Law and Order Code of the Fort McDowell Yavapai Community, Arizona
Adopted by Resolution No. 90-30, July 9, 1990 and subsequently amended. [Includes amendments dated 2000.]
Art. I. In General, §§ 11-1 - 11-10
Art. II Juvenile Code, §§ 11-11 - 11-50
Art. III. Truancy, §§ 11-51 - 11-60
Art. IV. Abuse, §§ 11-61 - 11-70
Art. V. Curfew, §§ 11-71 - 11-80
Art. VI. Rights of children victims or witnesses of crime §§ 11-81 - 11-84
ARTICLE II. JUVENILE CODE
Sec. 11-11. DEFINITIONS.
Unless otherwise indicated, the following terms shall have the meanings herein ascribed to them, for the purposes of this article.ADJUDICATION means a finding by the court on the facts alleged in the petition and incorporated in a decree.
ADULT means a person who is an enrolled member of the Fort McDowell Yavapai Indian Community or any other person subject to the jurisdiction of Fort McDowell Yavapai Indian Community who is eighteen (18) years of age or older.
CHILD means a person who is an enrolled member of the Fort McDowell Yavapai Indian Community or any other person subject to the jurisdiction of the Fort McDowell Yavapai Indian Community who is under eighteen (18) years of age.
CHILD PLACEMENT AGENCY means an agency receiving children for placement or adoption, which agency is licensed or approved when such license or approval is required by law.
COMMIT means to transfer to legal custody.
COURT means the juvenile court division of the Courts of the Fort McDowell Yavapai Indian Community.
DELINQUENT CHILD is a child who is adjudicated to have committed a delinquent act. Refer to subsection 11-15 (a).
DEPENDANT CHILD is a child who is:
or destitute or without proper support or care through no fault of
his parent or guardian.
proper care by reason of the mental of physical condition of his parent,
guardian or custodian.
the age of eight (8) years who is found to have committed an act that
would result in adjudication as a delinquent or incorrigible child
if committed by an older child.
DETENTION means the temporary care of children who require secure custody, in physically restricting facilities pending court disposition or transfer to another jurisdiction.
GUARDIAN means a guardian of the person and not a guardian of the property.
GUARDIANSHIP OF THE PERSON means the duty and authority to make important decisions in matters having a permanent effect on the life and development of the minor and to be concerned about his general welfare. It includes, among other things the authority to consent to marriage, enlistment in the armed forces, and major medical, surgical or psychiatric treatment. "Guardianship of the person" also includes legal custody, if legal custody is not vested in another person, agency or institution.
INCORRIGIBLE CHILD is a child adjudicated as one who refuses to obey the reasonable and proper orders or directions of his parent guardian or custodian, and who is beyond the control of such person, or any child who is beyond the control of such person, or any child who is habitually truant from school, or who is a runaway from his home or parent, guardian or custodian, or who habitually so deports himself as to injure or endanger the morals or health of himself or others.
LEGAL CUSTODY means a relationship embodying the following rights and duties: The right to physical custody of a child; the right and duty to protect, train and discipline him; the duty to provide him with food, clothing, shelter, education and ordinary medical care; the right to determine where and with whom he shall live; and the right, in an emergency, to authorize surgery or other extraordinary care. Legal custody is subject to residual parental rights and responsibilities of the guardian of the person.
NEGLECTED CHILD is a child who is:
Abandoned by his parents, guardian or custodian.
to mistreatment or abuse by a parent, guardian or custodian;
parental care by reason of the fault or habits of the parent, guardian
proper or necessary subsistence, education, medical or surgical care
or other care necessary to the child's health, morals or well-being
by the parent, guardian or custodian;
the special care made necessary by the child's mental condition by
the parent, guardian or custodian;
in a disreputable place or who associates with vagrant, vicious or
- Engaged in an occupation or in a situation or environment dangerous to life or limb or injurious to the health, morals or welfare of himself or others;
PROTECTIVE SUPERVISION means a legal status created by court order in proceedings not involving violations of law by the child, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or dependency is provided by a probation officer or other agency designated by the court.
RESIDUAL PARENTAL RIGHTS AND DUTIES means those rights and duties remaining with the parent after legal custody or guardianship of the person, or both, have been vested in another person or agency, including but not limited to the responsibility for support, the right to consent to adoption, the right to determine the child's religious affliction, and the right to reasonable visitation unless restricted by the court. If no guardian has been appointed, "residual parental rights and duties" also include the right to consent to marriage, enlistment in the armed forces, and major medical, surgical or psychiatric treatment.
SHELTER means temporary care of children in physically unrestricted facilities pending court disposition or transfer to another jurisdiction.
TERMINATION OF PARENTAL RIGHTS means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order.
Sec. 11-12. SUPPORT OF CHILDREN.
When legal custody of a child is vested by the court in an individual
or agency other than his parents, the court may in the same or any
subsequent proceeding inquire into the ability of the parents to support
the child and to pay for any medical, psychiatric or psychological
examination or treatment provided under order of the court. The court
may, after due notice and a hearing on the matter, require the parents
to pay the whole or part of such support and expenses, depending on
their financial resources and other demands on their funds. The amounts
so required to be paid shall be paid at such intervals as the court
may direct and, unless otherwise ordered, payment should be made to
the clerk of the community juvenile court for transmission to the
person or agency having legal custody of the child or to whom compensation
is due. The clerk of the court shall have authority to receive periodic
payments towards the care and maintenance of the child, such as social
security payments made in the name of and for the benefit of the child.
or waiver thereof required. No court order issued under
the preceding section against a parent shall be entered unless summons
has been served within the territorial jurisdiction of the community
or a voluntary appearance is made or a waiver of service given. The
summons shall specify that a hearing with respect to the financial
support of the child will be held.
by contempt proceedings; garnishment. An order entered under
this section against the parent may be enforced by contempt proceedings,
and shall also have the effect of a judgment at law. In addition to
other remedies, the court may issue an order to any employer, trustee,
financial agency, or other person within the territorial jurisdiction
of the community, indebted to the parent, to withhold and pay over
to the clerk of court, moneys due or to become due. No property of
the parents, or either of them, shall be exempt from execution to
enforce collection of the amounts ordered to be paid by the court
under this section.
indigent. If the court finds that the parents are unable to
pay for full or partial support, examination, treatment and other
expenses of the child and that no other provision for the payment
of such support and expenses has been made, or if the parents have
failed to make such payments, or if summons could not be served on
the reservation upon parents or other persons under subsection (b)
hereof, the court shall request the community public welfare division
or any other public agency with funds available for such purposes
to pay for such support and other expenses; and if such department
or agency consents, it shall be so ordered by the court.
