---

Mescalero Apache Tribe of the Mescalero Reservation, New Mexico - Tribal Code

Dated: Various

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

The tribe has not given permission for the full-text document to be made available online. Please contact the library for assistance.

Table of Contents

Children's Code. (Adopted June 25, 2007) (44 pgs).
Ordinance 07-16
Section 1. Scope.

11-1-1. Purpose
11-1-2. Policy.
11-1-3. Short Title.
11-1-4. Construction.
11-1-5. Definitions.

Section 2. Jurisdiction.

11-2-1. Jurisdiction.
11-2-2. Jurisdiction over certain pregnant women.
11-2-3. Transfer of cases to the Children's Court from the general Tribal Court.
11-2-4. Transfer of serious cases to the general Tribal Court.
11-2-5. Transfer of other cases to the general Tribal Court.
11-2-6. Transfer of cases to other courts from the Children's Court.
11-2-7. Concurrent jurisdiction and violations of probation or protective supervision.
11-2-8. Continuance of jurisdiction.
11-2-9. Termination of jurisdiction.

Section 3. Powers and duties

11-3-1. Powers and duties of the Children's Court.
11-3-2. Annual reports.
11-3-2. Consultations with experts in certain areas.

Section 4. Court Personnel, appointment, and duties.

11-4-1. Appointment of officers.
11-4-2. Judge.
11-4-3. Probation officers.
11-4-4. Clerk.
11-4-5. Presenting officer.
11-4-6. Advocate for the parent, guardian, or caretaker or other involved party.
11-4-7. Advocate for the child.
11-4-8. Advocates and privileged communications.
11-4-9. Child advocacy standards.
11-4-10. Confidentiality of proceedings and related information.

Section 5. Court procedure.

11-5-1. Proceedings.
11-5-2. General rules of procedure.
11-5-3. Professional attorneys.
11-5-4. Proceedings and orders not criminal in nature.
11-5-5. Filing fees, witness fees, and other expenses.
11-5-6. Records to be kept, accessibility.
11-5-7. Social investigations.
11-5-8. Hearings, no jury.
11-5-9. Access to hearings.
11-5-10. Hearings and separate questioning of certain parties.
11-5-11. Hearings and evidence.
11-5-12. Consolidation of proceedings.
11-5-13. Amendment to proceedings and continuances.
11-5-14. Special rules of procedure, fish and game, and boating violations.
11-5-15. Presence of parent(s) and appointment of advocate for the child.
11-5-16. Grounds for re-hearing.

Section 6. Judgments, orders, and appeals.

11-6-1. Finality of judgments and appeals.
11-6-2. Appeals procedure.
11-6-3. Stay and pending appeal.
11-6-4. Effectiveness of judgments.
11-6-5. Termination of orders vesting legal custody or care, custody, and supervision and renewals.
11-6-6. Orders, modifications, and requirements.
11-6-7. Orders terminating probation or protective supervision, notice.
11-6-8. Refusal to obey and order and contempt.
11-6-9. Payment of fines and penalties.

Section 7. Service of process, search warrants, and subpoenas.

11-7-1. Summons, when required.
11-7-2. Summons, content, requirements.
11-7-3. Immediate custody of child.
11-7-4. Emergency medical treatment.
11-7-5. Compulsory attendance of witness.
11-7-6. Service, by whom served.
11-7-7. Manner of service.
11-7-8. Service, time requirements.
11-7-9. Search and siezure warrants.
11-7-10. Failure to appear and contempt.
11-7-11. Subpoenas.
11-7-12. Orders restraining conduct.
11-7-13. Arrest of parent(s), guardian, or caretaker or a child.

Section 8. Juvenile justice.

