, other than a parent, having the legal duty and authority to provide care, shelter and control of a child and to make decisions in matters having a permanent effect on the life and development of the child. It includes, among other things, the authority to consent to marriage, enlistment in the armed forces, and major medical, surgical or psychiatric treatment;
Guardian ad Litem: A person appointed by the Court to protect the interests of a child in a case before the Court.
Holidays: Those days designated as “holidays” by official resolution of the Fort McDowell Yavapai Nation Tribal Council.
Incorrigible Child: A child:
A.Who refuses to obey the reasonable and proper orders or directions of his or her parent, guardian or custodian and who is beyond the control of such person; orB.Who is a runaway from his or her home or parent, guardian or custodian; orC.Who habitually engages in activities or behaviors that endanger him or others.
Indian: Any person:
A.Who is enrolled or eligible for enrollment in any federally recognized Indian tribe; orB.Who is of no less than one-fourth (¼) degree Indian blood and who can document direct lineal descent from a person who is enrolled or eligible for enrollment in any federally recognized Indian tribe; orC.Who is of verifiable quantum of blood of any federally recognized Indian tribe who holds himself or herself out to society to be an Indian and who is generally recognized as an Indian, whether by a tribe, by society, or by the federal government.
Juvenile: A person under the age of eighteen (18) years who has not been emancipated by order of a Court of competent jurisdiction or an eighteen (18) year old person subject to the Court’s jurisdiction pursuant to Sections 11-3 A. 1. and 11-3 D. herein.
Juvenile Facility: Any juvenile facility (other than a school) that cares for juveniles or restricts their movement, including secure juvenile detention facilities, a secured or unsecured juvenile inpatient alcohol or substance abuse treatment facility or hospital, transitional houses, foster homes, group homes and shelter homes.
Juvenile Offender: A child who commits a “juvenile offense” prior to the child’s eighteenth (18th) birthday.
Juvenile Offense: A criminal violation of the Fort McDowell Law and Order Code which is committed by a person who is under the age of eighteen (18) at the time the offense was committed.
Juvenile Presenting Attorney: Any prosecutor designated by the Tribal Prosecutor to represent the Nation in a juvenile proceeding.
Juvenile Status Offense: The offenses of Intoxication by a Minor, Possession of Alcohol or Curfew committed by a person who is under the age of eighteen (18) years at the time the offense is committed.
Legal Custody: A legal status created by the Court which vests in a person or agency the right to have physical custody of a child; the right to determine where and with whom the child shall reside; the right and duty to protect, train and discipline the child; the duty to provide the child with food, clothing and shelter, education and ordinary medical care; the right, in an emergency, to authorize surgery or other extraordinary care; subject to residual parental rights and obligations.
Nation: Fort McDowell Yavapai Nation.
Neglected Child: A child:
A.Who is abandoned by his parent(s), guardian or custodian;B.Who has not been provided with adequate food, shelter, clothing, medical care or education necessary for his or her health and well-being;C.Who lacks parental care due to the fault or habits of the parent, guardian or custodian;D.Who has been subjected to abuse by a parent, guardian or custodian or whose parent, guardian or custodian has knowingly, intentionally or negligently placed the child in a situation that endangers his health or well-being;E.Whose parents are unable or unwilling to provide the special care made necessary by the child’s own mental, emotional or physical needs.
Parent: Includes a natural or adoptive parent, but does not include persons whose parental rights have been legally terminated; nor does it include the unwed father whose paternity has not been legally acknowledged or adjudicated.
Probation: A legal status created by Court order whereby a juvenile offender is placed in a juvenile facility or permitted to remain in his or her home under the care, custody and supervision of a person designated by the Court and who is subject to specific conditions or restrictions set forth by the Court and/or the Juvenile Probation Officer. A juvenile offender on probation is subject to return to Court for further proceedings in the event of his or her failure to comply with any of the prescribed conditions of probation.
Protective Supervision: A legal status created by the Court in proceedings involving incorrigible and dependent children, whereby the child is permitted to remain in his or her home under supervision of the Court or other agency designated by the Court.
Residual Parental Rights and Obligations: Those rights and duties remaining with the parent after legal custody or guardianship of the child has been vested in another person or agency including but not limited to the responsibility to financially support the child; the right to consent to adoption of the child; the right to determine the child’s religious affiliation; and the right to reasonable visitation with the child subject to any restrictions ordered by the Court.
Restitution: Financial or other reimbursement by the child to the victim and is limited to ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric or psychological treatment for injury to persons, lost wages resulting from the injury and other out-of-pockets expenses which are a direct and proximate result of the delinquent act. Restitution does not include reimbursement for damages of mental anguish, pain and suffering or other intangible losses.
Secure Facility: Any locked facility, whether used for treatment or confinement.
Secure Juvenile Detention Facility: A facility which (a) contains locked cells or rooms which are separated by sight and sound from any adult inmates; and (b) restricts the movement of those placed in the locked cells or rooms.
Shelter Care: The temporary care or confinement of a child in a non-secure facility pending Court disposition or transfer to another jurisdiction.
Termination of Parental Rights: The permanent elimination by Court order of all parental rights and duties including residual parental rights and duties.
Transfer to Tribal Court: Transferring a child from the jurisdiction of the Juvenile Court to the jurisdiction of the Tribal Court according to Section 11-3 E. herein, which results in the termination of the Juvenile Court’s jurisdiction over that offense.
Tribal Council: The Tribal Council of Fort McDowell Yavapai Nation.
Tribal Court: The Tribal Court of Fort McDowell Yavapai Nation.
Weekends: Fridays at 12:00 p.m. through Mondays at 8:00 a.m.
(The term “Juvenile” was added by Resolution No. McD. 2003-50, effective May 13, 2003.Section 11-1(A-B) added by Resolution No. McD. 100, effective September 3, 2003.)
(Law & Order Code 2006, § 11-1 B; Ft. McD. Res. No. 2003-50, eff. 5-13-2003; Ft. McD. Res. No. 100, eff. 9-3-2003)
Read Full Text of Fort McDowell Yavapai Nation Code Article I. Sec. 11-1 A. AND Sec. 11-1 B.