- Legal custody given to agency; agency to report every six months. Payment for child support may be made to an agency in whom the court vests legal custody, provided that the agency shall make periodic reports to the court concerning the care and treatment the child is receiving and his response to such treatment. Such reports shall be made at such intervals as the court may direct, and shall be made with respect to each child at least every six (6) months. The agency shall also afford an opportunity for a representative of the court to visit the child as frequently as the court deems necessary.
Sec. 11-13. COMMUNTTY JUVENILE COURT ESTABLISHED.
There is hereby established a division of the Courts of the Fort McDowell Yavapai Indian Community called the Fort McDowell Juvenile Court.
Sec. l1-14. JUVENILE COURT JUDGES.
The chief judge of the Fort McDowell Yavapai Tribal Court shall assign one or more judges to sit on juvenile cases.
Sec. 11-15. JURISDICTION OF COURT.
The juvenile court shall have original jurisdiction of all persons within the territorial jurisdiction of the Fort McDowell Yavapai Indian Community as follows:
Concerning any child who is alleged to have violated any federal,
community, state or local law or municipal ordinance.
- A child
who is neglected or dependent as defined in section 11-11; or beyond
the control of his or her parent, custodian or school authorities
as defined in section 11-11.
- To determine
the custody of any child or appoint a guardian of any child who comes
within the purview of the court's jurisdiction under other provisions
of this section.
- To determine the legal parent-child relationship, including termination of residual parental rights and duties, as to a child who comes within the purview of the court's jurisdiction under other provisions of this section.
Sec. 11-16. TRANSFER OF JURISDICTION.
Exercise of jurisdiction over a child on probation or under protective supervision who is otherwise under the continuing jurisdiction of the court may be transferred by the court, if the receiving court consents, to any court with jurisdiction.
Sec. 11-17. JURISDICTION OVER ADULTS.
The juvenile court shall have exclusive original jurisdiction to try all adults who are subject to the jurisdiction of the Courts of the Fort McDowell Yavapai Indian Community for offenses committed against children, as follows:
Any adult who induces, aids or encourages a child to violate any federal,
state or local law or municipal or community ordinance, or who aids
or contributes to the dependency or neglect of any child;
adult having a child in his legal or physical custody, or in his employment,
who willfully ill-treats, neglects or abandons such child in any manner
likely to cause the child unnecessary sufferings or serious injury
to his health or morals;
adult who forcibly takes away any child from or induces him to leave
the legal or physical custody of any person, agency or institution
in which the child has been legally placed for the purpose of care,
support, education or adoption, and any person who detains or harbors
such child after demand is made for the return of such child by an
officer of the court or by the person, agency or institution concerned.
- Any adult who commits the crime of child-beating.
Sec. 11-18. DUTIES AND POWERS OF JUVENILE JUDGES.
In carrying out duties and powers specifically enumerated under the juvenile code, judges of the juvenile court shall have the same powers and duties as judges of the Fort McDowell Tribal Court.
Sec. 11-19. COOPERATION W1TH OTHER AGENCIES.
The juvenile court is authorized to cooperate fully with any community, state, federal, public or nonprofit agency to carry out the purposes of this Code, and is authorized to participate in any training programs or other programs which will improve the juvenile court system and carry out the purposes of this Code; subject to approval by the Fort McDowell Community Council of any expenditure of funds.
Sec. 11-20. UTILIZATION OF SOCIAL SERVICES.
The juvenile courts in the exercise of their duties and in the exercise of any duties to be performed by other officers under their supervision or control shall utilize such social services as may be furnished by the federal, community or state governments to the end that the court may be economically administered without necessary duplication or expense.
Sec. 11-21. PLACEMENT OF CHILDREN WITH AGENCIES, NEIGHBORING STATES, BY CONTRACT, SUBJECT TO COUNCIL APPROVAL.
The juvenile courts may contract, on behalf of the community, with agencies or departments of the community or federal government, or with agencies or departments of bordering states, for the care and placement of children whose status is adjudicated under this article subject, however, to the prior approval of the Fort McDowell Community Council.
Sec. 11-22. OFFICERS.
The juvenile court, with the approval of the community council, shall
appoint probation officers, and other persons as may be required to
carry out the work of the court.
The probation officer shall make preliminary inquiries, social studies
and such other investigations as the court may direct, and shall keep
written records of such investigations or studies, and shall make
reports to the court as provided in this article or as directed by
the court. Upon the placing of any person on probation or under protective
supervision, the probation officer shall explain to the child, the
parents and other persons concerned the meaning and conditions of
probation or protective supervision. The probation officer shall keep
informed concerning the conduct and condition of each person on probation
or under protective supervision and shall report thereon to the court.
Probation officers shall use all suitable methods to bring about improvement
in the conduct or condition of persons on probation or under protective
supervision and shall perform such other duties in connection with
the care, custody or transportation of children as the court may require.
Probation officers shall have the powers of peace officers for purposes
of this article but shall, whenever possible, refrain from exercising
such powers except when in urgent situations in which a regular peace
officer is not immediately available.
The compensation of all employees of the juvenile court shall be set
by the chief judge of the community court subject to approval by community
The judges of the juvenile court may appoint a probation officer or
other qualified person as referee to serve during the pleasure of
the court provided that no employee of the Bureau of Indian Affairs,
United States Department of Interior, shall be eligible to serve as
referee, and no probation officer who has had any previous connection
with the child involved in any particular case, by investigation,
protective supervision, probation or otherwise, shall act as referee
in any hearing involving such child.
A judge may refer any case to a referee, or he may direct that all
cases of a certain nature or within a certain geographical area shall
be heard in the first instance by a referee, in the same manner as
cases are initiated and hearings are held by the court. At the conclusion
of the hearing before him, the referee shall transmit to the judge
all papers relating to the case, together with his findings and recommendations
- Rehearing of referee's decision. At the conclusion of the hearing, the referee shall advise the parties of his findings and recommendations and of their right to request a rehearing before the judge. A rehearing before the judge shall be held if a request is filed with the judge by any interested party within five (5) days after the conclusion of the hearing before the referee. If no rehearing before the judge is requested, the findings and recommendations of the referee, when confirmed by an order of the judge, shall become the decree of the court. The judge may, on his own motion at any time, order a rehearing before him of any case heard before a referee.
