Chapter 10 (2026)
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Chapter 10
DOMESTIC RELATIONS
Article I.
Paternity
Sec. 10-1.
Sec. 10-2.
Sec. 10-3.
Sec. 10-4.
Sec. 10-5.
Sec. 10-6.
Purpose.
Definitions.
Jurisdiction; jurisdiction over nonresidents; notice.
Paternity petition.
Presumption of paternity.
Initial paternity hearing; evidentiary paternity hearing; evidence
relating to paternity.
Sec. 10-7.
DNA testing; results; rebuttal; additional tests.
Sec. 10-8.
Rules for adjudication of paternity.
Sec. 10-9.
Paternity orders; default orders; paternity established by other
jurisdictions.
Sec. 10-10.
Disestablishment of presumed paternity.
Secs. 10-11—10-28. Reserved.
Article II.
Marriage, Divorce, Annulment, Separate Maintenance
Division 1.
Generally
Sec. 10-29.
Sec. 10-30.
Sec. 10-31.
Sec. 10-32.
Sec. 10-33.
Sec. 10-34.
Sec. 10-35.
Sec. 10-36.
Sec. 10-37.
Sec. 10-38.
Sec. 10-39.
Judges may perform marriages.
Marriages to be according to state law.
Marriages validated.
Procedure for judgment of validity.
Bigamy.
Annulment of marriage.
Divorce or separate maintenance.
Procedure for annulment, divorce or separate maintenance.
Legitimacy of children not affected by divorce.
Permanent alimony, custody of children and costs.
Modification of judgment affecting alimony and support of
minor children.
Secs. 10-40—10-48. Reserved.
Division 2.
Sec. 10-49.
Sec. 10-50.
Sec. 10-50.1.
Sec. 10-51.
Sec. 10-52.
Sec. 10-53.
Sec. 10-54.
Sec. 10-55.
Sec. 10-56.
Sec. 10-57.
Sec. 10-58.
Sec. 10-59.
Sec. 10-60.
Sec. 10-61.
Sec. 10-62.
Sec. 10-63.
Supp. No. 6
Child Support
Purpose.
Definitions.
Full faith and credit of child support orders.
Child support guidelines.
Jurisdiction.
General provisions.
Service; notice.
Back child support.
Duties of support.
Representation by Community; modification of order by Community; liability of parents.
Petition for child support.
Hearings; noncontested orders; orders generally.
Default.
Modification of child support; termination of child support;
financial information.
Enforcement.
Order for support; methods of payment.
CD10:1
COMMUNITY CODE OF ORDINANCES
Sec. 10-64.
Statute of limitations.
Sec. 10-65.
Assignment.
Sec. 10-66.
Termination.
Sec. 10-67.
Determination of controlling order.
Sec. 10-68.
Overpayments.
Secs. 10-69—10-76. Reserved.
Article III.
Adoption
Sec. 10-77.
Sec. 10-78.
Sec. 10-79.
Sec. 10-80.
Adoption of a minor.
Age of person adopting.
Consent of spouse.
Consent to adoption by natural parents and by child over 12
years.
Sec. 10-81.
Form and content of consent to adoption.
Sec. 10-82.
Termination of parental rights.
Sec. 10-83.
Hearing to be by juvenile court; ruling on grounds for termination.
Sec. 10-84.
Hearing, order and rights under adoption order.
Sec. 10-85.
Adoption of illegitimate child by father.
Secs. 10-86—10-96. Reserved.
Article IV.
Guardianship
Division 1.
Generally
Secs. 10-97—10-113. Reserved.
Division 2.
Guardianship For Minors
Sec. 10-114.
Sec. 10-115.
Sec. 10-116.
Sec. 10-117.
Sec. 10-118.
Sec. 10-119.
Sec. 10-120.
Sec. 10-121.
Sec. 10-122.
Sec. 10-123.
Sec. 10-124.
Definitions.
Types of guardianship.
Petition for guardianship.
Service of the petition for guardianship; notice of hearing.
Guardianship report and background study.
Guardianship hearing.
Jurisdiction over court-appointed guardians.
Appointment by will.
Rules for selection of court-appointed guardian.
Rights and responsibilities of guardians.
Removal of guardian; relinquishment proceedings; revocation of
guardianship.
Sec. 10-125.
Termination of powers of guardians appointed by court.
Sec. 10-126.
Delegation of powers by parent or legally appointed guardian.
Secs. 10-127—10-150. Reserved.
Division 3.
Guardians For Incompetent Adults
Sec. 10-151.
Guardians of incompetent members.
Sec. 10-152.
Duties; bond.
Sec. 10-153.
Restoration of capacity.
Sec. 10-154.
State laws applicable.
Secs. 10-155—10-160. Reserved.
Division 4.
Sec. 10-161.
Sec. 10-162.
Sec. 10-163.
Supp. No. 6
Guardian Ad Litem
Purpose.
Legal services office to administer.
Scope of rules.
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DOMESTIC RELATIONS
Sec. 10-164.
Appointment of guardian ad litem.
Sec. 10-165.
Training.
Sec. 10-166.
Timing of appointments.
Sec. 10-167.
Appointment procedure.
Secs. 10-168—10-178. Reserved.
Article V.
Protection For Elderly and Vulnerable Adults
Sec. 10-179.
Sec. 10-180.
Sec. 10-181.
Generally.
Definitions.
Reporting abuse, neglect or exploitation of an elderly or vulnerable adult.
Sec. 10-182.
Procedure for investigation of allegations of abuse, exploitation
or neglect of an elderly or vulnerable adult.
Sec. 10-183.
Immunity of participants; nonprivileged communication.
Sec. 10-184.
Medical and financial records.
Sec. 10-185.
Causing or permitting imperilment of life, health or property;
criminal penalties; civil remedies.
Sec. 10-186.
Other violations; remedies.
Sec. 10-187.
Court proceedings.
Sec. 10-188.
Hearings.
Sec. 10-189.
Orders prior to a final determination.
Sec. 10-190.
Elderly or vulnerable adult order of protection; petition; procedure
for issuance; contents; emergency orders; violation.
Sec. 10-191.
General rules applicable to court proceedings under this article.
Secs. 10-192—10-220. Reserved.
Article VI.
Commitment and Treatment of Mentally Ill Persons
Sec. 10-221.
Policy.
Sec. 10-222.
Definitions.
Sec. 10-223.
Emergency apprehension.
Sec. 10-224.
Petition for evaluation; filing time.
Sec. 10-225.
Detention for evaluation; hearing.
Sec. 10-226.
Hearing procedures.
Sec. 10-227.
Patient's rights at hearings.
Sec. 10-228.
Confidential records.
Secs. 10-229—10-249. Reserved.
Article VII.
Domestic Violence
Sec. 10-250.
Policy.
Sec. 10-251.
Jurisdiction.
Sec. 10-252.
Definitions.
Sec. 10-253.
Offenses.
Sec. 10-254.
Sentencing and penalties.
Sec. 10-255.
Treatment and counseling.
Sec. 10-256.
Orders of protection.
Sec. 10-257.
Reporting domestic violence.
Secs. 10-258—10-263. Reserved.
Article VIII.
Sec. 10-264.
Sec. 10-265.
Sec. 10-266.
Sec. 10-267.
Sec. 10-268.
Supp. No. 6
Grandparents' Rights
Purpose; definitions.
Jurisdiction; notice; service.
General provisions; confidentiality.
Petition for grandparents' rights.
Grandparents' rights hearing; standards; order.
CD10:3
COMMUNITY CODE OF ORDINANCES
Sec. 10-269.
Parental rights previously terminated; remarriage of surviving
parent; cost of visitation.
Sec. 10-270.
Establishment of paternity; full faith and credit.
Secs. 10-271—10-299. Reserved.
Article IX.
Office of Public Fiduciary
Sec. 10-300.
Purpose.
Sec. 10-301.
Scope.
Sec. 10-302.
Definitions.
Sec. 10-303.
The office of the public fiduciary.
Sec. 10-304.
Duties and standards.
Sec. 10-305.
Office as conservator.
Sec. 10-306.
Office as guardian.
Sec. 10-307.
Annual audit.
Secs. 10-308—10-349. Reserved.
Article X.
Sec. 10-350.
Sec. 10-351.
Sec. 10-352.
Sec. 10-353.
Sec. 10-354.
Sec. 10-355.
Sec. 10-356.
Sec. 10-357.
Sec. 10-358.
Sec. 10-359.
Sec. 10-360.
Sec. 10-361.
Sec. 10-362.
Sec. 10-363.
Sec. 10-364.
Sec. 10-365.
Sec. 10-366.
Sec. 10-367.
Sec. 10-368.
Sec. 10-369.
Sec. 10-370.
Sec. 10-371.
Supp. No. 6
Child Custody
Purpose.
Definitions.
General provisions; jurisdiction.
Petition for child legal decision-making authority and/or parenting time.
Legal decision-making authority and/or parenting time hearing.
Mediation.
Temporary orders.
Parenting time plans.
Relocation of child; exception; enforcement.
Identification of a primary caretaker and public assistance;
child support.
Order; default.
Modification of legal decision-making authority or parenting
time order; affidavit; contents; military families.
Violation of parenting time rights; penalties.
Determination of controlling child legal decision-making authority and/or parenting time order.
Sexual offenders; murderers; domestic violence; legal decisionmaking and parenting time; notification of risk to child.
Parental access to the child's records.
In camera interview; professional assistance.
Investigations and reports.
Legal decision-making and parenting time hearings; priority;
costs; record.
Third party rights.
Sexual assault conviction; effect on rights.
Family law services and resources.
CD10:4
DOMESTIC RELATIONS
ARTICLE I. PATERNITY
Court means the Community court.
Sec. 10-1. Purpose.
The purpose of this chapter is to ensure that
the father of each Community child or child
residing on the Salt River Pima-Maricopa Indian
Reservation is identified and paternity is established in order to protect the best interest of all
children. Community children are the most vital
and valued resource to the continued existence,
the future, and integrity of the Community. The
Community has a compelling interest in promoting and maintaining the health and well-being of
all Community children.
(Code 1976, § 3.8; Code 1981, § 10-1(a); Code
2012, § 10-1(a); Ord. No. SRO-365-2010, § 10-1(a),
7-7-2010; Ord. No. SRO-402-2012, § 10-1(a), 5-302012)
DNA testing means deoxyribonucleic acid, hereafter referred to as DNA, paternity test to establish that the alleged father is the child's biological
father with a probability of paternity of 95 percent or higher.
Expert means a person who is qualified, either
by actual experience, education, training or skill
to form definite opinions with in a particular
subject.
Legal department means legal services office,
office of the general counsel, Community prosecutor's office, and/or parents advocate's office.
Party means the parent, guardian, child, appointed guardian ad litem or Community to whom
certain rights accrue, including, but not limited
to, with certain restrictions and limitations:
Sec. 10-2. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Adjudicated father means a man who has been
adjudicated by a court of competent jurisdiction to
be the father of a child.
(1)
The right to be notified of proceedings;
(2)
To retain counsel or, in some cases, to
secure court-approved representation;
(3)
To appear and present evidence;
(4)
To call, examine, and cross examine witnesses;
(5)
The unlimited or restricted right to discovery and the inspection of records; and
(6)
The right to request a hearing or appeal a
final order.
Alleged father.
(1)
(2)
The term "alleged father" means a man
who alleges himself to be, or is alleged to
be, the DNA father or a possible DNA
father of a child, but whose paternity has
not been determined.
The term "alleged father" does not include:
a.
A presumed father; or
b.
A man whose parental rights have
been terminated or declared not to
exist.
Child means a person who is less than 18 years
old who has not been emancipated by order of a
court of competent jurisdiction or by legal marriage.
Community means the Salt River PimaMaricopa Indian Community.
O.C. Revision
§ 10-2
Paternity means a determination of the identity of the biological father. The term "establishing paternity" means identifying the father of a
child and legally determining that he is the father.
Presumed father means a man who is recognized as the father of a child until that status is
rebutted or confirmed in a judicial proceeding.
Presumption means a fact assumed to be true
under law.
SRPMIC means the Salt River Pima-Maricopa
Indian Community.
Subsequent documents means every order, every written pleading subsequent to the original
CD10:5
§ 10-2
COMMUNITY CODE OF ORDINANCES
complaint, every written motion, and every written notice, appearance, judgment, or other document filed with the Community court.
Summons means a document issued by a court
informing a person that a complaint has been
filed against that person and notifies the respondent of his or her obligation to appear before the
court.
Unavailable means an individual who has failed
to appear in court either in person or in writing,
or who is deceased.
(Code 1976, § 3.8; Code 1981, § 10-1(b); Code
2012, § 10-1(b); Ord. No. SRO-365-2010, § 10-1(b),
7-7-2010; Ord. No. SRO-402-2012, § 10-1(b), 5-302012)
Sec. 10-3. Jurisdiction; jurisdiction over nonresidents; notice.
(a) Personal jurisdiction over an individual
under this article may be established where the
parties are any of the following:
(1)
Is member of the Community;
(2)
Is domiciled or residing within the Community;
(3)
Who engaged in sexual intercourse in the
Community and the child may have been
conceived by that act of intercourse;
(4)
An individual who consents to the jurisdiction of the court by one of the following:
a.
Filing an action with the court;
b.
Knowingly and voluntarily giving
written consent to the jurisdiction of
the court;
c.
Entering notice of appearance before
the court in an action without concurrently preserving the defense of
lack of personal jurisdiction or filing
a motion to dismiss for lack of personal jurisdiction within 30 days of
entering the notice of appearance;
d.
O.C. Revision
(5)
Is a real party in interest to a lease of land
and/or improvements within the Community and then as to matters involving such
leasehold interests; or
(6)
Is a real party in interest regarding the
ownership of land and/or improvements
located within the reservation boundaries
and sought to be acquired pursuant to the
powers of eminent domain.
(7)
No other court outside of Community has
jurisdiction or another jurisdiction has
declined to exercise jurisdiction on the
ground that the Community is the more
appropriate forum, at least one of the
parties resides in the Community and it is
in the child's best interest that the court
assume jurisdiction.
(b) The fact that the petitioner or child or both,
petitioner and child, have never been residents of
the Community shall not bar the proceedings.
(c) The court shall retain jurisdiction over the
cause for the purpose of entering such order and
any further orders as changing circumstances of
the parties may in justice and equity require.
(d) Basis for jurisdiction over nonresident. In a
proceeding to establish paternity under this section, the court may exercise personal jurisdiction
over a nonresident individual or the individual's
guardian if any of the following is true:
Appearing in an action before the
court without asserting the defense
of lack of personal jurisdiction;
CD10:6
(1)
The individual is personally served within
the Community;
(2)
The individual submits to the jurisdiction
of the Community by consent, by entering
a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3)
The individual resided with the child in
the Community;
(4)
The individual resided in the Community
and provided prenatal expenses or support for the child;
(5)
The child resides in the Community as a
result of the acts or directives of the
individual;
DOMESTIC RELATIONS
(6)
The individual engaged in sexual intercourse in the Community and the child
may have been conceived by that act of
intercourse; or
(7)
There is any other basis consistent with
the Constitutions of the Community and
the United States for the exercise of personal jurisdiction.
(e) Notice to persons outside the Community.
(1)
Notice required for the exercise of jurisdiction if a person is outside the Community may be given in a manner prescribed
by the law of the Community for service of
process. Notice must be given in a manner
reasonably calculated to give actual notice but may be by publication if other
means are not effective. If notice is done
by publication, publication must be done
in the county that the respondent last
resided in and in the Community.
§ 10-4
juvenile court from determining other issues before the court unless required by
an ordinance.
(b) Satisfying requirements under enrollment
ordinance. Establishing paternity under this chapter may not simultaneously satisfy the requirements under the enrollment ordinance.
(c) Governing rule. Any paternity action under
this chapter shall be governed by the Community's civil rules of procedure unless otherwise
provided.
(d) Use of similar documents. Any party may
use documents other than those provided pursuant to this section if the documents are substantially similar pursuant to this section.
(e) Who may file petition. A petition to request
the court to establish paternity may be filed by:
(1)
An adult child, or, a child's legal guardian;
(2)
The child's natural mother;
(3)
Any adult female who is pregnant, or any
individual who is the legal guardian of a
pregnant minor child;
(4)
Any alleged father of the child;
A person submits to the jurisdiction of the
court by filing a responsive pleading; or
(5)
Any Community legal department with
an interest in determining parentage; or
(2) A person appears at any hearing.
(Code 1981, § 10-2; Code 2012, § 10-2; Ord. No.
SRO-365-2010, § 10-2, 7-7-2010; Ord. No. SRO402-2012, § 10-2, 5-30-2012)
(6)
Any court appointed guardian ad litem
with an interest in determining parentage.
(2)
Proof of service may be made in the manner prescribed by the Community.