11-8-1. Arrest of a child
11-8-2. Notification of parent(s), guardian, or caretaker of release of child.
11-8-3. Detention of child.
11-8-4. Detention and duty to report.
11-8-5. Restrictions on detention.
11-8-6. Detention or release at the discretion of the judge.
11-8-7. Petitions and commencement of proceedings.
11-8-8. Preliminary inquiry.
11-8-9. Petitions, content.
11-8-10. Verification of petitions.
11-8-11. Petitions, dismissal.
11-8-12. Motor vehicle violations.
11-8-13. Informal adjustment of behavior.
11-8-14. Consent decree.
11-8-15. Rights of the child.
11-8-16. Double jeopardy.
11-8-17. Findings of jurisdiction.
11-8-18. Disposition of a case.
11-8-19. Examinations.
11-8-20. Hospitalization or commitment of a mentally ill child.
11-8-21. Termination of parental rights.
11-8-22. Other disposition of cases.

Section 9. Child welfare.

11-9-1. General duty to report child abuse and neglect.
11-9-2. Persons specifically required to report and the nature of such report.
11-9-3. Privileged communications and the duty to report.
11-9-4. Penalty for not reporting.
11-9-5. Procedures for suspected child abuse or neglect in emergency or life-threatening situations.
11-9-6. Emergency placement hearings.
11-9-7. Determination of the need for immediate chage of dwelling.
11-9-8. Evaluation and treatment of child, parent, guardian, or caretaker.
11-9-9. Verification of child abuse or neglect reports where child appears to not be in immediate danger.
11-9-10. Commencement of actions, petitions and preliminary inquiry.
11-9-11. Petitions, content.
11-9-12. Verification of petitions.
11-9-13. Petitions and probation officers.
11-9-14. Petitions and temporary custody.
11-9-15. Petitions, dismissal.
11-9-16. Examinations.

Section 10. Placement, custody, and care, control, and supervision of children

11-10-1. Child placement policy.
11-10-2. Parent's preferred right to custody.
11-10-3. Restrictions on placement.
11-10-4. Placement priorities.
11-10-5. Placement preference for least restrictive and culturally appropriate setting.
11-10-6. Child abuse and the perpetrator's residence.
11-10-7. Proceedings to return custody to parent or guardian.
11-10-8. Limitations on parent's right to regain custody.
11-10-9. Duties and restrictions of an individual with legal custody.
11-10-10. Care, control, and supervision preferred.
11-10-11. Duties and restrictions of an agency with legal custody.
11-10-12. Modification and revocation of custody orders.
11-10-13. Intergovernmental agreements and placement of children with agencies or institutions.
11-10-14. Case plan.
11-10-14. Disposition orders.
11-10-15. Disposition and review hearing.
11-10-16. Permanency planning hearing.

Section 11. Termination of parental rights.

11-11-1. Termination of parental rights.
11-11-2. Parental rights, grounds for termination.
11-11-3. Standard of proof.
11-11-4. Procedure for terminating parental rights.
11-11-5. Parental rights, order terminating and appeals.
11-11-6. Disposition after termination of parental rights.
11-11-7. Parental rights, rights of non-terminated parent.
11-11-8. Parental rights, voluntary surrender.

Section 12. Implementation of Indian Child Welfare Act.

11-12-1. Receipt of notice.
11-12-2. Order declaring that the Tribe is an interested party.
11-12-3. Investigation report and request for transfer.
11-12-4. Motion to intervene.
11-12-5. Petition for transfer.
11-12-6. Hearings upon grant of transfer request by state court.

Additional ordinances in NILL's collection:

Ordinance no. 82-2. Hunting and fishing proclamation. (1982). (10 pgs).
Section IV. 1982 public hunt, Mescalero Apache Reservation.  Special hunts.  General provisions - applicable to general public.  Hunting and trapping of predatory animals on the Mescalero Apache Reservation.  Fishing regulations.

Ordinance no. 77-1. [Hunting and fishing]. (1977). (2 pgs).

Ordinance no. 70-2. [Disposal of refuse]. (1970). (2 pgs).