Sec. 11-23. OPERATION OF THE JUVENILE COURT - GENERALLY.
of sessions. Court sessions shall be held within the Fort
McDowell Yavapai Indian Community at such place and at such time as
the court shall direct.
of adults. In prosecution of adults, as may be necessary in
accordance with section 11-17, the practice and procedure of the juvenile
court shall conform to the practice and procedure of the Fort McDowell
- Punishment of adults. Any adult who commits any act as described in section 11-17, and if found guilty of a misdemeanor, shall be punished by imprisonment in a community jail for a period not to exceed six (6) months and/or by a fine not to exceed five hundred dollars ($500.00).
Sec. 11-24. SAME - PROCEEDINGS IN CHILDREN'S CASES.
required. Proceedings in children's cases are commenced by
petition. Any person may and any peace officer shall give the court
any information in his possession that a person is or appears to be
a child within the jurisdiction of the court. Whenever such information
is received, the court may require a preliminary inquiry to be made
under the direction of the court to determine whether the person is
a child within the meaning and purpose of this article and if so whether
the interest of the public or the interest of the child require further
action to be taken.
informal adjustment. On the basis of the information received
and the preliminary inquiry, if one is made, the court may direct
that the petition be filed; or the court may make such informal adjustment
of the case as is practicable, provided that the facts are admitted
and establish prima facie jurisdiction, and provided that consent
is obtained from the parents or other custodian of the child, and
that consent is also obtained from the child if he is of sufficient
age and understanding. Efforts to effect an informal adjustment may
be continued no longer than three (3) months without review by a judge.
of petition. The petition shall set forth with particularity
the facts which are alleged to bring the person within the jurisdiction
of the court. The petition shall further state;
name, age and residence of the person;
the names and residences of his parents;
names and residences of his guardian, if there is one;
name and address of the nearest known relative, if no parent or
guardian is known;
name and residence of the person having physical custody of the
identity of social agencies known to be giving care and services
to the person and his family.
If any of the facts herein required to be stated are not known by the petitioner, the petitioner shall also state.
- the name, age and residence of the person;
validation. The petition may be prepared and filed by any
probation officer or peace officer or other person acquainted with
the facts. The petition shall be verified. Statements in the petition
may be made-upon information and belief.
of physical and/or emotional condition. The court may order
that a child concerning whom a petition has been filed shall be examined
by a physician, surgeon, psychiatrist or psychologist and may place
the child in a hospital or other facility for such examination. However,
the child shall not be held in such hospital or facility longer than
forty-eight (48) hours, excluding weekends and holidays, unless necessary
for treatment of physical injuries, without a hearing before the court.
After due notice and a hearing set for the specific purpose, the court
may order a medical examination of a parent or guardian whose ability
to care for a child is at issue, if the court finds from the evidence
presented at hearing that the parent's or guardian's physical, mental
or emotional condition may be a factor in causing the neglect, dependency
or delinquency of the child.
The court may dismiss a petition at any state of the proceedings.
vehicle violations. In the case of violations of motor vehicle
laws or ordinances, a petition shall not be required, and the issuance
of a citation or summons shall be sufficient to invoke the jurisdiction
of the court.
- Subsequent immunity of child. When a petition has been filed under this article, a child shall not thereafter be subject to criminal prosecution based on the facts giving rise to the petition, except as otherwise provided in this article.
Sec. 11-25. SAME - SERVICE OF PROCESS AND SEARCH WARRANTS.
The service of process and search warrants shall be as follows:
exceptions. After a petition is filed and after such further
investigation as the court may direct, the court shall promptly issue
summons for hearing the case. No summons is required as to any person
who appears voluntarily or who files a written waiver of service with
the clerk of the court at or prior to the hearing.
of summons. The summons shall contain the name of the court,
the title of the proceedings, and, except for a published summons,
a brief statement of the substance of the allegations in the petition.
A published summons shall simply state that a proceeding concerning
the child is pending in the court and an adjudication will be made.
The summons shall require the person or persons who have physical
custody of the child to appear personally and bring the child before
the court at a time and place stated. If the person or persons so
summoned are not the parent, parents or guardian of the child, then
a summons shall also be issued to the parent, parents or guardian
as the case may be, notifying them of the pendency of the case and
of the time and place set for the hearing.
whom issued. Summons may be issued to any person within
the jurisdiction of the court requiring the appearance of any other
person whose presence the court deems necessary.
or shelter of child. If it appears to the court that the welfare
of the child or of the public required that the child be taken into
custody, the court may, at any time after a petition is filed, make
an order providing for detention or shelter.
treatment of child. Upon the sworn testimony or signed statement
of a physician, the court may order emergency medical or surgical
treatment which is immediately necessary for a child concerning whom
a petition has been filed pending the service of summons upon his
parents, guardian or custodian.
process; to whom entitled. A parent or guardian shall be entitled
to the issuance of compulsory process for the attendance of witnesses
on his own behalf or on behalf of the child. A guardian ad litem or
a probation officer shall be entitled to compulsory process for the
attendance of witnesses on behalf of the child.
expenses. The court may authorize the payment of necessary
travel expenses incurred by persons summoned or otherwise required
to appear at the hearing of a case under this article, not to exceed
the amount allowed to witness for travel in the community court.
whom and how served. Service of summons or process shall be
made by an officer of the community police but, upon request of the
court, such services may be made by any other peace officer, or by
another suitable person appointed by the court. Service of summons
on community lands may be made by delivering a copy thereof to the
person summoned; however, parents who are living together at their
usual place of abode may be served by delivery of two (2) copies of
the summons to either parent. If the judge is satisfied that personal
service of the summons is impractical under the circumstances, he
may order service by certified mail with a return receipt requested
to be signed by the addressee only to be addressed to the last known
address of the person to be served on community land. Service shall
be complete upon return of the signed receipt to the court.
notice when parent/guardian cannot be found on community lands.