(f) Notice to respondents. Notice is not required if the person submits to the jurisdiction of
the court.
(1)
(f) Contents of petition. A petition to establish
paternity shall state:
Sec. 10-4. Paternity petition.
(a) Generally.
(1)
A paternity proceeding under this chapter
may stand alone as a separate proceeding
or it may be joined with an action to
determine child support, divorce, annulment, custody or any other civil action in
which paternity is an issue including dependency actions.
(2)
If the paternity action has been joined
with a dependency action, the establishment of paternity shall not prohibit the
CD10:7
(1)
The names, dates of birth, addresses and
whether such addresses are within the
exterior boundary of the Community, and
tribal affiliations, if any, of the natural
mother, all potential fathers, the child, all
others who have legal rights of custody,
visitation, or support of the child, and of
the petitioner. If any of the information is
unknown, the petition should state the
information is unknown;
(2)
The basis for the court's jurisdiction pursuant to section 10-3(a)(1) through (6);
§ 10-4
COMMUNITY CODE OF ORDINANCES
signed by both parents acknowledging
paternity and both parent's signatures
are notarized; or
(3)
Whether the natural mother and the alleged father are or were married, and the
dates of marriage, separation, and divorce, if any;
(4)
Whether the natural mother and alleged
father agree that the alleged father is the
natural father of the child;
(5)
Whether there are other paternity proceedings, paternity affidavits or court orders concerning the child or whether parental rights have been terminated; and
(b) If a man has a presumption of paternity, he
is considered the legal father by the court.
A certified copy of the child's birth certificate shall be attached to the petition or
provided to the court at least five days
before the first hearing.
(Code 1981, § 10-3; Code 2012, § 10-3; Ord. No.
SRO-365-2010, § 10-3, 7-7-2010; Ord. No. SRO402-2012, § 10-3, 5-30-2012)
(c) A presumption of paternity established under this section may be rebutted only by adjudication as described herein and with clear and
convincing evidence.
(Code 1981, § 10-4; Code 2012, § 10-4; Ord. No.
SRO-365-2010, § 10-4, 7-7-2010; Ord. No. SRO402-2012, § 10-4, 5-30-2012)
(6)
Sec. 10-5. Presumption of paternity.
(a) A man is presumed to be the natural father
of a child if:
(1)
He and the child's natural mother are or
have been married to each other and the
child is born during the marriage, or within
300 days after the marriage is terminated
by death, annulment, declaration of invalidity, divorce, or dissolution, or after a
decree of separation is entered by a court;
(2)
Before the child's birth, he and the child's
natural mother have attempted to marry
each other by a marriage formalized in
apparent compliance with law, although
the attempted marriage is or could be
declared invalid, and the child is born
within 300 days after the termination of
cohabitation;
(3)
(4)
(5)
DNA testing affirms at least a 99 percent
probability of paternity. DNA testing results must come from a DNA lab accredited by the American Association of Blood
Banks and be certified.
Sec. 10-6. Initial
paternity
hearing;
evidentiary paternity hearing; evidence relating to paternity.
(a) Generally. The general public shall be excluded from the proceedings under this section.
Only the parties and their counsel may attend the
hearing. Any witnesses may attend the hearing
but are not to remain in the courtroom until they
are called to testify. After the witness has testified, the witness may be excluded and/or excused
from the courtroom proceeding unless the parties
have no objections to the witness's presence in the
courtroom.
After the child's birth, he and the child's
natural mother have attempted to marry
each other by a marriage formalized in
apparent compliance with law, although
the attempted marriage is or could be
declared invalid, and with his consent, he
is named as the child's father on the
child's birth certificate;
He is named as the father by an official
government issued birth certificate that is
CD10:8
(b) Service of subsequent documents.
(1)
If service of the original petition and summons was effectuated at respondent's residence, every subsequent document shall
be served upon by first class mail.
(2)
If a respondent files a responsive pleading
or appears at any hearing, every subsequent document shall be served upon by
first class mail.
(3)
The parties shall inform the court of their
mailing address and update their address
within ten days of any change of address.
A parties' failure to update the court of a
DOMESTIC RELATIONS
(4)
change of mailing address is not a defense
for the individual's lack of a notice of any
court action.
(c) Initial paternity hearing.
(1)
(2)
(3)
The court shall set an initial paternity
hearing 30 days after the respondents
have been served with the original complaint and summons.
If paternity is being contested and
the court finds that it is the best
interest of the minor child, order the
parties to submit to DNA testing
unless good cause exists pursuant to
subsection (d)(2)a of this section;
b.
Determine the good cause basis pursuant to this subsection, if applicable;
c.
Schedule an evidentiary hearing;
d.
Resolve any discovery and disclosure disputes;
e.
If the alleged father is unavailable
and if the court finds that it is the
best interest of the minor child to
establish paternity by DNA, identify
potential family members to submit
to DNA testing; and
f.
Any other orders the court deems
appropriate.
(1)
The mother of the child and the alleged
father shall be compelled to testify at the
paternity hearing, if available. A woman
may be excused from identifying or locating the father of her child when there is
good cause not to reveal his identity or
location. The court may hold a closed, ex
parte hearing to determine whether good
cause exists. Good cause is a case that
involves incest, rape or as determined by
the court;
(2)
If the court finds it is the best interest of
the minor child, the court may require the
child, mother and alleged father's mother
of the child to provide DNA samples prior
to and for the paternity hearing. If the
alleged father is unavailable, DNA samples may be sought pursuant to section
10-7(a)(6).
If the paternity proceeding has been joined
with an action other than a dependency
action, the court may:
a.
b.
After the initial hearing is held, the court
shall issue an order regarding the actions
taken within two business days.
(d) Evidentiary paternity hearing rules. The
following rules shall apply to evidentiary paternity hearings:
At the initial paternity hearing, the court
shall:
a.
§ 10-6
Enter temporary orders in accordance with the stipulations of the
parties, or if agreed to by the parties,
based upon discussions, avowals, and
arguments presented at the initial
hearing.
Order evaluations, assessments, appraisals, appointments or other special procedures needed to properly
manage the case and resolve the
disputed issues.
CD10:9
a.
A woman may be excused from submitting to DNA testing or from identifying or locating the father of her
child when there is good cause not to
reveal his identity or location. The
court may hold a closed, ex parte
hearing to determine whether good
cause exists. Good cause is a case
that involves incest, rape or as determined by the court.
b.
DNA results obtained pursuant to
this section shall not be admissible
for purposes of criminal prosecution.
(3)
Testimony of a health care provider concerning the medical circumstances of the
pregnancy and the condition and characteristics of the child upon birth is not
privileged for purposes of admitting this
evidence;
(4)
Medical records may be used, if the expert
is not available to provide testimony. Unless the sources of information or other
§ 10-6
(5)
COMMUNITY CODE OF ORDINANCES
circumstances indicate lack of trustworthiness, records, reports, statements or
data compilation, in any form from a
medical office or agency may be used as
evidence; and
testing laboratory of the following information is sufficient to establish a reliable
chain of custody that allows the results of
genetic testing to be admissible without
testimony:
The parties may provide testimony on
how the costs of paternity testing shall be
paid and the court will make a determination based on this testimony.
a.
The names and photographs of the
individuals whose specimens have
been taken;
b.
The names of the individuals who
collected the specimens;
c.
The places and dates the specimens
were collected;
d.
The names of the individuals who
received the specimens in the testing
laboratory; and
e.
The dates the specimens were received.
(e) Evidence. Evidence relating to paternity
may include:
(1)
(2)
DNA test results, weighted in accordance
with evidence of the statistical probability
of the alleged father's paternity;
Testimony and/or evidence of sexual intercourse between the mother and alleged
father at any possible time of conception;
(3)
An expert's opinion concerning probability of the alleged father's paternity based
upon the duration of the mother's pregnancy;
(4)
Written proof of father's acknowledgment; and
Any other evidence relevant to the issue
of paternity of the child.
(Code 1981, § 10-5; Code 2012, § 10-5; Ord. No.
SRO-365-2010, § 10-5, 7-7-2010; Ord. No. SRO402-2012, § 10-5, 5-30-2012)
(3)
Admission into evidence. Unless a party
objects to the results of DNA tests in
writing at least five days before the hearing, the tests shall be admitted as evidence of paternity without the need for
foundation testimony or other proof of
authenticity.
(4)
Affidavit of DNA expert. The results of
DNA tests must be accompanied by an
affidavit from the expert describing the
expert's qualifications and analyzing and
interpreting the results as well as documentation of the chain of custody of the
DNA samples as described in subsection
(a)(2) of this section.
(5)
Contempt of court. Failure to submit to
DNA tests when required by the court
may constitute contempt of court.
(6)
DNA testing when specimens not available. If a DNA testing specimen is not
available from an alleged father of a child,
for good cause and under circumstances
the court considers to be just, the court
may consider specimens from the following:
(5)
Sec. 10-7. DNA testing; results; rebuttal; additional tests.
(a) DNA tests may be required. The court may
require the child, mother and alleged fathers to
submit to DNA tests, unless good cause, as described section 10-6, exists not to require such
testing. The following requirements apply to DNA
testing under this section:
(1)
Lab accredited. The tests shall be performed by a DNA lab accredited by the
American Association of Blood Banks.
(2)
Report of DNA testing. A report of DNA
testing must be in a record and signed
under penalty of perjury by a designee of
the testing laboratory. A report made under the requirements of this article is self
authenticating. Documentation from the
CD10:10
a.
The parents of the alleged father;
b.
Brothers and sisters of the alleged
father;
DOMESTIC RELATIONS
(7)
c.
Other children of the alleged father
that paternity has previously been
established by DNA and their mothers; and
d.
Other relatives of the alleged father
necessary to complete DNA testing.
Issuance of order. Issuance of an order
under this section requires a finding that
a need for DNA testing outweighs the
legitimate interests of the individual
sought to be tested. The potential family
members are not required to provide
DNA samples and any collection of their
DNA samples shall be collected pursuant
to the individual's consent.
testing. If the previous DNA testing identified a
man as the father of the child, the court may not
order additional testing unless the party provides
payment for the testing.
(Code 1981, § 10-6; Code 2012, § 10-6; Ord. No.
SRO-365-2010, § 10-6, 7-7-2010; Ord. No. SRO402-2012, § 10-6, 5-30-2012)
Sec. 10-8. Rules for adjudication of
paternity.
The court shall apply the following rules to
adjudicate the paternity of a child:
(1)
The paternity of a child having a presumed
or adjudicated father may be disproved
only by admissible results of DNA testing excluding that man as the father of
the child or identifying another man as
the father of the child.
(2)
Unless the results of DNA testing are
admitted to rebut other results of DNA
testing, a man identified as the father of
a child must be adjudicated the father of
the child.
(3)
If the court finds that DNA testing neither
identifies nor excludes a man as the
father of a child, the court may not
dismiss the proceeding. In that event,
the results of DNA testing, and other
evidence, are admissible to adjudicate
the issue of paternity.
(b) DNA testing results; rebuttal.
(1)
A man is rebuttably identified as the
father of a child if the DNA testing
complies with this section and the results
disclose that:
a.
b.
(2)
(3)
The alleged father has at least a 95
percent probability of paternity,
using a prior probability of 0.50, as
calculated by using the combined
paternity index obtained in the testing; and
A combined paternity index of at
least 100:1.
A man identified under subsection (a) of
this section as the father of the child may
rebut the DNA testing results only by
other DNA testing satisfying the requirements of this section which:
a.
Excludes the alleged father as a
DNA father of the child; or
b.
Identifies another man as the possible father of the child.
Except as otherwise provided herein, if
more than one man is identified by DNA
testing as the possible father of the child,
the court shall order them to submit to
further DNA testing to identify the DNA
father.
(c) Additional DNA testing. The court shall
order additional DNA testing upon the request of
a party who contests the result of the original
Supp. No. 4
§ 10-9
(4)
Unless the results of DNA testing are
admitted to rebut other results of DNA
testing, a man excluded as the father of a
child by DNA testing must be adjudicated
not to be the father of the child.
(Code 1981, § 10-7; Code 2012, § 10-7; Ord. No.
SRO-365-2010, § 10-7, 7-7-2010; Ord. No. SRO402-2012, § 10-7, 5-30-2012)
Sec. 10-9. Paternity orders; default orders;
paternity established by other
jurisdictions.
(a) Paternity order. The judgment or order of
the court determining whether or not a respondent
is a parent of a child shall be based on clear and
convincing evidence. The court shall issue an
order within two business days after the eviden-
CD10:11
§ 10-9
COMMUNITY CODE OF ORDINANCES
tiary hearing is held. An order adjudicating
parentage must identify the child by name and
date of birth. If the judgment or order of the
court establishes a different father than that on
the child's birth certificate, the court shall send
the order to the Department of Vital Statistics of
the state in which the child was born so that the
birth certificate can be amended.
(b) Paternity records. The records filed in a
paternity action shall be confidential. Only parties to the case may obtain copies as described in
section 11-28.
(c) Default order of paternity.
(1)
(2)
In an action to establish paternity, the
court shall enter an order of paternity if:
a.
The service of complaint and summons is complete and the respondent
fails to appear at the initial or
evidentiary hearing or otherwise
answer; or
b.
An order for DNA or blood testing
has been entered and the respondent
fails to appear without cause for an
appointment to take a blood or DNA
test or fails to take a blood or DNA
test.
The court shall have an evidentiary hearing without respondent and establish
paternity pursuant to section 10-6 prior
to entering a default order of paternity.
(d) Paternity established by other jurisdictions. If paternity has been established in another
state, tribe or federal agency by a court or
administrative order, voluntary acknowledgment or birth certificate, the determination of
paternity has the same force and effect in the
Community as if the determination of paternity
was granted by the court in the Community.
(Code 1981, § 10-8; Code 2012, § 10-8; Ord. No.
SRO-365-2010, § 10-8, 7-7-2010; Ord. No. SRO402-2012, § 10-8, 5-30-2012)
Sec. 10-10. Disestablishment of presumed
paternity.
An alleged father presumed to be a child's
father may bring an action for the purpose of
Supp. No. 4
declaring the nonexistence of the father and
child relationship only if the action is brought
within a reasonable time after obtaining
knowledge of relevant facts. After the presumption has been rebutted, paternity of the child by
another man may be determined in the same
action, if he has been made a party. Any other
interested party may bring an action at any time
for the purpose of declaring the existence or
nonexistence of the father and child relationship.
Regardless of its terms, no agreement between
an alleged or presumed father and the mother or
child shall bar an action under this section. If an
action under this section is brought before the
birth of the child, all proceedings may be stayed
until after the birth, except service of process
and discovery, including the taking of depositions.
(Code 1981, § 10-9; Code 2012, § 10-9; Ord. No.
SRO-365-2010, § 10-9, 7-7-2010; Ord. No. SRO402-2012, § 10-9, 5-30-2012)
Secs. 10-11—10-28. Reserved.
ARTICLE II. MARRIAGE, DIVORCE,
ANNULMENT, SEPARATE MAINTENANCE
DIVISION 1. GENERALLY
Sec. 10-29. Judges may perform marriages.
Judges of the Community court may solemnize
marriages.
(Code 1981, § 10-10; Code 2012, § 10-10; Ord. No.
SRO-165-93, § 1, 2-3-1993; Ord. No. SRO-315A07, 12-13-2006; Ord. No. SRO-402-2012, § 10-10,
5-30-2012; Ord. No. SRO-465-2015, 6-17-2015;
Ord. No. SRO-556-2023, 2-15-2023)
Sec. 10-30. Marriages to be according to
state law.
(a) Since section 1(m), article V, amended
Constitution and bylaws of the Community,
approved April 19, 1954, provided that all marriages in the future shall be in accordance with
the state laws, it is recognized that the powers of
the Community are limited by article III, section
5(c) of the amended Constitution and bylaws of
CD10:12
DOMESTIC RELATIONS
the Salt River Tribe, but it further recognized
that the limitation is for the best interests and
welfare of the Community in cases of future
inheritance problems or possible future state
benefits. State marriage licenses may be secured
at the office of the clerk of each county court.
(b) All marriages and divorces of members of
the Community shall be recorded within 30 days
with the Pima Agency and the Community court.
(Code 1976, § 3.1(A); Code 1981, § 10-11; Code
2012, § 10-11; Ord. No. SRO-402-2012, § 10-11,
5-30-2012)
Editor’s note—The current Constitution was approved
November 23, 1970.
Sec. 10-31. Marriages validated.
All purported marriages of members of the
Community wherein such members have lived
together within the Salt River Indian Reservation prior to December 27, 1957, date of approval
of Ordinance No. 1, Revised (Law and Order
Code), for the Community, and have been
recognized as man and wife in their Community
are hereby validated for all purposes from the
date of their inception.
(Code 1976, § 3.1(B); Code 1981, § 10-12; Code
2012, § 10-12; Ord. No. SRO-3-64, 3-24-1964;
Ord. No. SRO-402-2012, § 10-12, 5-30-2012)
Sec. 10-32. Procedure for judgment of
validity.
