Mediation in Termination of Parental Rights Cases
Part II(m)(4) Mediation. The use of mediation in cases involving the termination of parental rights is encouraged.
The National Center on Restorative Justice’s (NCORJ) Tribal Restorative Justice Laws Database was created as a resource for restorative justice advocates, practitioners, researchers, and policy-makers—both for tribes and throughout other jurisdictions in the United States. Our aim is to organize and display in an easily navigated format the ways in which tribes have codified the use of restorative justice approaches. This database expands upon NCORJ’s Restorative Justice Laws Database, which lists state restorative justice laws.
The expansion of the Restorative Justice Laws Database to include tribal laws was a natural one. Contemporary restorative justice has roots in Indigenous cultures and practices, both in the United States and globally, and tribes continue to be leaders in restorative justice practice and systems today. This Tribal Restorative Justice Laws Database shows the many codified restorative justice practices that exist in tribal law and is, to our knowledge, the first time this data has been collected and presented in a public and easily accessible format.
Thank you to Grace Carson for her leadership and expertise in the creation of this database. Thank you also to the research assistants who helped on this project: Kylie Belt, Anna VanRoy, and Jonathan Eagle.
The NCORJ is committed to continuing to update this database. This database was last updated in January 2026. If you see something that is missing or a correction is required, please be in touch. For more information about the development of the database, to get assistance navigating it, or to request a copy of the raw data for research purposes, please contact Lindsey Pointer (lpointer@vermontlaw.edu).
NOTES REGARDING THE TRIBAL CODES AND TRIBES INCLUDED IN THE DATABASE
Tribal Code Accessibility
Many tribes’ legal codes are not included in this database due to the fact that those tribes do not have their code published and/or do not wish to share their code with the public. The codes in this database should not be considered the only tribal restorative justice laws to exist.
Tribes Included
The tribes included in the Tribal Restorative Justice Laws Database are those who are federally recognized. Federally recognized tribes are those that are formally acknowledged by the United States Bureau of Indian Affairs as holding a government-to-government relationship with the federal government. As such, these tribes have recognized tribal sovereignty. With recognized tribal sovereignty comes the right to tax, make and enforce laws, and regulate activities. Important for this database, federal recognition comes with established tribal criminal jurisdiction (though, this jurisdiction is dependent on where the tribe is located, among other factors). Tribes that are not federally recognized (i.e., are only state recognized) lack the ability to exercise the same rights and powers that tribes whose sovereignty is formally acknowledged by the federal government, and as such, lack tribal criminal jurisdiction (though, tribes that are not federally recognized may be able to establish restorative justice practices and efforts through other means, such as through social services, grant funded projects, and intergovernmental agreements with the state). Because of this, we decided to limit the tribes included in this database to those that are federally recognized. We acknowledge that the recognition process for tribes is a product of settler colonialism, and purposefully exclusionary. We do not view tribes that are not federally recognized as any less valid than those that are.
Additional Information
Part II(m)(4) Mediation. The use of mediation in cases involving the termination of parental rights is encouraged.
In addition to the Trial Court there may be established a Peacemaking Panel and a Court of Appeals. A) The Peacemaking Panel may be used, at the request of parties, to mediate disputes between them before filing claims in the…
PEACEMAKER PROGRAM. 1) Purpose. The purpose of the Peacemaker Program is to provide a nonadversarial way to resolve disputes. Peacemaker conferences are intended to reflect the Tribe’s tradition of using respected members of the community to heal conflicts among its…
SECTION 8.02. INFORMAL DIVERSION CONFERENCES A. The Juvenile Delinquency Coordinator may invite the juvenile and the juvenile’s parent(s), guardian, or custodian to attend an informal diversion conference to consider alternatives to formal Juvenile Court proceedings if: 1. The alleged facts,…
SECTION 4.05. COMMUNITY ACCOUNTABILITY BOARD A. The Community Accountability Board (CAB) has been established by the Juvenile Court and shall consist of volunteers from the tribal community, as appointed by the Juvenile Court Judge. B. They shall perform the following…
SECTION 11.02. INFORMAL ADJUSTMENT CONFERENCES A. At any time prior to a Court hearing, the Department of Children and Family Services (DCFS) may hold an informal conference with the parent(s), guardian, or custodian of a child alleged to be a…
SECTION 8.09. DISPOSITION HEARINGS A. The purpose of the disposition hearing is to determine how to resolve a matter after it has been determined that the juvenile has committed a juvenile offense. If the Juvenile Court determines that a juvenile…
An informal resolution program shall consist of one or more mediation sessions facilitated by the Juvenile Prosecutor in which the juvenile and his or her parent, guardian, or custodian work with the Juvenile Prosecutor to formulate and implement a written…
Before filing a petition in the Juvenile Court, the Juvenile Prosecutor may attempt to facilitate an informal resolution for any case involving a Juvenile in Need of Supervision provided that the juvenile and his or her parent, guardian, or custodian…
The Juvenile Court shall handle all cases dealing with juveniles, including dependency, delinquency, supervision, and emancipation cases. With respect to juvenile delinquency and supervision cases, the goal of the Juvenile Court shall be rehabilitation, guidance, and accountability. The Juvenile Court,…