If the parent, parents or guardian required to be summoned cannot
be found within community lands, the fact of their child's presence
within community lands shall confer jurisdiction on the court in proceedings
in children's cases under this article as to any absent parent or
guardian, provided that due notice has been given in one of the following
the address of the parent or guardian is known, by sending him
a copy of the summons by certified mail with a return receipt
requested to be signed by the addressee only, or by personal service
outside the reservation. Service by mail shall be complete upon
return to the court of the signed receipt.
the address or whereabouts of the parent or guardian outside community
lands cannot, after diligent inquiry, be ascertained, by publishing
a summons in a newspaper having general circulation on community
lands. The summons shall be published once a week for three (3)
successive weeks. Service shall be complete on the day of the
- if the address of the parent or guardian is known, by sending him a copy of the summons by certified mail with a return receipt requested to be signed by the addressee only, or by personal service outside the reservation. Service by mail shall be complete upon return to the court of the signed receipt.
limit. In the case of service on community lands, service
completed not less than forty-eight (48) hours before the time set
in the summons for the appearance of the person served shall be sufficient
to confer jurisdiction. In the case of service outside community lands,
service completed not less than five (5) days before the time set
in the summons for appearance of the person served shall be sufficient
to confer jurisdiction.
for arrest. If the summons cannot be served, or if it appears
to the court that the person served will not obey the summons, that
serving the summons will be ineffectual, or that the welfare of the
child requires that he be brought immediately into custody of the
court, a warrant may be issued for the arrest of the parent, the guardian,
the custodian or the child, and any such warrant may be served anywhere
within the jurisdiction of the court.
- Warrant to search for child. If it appears to the court upon an affidavit sworn to by a peace officer or any other person, and upon the examination of other witnesses if required by the judge, that there is probable cause to believe that a child is being detained or ill-treated in any place within the jurisdiction of the court, the court may issue a warrant authorizing a duty author peace officer or probation officer to search for the child. Upon serving such warrant upon the person in possession of the premises specified in the warrant, the peace officer making the search may enter the house or premises, by force, if necessary in order to remove the child. The officer must thereupon take the child to the court or the place of detention or shelter designated by the court in accordance with section 11-26.
Sec. 11-26. ARREST AND DETENTION OF CHILDREN.
court order. A child may be taken into custody by any peace
officer or probation officer pursuant to an order of the court.
court order. A child may be taken into custody by a peace
officer or probation officer without order of the court:
in the presence of the officer the child has violated a state,
federal or community law or ordinance;
there are reasonable grounds to believe that he has committed
an act which, if committed by an adult, would be a felony;
he is seriously endangered in his surroundings, and immediate
removal appears to be necessary for his protection;
there are reasonable grounds to believe that he has committed
an act, which, if committed by an adult, would be a breach of
when be has reason to believe that the child requires immediate
care or medical attention.
- when in the presence of the officer the child has violated a state, federal or community law or ordinance;
of parent/guardian. When an officer takes a child into
custody, he shall immediately notify the parents, guardian, or custodian.
limit upon detention. A child shall not be detained
by the community police any longer than is reasonably necessary to
obtain his name, age, residence and other information, and to contact
and obtain the appearance of his parent, guardian or custodian. A
peace officer, other than the probation officer, who arrests a child
under the age of eighteen (18) years shall forthwith notify the probation
officer, and shall make such disposition of the child as the probation
directs. No child shall be held in the detention for more than twenty-four
(24) hours excluding Saturdays, Sundays and holidays, unless a petition
alleging delinquent conduct has been filed; and no child shall be
held longer than twenty-four (24) hours excluding Saturdays, Sundays,
and holidays, after the filing of said petition, unless so ordered
by the court after a hearing.
of brief upon detention. The officer or other person who takes
a child to a detention shall promptly file with the court a brief
written report stating the occurrences or facts which bring the child
within the jurisdiction of the juvenile court and giving the reason
why the child was not released.
- Hearing date. After an investigation by a duty authorized officer of the court, the judge or other authorized officer with or without a hearing shall, upon written promise to bring the child to the court at a set time or, without restriction, order the release of the child to his parents, guardian or custodian if it is found that he can be safely left in their care. If it is found after a hearing for that purpose that it is not safe to release the child, the judge or authorized officer may order that the child be held in an appropriate facility, subject to further order of the court.
Sec. 11-27. INVESTIGATION AND HEARING.
investigation required. After adjudication that a child
is delinquent, dependent, neglected and/or incorrigible, the court
may require that a social investigation be made and that a report
be submitted to the court in writing in all cases under section 11-15
in which a petition has been filed.
of investigation. The investigation shall cover: the child's
home environment, history and associations, the present conditions
of the child and family, and recommendations as to the child's future
care. In cases involving the duty of support, the study shall include
such matters as earnings, assets, financial obligations and employment.
to constitute civil proceeding. Proceedings in children's
cases shall be regarded as civil proceedings, with the court exercising
certain equitable powers. Nevertheless, the fact that the proceedings
are of civil nature shall not be construed to deprive the child of
his rights to counsel, to confront accusers and to cross-examine witnesses
against him, nor to deny him his privilege against self-incrimination.
of hearing. Hearings in children's cases shall be before the
court without a jury and may be conducted in an informal manner. The
general public shall be excluded and only such persons as the judge
finds have a direct and legitimate interest in the case or in the
work of the court shall be admitted. At the discretion of the court,
the child may be separately interviewed at any time if represented
by his counselor. The hearing may he continued from time to time to
a date specified in the order.
of records. The record of the proceedings shall be kept in
accordance with the practice in civil cases before the community court
of the Fork McDowell Yavapai Indian Community, unless the court otherwise
destruction of record. Neither the record in the juvenile
court nor any evidence given therein shall be admissible as evidence
against the child in any proceedings in any other court. No child
shall be charged with crime nor be convicted in any community court
except as provided in this Code. Upon reaching the age of eighteen
(18) the child's record shall be destroyed.
to counsel. Any party, including the Community, shall have
the right to be represented by a licensed attorney or advocate who
is employed by the Fort McDowell Indian Community in any proceeding
under this Chapter 11. Prior to any hearings, the court shall inform
the parents, guardians or custodian, and the child when it is appropriate
to do so, that they have a right to be represented by a counselor.
The counselor shall be any person permitted to appear before the Fort
McDowell Tribal Court and shall be subject to such rules as may be
prescribed by the tribal judges or the tribal council in order to
practice before the tribal courts.
of hearing. The hearing shall consist of three (3) portions:
Arraignment, plea and detention hearing.
as to allegations in the petition. Findings of fact by the judge
as to allegations in the petition shall be based on the standard
requiring proof of each material allegation beyond a reasonable
doubt and shall be made upon the evidence admissible under the
rules applicable to the trial of a criminal case in the Fort McDowell
In the disposition portion of the hearings, any relevant and material
information shall be admissible.