(a) Any member of the Community claiming
that his or her marriage was validated by section
10-31 may file a petition in the Salt River Tribal
Court for a judgment declaring that such marriage has been so validated. If the petitioner's
spouse in such alleged marriage is known to the
petitioner to be living, such spouse must also
sign the petition, or be named as defendant and
notified of the suit as provided in section 5-21. If
the petitioner's spouse in such alleged marriage
is not known to the petitioner to be living the
petitioner must prove to the satisfaction of the
court that such spouse is dead or has been
absent for five successive years until the date of
hearing the petition without being known to the
petitioner within that time to be living, or the
petition shall be dismissed.
Supp. No. 4
§ 10-33
(b) If the petitioner, having complied with
subsection (a) of this section, proves to the
satisfaction of the court that he or she and his or
her alleged spouse lived together within the Salt
River Indian Reservation prior to December 27,
1957, date of approval of Ordinance No. 1,
Revised (Law and Order Code), for the Community, and were recognized as man and wife in
their Community, the court shall issue a judgment that such petitioner and spouse have been
validly married. If feasible, the court shall also
ascertain the date of inception of such marriage
and the names of the children born thereof and
shall recite such information in the judgment.
(c) Any judgment of validity of marriage issued
by the Salt River Tribal Court in accordance
with this section may be forwarded to the
superintendent of the Salt River Agency, who
may then cause the marriage to be recorded in
the tribal census rolls and a certificate of marriage to be issued to the petitioner.
(d) If a child whose parents are both deceased
contends that such parents' marriage was
validated by section 10-31, such child may file a
petition in the Salt River Tribal Court for judgment that such marriage was so validated. If
such petitioner proves to the satisfaction of the
court that his or her parents are both deceased
and that they lived together within the Salt
River Indian Reservation prior to December 27,
1957, date of approval of Ordinance No. 1.
Revised (Law and Order Code), for the Community, and were recognized as man and wife in
their Community, the court may issue a judgment that such parents were validly married
and that the petitioner is their legitimate
offspring. If feasible, the court shall also ascertain
the date of inception of such marriage and shall
recite such date in the judgment. Such judgment
may be forwarded to the superintendent for
recording and issuance of a certificate of marriage.
(Code 1976, § 3.1(C); Code 1981, § 10-13; Code
2012, § 10-13; Ord. No. SRO-3-64, 3-24-1964;
Ord. No. SRO-402-2012, § 10-13, 5-30-2012)
Sec. 10-33. Bigamy.
(a) Any married person who shall marry
another person without having obtained a divorce
shall be deemed guilty of bigamy and upon
conviction thereof shall be sentenced to imprisonment for a period not to exceed six months.
CD10:13
§ 10-33
COMMUNITY CODE OF ORDINANCES
without the necessity of an action for
absolute divorce. The action for separate
maintenance or the judgment of separate
maintenance shall not bar the plaintiff
from maintaining an action for absolute
divorce upon the same grounds.
(b) This section shall not apply to the remarriage of a person whose husband or wife shall
have been continually absent from such person
for a period of three years or more, and shall not
have been known by such person, to have been
living within that time nor to any person whose
former marriage shall have been declared void
by any court having competent jurisdiction.
(Code 1976, § 6.9; Code 1981, § 10-14; Code 2012,
§ 10-14; Ord. No. SRO-402-2012, § 10-14, 5-302012)
(2)
Proceedings. The proceedings shall be
commenced and conducted as actions for
divorce and the court may award such
sums for alimony and child support to be
paid by the husband or wife as the court
shall adjudge the circumstances and situations of the parties warrant.
(3)
Amendment of judgment. The court may
at any time after entry of final judgment
amend, alter or change the provisions of
the judgment with respect to the sum to
be paid, as the circumstances may require.
Sec. 10-34. Annulment of marriage.
The court may dissolve a marriage and may
decree the marriage to be null and void for any of
the following causes existing at the time of the
marriage:
(1)
(2)
Either spouse in the marriage annulled
was under the age of legal consent and
such marriage was contracted without
the consent of his or her parents or
guardian or person having charge of him
or her, unless after attaining the age of
consent such party for any time freely
cohabited with the other as husband and
wife.
(b) Divorce. The court may grant or issue a
divorce from the bonds of matrimony in any of
the following cases:
(1)
When adultery has been committed by
either party;
(2)
When one of the parties has been convicted
of a felony and sentenced to imprisonment therefor and has not been convicted
on the testimony of the other party, but
such action may not be brought until one
year after final judgment of the conviction; a pardon shall not be a defense to
such action;
(3)
When either party has willfully deserted
the other for a period of three months or
for the habitual intemperance of either
party;
(4)
Where the husband or wife is guilty of
excesses, cruel treatment or outrages
toward the other, whether by the use of
personal violence or other means;
(5)
When the husband has neglected for the
period of three months to provide the
wife with the common necessities of life,
having the ability to provide the same, or
failing to do so by reason of his or her
idleness or dissipation;
The husband or wife of either party is
living and the marriage with such former
husband or wife was then in force.
(3)
The consent of either party was obtained
by fraud unless such party afterwards
freely cohabited with the other as husband
and wife.
(Code 1976, § 3.2; Code 1981, § 10-15; Code 2012,
§ 10-15; Ord. No. SRO-402-2012, § 10-15, 5-302012)
Sec. 10-35. Divorce or separate
maintenance.
(a) Separate maintenance.
(1)
Grounds. The court may grant or issue a
decree of separate maintenance when
one spouse willfully deserts or abandons
the other spouse or when facts exist
which would be grounds for granting an
absolute divorce. An action for separate
maintenance may be brought by a spouse
Supp. No. 4
CD10:14
DOMESTIC RELATIONS
(6)
Prior to the marriage, either party shall
have been convicted of a felony or
infamous crime in any state or country
without the knowledge of the other party
of such fact at the time of such marriage;
(7)
In favor of the husband when the wife at
the time of the marriage was pregnant by
a man other than the husband and
without the husband's knowledge at the
time of such marriage.
(Code 1976, § 3.3; Code 1981, § 10-16; Code 2012,
§ 10-16; Ord. No. SRO-14-72, 4-25-1972; Ord.
No. SRO-402-2012, § 10-16, 5-30-2012)
Sec. 10-36. Procedure for annulment,
divorce or separate
maintenance.
(a) Filing of complaint. The complaining party
shall file with the court a verified complaint
stating concisely his or her cause for action and
thereupon the court shall issue a summons to
run in the name of the Community court to the
defendant apprising him or her of the pendency
of action. The summons shall concisely state the
grounds upon which annulment, divorce or
separate maintenance is asked. The summons
and complaint when issued shall be served as
provided in chapter 5. The procedure for pretrial
and trial of cases under this chapter shall be
governed by chapter 5.
(b) Judgment. The court shall thereupon make
and enter findings of facts and conclusions of
law, and issue a signed decree after which the
divorce or separate maintenance decree shall
become final subject to the provisions of this
Community Code of Ordinances.
(Code 1976, § 3.4; Code 1981, § 10-17; Code 2012,
§ 10-17; Ord. No. SRO-402-2012, § 10-17, 5-302012; Ord. No. SRO-516-2020, 3-4-2020; Ord.
No. SRO-520-2020, 6-24-2020)
Sec. 10-37. Legitimacy of children not
affected by divorce.
A divorce shall not affect the legitimacy of the
children.
(Code 1976, § 3.5; Code 1981, § 10-18; Code 2012,
§ 10-18; Ord. No. SRO-402-2012, § 10-18, 5-302012)
Supp. No. 6
§ 10-48
Sec. 10-38. Permanent alimony, custody of
children and costs.
In the final decree of divorce, the court may, in
addition to the division of the common property
of the parties, direct one spouse to pay the
spouse awarded custody of the children of the
parties as may be necessary for the support and
maintenance of the custodial spouse and minor
children of the parties. The custody of the children
may be awarded to the wife or husband as may
be necessary or proper, and the court may decree
that alimony may be paid in one sum or in
installments, and in such decree or decree of
annulment of the marriage, the court may make
such disposition of and expedient under all
circumstances for their present comfort and future
well-being. The court may assess the cost to
either or both parties of the suit, and shall in the
decree change the name of the wife back to a
former name if especially asked for in the pleadings.
(Code 1976, § 3.6; Code 1981, § 10-19; Code 2012,
§ 10-19; Ord. No. SRO-402-2012, § 10-19, 5-302012)
Sec. 10-39. Modification of judgment
affecting alimony and support
of minor children.
The court may, from time to time, after the
entry of the final decree or on petition of either
party, amend, revise and alter such portions of
the decree as relate to the payment of money for
the support and maintenance of one spouse or
the support of their minor children, as may be
just; and amend, change or alter any provision
therein respecting the care, custody or
maintenance of the children of the parties as the
circumstances of the parents and the welfare of
the children may require.
(Code 1976, § 3.7; Code 1981, § 10-20; Code 2012,
§ 10-20; Ord. No. SRO-402-2012, § 10-20, 5-302012)
Secs. 10-40—10-48. Reserved.
CD10:15
§ 10-49
COMMUNITY CODE OF ORDINANCES
DIVISION 2. CHILD SUPPORT*
Sec. 10-49. Purpose.
The purpose of this division within this Community Code of Ordinances is to establish child
support guidelines and procedures for the
establishment, modification and enforcement of
child support orders and judgments. The establishment of these guidelines and procedures is in the
best interests of Community families, and
especially Community children, who have a right
and need to receive support from both parents,
where available. All child support orders entered
after February 1, 2012, shall be made pursuant
to the Community's child support guidelines,
whether they are original orders or modifications of preexisting orders. Any orders entered
before February 1, 2012, are presumptively valid.
The enactment of the Community's child support
guidelines shall not be construed as conferring a
right for modifications of child support orders
except as provided for pursuant to section 10-61.
(Ord. No. SRO-579-2024, 6-12-2024)
Child support means the financial obligation
that a noncustodial parent owes for their children,
whether such obligation is established through a
judicial or administrative process, if applicable,
or by stipulation of the noncustodial parent. The
financial obligation of a noncustodial parent
shall be met through the payment of monies.
Court means the Community court of the Salt
River Pima-Maricopa Indian Reservation.
Custodial parent means the person who holds
legal custody of the children pursuant to a court
order, or who exercises primary physical custody
of the children on the basis of an agreement
between the parents or by the absence of the
other parent. A legal guardian with primary
physical custody of the children and standing in
the position of the parent shall have the same
rights to child support as a custodial parent.
Emancipated means, for the purposes of this
division within this Community Code of
Ordinances, a child is deemed to be emancipated
upon the occurrence of any of the following:
(1)
On the date of the child's legally valid
marriage.
(2)
On the child's 18th birthday.
(3)
On the date of the child's adoption.
(4)
On the date of the child's death.
(5)
Arrearage means the total unpaid support
owed, including child support and past support.
Upon the termination of the child support obligation as court ordered, if child
support is extended beyond the age of
majority pursuant to section 10-56.
Calculator means the child support calculator,
which calculates child support pursuant to the
Community's child support guidelines.
Employer means all persons or entities who
agree to compensate another individual for
services performed.
Child means a person who is less than 18
years old who has not been emancipated by order
of a court of competent jurisdiction or by legal
marriage.
Full faith and credit means a child support
order from any lawful jurisdiction which shall
have the same faith, credit, conclusive effect and
obligatory force in the Community as it would in
the jurisdiction from which it originated.
Sec. 10-50. Definitions.
The following words, terms and phrases, when
used in this division within this Community
Code of Ordinances, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
*Editor’s note—Ord. No. SRO-579-2024, adopted June
12, 2024, repealed the former div. 2, §§ 10-49—10-59, and
enacted a new div. 2 as set out herein. The former div. 2
pertained to similar subject matter and derived from The
2012 Code, §§ 10-21—10-30; Ord. No. SRO-390-2012, adopted
Feb. 1, 2012; Ord. No. SRO-402-2012, adopted May 30, 2012;
and Ord. No. SRO-544-2022, adopted Feb. 23, 2022.
Supp. No. 6
Guardian means a person not the parent
having legal custody of a child or children.
Income means earnings from any source, and
may include, as an example, but is not limited to,
income from salaries, wages, commissions,
CD10:16
DOMESTIC RELATIONS
bonuses, dividends, severance pay, pensions, interest earned, trust income, annuities, capital gains,
social security benefits, per capita payments,
lease payments received directly by either parent
and not on behalf of a child, worker's compensation benefits, unemployment benefits, unemployment insurance benefits, disability insurance
benefits, and recurring cash gifts and liquidated
for cash prizes.
Noncustodial parent means a parent of a
child, whether or not conceived during the course
of marriage or by adoption, who does not hold
legal custody of the child pursuant to a court
order, or who does not exercise physical custody
of the child on the basis of agreement between
the parents or by the absence of the other parent.
Party means a parent, guardian, child, or the
Community to whom certain rights accrue, including, but not limited to, with certain restrictions
and limitations:
(1)
The right to be notified of proceedings;
(2)
To retain counsel;
(3)
To appear and present evidence;
(4)
To call, examine and cross examine witnesses;
(5)
The unlimited or restricted right to
discovery and the inspection of records;
and
(6)
The right to request a hearing or appeal
a final order.
Payee means the person or agency with the
right to receive child support by court order.
Sec. 10-50.1. Full faith and credit of child
support orders.
The Community, and its enterprises, are
required by 28 USC § 1738B, the Full Faith and
Credit for Child Support Orders Act ("the Act")
to enforce a child support order that was complies
with the Act, including orders that come from
another state or jurisdiction, without requiring
comity or domestication of such order. Any
modification to such orders by the Community
court must be consistent with (e), (f) and (i) of the
Act.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-51. Child support guidelines.
(a) The Community manager, or their designee,
may review, recommend, and adopt revisions to
the Community's child support guidelines, as
appropriate and necessary at least once every
four years to ensure that the Community's child
support guidelines remain sufficient.
(b) The Community's child support guidelines
shall set the scale of minimum child support
contributions and shall be used to determine the
amount the payor must pay for support of their
child pursuant to this division within this Community Code of Ordinances. The Community's
child support guidelines shall place a duty for
child support upon either or both parents based
on their respective financial resources and the
custodial arrangements for the children. The
Community's child support guidelines and
schedule must consider, at a minimum:
Payor means the person with an obligation to
pay child support by court order.
Sensitive data means a social security number,
bank account number, credit card number, other
financial account number, or any information
that would be deemed as personal identification
information.
Sensitive data form means a form which is
created by the court to contain sensitive data.
SRPMIC means the Salt River Pima-Maricopa Indian Community.
(Ord. No. SRO-579-2024, 6-12-2024)
Supp. No. 6
§ 10-51
CD10:17
(1)
The financial resources and needs of the
child.
(2)
The financial resources and needs of the
custodial parent.
(3)
The standard of living the child would
have enjoyed had the parties not lived
apart.
(4)
The physical, mental and emotional condition of the child, and the child's
educational needs.
(5)
The financial resources and needs of the
noncustodial parent.
§ 10-51
COMMUNITY CODE OF ORDINANCES
(6)
The duration of parenting time and related
expenses.
(Ord. No. SRO-579-2024, 6-12-2024)
acquire personal jurisdiction to modify a child
support order issued by another tribe or state
unless, after notice and a hearing, the court finds
that either of the following is true:
Sec. 10-52. Jurisdiction.
(1)
The following requirements are met:
(a) Nonresidency not to bar proceedings. The
fact that the petitioner, child, or both, have never
been residents of the Community shall not bar
the proceedings.
a.
Neither the child, the payee who
must be an individual, nor the payor
resides in the state and/or reservation which issued the order;
(b) Court to retain jurisdiction. After the finding of jurisdiction over a child support matter,
the court shall retain jurisdiction over the cause
for the purpose of entering such order and any
further orders as changing circumstances of the
parties may in justice and equity require.
b.
A petitioner is a nonresident of the
Community but seeks modification
in the Community; and
c.
The respondent is subject to the
personal jurisdiction of the Community.
(c) Basis for jurisdiction over nonresident. In
a proceeding to establish child support under
this section, the court may exercise personal
jurisdiction over a nonresident individual or the
individual's guardian if any of the following is
true:
(1)
The individual is personally served within
the Community;
(2)
The individual submits to the jurisdiction of the Community by consent, by
entering a general appearance or by filing
a responsive document having the effect
of waiving any contest to personal jurisdiction;
(3)
The individual resided with the child in
the Community;
(4)
The individual resided in the Community and provided prenatal expenses
or financial support for the child;
(5)
The individual engaged in sexual
intercourse in the Community and the
child may have been conceived by that
act of intercourse; or
(6)
There is any other basis consistent with
the Constitution of the Community and
the United States for the exercise of
personal jurisdiction.