- Arraignment, plea and detention hearing.
to Appeal. Parties adversely affected by a final disposition
shall be informed of their right to appeal pursuant to section 11-38.
of Hearings. When more than one child is involved in a home
situation which may be found to constitute neglect or dependency,
or when more than one child is alleged to be involved in the same
violation, the proceedings may be consolidated, except that separate
hearings may be held with respect to disposition.
of Petition; Continuance. When it appears during the course
of any proceedings in a child's case that evidence presented points
to material facts not alleged in the petition, the court may proceed
to consider the additional matters raised by the evidence. The court,
on motion of any interested party or on its own motion, shall direct
that the petition be amended to conform to the evidence. If the amendment
results in a substantial departure from the facts originally alleged,
the court shall grant such continuance as justice may require. The
court may grant such continuances as it deems reasonable.
- Petition for New Hearing. A parent, guardian, custodian or next friend of any child whose status has been adjudicated under this Code, or any adult affected by a child's proceeding hereunder, may at any time petition the court for a new hearing on the ground that new evidence which was not known and could not with due diligence have been made available at the original hearing and which might affect the decree has been discovered. If it appears to the court that there is such new evidence which might affect its decree, it shall order a new hearing and enter such decree and make disposition of the case as is warranted by all the facts and circumstances and the best interest of the child.
Sec. 11-28. DISPOSITION OF CASES.
When a child is found to come within the provisions of section 11-15, the court shall so adjudicate, and make findings of the facts upon which it bases its jurisdiction over the child. After such adjudication, the court may make the following dispositions by court order.
Require the child to submit to periodic counseling;
the child on probation or under protective supervision (as these terms
are defined herein) in his own home upon conditions determined by
the child in the legal custody of a relative or other suitable person,
with or without probation or protective supervision;
the child to an authorized industrial school, except that a child
found to come within the court's jurisdiction solely on the ground
of neglect or dependency under section 11-15 may not be committed
to an industrial school or any other similar institution.
the child in an approved boarding school, on a ranch, a forestry camp,
other camp, or a similar facility, for care and for work, if possible,
provided that the person, agency or association operating the facility
has been approved by the court and has otherwise complied with all
applicable community, state and local laws. A child placed in a forestry
camp or similar facility may be required to work on fire prevention,
forestation, and reforestation, recreational works, forest roads and
on other works on or off the grounds of such facility, and may be
paid wages, all subject to the approval of, and under conditions set
by, the court.
- If the
court has assurance that the responsibility to make payments will
rest squarely on the child, and not on his parents, guardian or custodian,
it may order that the child be required to make restitution for damage
or loss caused by wrongful acts.
for employment or work programs, to enable children to fulfill their
obligations under subsection (f) hereof, and for other purposes when
deemed desirable by the court.
cases of violation of traffic laws or ordinances, the court may, in
addition to any other disposition, restrain the child from driving
for such periods of time as the court deems necessary, and may take
possession of the child's driving license.
that the child be examined or treated by a physician, surgeon, psychiatrist
or psychologist, or that he receive other special care, and for such
purpose may place the child in a hospital or other suitable facility.
- Appoint a guardian for the child when it appears necessary to do so in the interest of the child, and may appoint a public or private institution or agency in which legal custody of the child is vested as such guardian.
Sec. 11-29. PRIMARY CONSIDERATION TO BE WELFARE OF THE CHILD.
In placing a child under the guardianship or legal custody of an individual or of a private agency or institution, the court shall give primary consideration to the welfare of the child, but whenever practicable may take into consideration the religious preferences of the child and of his parents.
Sec. 11-30. ESTABLISHMENT OF CONDITIONS BY COURT.
In support of a decree under section 11-15, the court may make an order setting forth reasonable conditions to be complied with by the parents, the child, his custodian or any other person who has been made a party to the proceedings, including but not limited to restriction on visitations by the parents or one parent, restrictions on the child's associates, occupation and other activities, and requirements to be observed by the parents or custodian.
Sec. 11-31. HOSPITALIZATION OF CHILD.
With respect to a child within the jurisdiction of the court under section 11-15, the court may order hospitalization in an authorized hospital if the court finds, upon due notice to the parents or guardian and a special hearing conducted in accordance with the applicable laws and regulations, that the child is mentally ill, and because of his illness is likely to injure himself or others if allowed to remain at liberty, or is in need of custody, care or treatment in the mental hospital.
Sec. 11-32. COMMITMENT TO TRAINING SCHOOL.
The court may make an order committing a child within its jurisdiction to an appropriate facility if the child has been found mentally deficient in accordance with the provisions of applicable law and regulations.
Sec. 11-33. OTHER DISPOSITION OF CASES.
The court may make any reasonable orders which are for the best interest of the child or are required for the protection of the public, except that no child may be committed to prison or any child under twelve (12) years of age to jail upon adjudication under this article. The court may combine several modes of disposition where they are compatible.
(Sec 11-33 amended by Resolution No. Ft. McD. 98-02, effective January 5, 1998.)
Sec. 11-34. PERIODIC REVIEW OF CASES.
An order under this article for the placement of a child with an individual or any agency shall include a date certain for a review of the case by the court, with a new date to be set upon each review. The maximum period of time between judgment and the first review and between successive reviews shall be six (6) months.
Sec. 11-35. TERMINATION OF PARENTAL RIGHTS.
The court may terminate all parental rights, provided it complies with provision of section 11-37.
Sec. 11-36. JUDGMENTS AND ORDERS.
Jurisdiction of a child obtained by the juvenile court in a proceeding
under this article shall be retained by it for the purposes of implementing
the orders made and filed in that proceeding until the child becomes
eighteen (18) years of age, unless terminated by order of the court
court may modify or set aside any order or decree made by it, but
no modification of an order placing a child on probation shall be
made upon an alleged violation of the terms of probation, until there
has been a hearing after due notice to all persons concerned.
and a hearing shall also be required in any case m which the effect
of modifying or setting aside an order may be to deprive a parent
of the legal custody of a child, to place the child in an institution
or agency to another, except that transfer from one foster home to
another may be effected without notice and hearing.
of an order terminating probation or protective supervision shall
be given to the parents, guardian, custodian and, where appropriate,
to the child.
- An adjudication by the juvenile court that a child is within its jurisdiction under section 11-15 shall not be deemed conviction of a crime.
Sec. 11-37. CUSTODY OF CHILDREN.
of rights of parents. Before depriving any parent of the custody
of his or her child, the court shall give due consideration to the
preferred right of parents to the custody of their children and shall
not transfer custody to another person, agency or institution unless
the court finds from all the circumstances in the case that the welfare
of the child or the public requires that the child be taken from his
of parental rights.The court may decree a termination of parental
rights as defined herein concerning a child within the purview of
section 11-15 hereof, if the provisions of this chapter are complied
with. The rights of one parent may be terminated without affecting
the rights of the other parent.
for termination. The rights of the parent or parents may be
terminated if the court finds:
the parent is unfit and incompetent by reason of conduct or condition
seriously detrimental to the child; or
the parent has abandoned the child. It shall be prima facie evidence
of abandonment that the parent, although having legal custody
of the child, has surrendered physical custody of the child, and
for a period of one year following such surrender has not by some
affirmative act manifested to the child or to the person having
the physical custody of the child an intention to resume physical
custody or to make arrangements for the care of the child; or
after a period of trial, during which the child was kept in his
own home under protective supervision or probation, or during
which the child was returned to live in his own house, the parent
substantially and continuously or repeatedly refused or failed
to give the child proper parental care and protection.
- That the parent is unfit and incompetent by reason of conduct or condition seriously detrimental to the child; or
required. A termination of parental rights may be ordered
only after a hearing is held specifically on the question of terminating
the rights of the parent. No such hearing shall be held earlier than
ten (10) days after service of summons is completed. The summons shall
contain a statement that the rights of the parent may be terminated
in the proceeding.
of facts. Every order terminating the right of a parent
shall recite the facts upon which the court based its jurisdiction
over the child and shall include the findings upon which the decree
of child. Upon the entry of an order terminating the rights
of the parent, the court may.
the child for adoption under applicable law and regulations; or
any other disposition of the child authorized under section 11-28.
- Place the child for adoption under applicable law and regulations; or
of parents severable. If the rights of only one parent have
been terminated, the right of the other parent to consent to adoption
is not affected by an order placing the child for adoption as provided
in the preceding section.
surrender of parental rights. Nothing contained in
this section shall preclude a parent from surrendering permanent legal
custody voluntarily by instrument in writing, duly acknowledged, for
purpose of adoption, and in accordance with applicable law and regulation.
for modification or revocation of decree. A parent,
guardian or next friend of a child whose legal custody has been transferred
by the court to an individual, agency or institution may petition
the court far restoration of custody or other modification or revocation
of the decree, on the ground that a change of circumstances has occurred
which requires such modification or revocation in the best interest
of the child. The court shall make preliminary investigation, and
may dismiss the petition if it finds that the alleged change of circumstances,
if proved, would not affect the decree. If the court finds that a
further examination of the facts should be had, or if the court on
its own motion determines that the decree should be reviewed, it shall
conduct a hearing upon due notice to all persons concerned and may
thereupon enter an order continuing, modifying, or terminating the
- Exercise of custodial rights. An agency granting legal custody shall have the right to determine where and with whom the child shall live, provided that placement of the child does not remove him from tribal lands without court approval. An individual granted legal custody shall exercise the rights and responsibility involved in legal custody personally, unless otherwise authorized by the court.
Sec. 11-38. APPEALS.
An appeal to Fort McDowell Tribal Court of Appeals may be taken from
any order, decree or judgment of the community juvenile court. Such
appeals are taken from judgments or decrees of the community court,
provided that the appeal must be made within ten (10) days of the
entry of the order, decree, or judgment appeal.
- Unless the court stays its order, the pendency of an appeal shall not stay the order or decree appealed from in a child's case. Where the order or decree appealed from directs a change of legal custody of a child, the appeal shall be heard and decided at the earliest practicable time. The name of the child shall not appear on the record of appeal.
Sec. 11-39. MISCELLANEOUS PROVISIONS.
There shall be no fee for filing a petition under subsection 11-15
(a) and (b) of this Code, nor shall any fees be charged by any community
officer for the service of process or for attendance in court in any
such proceedings. Witness fees shall be payable in accordance with
provisions for witnesses in other Community Courts.
Court shall keep such records as may be required by the judge and
by this article. Records in children's cases shall not be deemed criminal
records and shall not be open to public inspection; but the court
may at its discretion authorize inspection by persons having a legitimate
interest in the proceedings and by persons conducting pertinent research
- This code shall be known and may be cited as the juvenile code.
Sec. 11-51. SCHOOL DEFINED.
A school is any public school, Bureau of Indian Affairs boarding school, private secular or parochial school whether boarding or day which has been duly licensed by the United States or any state, any school operated by or under the jurisdiction of the Fort McDowell Yavapai Indian Community.
Sec. 11-52. SCHOOL ATTENDANCE REQUIRED.
Every child between the ages of six (6) and eighteen (18) years shall
regularly attend school.
parent or other person having custody or care of a child between the
ages of six (6) and eighteen (18)years, shall be responsible for the
regular school attendance of such child.
- The provisions of subsections (a) and (b) shall not be applicable if the juvenile court of the Fort McDowell Yavapai Indian Community has determined that the physical or mental condition of the child makes regular school attendance inexpedient or impracticable.
Sec. 11-53. ATTENDANCE OFFICERS; DUTIES.
The Fort McDowell Yavapai Indian Community may appoint attendance
attendance officers shall enforce the law of the Fort McDowell Yavapai
Indian Community relating to school attendance of children between
the ages of six (6) and eighteen (18) years.
attendance officer may:
arrests for the violation of laws specified in subsection (b)
- Without warrant, bring before the authorities competent to hear and dispose of such cases, children who are absent from school without legal excuse.
- Make arrests for the violation of laws specified in subsection (b) hereof.
Sec. 11-54. PENALTY; JURISDICTION OF JUVENILE COURT.
Any parent or other person having the custody or care of a child required
by law to attend school, who without good cause, refuses or neglects
to send such child to school shall be deemed guilty of an offense
and upon conviction thereof shall be sentenced to imprisonment for
a period not to exceed five (5) days or to a fine not to exceed one
hundred fifty dollars ($150.00), or to both such imprisonment and
fine, with costs.