(2)
(e) Modification of child support order of
another jurisdiction.
(d) Jurisdiction when modifying a child support order. The basis of personal jurisdiction
prescribed in this section may not be used to
Supp. No. 6
The child is a resident of the Community,
or a party who is an individual is subject
to the personal jurisdiction of the Community, and all of the parties have filed
consents to modify the support order, and
the parties agree that the court has
continuing and exclusive jurisdiction.
CD10:18
(1)
Except as otherwise provided, the court
may not modify any aspect of a child
support order that may not be modified
under the laws of the issuing state and/or
tribe, including the duration of the obligation of support. If two or more tribunals
have issued child support orders for the
same payor and child, the order that is
controlling and recognized establishes
the aspects of the support order that are
nonmodifiable.
(2)
In a proceeding to modify a child support
order, the law of the state or tribe that is
determined to have issued the initial
controlling order governs the duration of
the obligation of support. The payor's
fulfillment of the duty of support
established by that order precludes
imposition of a further obligation of support by the court.
(3)
Upon the issuance of an order by the
court modifying a child support order
DOMESTIC RELATIONS
issued by another state or tribe, the court
shall have continuing and exclusive
jurisdiction.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-53. General provisions.
(a) Generally. Except as provided in this section, court proceedings under this division shall
be open to the public. However, the court may
close proceedings to the public upon a motion by
the parties, filed at least two days before the
applicable proceeding, if it finds that one of the
following apply:
(1)
There is a compelling interest in closure
that outweighs the public interest in
attending a hearing or proceeding;
(2)
There are no alternatives to closure that
will protect the compelling interest; or,
(3)
The closure is no broader than necessary
to protect the compelling interest.
(b) Instructions to the public. The court shall
inform all attendees that they are prohibited
from disclosing any identifying information about
any persons involved in the proceeding. Additionally, the court shall explain contempt of court to
all attendees.
(c) Sensitive data. Sensitive data must be
redacted from any paper filed with the court,
unless it is specifically required by court order or
this Community Code of Ordinances, and is not
to be placed in any court-generated records such
as judgments and orders except upon a finding of
good cause. If the inclusion of sensitive data in
court filings is required by court order or this
Community Code of Ordinances, then it is not to
be included in any filing, but is instead to be set
forth in a separate sensitive data form. The
sensitive data form and contents thereof are to
be maintained by the court as a confidential
record. The filing party is under a duty to update
and supplement the information where necessary.
by the parties to the case solely for the purpose of
establishing, modifying or enforcing child support.
(e) Similar documents. Any party may use
documents other than those provided pursuant
to this section if the documents are substantially
similar pursuant to this section.
(f) Service and summons. The court shall
serve a copy of the petition and summons upon
the parents or legal guardian against whom
child support is being established. The summons
shall inform the respondent of the following:
(1)
An answer must be filed with the court
and served on the petitioning party within
30 days of the date of service of the
petition;
(2)
If the respondent fails to enter a defense
to the petition challenging the authority
of the court to hear the matter by the
date of the hearing, the hearing shall
proceed on the basis of the petitioner's
evidence;
(3)
An order of child support may obligate
the respondent to pay child support until
the age of majority or longer pursuant to
section 10-56.
(g) Guidelines used for determination of ability to pay. The Community's child support
guidelines shall be used in determining the
ability to pay child support and the amount of
payments. The obligation to pay child support is
primary and other financial obligations are secondary.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-54. Service; notice.
(d) Financial records. The court shall make
provision for the confidentiality of financial records
filed by the parties, so that they are secure from
view by the general public but may be reviewed
Supp. No. 6
§ 10-54
CD10:19
(a) Service of subsequent documents.
(1)
If service of the original petition and
summons was effectuated by personal
service at the respondent's residence, by
certified mail, or if respondent files a
responsive pleading or appears at the
hearing, all subsequent documents shall
be served by first class mail.
(2)
If service is made by publication and
there is no response, notice of the first
§ 10-54
COMMUNITY CODE OF ORDINANCES
hearing shall be published according to
the Community Rules of Civil Procedure,
after which time subsequent orders and
hearings need not be published.
(3)
The parties shall inform the court of
their mailing address and update their
address within ten days of any change of
address. A parties' failure to update the
court of a change of mailing address is
not a defense for the individual's lack of a
notice of any court action.
(b) Notice to persons outside the Community.
(1)
(2)
Notice required for the exercise of jurisdiction if a person is outside the Community
may be given in a manner prescribed by
the law of the Community for service of
process. Notice must be given in a manner
reasonably calculated to give actual notice
but may be by publication if other means
are not effective. If notice is done by
publication, publication must be done in
the county that the respondent last resided
in and in the Community.
Proof of service may be made in the
manner prescribed by the Community, as
provided in the Community Rules of
Civil Procedure.
diligence with which service of process was
attempted on the payee or was frustrated by the
payee. If the court determines that child support
is appropriate, the court shall direct, using a
retroactive application of the Community's child
support guidelines, the amount that the parents
must pay for the past support of the child and
the manner in which payments must be paid,
taking into account any amount of temporary or
voluntary support that has been paid. Any period
of time in which the responsible party has
concealed himself or herself or avoided the jurisdiction of the court under this division within this
Community Code of Ordinances shall not be
included within the three year period.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-56. Duties of support.
Except as provided in section 10-55, every
person has the duty to provide all reasonable
support for that person's natural and adopted
unemancipated minor children, regardless of the
presence or residence of the child in the Community. Even if a child is over the age of majority
when a petition is filed or at the time of the final
decree, the court may order support to continue
past the age of majority if one of the following
are true:
(c) Notice to respondents. Notice is not required
if the respondent submits to the jurisdiction of
the court. A respondent submits to the jurisdiction of the court by:
(1)
(1)
The child has a severe mental or physical
disability that began before the child
reached the age of majority, as
demonstrated by the fact that the child is
unable to live independently and be selfsupporting.
(2)
If a child reaches the age of majority
while the child is attending high school
or a certified high school equivalency
program, support shall continue to be
provided during the period in which the
child is actually attending high school or
the equivalency program but only until
the child reaches 19 years of age.
Filing a responsive pleading; or
(2) Appearing at any hearing.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-55. Back child support.
If the parties lived apart before the date of the
filing of this action and if child support has not
been ordered, the court may order child support
retroactively to the date of the parties' separation, but not more than three years before the
date of the filing for dissolution of marriage,
annulment, legal separation, paternity, custody
or child support. The court must first consider
all relevant circumstances, including the conduct
or motivation of the parties in that filing and the
Supp. No. 6
Notwithstanding any other law, a parent paying
support for a child over the age of majority
pursuant to this section is entitled to obtain all
records related to the attendance of the child in
the high school or equivalency program.
(Ord. No. SRO-579-2024, 6-12-2024)
CD10:20
DOMESTIC RELATIONS
Sec. 10-57. Representation by Community;
modification of order by Community; liability of parents.
(c) Who may file petition. A petition to request
the court to establish, modify or enforce child
support may be filed by the following:
(a) The Community may initiate an action or
intervene in an action to establish, modify or
enforce a duty of child support for children who
are deemed dependent in the juvenile court,
when the dependent child is placed with the
noncustodial parent, legally appointed guardian,
or any other out-of-home placement. The child's
parents or legal guardian shall pay for the care,
support and maintenance of the child, consistent
with section 11-98.
(b) The parent's or legal guardian's ability to
pay may be rebutted only by adjudication as
described within this division within this Community Code of Ordinances by clear and convincing evidence.
§ 10-58
(1)
The parent of a child or a child's legal
guardian;
(2)
A legal guardian of a minor parent;
(3)
Any Community legal department with
an interest in determining child support;
or
(4)
Any court appointed guardian ad litem
with an interest in determining child
support.
(d) Contents of petition. A petition for establishment of child support shall contain the following,
and if unknown, the petition should state which
information is unknown:
(1)
For each parent or person who has legal
rights to the children, and for the children
subject to the action, provide: names;
dates of birth; addresses and whether the
address are within the exterior boundaries of the Community; tribal affiliations
(if applicable); and the last four digits of
their social security numbers or tribal
identification. Any information that is
considered sensitive data should be set
forth in a separate sensitive data form;
(2)
The basis for the court's jurisdiction;
(e) The monies collected pursuant to this
section shall be payable to the Community or
shall be transmitted to the support clearinghouse
for distribution, if a support clearinghouse is
available.
(Ord. No. SRO-579-2024, 6-12-2024)
(3)
The child support obligation requested or
agreed upon;
(4)
Any proposed childcare or extraordinary
medical or educational expenses;
(5)
The date proposed for the child support
obligation to begin;
Sec. 10-58. Petition for child support.
(6)
The proposed frequency of payment;
(a) Generally. A child support proceeding may
stand alone as a separate proceeding or it may be
joined with an action to determine divorce, annulment, custody, guardianship or any other civil
action in which child support is an issue.
(7)
A statement of whether child support
payments should be made by order of
assignment;
(8)
A proposed or current parenting plan, if
any, or if custody is shared, the percentage of a year that each parent has physical custody of the child;
(9)
A statement of whether any of the following proceedings involving the parents or
(c) Any previous child support orders
established, modified or enforced pursuant to
section 11-98 may be re-addressed and modified
consistent with this division within this Community Code of Ordinances and the Community's child support guidelines upon motion
by a party.
(d) The parents or legal guardians must provide
their financial information necessary to accurately
calculate child support pursuant to the Community's child support guidelines.
(b) Governing rules of procedure. Any child
support proceeding shall be governed by the
Community's civil rules of procedure unless
otherwise provided herein.
Supp. No. 6
CD10:21
§ 10-58
COMMUNITY CODE OF ORDINANCES
the child are pending or have taken place
in any court or administrative agency,
and if so, the date, name, and place of the
court or agency:
a.
Child custody proceeding (such as
dependency proceedings, child
custody
proceedings
between
parents, or guardianship proceedings);
b.
Paternity
establishment
or
disestablishment proceeding;
c.
Proceeding requesting a domestic
violence protective order or no
contact order; or
d.
Proceeding requesting a restraining
order involving the child or the
parents or legal guardian;
(10) A statement of whether either parent
has ever received state or tribal assistance,
and if so, the dates and name of the state
or tribe providing assistance;
(11) Financial information, such as income as
defined in section 10-50;
(12) A statement regarding which parent
should be allowed to claim the child as a
dependent for income tax purposes;
(13) Proposed worksheet based on the child
support guidelines;
(14) The respondent's employer, the SRPMIC
finance department, other Community
departments, or any other entity that
has evidence of the parent's or legal
guardian's income may be subpoenaed to
provide the court with records of their
income; and
(15) The petitioner may include along with
the filing of a petition an agreed child
support order as allowed under the Community Code and the Community child
support guidelines.
(Ord. No. SRO-579-2024, 6-12-2024)
(2)
(3)
a.
Schedule an evidentiary hearing;
b.
Resolve any discovery and disclosure
disputes; and
c.
Issue any other orders the court
deems appropriate.
If the child support proceeding has been
joined with an action other than a
dependency action, the court may:
a.
b.
Enter temporary orders:
1.
In accordance with the stipulations of the parties; or
2.
Based on presented evidence
and arguments.
Order evaluations, assessments,
appraisals, appointments or other
special procedures needed to properly
manage the case and resolve the
disputed issues.
(4)
Within two business days after the initial
hearing is held, the court shall issue and
order regarding the actions taken.
(5)
The initial hearing and the evidentiary
hearing may be combined, if all parties
agree.
(b) Evidentiary child support hearing rules.
The following rules shall apply to evidentiary
child support hearings:
Sec. 10-59. Hearings; noncontested orders;
orders generally.
(a) Initial child support hearing.
(1) The court shall set an initial child support hearing 30 days after the respondents
have been served with the original petition and summons.
Supp. No. 6
The court shall:
CD10:22
(1)
The court shall review the contents of the
petition and hear any additional evidence
in order to establish the amount of the
child support obligation by applying the
Community's child support guidelines;
(2)
The child support amount shall be based
on the child support calculator and the
guidelines, unless evidence is presented
regarding deviation;
(3)
If there is no reliable evidence of the
respondent's income, income will be
imputed according to the Community's
child support guidelines and schedule;
and
(4)
If the parent's or legal guardian's income
is reduced as a matter of choice and not
DOMESTIC RELATIONS
for reasonable cause, the court will
attribute income up to the parent's earning capacity.
(c) Noncontested child support orders. In lieu
of a contested hearing under this division within
this Community Code of Ordinances, the parties
may enter into an agreement as to the child
support obligation in accordance with this section.
(1)
(2)
(3)
Court review. The court may approve an
agreement for a deviation from the Community's child support guidelines, under
the procedures established herein, should
the court find by clear and convincing
evidence that it is the best interest of the
minor child.
(d) Child support order generally. The courtordered child support amount shall be based on
the child support calculator pursuant to the
Community's child support guidelines. If parties
mutually agree, payments under a child support
order may be made directly. Otherwise, payments under a child support order shall be made
by order of assignment to the custodial parent or
other payee. The court shall issue a written
order within five business days after the hearing.
(e) Content. A child support order shall include:
(1)
Form. A signed and notarized agreement
shall be submitted to the court for
approval and entry of an order. The
agreed order shall have the same force as
any other order issued by the court.
An agreement under this section is
presumed valid and the court shall
approve the terms of the agreement
without a hearing unless there is clear
and convincing evidence that:
a.
The agreement is not in the best
interests of the minor child;
b.
One or both of the parties do not
understand the terms of the agreement; or
c.
Either party's consent was not truly
voluntary.
If there is clear and convincing evidence
of any or all of the above circumstances
listed in subsections (a), (b), or (c), the
court shall hold an initial hearing and
determine whether the agreement is in
the best interests of the minor child,
whether both parties understand the
terms of the agreement, and whether
both parties' consent was voluntary. If
the court finds that any of the above have
not been satisfied, an order shall not be
entered and the case shall proceed to an
evidentiary child support hearing.
Supp. No. 6
§ 10-59
The child support obligation of one or
both parties, including:
a.
The amount to be paid;
b.
Who the child support will be paid
to; and
c.
The amount to be paid to thirdparties for child care, health insurance, or extraordinary expenses, if
any.
(2)
The date the child support obligation
begins. If the court order does not specify
the date when current support begins,
the support obligation begins to accrue
on the first day of the month following
the entry of the order;
(3)
The frequency of child support payments
such as per month or on quarterly basis;
(4)
The duration and amount of any back
child support that the court ordered;
(5)
A statement that each party shall notify
the court of any change of employer or
change of address within ten days of the
change;
(6)
A statement that the child support order
is final for purposes of appeal; and
(7)
A statement of when the child support
will be presumed to terminate.
(f) Additional hearings. The court may order
further hearings to monitor compliance with all
child support orders.
(Ord. No. SRO-579-2024, 6-12-2024)
CD10:23
§ 10-60
COMMUNITY CODE OF ORDINANCES
Sec. 10-60. Default.
(a) When the respondent fails to appear or
otherwise defend, upon a motion of default, the
court shall enter a default child support order.
After ten days after the motion was filed with
the court, default judgment may be granted. A
judgment by default shall not be different in
kind from or exceed an amount that which was
prayed for in the demand for judgment. The
court shall make a finding as to the following:
(1)
(2)
That service of the petition and summons is complete and respondent has
failed to appear or to otherwise answer
pursuant to the Community's rules of
civil procedure set forth in article II of
chapter 5; and
(c) Motion for modification or termination. A
motion for a modification or termination of child
support shall be accompanied by an affidavit
setting forth the factual basis for the motion and
the requested modification or termination. The
court shall serve the parties who may be affected
by the modification or termination with a copy of
the motion and notice of the hearing.
(d) Modification or termination hearing.
Grounds for modification or termination of a
child support order include:
If paternity was also at issue, a finding of
paternity prior to entering a default order
of child support pursuant to section 10-6.
(b) Setting aside a default or a final default
judgment. The court may set aside a default for
good cause.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-61. Modification of child support;
termination of child support;
financial information.
(a) Modification of child support orders. When
there has been a substantial change in the
income of the payor or other factors that
determined the original support obligation, a
party may request, bymotion, modification of a
child support order. Modification orders are effective on the first day of the month following notice
of the petition for modification unless the court,
for good cause shown, orders the change to
become effective at a different date but not
earlier than the date of filing the petition for
modification.
(b) Termination of child support orders.
Termination orders are effective on the first day
of the month following notice of the petition for
modification or termination unless the court, for
good cause shown, orders the change to become
effective at a different date but not earlier than
the date of filing the petition for termination.
Supp. No. 6
(1)
A substantial increase or decrease in the
gross income that was the basis of the
current support order. For purposes of
this section, substantial increase or
decrease, is at least 15 percent;
(2)
A change in custody of a child;
(3)
A change in Community's child support
guidelines;
(4)
Death of child;
(5)
Reaching age of the majority of a child;
or,
(6)
Other substantial change in circumstance
that justifies a modification.