- The juvenile court shall have jurisdiction pursuant to section 11-15 of this Code over all children who an attendance officer or other interested person charges with failure to regularly attend school
Sec. 11-61. DEFINITION OF MINOR.
In this article, unless the context otherwise requires:
MINOR means a person under the age of eighteen (18) years.
Sec. 11-62. REPORTS OF NONACCIDENTAL INJURIES TO MINORS.
Any physician, hospital intern or resident, surgeon, dentist, osteopath, chiropractor, podiatrist, medical examiner, nurse, psychologist, school personnel, social worker, peace officer, community health worker, or any person having responsibility for the care of children whose observation or examination of any minor disclose evidence of injury, sexual molestation, death, abuse or physical neglect which appears to have been inflicted upon such minor by other than accidental means or which is not explained by the available medical history as being accidental in nature, shall immediately report or cause reports to be made of such information to the Fort McDowell Yavapai Indian Community Police Department or to the Fort McDowell Social Services Department. Such reports shall be made forthwith by telephone or in person forthwith, and shall be followed by a written report. Such reports shall contain:
The names and addresses of the minor and his parents or person or
persons having custody of such minor, if known.
minor's age and the nature and extent of his injuries or physical
neglect, including any evidence of previous injuries or physical neglect.
- Any other information that such person believes might be helpful in establishing the cause of the injury or physical neglect.
Sec. 11-63. SOCIAL SERVICES OFFICE TO BE NOTIFIED.
When such telephone or in-person reports are received by the Fort McDowell Police Department, they shall immediately notify the Fort McDowell Social Services Office and make such information available to them.
Sec. 11-64. PHOTOGRAPHS; MEDICAL EXAMINATIONS.
Any person required to receive reports pursuant to section 11-62 may take or cause to be taken photographs of the child and the vicinity involved. Medical examinations including but not limited to radiological examinations of the involved child may be performed.
Sec. 11-65. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY FOR PERSON REPORTING.
Anyone participating in the making of reports required under the provisions of this article, or anyone participating in a judicial proceeding resulting from such reports shall be immune from any civil or criminal liability by reason of such action unless such person has been charged with or is suspected of abusing or neglecting the child or children in question. The physician-patient privilege, husband-wife privilege or any privilege except the attorney client privilege, provided for by professions such as the practice of social work or nursing covered by law or a code of ethics regarding practitioner-client confidences, both as they relate to the competency of the witness and to the exclusion of confidential communications, shall not pertain in any civil or criminal litigation in which a child's neglect, dependency, abuse or abandonment is an issue or in any judicial proceedings resulting from a report submitted pursuant to this article.
Sec. 11-66. VIOLATION.
A person who violates any provision of this article is guilty of a misdemeanor, and upon conviction may be punished by imprisonment for a period of up to six (6) months or a fine of up to five hundred dollars ($500.00), or both and costs.
(Secs. 11-67 - 11-70. Reserved.)
Sec. 11-71. CURFEW FOR JUVENILES UNDER FOURTEEN YEARS; EXCEPTIONS.
It shall be unlawful for any juvenile under the age of fourteen (14) years to be, remain or loiter in, about or upon any place in the community away from the dwelling house or usual place of abode of said juvenile, between the hours of 10:00 p.m. and 5:00 a.m. of the following day. However, the provisions of this section do not apply to said juvenile when accompanied by his parent, guardian or other adult person having the care, custody or supervision of said juvenile; or when said juvenile is on an emergency errand; or when said juvenile is on reasonable, legitimate and specific business or activity directed or permitted by his parent, guardian or other adult person having the care, custody or supervision of said juvenile.
Sec. 11-72. CURFEW FOR JUVENILES OF THE AGE OF FOURTEEN YEARS AND UNDER EIGHTEEN YEARS; EXCEPTIONS.
It shall be unlawful for any juvenile of the age of fourteen (14) years and under the age of eighteen (18) years to be, remain or loiter in, about or upon any place in the community away from the dwelling house or usual place of abode of said juvenile, between the hours of 12:00 midnight and 5:00 a.m. each day, Monday through Friday and between the hours of 1:00 a.m. and 5:00 a.m. each Saturday, Sunday and holiday. However, the provisions of this section do not apply to any emancipated minor or to a juvenile accompanied by his parent, guardian or other adult person having the care, custody or supervision of said juvenile; or when said juvenile is on an emergency errand; or when said juvenile is on reasonable, legitimate and specific business or activity directed or permitted by his parent, guardian or other adult person having the care, custody or supervision of said juvenile.
Sec. 11-73. RESPONSIBILTIY OF PARENT OR GUARDIAN.
It shall be unlawful for the parent, guardian or other adult person having the care, custody or supervision of a juvenile to permit such juvenile to be, remain or loiter in, about or upon any place in the community away from the dwelling house or usual place of abode of said juvenile in violation of sections 11-71 and 11-72. However, the provisions of this section do not apply when the juvenile is an emancipated minor; or when the juvenile is accompanied by his parent, guardian or other person having the care, custody or supervision of the juvenile; or when the juvenile is on an emergency errand; or when the juvenile is on reasonable, legitimate and specific business or activity directed or permitted by his parent, guardian or other person having the care, custody or supervision of such juvenile.
Sec. 11-74. CURFEW VIOLATIONS TO BE SEPARATE OFFENSES.
Each violation of the provisions of sections 11-71, 11-72 and 11-73 shall constitute a separate offense.
Sec. 11-75. PARENT'S NOT HAVING KNOWLEDGE NOT TO CONSTITUTE DEFENSE.
Sec. 11-76. DELIVERY OF JUVENILE INTO CUSTODY OF PARENT OR GUARDIAN.
In addition to any other powers he may have, any law enforcement officer who arrests a juvenile for violating any of the provisions of sections 11-71 or 11-72 is also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of such juvenile that such parent, guardian or other person come and take such juvenile into custody. Should there be a failure of the parent, guardian or other person to take custody of such juvenile, the officer may then be empowered to take such juvenile home. It shall be unlawful for any such parent, guardian or other person having the care, custody or supervision of said juvenile to fail or refuse to take such juvenile into custody after such demand is made upon him.
Sec. 11-77. PENALTIES.
Any juvenile who shall violate the provisions of section 11-71 or
11-72 shall be guilty of a misdemeanor, and proceedings shall be taken
in accordance with and pursuant to the juvenile code as contained
in section 11-11 et seq. of the Fort McDowell Yavapai Indian Community
Code of Ordinances.
- Any parent or guardian of the person of a juvenile who shall violate the provisions of sections 11-73 or 11-76 shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to imprisonment not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such fine and imprisonment.
Sec. 11-81. INTENT.
The Fort McDowell Yavapai Indian Community recognizes that it is important that child victims and child witnesses of crime cooperate with law enforcement and prosecutorial agencies and that their assistance contributes to community enforcement efforts and the general effectiveness of the criminal justice system of this community. Therefore, it is the intent of the community council by means of this article to ensure that all child victims and witnesses of crime are treated with sensitivity, courtesy and special care in order that their rights may be protected by law enforcement agencies, social agencies, protection afforded the adult victim, witness or criminal defendant.
Sec. 11-82. DEFINITIONS.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this article.
Crime means an act punishable under the laws of
this community or equivalent federal or state law.
means any person under the age of eighteen (18) years.
means any person against whom a crime has been committed.
means a person who has been or is expected to be summoned to testify
for the prosecution in a criminal action, or a person who is subject
to call or likely to be called as a witness for the prosecution by
reason of having relevant information, whether or not an action or
proceeding has been commenced.
member means child, parent, legal guardian, or extended family
- Advocate means any person, including a family member not accused of a crime, who provides support to a child victim or child witness during any legal proceeding.
Sec. 11-83. RIGHTS OF CHILD VICTIMS AND WITNESSES.
There shall be every reasonable effort made by law enforcement agencies, prosecutors and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. The enumeration of these rights shall be construed to create substantive rights and duties; and the application of an enumerated right in an individual case is not subject to the discretion of the law enforcement agency, prosecutor or judge. Child victims and witnesses have the following rights:
have explained in language easily understood by the child all legal
proceedings and/or police investigations in which the child may be
be provided, whenever possible, a secure waiting area during court
proceedings and to have an advocate or support person remain with
the child prior to and during any court proceedings.
- To prevent
the disclosure of the names, addresses or photographs of the living
child victim or witness by any law enforcement agency, prosecutors
office or state agency without the written permission of the child
victim, child witness, parents or legal guardians to anyone except
another law enforcement agency, prosecutor, defense counsel or tribal
or private agency that provides services to the child victim or witness.
- To allow
an advocate to make recommendations to the prosecuting attorney about
the ability of the child to cooperate with prosecution and the potential
effect of the proceedings on the child.
allow an advocate to provide information to the court concerning the
child's ability to understand the nature of the proceedings.
- To be
provided information or appropriate referrals to social service agencies
to assist the child and/or the child's family with the emotional impact
of the crime, the subsequent investigation and judicial proceedings
in which the child is involved.
- To allow
an advocate to be present in court while the child testifies in order
to provide emotional support to the child.
provide information to the court as to the need for the presence of
other supportive persons at the court proceeding while the child testifies
in order to promote the cad's feelings of security and safety.
- To allow
law enforcement agencies the opportunity to enlist the assistance
of other professional personnel such as child protection services,
victim advocates or prosecutorial staff trained in the interviewing
of child victims.
- To be
provided with coordinated tribal services so as to decrease any duplication
of services and to minimize the number of interviews with the child
victim or witness.
- To be provided with the use of closed circuit television or other such similar recording device for the purposes of interviewing or court testimony when appropriate, and to have and advocate remain with the child prior to and during any recording sessions. The use of closed circuit television or other such similar recording device is appropriate when the trial court, after hearing evidence, determines this procedure is necessary to protect the particular child witness' welfare; and specifically fords the child would be traumatized, not by the courtroom generally, but by the defendant's presence and finds that the emotional distress suffered by the child in the defendant's presence is more than de minimus.
Sec. 11-84. CIVIL LIABILITY.
The failure to provide notice to a child victim or witness under this article of the rights enumerated in section 11-83 of this article shall not result in civil liability so long as the failure to notify was in good faith and without gross negligence. The failure to make a reasonable effort to assure that child victims and witnesses are afforded the rights enumerated in section 11-83 of this article shall not result in civil liability so long as the failure to make a reasonable effort was in good faith and without gross negligence.
McDowell Mohave-Apache Indian Community
P.O. Box 17779 Fountain Hills, Arizona 85269-7779
Phone (602) 837-5121 Fax (602) 837-1630
Resolution No. Ft. McD 98-106WHEREAS, the Fort McDowell Mohave-Apache Community Council (Council) has the power to "employ legal counsel ... " Article IV, Section (c), Constitution of the Fort McDowell Mohave-Apache Community.
WHEREAS, the Council has the power to "regulate the domestic relations of members of the Community." Article IV, Section 1(h), Constitution of the Fort McDowell Mohave-Apache Community.
WHEREAS, the Council has the power to "pass ordinances or resolutions incidental to the exercise of any of the foregoing powers." Article IV, Section 1(i), Constitution of the Fort McDowell Mohave-Apache Community.
WHEREAS, the Council has the power to "lay down criminal and civil codes of ordinances governing the conduct of members of the Community and nonmember Indians of the Community." Article IV, Section 2(h), Constitution of the Fort McDowell Mohave-Apache Community.
WHEREAS, the Council has the power to "establish a Community Court." Article IV, Section 2(i), Constitution of the Fort McDowell Mohave-Apache Community.
WHEREAS, the Council wishes to amend Chapter 1, Section 1-25.B, and Chapter 11, Section 11-27(g), of the Community's Law and Order Code.
NOW THEREFORE BE IT RESOLVED that the Council hereby adopts the amendments to Chapter 1, Section 1-25.B, and Chapter 11, Section 11-27(g), of the Community's Law and Order Code which is attached hereto as Appendix A.
the authority contained in Article IV, Section 1(c), (h), (i) and Section
2(h), (i), Constitution of the Fort McDowell Mohave-Apache Community,
ratified by the Tribe on October 3, 1936, and approved by the Secretary
of the Interior on November 24, 1936, the foregoing Resolution No. Ft.
McD 99-106 was adopted on this 9th of September,
1999, at a Community Council meeting held on the Fort McDowell Mohave-Apache
Community, at which a quorum of 5 members were present and 0
were absent by a vote of 4 for and 0 opposed and 0 abstained.
Bernadine Boyd, President
Mohave-Apache Community Council
Rozelda Duenas, Secretary