(e) Financial information. Both parties shall
file updated financial information forms at least
ten days before the modification hearing, unless
the parties agree to the modified amount.
(f) Request for information. Either party to an
order for child support may request the following
information from the SRPMIC finance department, an employer, self-employed person:
(1)
Complete name;
(2)
Social security number;
(3)
Date and place of birth;
(4)
Present and past employment status;
(5)
Earnings, income, entitlements or other
monies without regard to source; and
(6) Current or last known address.
(Ord. No. SRO-579-2024, 6-12-2024)
CD10:24
DOMESTIC RELATIONS
§ 10-63
Sec. 10-62. Enforcement.
(5)
Restitution;
(a) Motion to enforce child support order. Any
judgment, order or decree, whether arising from
a dissolution, divorce, separation, annulment,
custody determination, paternity determination
or dependency proceeding or in any other proceeding regarding support that provides for child
support may be enforced as a matter of right by
attachment, garnishment or any other form of
relief provided by law as an enforcement remedy
for civil judgments. An affidavit regarding all
payments in default under the support order,
along with a copy of the underlying support
order, shall be filed with the court along with the
appropriate petition or motion. The court must
serve the payor with a copy of the motion and
notice of the hearing.
(6)
Court fines and costs;
(7)
Civil judgments.
(b) An obligation for child support shall be
fully met before any payments may be applied to
any other obligation under subsection (a).
(1)
(b) Enforcement hearing. If the moving party
proves by a preponderance of the evidence that
the child support obligation is at least 30 days
overdue in an amount equal to one month's child
support obligation or that the party has a history
of noncompliance, the court may order any of the
remedies available, including, but not limited to:
(1)
Wage withholding;
(2)
Attachment of assets;
(3)
Garnishment;
(4)
Assignment of per capita or any other
income derived from the Community;
and
(5) Verification of income.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-63. Order for support; methods of
payment.
(a) The SRPMIC Finance Department, an
employer, or another entity, will collect and
disburse monies in the following priority:
(1)
Child support or court-ordered payments
for the support of a family when combined
with the child support obligation;
(2)
Spousal maintenance;
(3)
Child support arrearages;
(4)
Past due spousal maintenance;
Supp. No. 7
If a payor is obligated to pay child support to more than one payee and the
amount available for disbursement is not
sufficient to meet the total child support
obligation, available monies shall be
allocated to each payee as follows:
a.
The amount of child support ordered
in each case shall be added to obtain
the total support obligation.
b.
The ordered amount in each case
shall be divided by the total support
obligation to obtain a percentage of
the total amount due.
c.
The amount available from the
payor's income shall be multiplied
by the percentage under subsection
(b)(2) of this section to obtain the
amount to be allocated to each payee.
(2)
If a payor cannot satisfy their child support obligation, and the SRPMIC Finance
Department calculates and disburses a
different support amount based on subsection (b)(1), then the SRPMIC Finance
Department shall inform the recipient of
the shortfall or non-payment.
(3)
The right of a payee entitled to receive
support as provided in the court order
vests as each installment falls due. Each
vested child support installment is
enforceable as a final judgment by operation of law. A party entitled to receive
support may also file a request for written judgment for support arrearages.
(c) An obligation for anything other than child
support shall be paid according to the priority
mandated in subsection (a), chronologically in
the order in which the obligation accrues. Each
obligation shall be paid in its entirety, according
to its priority, before proceeding to the next
obligation.
CD10:25
§ 10-63
COMMUNITY CODE OF ORDINANCES
(d) An order of support shall include the
following language: Your child support order is
subject to the Salt River Pima-Maricopa Indian
Community's Code of Ordinances section 10-63.
(e) For purposes of this chapter and section,
the following terms have the following meanings:
(1)
Child support means that an order or
agreement to pay child support is still in
effect and has not expired or been
rescinded, vacated, modified, superseded,
or otherwise cancelled.
(2)
Total child support obligation means the
aggregate of all amounts owed for child
support by a single payor, inclusive of all
orders or agreements in effect at a given
time, and may encompass payments to
multiple individuals or entities.
(Ord. No. SRO-579-2024, 6-12-2024; Ord. No.
SRO-596-2025, 7-2-2025)
support that portion of the person's income. The
order shall include per capita payments if the
payor receives such payment, and/or income
received from employment with any Community
agency or any other employment outside the
Community, if the payor receives wages or other
income, necessary to pay the amount ordered by
the court.
(b) If the court has issued a previous child
support order and the payor has failed to pay
their court- ordered child support, the payee may
file a verified petition, pursuant to the Community's Civil Rules of Procedure, requesting
the court to issue an ex parte order of assignment. The petition for the ex parte order of
assignment may include payment for current
support or child support arrearages. The petition shall include the following:
(1)
The name of the payee or agency entitled
to receive support.
(2)
The name and last known address of the
payor, and the name of employer, if known.
(3)
The monthly amount of any current support ordered by the court, and a certified
copy of the order.
(4)
The specific amount requested for any
support arrearages.
(5)
The name and address of the payor to
whom it is requested the order of assignment be directed and the name of the
person obligated to pay support.
Sec. 10-64. Statute of limitations.
If the payee or their agents make efforts to
collect a child support debt more than ten years
after the emancipation of the youngest child
subject to the order, the payor may assert as a
defense, and has the burden to prove, that the
payee, Community or social services department
unreasonably delayed in attempting to collect
the child support debt. On a finding of unreasonable delay, the court may determine that some or
all of the child support debt is no longer collectible after the date of the finding.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-65. Assignment.
(a) In a proceeding in which the court orders
a person to pay support, the court shall assign to
the person or agency entitled to receive the
(c) After receipt of a request for an ex parte
order of assignment, the court, without a hearing or notice to the payor, shall issue an order of
assignment. The order of assignment shall include
the last four digits of social security number of
the obligated payor. On issuance of an ex parte
order of assignment, the court shall issue a
notice directed to the payor including the following:
_______________________________________________________________________________________________
To:
Supp. No. 7
The Payor (the person ordered to pay support)
CD10:26
DOMESTIC RELATIONS
§ 10-65
This is to notify you that part of your income or other monies had been judicially deducted from
your (paycheck, per capita, lease payment) by the enclosed order of assignment that was issued on
(date). The order of assignment has been issued for a child support order currently in place, based
on the claim of (include name of payee), a requesting party, that you are obligated to pay this. If you
believe the enclosed order of assignment is:
1)
Improper or unlawful;
2)
That your property is exempt by law; or
3)
That your employer or SRPMIC Finance Department is withholding more than is
permitted by law, you may request a hearing before the court.
You must file a request to terminate or adjust the order of assignment on forms provided by the
court within Seven Days After Your Receipt of the Order For Assignment, request for an order of
assignment and this notice. If you request a hearing, it will be held no more than ten days after you
file your request with the court.
Here are some other important things you should know:
1)
The order of assignment is effective immediately on service of the order to your
employer or SRPMIC Finance Department.
2)
The employer or SRPMIC Finance Department served shall not withhold or deduct
amounts specified in the ex parte order of assignment for 14 calendar days from the
date of service to allow you, the payor, an opportunity to contest the order of assignment as provided in this section.
3)
A future employer or SRPMIC Finance Department may begin deductions sooner
than the 14-day period after the order of assignment is received.
4)
No more than one-half of your disposable earnings for any pay period may be taken
to satisfy an order issued. The amount of disposable earnings exempt from the order
of assignment must be paid to you when due.
5)
Disposable income means the remaining portion of your wages, salary or compensation for personal services, including bonuses and commissions, or otherwise, and
includes payments pursuant to a pension or retirement program or a deferred
compensation plan, after deducting from such earnings the amounts required by law
to be withheld.
Any employer or SRPMIC Finance Department when it receives the order of assignment will deduct
$2.25 for handling fees. The employer or SRPMIC Finance Department, on whom the order of
assignment, is served will continue to withhold the amount set in the order and will forward the
payment to the payee until you file with the court. The petition shall be based on one of the following:
1)
The court adjusts the order of assignment because there has been a change of
circumstances since the time of the issuance of the order, or there is other good cause
to do so.
2)
The court terminates the order of assignment if all obligations have been satisfied, or
will be satisfied within 90 days.
3)
A notarized stipulation stating that the obligation to pay support has ended and that
all arrearages either have been satisfied or have been waived, and the court
terminates the order of assignment.
An employer may not refuse to hire, may not discharge or may not otherwise discipline you as a
result of the order of assignment. Unless a court has expressly ordered otherwise, you must notify
the court in writing of the address of your residence and of your employment and, within ten days,
of a change in either one. Your failure to do so may subject you to sanctions for contempt of court.
Official notices will be delivered to you at the most recent addresses you have provided to the court.
_______________________________________________________________________________________________
Supp. No. 7
CD10:27
§ 10-65
COMMUNITY CODE OF ORDINANCES
(d) Any order of assignment shall be issued
only for child support and child support arrearages. The order of assignment shall state the
total amount that the employer or SRPMIC
Finance Department shall withhold. The order
of assignment also shall specify the monthly
amount of current support and any other payment ordered for child support and child support
arrears. If the payor's disposable earnings from
the primary employer or other income source
does not meet the support obligation, the court
shall issue an order of assignment to a secondary
employer or other income source of the payor in
order to meet the full support obligation. If the
payor's disposable earnings from the primary
employer or other income source does not meet
the support obligation, the payor is still obligated
to pay the ordered amount until the payor
obtains a modification, if applicable.
(e) An order of assignment shall be served on
any employer or SRPMIC Finance Department
by first class mail return receipt requested,
electronic transmission or personal delivery or
pursuant to the Community's rules of civil
procedure set forth in article II of chapter 5.
(f) Any employer or the SRPMIC Finance
Department who has received any order of assignment shall withhold the amount specified in the
order of assignment, together with the handling
fee in the amount of $2.25 from the income of the
person obligated to pay support. Once an order
of assignment has been issued, the payor may
not make any adjustments to tax or other holdings that would contravene the ability for the
ordered child support payment amount to be
withheld. Any employer or the SRPMIC Finance
Department shall transmit the withheld monies
to the support clearinghouse, if a support
clearinghouse is available and being utilized by
the Community, or the withheld monies shall be
collected and disbursed to the appropriate party
by the SRPMIC Finance Department. The
handling fee shall be deducted monthly and
disbursed to the Community's general fund. An
employer or the SRPMIC Finance Department
may combine in a single payment withheld monies
for more than one payee, provided, when doing
so, the employer or the SRPMIC Finance Department separately identifies the portion of the
Supp. No. 7
remittance that is attributable to each payor and
shall include the last four digits of each payor's
social security number. An employer or the
SRPMIC Finance Department shall notify the
court in writing when the payor is no longer
employed or the right to receive income or other
monies has been terminated. If within 90 days of
the last payment, the employer or the SRPMIC
Finance Department reemploys the payor or
becomes obligated to pay the payor, the employer
or the SRPMIC Finance Department is again
bound by the order of assignment and is required
to perform as required by this section.
(g) After service of an ex parte order of assignment on the payor, the payor may request a
hearing to dispute the ex parte order of assignment. The request filed with the court shall be
made in writing, and the payor shall state under
oath the specific grounds for the request. The
court shall hold a hearing within ten days after
the request is filed. The court shall serve a copy
of the request for and notice of hearing on the
person entitled to receive support/payee. If the
payor files a request for hearing within seven
days after receipt of the order of assignment, the
court may order SRPMIC Finance Department
not to disburse any monies received pursuant to
the order of assignment until further order of the
court. The payor may dispute the withholding
only for one or more of the following grounds:
(1)
There is an error in the identity of the
payor.
(2)
There is an error in the amount of support.
(3)
There is a finding of invalidity of the
order for support.
(4)
Current support is no longer owed, if the
order of assignment includes a payment
for current support.
(5)
Arrearages are not owed and the order of
assignment mistakenly includes a payment for arrearages.
(h) If the payor's disposable earnings from
the primary employer or other income source
does not meet the support obligation, the payor
is still obligated to pay the ordered amount until
the payor obtains a modification, if applicable.
CD10:28
DOMESTIC RELATIONS
(i) If a payor is obligated to pay child support
for more than one payee and the amount available for withholding is not sufficient to meet the
total child support obligation, any monies withheld from the payor's income shall be allocated to
each payee pursuant to the guidelines in section
10-63(b).
(j) The person entitled to receive support, the
payee, shall notify the SRPMIC Finance Department in writing of any change of residential
address within ten days of any change.
(k) Any order of assignment may be adjusted
if there has been a change of circumstances since
the date the order of assignment was issued or
for good cause.
(l) Any Community legal agencies or a person
obligated to pay or entitled to receive support
may file a request to terminate any order of
assignment if the obligation to pay support has
ended or will end within 90 days after the filing
of the request and if all arrearages either have
been paid or will be paid within the period or
have been waived. The request shall state the
reason why termination is requested. A copy of
the request shall be served pursuant to the
Community's rules of civil procedure set forth in
article II of chapter 5 on all other parties. A
party receiving this notice may request a hearing within 20 days, or within 30 days if service is
made outside this state. On proof of service and
if a hearing has not been requested within the
time allowed, the court shall issue an order
terminating the order of assignment as appropriate. Within two business days after the date the
order is issued, the court shall transmit a copy of
the order terminating the order of assignment to
the employer or SRPMIC Finance Department.
If a hearing is requested, the court shall set the
hearing within 20 days after receiving the request
and shall issue an appropriate order. A person
who is ordered to pay support may request the
court to terminate an order of assignment at any
time if an employer is making deductions on
multiple assignments for an obligation for the
same minor children. Notwithstanding any law
to the contrary, the court shall not charge a fee to
a person who files a request to terminate an
Supp. No. 7
§ 10-66
order of assignment if an employer is making
deductions on multiple assignments for an obligation for the same minor children.
(m) If a request to adjust or terminate an
order of assignment is filed, the court may order
that the SRPMIC Finance Department not
disburse any monies in dispute until further
order of the court.
(n) The court shall issue an order terminating
the order of assignment if the parties, file a
notarized stipulation with the court that all
obligations of support have been satisfied and
that the payor is no longer obligated to pay
support. The stipulation shall state that the
current obligation of support no longer exists
and that all arrearages either have been satisfied or waived. Within five business days after
the date the stipulation is filed, the court shall
transmit a copy of the order terminating the
order of assignment to the employer or SRPMIC
Finance Department and parties.
(Ord. No. SRO-579-2024, 6-12-2024; Ord. No.
SRO-596-2025, 7-2-2025)
Sec. 10-66. Termination.
(a) On petition of a person who has been
ordered to pay child support pursuant to a
presumption of paternity established pursuant
to section 10-5, except for good cause shown, the
payor's child support obligations continue in
effect until the court has ruled in favor of the
petitioner. The court shall order the petitioner,
each child who is the subject of the petition and
the child's mother to submit to genetic testing
and shall order the appropriate testing procedures
pursuant to section 10-7. If the court finds that
the petitioner is not the child's biological father,
the court shall vacate the determination of
paternity and terminate the support obligation.
(b) On petition of a person who has been
ordered to pay child support, the court may order
the child support to terminate without a hearing:
CD10:29
(1)
If clear and convincing evidence is
provided showing that the minor child
has reached the age of majority and
graduated high school,
§ 10-66
COMMUNITY CODE OF ORDINANCES
(2)
If clear and convincing evidence is
provided showing the minor child has
reached age of 19; or
(3)
Court has not issued continuing child
support due to a child's disability.
(2)
(c) If the payee of a child support order marries the payor of the child support order, that
order automatically terminates on the last day of
the month in which the marriage takes place and
arrearages do not accrue after that date. However,
the payee may collect child support arrearages
that accrued before that date.
(d) Unless otherwise ordered by the court, an
order vacating a support obligation is prospective and does not alter the petitioner's obligation
to pay child support arrearages or any other
amount previously ordered by the court.
(e) A minor's receipt of their own per capita
payments shall not prevent a parent from continuing to receive child support. The court may
reduce the child support obligation upon showing that the child's per capita or trust distributions goes toward the child's support and care
needs.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-67. Determination of controlling
order.
(a) If a proceeding is brought under this
division within this Community Code of
Ordinances and another tribunal has previously
issued a child support order, the previously
issued order of that tribunal controls and must
be recognized.
(b) If a proceeding is brought under this
division within this Community Code of
Ordinances, and two or more child support orders
have been issued by the court or in the state or
another state or another tribe with regard to the
same payor and same child, the court having
personal jurisdiction over both the payor and
individual payee shall apply the following rules
and by order shall determine which order controls:
(1)
If only one of the tribunals would have
continuing, exclusive jurisdiction, the
order of that tribunal controls and must
be recognized.
Supp. No. 7
(3)
If more than one of the tribunals would
have continuing, exclusive jurisdiction:
a.
An order issued by a tribunal where
the child has resided for the last six
months controls;
b.
If an order has not been issued
where the child has resided for the
last six months, the order most
recently issued controls.
If none of the tribunals would have
continuing, exclusive jurisdiction, the
court can issue a child support order.
(c) Sovereign immunity. Nothing in this division within this Community Code of Ordinances
shall be construed as a waiver of sovereign
immunity of the Community.
(Ord. No. SRO-579-2024, 6-12-2024)
Sec. 10-68. Overpayments.
(a) A payor whose obligation to pay support
has terminated may file a request for reimbursement against the payee for support payments
made in excess of the amount ordered if made
within three years of when the overpayment was
issued.
(b) The court may enter a judgment for
reimbursement against the payee if the court
finds that the payor's obligation to pay support
has terminated and that all arrearages have
been satisfied.
(c) The payee must pay the judgment through
the clerk of the court. The court may order
payments to be made pursuant to section 10-65.
(d) A judgment entered pursuant to this section does not constitute a support judgment and
is enforceable in the same manner as a civil
judgment.
(Ord. No. SRO-579-2024, 6-12-2024)
Secs. 10-69—10-76. Reserved.
CD10:30
DOMESTIC RELATIONS
ARTICLE III. ADOPTION
Sec. 10-77. Adoption of a minor.
Any minor child may be adopted by an adult
person, in the cases and subject to the rules
prescribed in this article.
(Code 1976, § 3.9; Code 1981, § 10-31; Code 2012,
§ 10-31; Ord. No. SRO-402-2012, § 10-31, 5-302012)
Sec. 10-78. Age of person adopting.
The person adopting the child must be at least
ten years older than the child adopted.
(Code 1976, § 3.10; Code 1981, § 10-32; Code
2012, § 10-32; Ord. No. SRO-402-2012, § 10-32,
5-30-2012)
Sec. 10-79. Consent of spouse.
A married person not lawfully separated from
his or her spouse cannot adopt a child without
Supp. No. 7
CD10:30.1
§ 10-79
DOMESTIC RELATIONS
the consent of the spouse, provided that the
spouse not consenting is capable of giving such
consent.
(Code 1976, § 3.11; Code 1981, § 10-33; Code
2012, § 10-33; Ord. No. SRO-402-2012, § 10-33,
5-30-2012)
Sec. 10-80. Consent to adoption by natural
parents and by child over 12
years.
(a) Parents/guardian. No adoption shall be
granted unless consent to adopt has been obtained
and filed with the court from the following:
(1)
From both natural parents, if living,
except in the following cases:
a.
Consent is not necessary from a
parent who has been declared
incompetent;
b.
Consent is not necessary from a
parent whose parental rights have
been judicially terminated;
c.
Consent is not necessary from a
parent who has previously consented
that the child be placed for adoption;
d.
Consent is not necessary from a
father who is not married to the
mother of the child both at the time
of its conception and at the time of
its birth, unless the father under
oath has acknowledged in a document filed with the court at or prior
to the time the petition for adoption
is filed, or unless the parentage of
the father has been previously
established by judicial proceeding.
(2)
From any guardian of the person of the
child appointed by a court and given
authority by it to consent to the child's
adoption.
(3)
From an agency which has been given
consent to place the child for adoption by
the parent or parents whose consent
would be necessary under subsection (a)(1)
of this section, or which has been given
authority in other legal proceedings to
place the child for adoption.
Supp. No. 6
§ 10-81
(b) Child of 12 years. Where the child is 12
years of age or older, the adoption shall not be
granted without his or her consent. Such consent
shall be given in open court or shall be in
conformity with this section or in such other
form as the court may direct.
(c) Waiver of consent. Notwithstanding the
provisions of section 10-82, the court may waive
the requirement of the consent of any person
required to give consent when, after a hearing on
actual notice to all persons adversely affected,
the court determines that the interest of the
child will be promoted thereby. In such case, the
court shall make written findings of all facts
upon which its order is founded.
(d) Minority no bar to competence. The minority of the child or parent shall not affect his or
her competency to give consent in the instances
set forth in this section.
(Code 1976, § 3.12; Code 1981, § 10-34; Code
2012, § 10-34; Ord. No. SRO-402-2012, § 10-34,
5-30-2012)
Sec. 10-81. Form and content of consent to
adoption.
(a) Written; witnessed. All consents to adoption shall be in writing and signed by the person
giving the consent and witnessed by two or more
credible witnesses who are at least 18 years of
age and who subscribed their names in the
presence of the person giving the consent or shall
be duly acknowledged before an officer authorized
to take acknowledgments by the person giving
consent.
(b) Time limit. A consent given before 72
hours after the birth of the child is invalid.
(c) Dated; identified. The consent shall be
dated and shall sufficiently identify the party
giving the consent and the child to whose adoption the consent is given.
(d) Designation of placement agency, adoptive
parent. The consent shall designate either of the
following:
CD10:31
(1)
The particular person or persons
authorized by the party giving the consent
to place the child for adoption;
§ 10-81
(2)
COMMUNITY CODE OF ORDINANCES
The particular person or persons
authorized to adopt the child by the
person giving the consent.
(e) True names to be used; exceptions. The
true names of the adopting person or persons
shall be used except that fictitious names may be
used if the person or persons are considered by
the court to be acceptable to adopt the child, the
consenting party knows that the names used are
fictitious and does not wish to know the true
names and the consenting party has been
furnished with all information which the consenting party wished to know about the adopting
person or persons.
(f) Invalidity of certain consent. A consent,
other than to any agency, which does not designate
a particular person or persons, or which purports
to permit a third person to locate or nominate an
adoptive parent, is invalid.
(Code 1976, § 3.15; Code 1981, § 10-35; Code
2012, § 10-35; Ord. No. SRO-402-2012, § 10-35,
5-30-2012)
Sec. 10-82. Termination of parental rights.
Any person or agency that has a legitimate
interest in the welfare of a child, including but
not limited to a relative, foster parents, physician or a private license child welfare agency,
may file a petition for the termination of the
parent-child relationship if one or more of the
following grounds exist:
(1)
(2)
The parent has abandoned the child or
the parent has made no effort to maintain
a parental relationship with the child. It
shall be presumed the parent intends to
abandon the child if a child has been left
without any provision for his or her
support and without any communication
from such parent for a period of six
months or longer. If, in the opinion of the
court, the evidence indicates that such
parent has made only token efforts to
support or communicate with the child,
the courts may declare the child
abandoned by such parent.
The parent has neglected or willfully
abused the child.
Supp. No. 6
(3)
The parent is unable to discharge the
parental responsibilities because of mental
illness or mental deficiency and there are
reasonable grounds to believe that the
condition will continue for a prolonged,
indeterminate period of time.
(4)
The parent is deprived of his or her civil
liberties due to the conviction of a felony
if the felony of which such parent was
convicted is of such nature as to prove
the unfitness of such parent to have
future custody and control of the child, or
if the sentence of such parent is of such
length that the child would be deprived
of a normal home for a period of years.
(5)
The parents have relinquished their rights
to the child to an agency or have consented
to the adoption.
(Code 1976, § 3.13; Code 1981, § 10-36; Code
2012, § 10-36; Ord. No. SRO-402-2012, § 10-36,
5-30-2012)
Sec. 10-83. Hearing to be by juvenile
court; ruling on grounds for
termination.
(a) Adoption cases shall be heard by the
juvenile court. The general public shall be
excluded and only such persons shall be admitted whose presence the judge finds to have a
direct interest in the case or the work of the
court, provided that such person so admitted
shall not disclose any information secured at the
hearing. The court may require the presence of
any parties and witnesses it deems necessary to
the disposition of the petition, except that a
parent who has executed a waiver of his or her
presence at said hearing or who has relinquished
his or her rights to the child shall not be required
to appear at the hearing.
(b) The court's findings with respect to grounds
for termination shall be based upon a preponderance of the evidence under the rules applicable
and adhering to the trial of civil cases. The court
may consider any and all reports submitted or
ordered by the court for the assistance in making
a determination.
(Code 1976, § 3.14; Code 1981, § 10-37; Code
2012, § 10-37; Ord. No. SRO-402-2012, § 10-37,
5-30-2012)
CD10:32
DOMESTIC RELATIONS
Sec. 10-84. Hearing, order and rights
under adoption order.
(a) Petitions filed under this article shall be
heard by the court and such hearings shall be as
informal as the requirements of due process and
fairness permit. The person petitioning for adoption, the spouse of a petitioner and the child to be
adopted shall attend unless the court orders
otherwise. Only such other persons shall be
admitted as the court shall find to have a direct
interest in the case before the court. Any such
person so admitted shall not disclose any information secured at the hearing. The court may
require the presence of such other witnesses as it
deems necessary.
(b) The court's finding shall be based upon a
preponderance of the evidence. The court may
consider any and all reports which it may order
or which may be submitted to the court.
(c) If, after the hearing and consideration of
all the evidence, the court is satisfied that the
requirements of this article have been met and
that the adoption is in the best interest of the
child, the court shall make an order granting the
adoption. The order may change the name of the
child to that of the petitioner. The order of the
court shall be in writing and shall recite the
findings of fact upon which such order is based,
including findings pertaining to the court's
jurisdiction. Such order shall be conclusive and
binding on all persons from the date of entry
subject to appeal as is provided for by this
Community Code of Ordinances.
(d) Upon entry of the decree of adoption, the
relationship of parent(s) and child and all the
legal rights, privileges, duties, obligations and
other legal consequences of the natural relationship of child and parent(s) shall thereafter exist
between the adopted child and the adoptive
parent(s), the same as though the child were
born to the adoptive parent(s), including the
right to inherit property not disposed of by a will,
subject to Community inheritance laws.
(e) Upon entry of the decree of adoption, the
parent-child relationship between the adopted
child and the persons who were his or her
parents just prior to the decree of adoption shall
Supp. No. 6
§ 10-113
be completely severed and all the legal rights,
privileges, duties, obligations and other legal
consequences of the relationship shall cease to
exist, including the right to inherit property not
disposed of by a will; except, that in the event the
adoption is by the spouse of the child's parent,
the relationship between that child and that
parent shall remain unchanged by the decree of
adoption.
(f) Upon the entry of a decree of adoption
whereby a child who is an enrolled member of
the Community is adopted by parent(s) not
members of the Community, the Community
court shall send a copy of such decree to the
Community enrollment office. Upon receipt of
such adoption notice, the Community membership office will note the fact of adoption by
nonmember parents in the records. The adopted
child's membership shall not be affected by the
decree of adoption.
(Code 1976, § 3.16; Code 1981, § 10-38; Code
2012, § 10-38; Ord. No. SRO-196-95, § 1, 5-31995; Ord. No. SRO-402-2012, § 10-38, 5-302012)
Sec. 10-85. Adoption of illegitimate child
by father.
The father of an illegitimate child by publicly
acknowledging it as his own, receiving it as such,
with the consent of his wife if he is married, into
his family, and otherwise treating it as if it were
a legitimate child, thereby adopts it as such, and
such child thereupon shall be deemed for all
purposes legitimate from the time of the child's
birth. The foregoing provisions of this article do
not apply to such adoption.
(Code 1976, § 3.18; Code 1981, § 10-39; Code
2012, § 10-39; Ord. No. SRO-402-2012, § 10-39,
5-30-2012)
Secs. 10-86—10-96. Reserved.
ARTICLE IV. GUARDIANSHIP
DIVISION 1. GENERALLY
Secs. 10-97—10-113. Reserved.
CD10:33
§ 10-114
COMMUNITY CODE OF ORDINANCES
DIVISION 2. GUARDIANSHIP FOR MINORS
Sec. 10-114. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Abuse registry means any registry maintained
in any jurisdiction that contains information
based on substantiated reports of abused,
neglected or exploited vulnerable adult or minor
child.
Child means a person who is less than 18
years old who has not been emancipated by order
of a court of competent jurisdiction or by legal
marriage.
Conservator means the office of the public
fiduciary, a person or a financial institution
appointed by the Community court to manage
real property and/or financial assets of a minor.
decisions about their child's life and/or child's
estate, if applicable, unless the parent has joint
guardianship with another person.
Guardianship of property shall have the same
meaning as conservator.
Incapacitated means an impairment by reason
of mental illness, mental deficiency, mental
disorder, physical illness or disability, advanced
age, chronic use of drugs, chronic intoxication or
other cause to the extent that the person lacks
sufficient understanding or capacity to make or
communicate responsible decisions concerning
his or her person.
Party means the parent, guardian, child, Community to whom certain rights accrue, including,
but not limited to, with certain restrictions and
limitations:
Court means the Community court of the Salt
River Pima-Maricopa Indian Reservation.
Dangerous instrument means anything that
under the circumstances in which it is used,
attempted to be used, or threatened to be used is
readily capable of causing death or serious physical injury.
Deadly weapon means anything designed for
lethal use, including a firearm.
Estate shall have the same meaning as the
term "property."
Guardian means a person appointed to take
care of a person or the person's property.
Guardian's acknowledgment is a form which
the appointed guardian acknowledges the terms
of the legal guardianship and the guardian
agrees to assume responsibilities in accordance
to the applicable terms.
Guardianship of a minor means a legal relationship created by the court when an individual,
who is not the minor child's parent, is ordered by
the court to assume the responsibilities of care
and control of a minor child. A guardianship of a
minor takes away the parents' right to make
Supp. No. 6
(1)
The right to be notified of proceedings;
(2)
To retain counsel;
(3)
To appear and present evidence;
(4)
To call, examine and cross examine witnesses;
(5)
The unlimited or restricted right to
discovery and the inspection of records;
and
(6)
The right to request a hearing or appeal
a final order.
Permanent guardianship means a legal
relationship created by the court when an
individual, who is not the minor child's parent, is
ordered by the court to assume the responsibilities of care and control of a minor child. A
guardianship of a minor takes away the parents'
right to make decisions about their child's life
and/or child's estate, if applicable, unless the
parent has joint guardianship with another
person. There shall be a presumption of continued
permanent guardianship in order to provide
stability of the child. Permanent guardianship
shall only be terminated based upon the unsuitability of the permanent guardians rather than
the competency or suitability of the parents. The
court may appoint a permanent guardian pursuant to chapter 11.
CD10:34
DOMESTIC RELATIONS
Property means something of value that is
owned.
good moral character and demonstrates
the ability to properly care for the minor
child. If the minor child is a sibling of the
individual petitioning for legal guardianship, the person must be at least 18 years
of age, of good moral character and
demonstrate the ability to properly care
for the minor child;
Public fiduciary means the appointment by
the Community court of the office of the public
fiduciary-conservator division to act in the capacity of conservator for a minor.
Temporary guardianship means a person who
is appointed on a temporary basis for a specific
period not to exceed six months, if the child has
no guardian and an emergency exists.
(Code 1976, § 3.30; Code 1981, § 10-51; Code
2012, § 10-51; Ord. No. SRO-383-2011, § 10-51,
8-10-2011; Ord. No. SRO-402-2012, § 10-51,
5-30-2012; Ord. No. SRO-445-2014, § 10-114,
7-2-2014; Ord. No. SRO-580-2024, 7-31-2024)
(2)
Office of the prosecutor or office of the
general counsel with an interest in
establishing guardianship for a minor
child if it is in the minor child's best
interests; or
(3)
The court appointed guardian ad litem
with an interest in establishing guardianship for a minor child if it is in the minor
child's best interests.
Sec. 10-115. Types of guardianship.
The types of guardianship shall include the
following:
(1)
Guardianship of property;
(2)
Permanent guardianship;
(3)
Guardianship of a minor; and
(c) Contents of the petition.
(1)
(4) Temporary guardianship.
(Code 1976, § 3.19; Code 1981, § 10-52; Code
2012, § 10-52; Ord. No. SRO-383-2011, § 10-52,
8-10-2011; Ord. No. SRO-402-2012, § 10-52,
5-30-2012)
A petition for legal guardianship shall be
verified under oath by potential guardian(s) and shall contain the following
information:
a.
The names, dates of birth, addresses
and whether such addresses are
within the exterior boundary of the
Community, and tribal affiliations,
if any, of the natural mother, all
potential father(s), the child, all
others who have legal rights of
custody, visitation, or support of the
child, and of the potential guardian(s). If any of the information is
unknown, the petition should state
the information is unknown;
b.
The names of the persons with whom
the child has lived, the residences
at which the child has lived, for the
previous year, and the length of
time the child has lived with each
person and at each residence;
c.
Potential guardian(s)' occupation,
relationship to the child and the
basis for the petitioner's request;
d.
Basis of the court's jurisdiction
pursuant to section 10-3(a);
Sec. 10-116. Petition for guardianship.
(a) Generally.
(1)
Confidentiality. The records filed under
this article shall be confidential and section 11-28 applies to this article.
(2)
Any guardianship action under this article
shall be governed by the Community's
rules of civil procedure set forth in article
II of chapter 5 unless otherwise provided.
(3)
Any party may use documents other than
those provided pursuant to this section if
the documents are substantially similar
pursuant to this section.
(b) Who may file a petition.
(1)
Any person petitioning for legal guardianship must be at least 21 years of age, of
Supp. No. 6
CD10:35
§ 10-116
§ 10-116
(2)
COMMUNITY CODE OF ORDINANCES
appointee's appointment has been
terminated within the three-year
period;
e.
The name and address of the person
or agency having legal or temporary
custody of the child;
f.
The type of guardianship requested;
c.
g.
A full description and statement of
the value of all property owned,
possessed or in which the child has
an interest, if guardian of property
is requested;
Whether or not the proposed
appointee has a working knowledge
of the powers and duties imposed on
a guardian or a conservator;
d.
Whether or not the proposed
appointee has acted within three
years of the petition in a fiduciary
capacity pursuant to a power of
attorney and, if so, the number of
persons for whom the appointee has
so acted. If the proposed appointee
has ever acted in such capacity for
the proposed child or a protected
person, the proposed appointee shall
specify the date of execution of such
power of attorney, the place where
the power of attorney was executed,
the actions taken by the proposed
appointee pursuant to such power
of attorney and whether or not such
power of attorney is currently in
effect;
e.
Whether or not, to the best of the
proposed appointee's knowledge, the
proposed appointee is listed in any
(child or elder) abuse registry as
having committed abuse, neglect, or
financial exploitation of any person;
f.
Whether or not, to the best of the
proposed appointee's knowledge, the
proposed appointee is listed in any
sex offender registry;
g.
Whether or not, the proposed
appointee has failed to file any report
of guardian or conservatorship
accounting following receipt of notice
of delinquency;
h.
Whether or not the proposed
appointee has ever been removed as
a guardian or conservator and, if so,
for whom and under what
circumstances;
h.
A copy of the child's birth certificate
shall be attached to the petition or
provided to the court at least five
days before the first hearing;
i.
Verification that they will submit to
the criminal background check and
a home study; and
j.
Whether the minor child is or was a
ward of the court.
Every proposed appointee shall provide
to the court, under oath, the following
information and shall be included in the
petition:
a.
b.
Supp. No. 6
Whether or not the proposed
appointee has been convicted of a
felony in any jurisdiction and, if so:
1.
The nature of the offense;
2.
The name and address of the
sentencing court;
3.
The case number;
4.
The date of conviction;
5.
The terms of the sentence;
6.
The name and telephone
number of any current probation or parole officer; and
7.
The reasons why the conviction should not disqualify the
proposed appointee;
Whether or not the proposed
appointee has acted as guardian or
conservator for another person
within three years of the petition
and, if so, the number of individuals
for whom the proposed appointee is
currently serving and the number
of individuals for whom the proposed
CD10:36
DOMESTIC RELATIONS
i.
j.
(2)
The nature of the proposed
appointee's relationship to the
proposed child, and how the proposed
appointee met the proposed child;
The proposed appointee shall identify
and disclose any relationships, positions, interests, or circumstances in
which the proposed appointee is
involved that he or she believes
could be in conflict with or adverse
to the best interests of the proposed
child; and
(3)
k.
A signed guardian's acknowledgment.
(Code 1976, § 3.22; Code 1981, § 10-53; Code
2012, § 10-53; Ord. No. SRO-383-2011, § 10-53,
8-10-2011; Ord. No. SRO-402-2012, § 10-53,
5-30-2012; Ord. No. SRO-406-2012, § 10-53,
8-8-2012)
Sec. 10-117. Service of the petition for
guardianship; notice of hearing.
(a) Service of petition for guardianship. The
service of the petition for guardianship and
notice of hearing shall be completed as follows:
(1)
The date, time, and place of the
hearing and a copy of the petition
for guardianship; and
b.
A statement to the effect that the
rights of the parent or parents may
be affected, that certain persons are
proposed to be appointed as legal
guardians in the proceedings, and
that if the parent or parents fail to
appear at the time and place specified in the summons, the court may
appoint those persons as legal guardians and take any other action that
is authorized by law.
Supp. No. 6
Service of the petition for guardianship
and notice shall be personally served on:
a.
The petitioner and potential guardian(s), if different;
b.
The child who is the subject of the
petition if the minor child is 14
years of age or older; and
c.
The child's parents or current guardian, if their parental rights have not
been terminated.
Notice shall be served via first class and
certified mail, return receipt requested
on:
a.
Any person interested in any cause
under this article, such as any relative, that the parties, the Community prosecutor, the guardian ad
litem or the court deem necessary
for proper adjudication; and
b.
The person, excluding shelter care
persons, who has had the principal
care and custody of the minor during
the 60 days preceding the date of
the petition.
(4)
If any party who is required to be personally served is outside the Community's
service area, service shall be by certified
mail, return receipt requested, or by any
other means reasonably designed to give
notice pursuant to the Community's rules
of civil procedure set forth in article II of
chapter 5. Notice must be given in a
manner reasonably calculated to give
actual notice but may be by publication if
other means are not effective. If notice is
done by publication, publication must be
done in the county that the respondent
last resided in and in the Community.
(5)
Proof of service may be made in the
manner prescribed by the Community.
The court shall serve the petition of
guardianship and shall issue notice of
the hearing for guardianship at least 20
calendar days before the hearing is
scheduled to take place. The notice shall
include:
a.
§ 10-117
(b) Notice to respondent(s). Notice is not
required if the person submits to the jurisdiction
of the court.
CD10:37
(1)
A person submits to the jurisdiction of
the court by filing a responsive pleading;
or
§ 10-117
(2)
COMMUNITY CODE OF ORDINANCES
A person appears at any hearing.
cost, if any, of obtaining the criminal
background information. The cost shall
not exceed the actual cost of obtaining
the applicant's criminal background
information.
(c) Service of subsequent documents.
(1)
(2)
If service of the original petition and
notice of hearing was effectuated, as
described in subsection (a) of this section, every subsequent document shall be
served upon by first class mail.
(2)
Each prospective guardian shall submit
a full set of fingerprints, pursuant to
subsection (1) of this section, to the department of social services or any public
safety department for the Community for
the purpose of obtaining a state and
federal criminal records check. These
fingerprints shall then be submitted to
the state department of public safety
which may exchange the fingerprint data
with the Federal Bureau of Investigation
pursuant to A.R.S. § 41-1750 and Public
Law 92544.
(3)
The applicant shall not be eligible to
serve as guardian of the minor child, or
the child's estate, or both, if the applicant
has any criminal conviction in any state
or federal jurisdiction or the Community
for:
If a respondent files a responsive pleading or appears at any hearing, every
subsequent document shall be served by
first class mail.
(3)
The parties shall inform the court of
their mailing address and update their
address within ten days of any change of
address. A party's failure to update the
court of a change of mailing address is
not a defense for the individual's lack of a
notice of any court action.
(Code 1976, § 3.31; Code 1981, § 10-54; Code
2012, § 10-54; Ord. No. SRO-383-2011, § 10-54,
8-10-2011; Ord. No. SRO-402-2012, § 10-54,
5-30-2012; Ord. No. SRO-406-2012, § 10-54,
8-8-2012)
a.
Child abuse or neglect;
Sec. 10-118. Guardianship report and
background study.
b.
Homicide;
c.
Kidnapping;
In order to determine the applicant's suitability as a guardian:
d.
Any felony involving the use of a
dangerous instrument or deadly
weapon;
e.
Any registrable sexual offense as
indicated in chapter 6.5.
(1)
The prospective guardian(s) shall provide
the completed criminal background report,
which shall be based on fingerprints of
the applicant and all adults residing in
the applicant home for at least six months
or more; and a home study report for
appointment of guardians of minors. A
home study shall not be required for the
appointment of guardianship of property.
The public fiduciary is not subject to
these requirements but shall update their
criminal background with the Community subject to human resources' policies pursuant to their employment with
the Community. Social services division
shall be available to assist prospective
guardian(s) in obtaining criminal
background report(s) and home study as
requested. The applicant shall bear the
Supp. No. 6
CD10:38
(4)
Criminal convictions within the last ten
years other than those listed pursuant to
subsection (3) of this section may also be
considered by the court when determining appropriateness of the applicant.
(5)
The court shall require a home study
report be provided by the social services
department or a licensed child welfare
services agency that has satisfied the
standards of the Community social
services department, provided that the
agency is able to produce a report as
required by this section. The report shall
address the suitability and character of
the legal guardian, including, but not
DOMESTIC RELATIONS
limited to, the financial, physical, the
criminal background, as described in
subsection (3) of this section, and general
background of the legal guardian and
their home. The report shall include a
summary of the criminal background
report and reflect contact with all
appropriate agencies and individuals who
have relevant knowledge and information. The report shall contain recommendations
regarding
the
legal
guardianship, and whether social services
department or a licensed child welfare
services agency believes that such legal
guardianship will be in the best interest
of the child.
(Code 1976, § 3.23; Code 1981, § 10-55; Code
2012, § 10-55; Ord. No. SRO-383-2011, § 10-55,
8-10-2011; Ord. No. SRO-402-2012, § 10-55,
5-30-2012; Ord. No. SRO-406-2012, § 10-55,
8-8-2012; Ord. No. SRO-581-2024, 7-31-2024)
Sec. 10-119. Guardianship hearing.
(a) Purpose/time limit. A hearing shall be
commenced within 90 calendar days of filing of a
petition for legal guardianship to determine if it
is in the child's best interests to be appointed a
legal guardian.
(b) Attendance of guardian required. The court
shall not grant a guardianship, if the prospective
guardian(s) is/are not present at the evidentiary
hearing.
(c) Judicial inquiry. The court shall inquire of
all persons appearing as to whether the best
interests of the minor child will be promoted by
the legal guardianship and if parent(s) agree(s)
to the guardianship.
(1)
Should either parent dispute the
guardianship action, the court shall not
continue with the guardianship proceedings until the matter is investigated by
child protective services, if applicable,
and the guardian ad litem.
(2)
Should there be allegations of child neglect
or abuse, the court shall refer the matter
to child protective services pursuant to
section 11-156.
Supp. No. 6
§ 10-119
(3)
Should either parent dispute the
guardianship action, the court shall
appoint a guardian ad litem to investigate
what is the best interest of the minor
child and to make recommendations to
the court regarding the pending guardianship proceeding.
(4)
Should either parent fail to appear in
court absent good cause showing and
they were properly noticed, the court
shall consider their failure to appear as
consent.
(5)
Should prospective guardian(s) wish to
pursue further action, but where the
parents do not consent and the guardian
ad litem does not recommend the
guardianship action, prospective guardian(s) may proceed with termination of
parental rights and adoption proceeding.
(d) General public exclusion from proceedings. The general public shall be excluded from
the proceedings under this section. Only the
parties and their counsel may attend the hearing
unless the parties consent to interested person's
attendance. Any witnesses may attend the hearing but are not to remain in the courtroom until
they are called to testify. After the witness has
testified, they may be excluded and/or excused
from the courtroom proceeding unless the parties have no objections to their presence in the
courtroom.
(e) Emergency temporary guardianship.
(1)
CD10:38.1
A court, prior to evidentiary guardianship hearings, may appoint an emergency
temporary guardian for the person or
property, or both, of the minor child. The
court must specifically find that there
appears to be imminent danger that the
physical or mental health or safety of the
minor child will be seriously impaired or
that the minor child's property is in
danger of being wasted, misappropriated, or lost unless immediate action is
taken. The powers and duties of the
emergency temporary guardian must be
specifically enumerated by court order.
§ 10-119
(2)
(3)
COMMUNITY CODE OF ORDINANCES
The prospective guardian(s) shall also
petition for appointment of guardianship
at the time of filing for an emergency
temporary guardianship if the prospective guardian(s) is requesting that the
guardianship last longer than the
temporary grant of six months.
The authority of an emergency temporary
guardian expires 90 days after the date
of appointment or when a guardian is
appointed, whichever occurs first. The
authority of the emergency temporary
guardian may be extended for an
additional 90 days upon a showing that
the emergency conditions still exists, not
to exceed six months.
(4)
The court may issue an injunction,
restraining order, or other appropriate
writ to protect the physical or mental
health or safety of the minor child who is
the ward of the emergency temporary
guardianship.
(5)
The emergency temporary guardian shall
take an oath to faithfully perform the
duties of a guardian, outlined in the
guardian's acknowledgment that was
signed and filed with the court.
(6)
An emergency temporary guardian's
authority and responsibility begins upon
issuance of the court's order.
(7)
An emergency temporary guardian shall
file a final report no later than 30 days
after the expiration of the emergency
temporary guardianship.
a.
Supp. No. 6
If an emergency temporary guardian is a guardian for the property,
the final report must consist of a
verified inventory of the property as
of the date the letters of emergency
temporary guardianship were issued,
a final accounting that gives a full
and correct account of the receipts
and disbursements of all the property
of the minor child over which the
guardian had control, and a statement of the property of the minor
CD10:38.2
child on hand at the end of the
emergency temporary guardianship.
b.
If the emergency temporary guardian becomes the successor guardian
of the property, the final report must
satisfy any additional requirements
pursuant to the court's order.
c.
If the emergency temporary guardian is a guardian of the minor child,
the final report must summarize
the activities of the temporary guardian with regard to residential placement, medical condition, mental
health and rehabilitative services,
and the social condition of the minor
child to the extent of the authority
granted to the temporary guardian
in the letters of guardianship. If the
emergency temporary guardian
becomes the successor guardian of
the person, the final report must
satisfy any additional requirements
pursuant to the court's order.
DOMESTIC RELATIONS
d.
and convincing evidence that the guardianship is in the best interests of the child
and that the prospective guardian(s) will
meet the child's needs; and
A copy of the final report of the
emergency temporary guardianship
shall be served on the successor
guardian and the minor child.
(2)
(f) Initial guardianship hearing.
(1)
(2)
At the initial guardianship hearing, the
court shall:
a.
Schedule an evidentiary hearing;
b.
Determine whether fingerprints have
been submitted;
c.
Verify a home study and any applicable criminal background will be
completed prior to the evidentiary
hearing;
d.
Determine whether the child will be
required to testify or be present at
the evidentiary hearing;
e.
Resolve any discovery and disclosure disputes; and
f.
Issue any other orders the court
deems appropriate.
b.
(3)
(i) Final order. An order establishing legal
guardianship shall be a considered a final order
for the purposes of appeal.
Enter temporary orders in accordance with the stipulations of the
parties, or if agreed to by the parties,
based upon discussions, avowals, and
arguments presented at the initial
hearing; and
(1)
The court may impose restrictions or conditions on the appointment of a guardian
or conservator, or of a category of guardian or conservator, that it finds necessary
to provide for the appropriate care and
supervision of the child or the child's
property.
(2)
In the interest of fostering independence
and self-reliance of the child or for other
good cause, the court, at the time of appointment or later, on appropriate petition or motion of the minor or other interested person may create a limited
guardianship by limiting the powers of a
guardian otherwise granted by this section.
(3)
The court shall send a copy of the appointment of conservator to the office of the
public fiduciary if the court has appointed
this office to be conservator of a minor
child's real property and/or financial assets.
(4)
The parent(s) and the child's extended
family shall be granted liberal visitation
rights unless deemed inappropriate by
the court.
Order evaluations, assessments, appraisals, appointments or other special procedures needed to properly
manage the case and resolve the
disputed issues.
After the initial hearing is held, the court
shall issue an order within two business
days regarding the actions that were taken
and the court's orders.
(g) Evidentiary guardianship hearing rules. The
following rules shall apply to evidentiary guardianship hearings:
(1)
The court shall review the contents of the
petition and hear any additional evidence
in order determine whether there is clear
Supp. No. 1
The prospective guardian(s) shall take an
oath to faithfully perform the duties of a
guardian, outlined in the guardian's acknowledgment that was signed and filed
with the court. The court shall make a
recitation of the guardian's duties and
require the guardian to acknowledge the
acceptance of each duty during the
evidentiary hearing.
(h) Determination by the court. The court shall
issue an order within five business days after the
hearing, with its written findings, conclusions of
law, and the type of guardianship as described in
section 10-115 that the court is ordering.
If the guardianship proceeding has been
joined with an action other than a dependency action, the court may:
a.
§ 10-119
CD10:39
§ 10-119
COMMUNITY CODE OF ORDINANCES
(j) Guardianship by default.
(1)
When the responding party, who may be
the parent, legal custodian or legal guardian, fails to appear or otherwise defend,
upon the request of the potential guardian(s), the court shall enter a default
guardianship order. Prior to the evidentiary
hearing, the court shall make a finding of
the following:
a.
b.
The service of the petition and summons is complete and respondent
has failed to appear absent good
cause showing at the initial or
evidentiary hearing or otherwise answer pursuant to the Community's
rules of civil procedure set forth in
article II of chapter 5.
custody to the surviving parent. In the event that
no surviving parent exists, deference will be given
to the deceased parent's will, if validly executed,
for the determination of guardianship.
(Code 1976, § 3.20; Code 1981, § 10-58; Code 2012,
§ 10-58; Ord. No. SRO-383-2011, § 10-58, 8-102011; Ord. No. SRO-402-2012, § 10-58, 5-30-2012)
Sec. 10-122. Rules for selection of courtappointed guardian.
In appointing a guardian, the court is guided
by the following considerations:
If paternity was also at issue, the
court must make a finding of paternity prior to entering a default order
of guardianship pursuant to section
10-6.
Prior to entering a default order of guardianship, the court shall have an evidentiary
hearing to establish guardianship pursuant to subsection (g) of this section.
(Code 1976, § 3.27; Code 1981, § 10-56; Code 2012,
§ 10-56; Ord. No. SRO-383-2011, § 10-56, 8-102011; Ord. No. SRO-402-2012, § 10-56, 5-30-2012;
Ord. No. SRO-406-2012, § 10-56, 8-8-2012; Ord.
No. SRO-445-2014, § 10-119(i)(3), 7-2-2014)
(1)
By what appears to be for the best interest of the child in respect to its temporal,
mental and moral welfare;
(2)
In the court's discretion, the parents' or
previous guardian's preference, may be
considered but may not be the controlling
factor in determining guardianship;
(3)
When the minor child who is the subject
of the petition for guardianship is 14
years of age or older, the court shall
consider his or her preference in appointing a guardian;
(4)
If more than one sibling is having a guardian appointed, preference shall be given
to a qualified person that can serve as
guardian for all siblings;
(5)
The results of the criminal background
check and the home study report;
(6)
The recommendations of the guardian ad
litem, if applicable; and
(7)
When two persons are requesting guardianship of a child, the court shall consider
who has been caring for the minor child
for the last six months, what is in the
child's best interests and the following
placement preference:
(2)
Sec. 10-120. Jurisdiction over
pointed guardians.
court-ap-
The Community court shall have exclusive
jurisdiction over a guardian appointed by the
court. By accepting a court appointment as guardian, a guardian submits personally to the jurisdiction of the court.
(Code 1976, § 3.24; Code 1981, § 10-57; Code 2012,
§ 10-57; Ord. No. SRO-383-2011, § 10-57, 8-102011; Ord. No. SRO-402-2012, § 10-57, 5-30-2012)
a.
The wishes of the deceased parent;
b.
Members of the extended family;
c.
A family of tribal affiliation with the
Community;
d.
Any other Indian family, and preference given to any tribe that the child
has affiliation with; and
Sec. 10-121. Appointment by will.
If the primary custodial parent deceases, the
surviving parent shall be awarded as the primary
custodial parent unless good cause exists to deny
Supp. No. 1
CD10:40
DOMESTIC RELATIONS
§ 10-123
protect the estate and to utilize the
child's estate for the care, custody
and education of the child;
e.
Any other suitable nonrelative placement.
(Code 1976, § 3.21; Code 1981, § 10-59; Code 2012,
§ 10-59; Ord. No. SRO-383-2011, § 10-59, 8-102011; Ord. No. SRO-402-2012, § 10-59, 5-30-2012)
Sec. 10-123. Rights and responsibilities of
guardians.
c.
To update any records that relate to
the minor child;
d.
Within 90 days after appointment,
prepare and file with the court an
inventory of the estate owned by the
child on the date of the appointment,
listing it with reasonable detail and
indicating the fair market value as
of the date of appointment of each
item listed;
(a) Duties of a guardian.
(1)
The legal guardian shall be responsible
for reporting to the court on a yearly basis
or more often, as required by the court.
(2)
The legal guardian shall be responsible
for the following, if the court has appointed the guardian over the minor child:
e.
Keep suitable records related to the
use of the child's property;
a.
To protect, nurture, discipline, and
educate the child;
f.
b.
To provide food, clothing, shelter, education as required by law, and health
care for the child, including, but not
limited to, medical, dental, mental
health, psychological and psychiatric care and treatment;
To provide an account, under oath, of
the management and disposition of
the property or estate of the child
and all proceeds or interest derived
from the property or estate within
three months after the appointment,
at least once a year thereafter and at
other times as the court directs; and
c.
To consent to health care for the
child and sign a release authorizing
the sharing of health care information with appropriate authorities, in
accordance with applicable law;
g.
d.
To update any records that relate to
the minor child;
e.
To consent to the child's participation in social and school activities;
and
At the expiration of the guardian's
appointment, the guardian is required to settle their account with
the court of the Community, or with
the child, if they are of full age, or
the child's legal representatives and
to pay over and deliver all the property of the estate, monies, and effects remaining with the guardian,
or due from the guardian for settlement of an account.
f.
To notify the court of a change of
address of the guardian and the child.
(3)
The legal guardian shall be responsible
for the following, if the court has appointed the guardian over the property:
a.
b.
To make an inventory of all real
and/or personal property of the child's
estate and all other property that
comes to their knowledge or possession;
To manage the child's estate, take
reasonable steps to take control and
CD10:41
(b) Responsibilities of a guardian.
(1)
Take reasonable care of the child's personal effects and commence protective proceedings, if necessary, and if applicable, to
the appointment protect any property of
the child.
(2)
Apply any available monies of the child to
the child's current needs for support, care
and education.
(3)
Conserve any excess monies for the child's
future needs.
§ 10-123
(4)
COMMUNITY CODE OF ORDINANCES
A guardian may:
a.
b.
c.
d.
Receive monies payable for the support of the child under the terms of
any Community benefit, insurance
system, private contract, devise, trust,
conservatorship or custodianship, and
monies or property of the child paid
or delivered.
Sec. 10-124. Removal of guardian; relinquishment proceedings; revocation of guardianship.
(a) Involuntary removal, petition to remove a
guardian.
Take physical custody of the person
of the child and establish the child's
place of residence in or outside this
state, if consistent with the terms of
an order of a court of competent
jurisdiction relating to the detention
or commitment of the child.
Take physical custody of the child
and establish the child's residence in
or outside this state if it is consistent
with the terms of an order of a court
of competent jurisdiction in relation
to the detention or commitment of
the child.
If a conservator for the child's estate
has not been appointed, to initiate
proceedings, including administrative proceedings, or take other appropriate action to enforce the duty by
any person to support the child or to
pay amounts for the welfare of the
child.
e.
Consent to the marriage or adoption
of the child.
f.
If reasonable, delegate to the child
certain responsibilities for decisions
affecting the child's well-being.
(c) Child support. A guardian may petition for
child support pursuant to article I of this chapter.
(Code 1976, § 3.25; Code 1981, § 10-60; Code 2012,
§ 10-60; Ord. No. SRO-383-2011, § 10-60, 8-102011; Ord. No. SRO-402-2012, § 10-60, 5-30-2012)
CD10:42
(1)
(2)
Who may file. A petition to remove a
guardian may be filed by:
a.
The Community prosecution office
on behalf of the Community.
b.
The guardian ad litem for the child.
c.
Any advocate or attorney representing the child.
d.
A parent.
Contents of petition. The petition to remove of a guardian shall include the following to the best information and belief
of the petitioner:
a.
The address of the guardian;
b.
The full name, sex, date of birth,
place of residence and tribal affiliation of the child;
c.
The basis for the court's jurisdiction;
d.
The length of time the guardian has
been the custodian or legal guardian
of the child;
e.
The names, addresses and places of
residence, tribal affiliation of the
child's legal parents;
f.
The ages of the child's parents, if the
parents are under 18 years of age;
g.
Where the child's parent is under
the age of 18 years, the names, addresses and place of residence of the
parent's parents or guardian;
h.
The name and address of any person
or agency having legal or temporary
custody of the child;
i.
The grounds and basic facts in support of such on which the removal is
sought under pursuant subsection
(a)(3) of this section;
j.
A list and statement of value of all
assets of the child; and
DOMESTIC RELATIONS
k.
(3)
When any of the facts required by
this subsection are unknown, the
petition shall so state.
Grounds for involuntary removal of a
guardian. Any one of the following allegations proven by the Community at trial
shall be grounds for the involuntary removal of a guardian:
a.
The guardian is or has been incarcerated for more than 24 months
(including separate incarceration periods), requiring the child to be separated from the guardian;
b.
The guardian willfully, intentionally
or negligently caused the death of a
child;
c.
The guardian sexually assaulted or
molested a child;
d.
The guardian assaulted a child resulting in serious physical injuries;
e.
The guardian willfully or intentionally caused the death of any person;
f.
The guardian has had a separate
guardianship or parental rights as
to another child involuntarily terminated;
g.
h.
The guardian is seriously mentally
ill and is not likely to maintain mental sufficiency in order to meet a
child's needs;
The guardian willfully or intentionally inflicted serious or chronic emotional abuse upon a child;
i.
The guardian engaged in egregious
conduct that poses a risk to a child's
well-being;
j.
The guardian had knowledge of emotional or physical abuse or neglect of
a child and failed to protect that
child from such harm;
k.
The guardian cannot adequately support a child financially, or is otherwise incapable of meeting a child's
needs for care and supervision;
l.
(4)
The guardian has demonstrated gross
immorality;
CD10:43
(5)
§ 10-124
m.
The guardian has abused his or her
trust or powers of a guardian;
n.
The guardian has continuously failed
to perform his or her duties as a
guardian;
o.
The guardian is incapable of fulfilling his or her duties; and
p.
The guardian was convicted of a
felony offense during his or her appointment as guardian.
When the court receives a petition to
remove a guardian that is filed by a parent, child, child's attorney, guardian ad
litem or any other person/entity other
than the Community prosecutor, the court
shall make a written referral to child
protective services within three business
days. The court shall also provide a copy
of the petition to the Community prosecutor and notice the prosecutor for any hearing. When a petition to remove a guardian
is filed, the case shall be adjudicated by
the juvenile court and shall be conducted
with procedures consistent with section
11-163.
a.
An initial hearing for formal trial
shall be set within ten days of the
petition to remove a guardian.
b.
The Community shall have a right to
resume the case as the petitioner
and shall have the burden of proof
pursuant to section 11-163.
c.
When the Community does not choose
to exercise the right to resume the
case as petitioner, the petitioner will
have the burden of proof through the
formal hearing stages of the case,
and the case shall be assumed by the
Community prosecutor after removal
of guardian, when there is no other
legal parent or guardian remaining.
The Community prosecutor shall have
a right to be present at all hearings.
If the court determines that cause for
removal of the guardian exists, the court
may remove the guardian, and enter judgment accordingly. In the case of a guard-
§ 10-124
COMMUNITY CODE OF ORDINANCES
ianship of the estate, order the guardian
to file an accounting and to surrender the
estate to the person legally entitled thereto.
When a guardian is deemed removed, the
guardian shall have no legal standing on
the matter and shall not be privileged to
receive any confidential information regarding the minor without the court's
consent.
(6)
terminated and any other person as described in section 10-117 the court orders
to receive the notice.
(5)
After proper notice and a hearing on a
petition for permission to relinquish, the
court may terminate the guardianship
and make any further order that may be
appropriate. If the court grants the relinquishment, and no legal parent is able to
safely resume care, and the court does not
appoint a replacement guardian, pursuant to section 10-122, the child shall be
deemed dependent and a ward of the
court under the legal custody of the Community social services division. The court
shall set an initial hearing within ten
days, pursuant to section 11-163, and serve
the Community prosecutor, child protective services, any parent with legal rights
and the guardian ad litem.
(6)
If, at any time in the proceeding, the court
determines that the interests of the child
are, or may be, inadequately represented,
it may appoint a guardian ad litem or an
attorney/advocate to represent the minor,
giving consideration to the preference of
the minor if the minor is 14 or more years
of age.
If it appears that the minor or the minor's
estate may suffer loss or injury due to
negligent or abusive action by the guardian during the time required for notice
and hearing under this article, the court,
on its own motion or on petition, may do
either or both of the following:
a.
Suspend the powers of the guardian
pending notice and hearing to such
extent as the court deems necessary;
b.
Compel the guardian to surrender
the estate to a custodian designated
by the court.
(b) Relinquishment proceedings.
(1)
A guardian may petition for permission to
relinquish guardianship.
(2)
Any petition to relinquish guardianship
shall identify the reasons for the relinquishment and any proposed legal and
physical custody of the child. When the
court receives a petition to relinquish that
appears on its face to allege that the
guardian is unwilling or unable to provide
appropriate care and supervision for the
child, the court shall make a written referral to child protective services. The
court shall also provide a copy of the
petition to the Community prosecutor and
notice the prosecutor for any hearing.
(3)
A hearing shall be commenced within 60
calendar days of filing of a petition for
relinquishment.
(4)
Notice of a hearing on a petition for an
order subsequent to appointment shall be
given to a child who is at least 14 years of
age, the guardian and the child's parents
if their parental rights have not been
CD10:44
(c) Revocation of guardianship.
(1)
The child, or a parent of the child may file
a petition for the revocation of an order
granting guardianship if there is a significant change of circumstances, including:
a.
The child's parent is able and willing
to properly care for the child and the
guardianship appointment did not
arise from a dependency action;
b.
The child's permanent guardian is
unable to properly care for the child
and the parent is able to resume care
of the child; when a case is filed to
revoke a permanent guardianship,
the court shall make a written referral to child protective services within
three business days. The court shall
also provide a copy of the petition to
DOMESTIC RELATIONS
the Community prosecutor and provide notice to the prosecutor for any
hearing;
c.
(2)
The minor child is seeking emancipation.
The court shall appoint a guardian ad
litem for the child in any proceeding for
the revocation of permanent guardianship when the guardianship initiated out
of a dependency action.
(3)
The court may revoke the order granting
guardianship if the party petitioning for
revocation proves a change of circumstances by clear and convincing evidence
and the revocation is in the child's best
interest.
(4)
If it appears that the minor or the minor's
estate may suffer loss or injury due to
negligent or abusive action by the guardian during the time required for notice
and hearing under this article, the court,
on its own motion or on petition, may do
either or both of the following:
a.
Suspend the powers of the guardian
pending notice and hearing to such
extent as the court deems necessary;
b.
Compel the guardian to surrender
the estate to a custodian designated
by the court.
(5)
§ 10-151
Resignation of a guardian does not terminate the
guardianship until it has been approved by the
court.
(Code 1976, § 3.28; Code 1981, § 10-62; Code 2012,
§ 10-62; Ord. No. SRO-383-2011, § 10-62, 8-102011; Ord. No. SRO-402-2012, § 10-62, 5-30-2012)
Sec. 10-126. Delegation of powers by parent
or legally appointed guardian.
(a) A parent or a legally appointed guardian of
a minor, by a properly executed power of attorney,
may delegate to another person, for a period not
exceeding six months, any powers he or she may
have regarding care, custody or property of the
minor child or child, except power to consent to
marriage or adoption of the minor. A properly
executed power of attorney is one that was signed
by the parent or legally appointed guardian and
their signature was notarized and a noninterested
witnessed by at least one individual who has also
signed verifying authenticity of the document.
(b) Military member power of attorney; definition.
(1)
A military member who is a parent or
guardian of a minor child may delegate to
another person, for a period not to exceed
one year, any powers the parent or guardian have regarding care, custody or property of the minor child, except the power
to consent to marriage or adoption of the
minor child.
A petition for revocation of guardianship
shall not be filed if grounds for removal of
a guardian exist pursuant to subsection
(a)(3) of this section.
(Code 1976, § 3.26; Code 1981, § 10-61; Code 2012,
§ 10-61; Ord. No. SRO-383-2011, § 10-61, 8-102011; Ord. No. SRO-402-2012, § 10-61, 5-30-2012)
For the purposes of this section, the term
"military member" means an active duty
member of the armed services, or a member of the reserve or National Guard.
(Code 1976, § 3.29; Code 1981, § 10-63; Code 2012,
§ 10-63; Ord. No. SRO-383-2011, § 10-63, 8-102011; Ord. No. SRO-402-2012, § 10-63, 5-30-2012)
Sec. 10-125. Termination of powers of guardians appointed by court.
Secs. 10-127—10-150. Reserved.
A guardian's authority and responsibility terminates on the death, relinquishment or removal
of the guardian or on the minor's death, adoption,
marriage, emancipation or attainment of majority. Termination does not affect the guardian's
liability for prior acts or the guardian's obligation
to account for the child's monies and assets.
Supp. No. 1
(2)
DIVISION 3. GUARDIANS FOR
INCOMPETENT ADULTS
Sec. 10-151. Guardians of incompetent members.
When it is represented to the court, by verified
petition of any relative or friend, that any mem-
CD10:45
§ 10-151
COMMUNITY CODE OF ORDINANCES
ber of the Community is from any cause mentally
incompetent to manag
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