1. Forms – Child Protection
Rick A. Garcia, Esquire
Director – AVCP Tribal Justice

2. Emergency Custody Petition & Order
Emergency Custody Petitions/Orders (ex parte)
Emergency custody petitions are used when someone is requesting the Tribal Court hear a child custody case on an expedited basis to ensure the best interests of the child are met
Emergency custody orders are short-term orders given for a short- period of time (up to 20 days).
Emergency custody require notice to all parties involved (parents, guardians, relatives) and due process considerations must be protected
However, if an emergency protective order is granted, a hearing that provides all parties due process and an opportunity to be heard must be held prior to the entry of a long-term or permanent order of protection
Emergency Custody Petition & Order

3. Emergency Custody Petition & Order
Who can file an emergency custody petition?
1. Parents
2. Relatives
3. Others?
Emergency Custody Petition & Order

4. Emergency Custody Petition
Who can file an emergency custody petition?
1. Parents
2. Relatives
3. Others?
Emergency Custody Petition

5. Emergency Custody Petition

6. Emergency Custody Petition

7. Emergency Custody Order
* An emergency custody order should be granted for a short-period of time to ensure the safety and best interests of the child.
* Generally, if an emergency custody order is granted, a long-term hearing on the matter must be scheduled
Emergency Custody Order

8. Emergency Custody Order
* An emergency custody order should be granted for a short-period of time to ensure the safety and best interests of the child.
* Generally, if an emergency custody order is granted, a long-term hearing on the matter must be scheduled
Emergency Custody Order

9. Emergency Custody Order

10. Emergency Custody Order

11. Emergency Custody Order

12. NOTICE OF HEARING Notice of Hearing
Legal document that advises parties of the date, time, and location of a court case hearing.
Notice of hearing should be sent to all parties involved: (1) The Court Clerk, (2) The Plaintiff (petitioner), and (3) The Defendant (respondent)

13. NOTICE OF HEARING Notice of Hearing
How soon should a hearing be scheduled?
We want to ensure that a hearing is scheduled in enough time to give participants time to make accommodations with work, school, and family life

14. NOTICE OF HEARING Notice of Hearing
Generally, 14 calendar days from the date that the Notice of Hearing is mailed is considered “reasonable” time for a hearing.
For example, if a Notice of Hearing is being sent on October 1st, the ideal hearing date would be after October 15th.

15. Notice of Hearing

16. Long Term (Permanent) Guardianship
* A guardianship is when a court orders someone other than the child’s parent to (1) have custody of the child, or (2) manage the child’s property, or (3) both
Long Term (Permanent) Guardianship

17. Long Term (Permanent) Guardianship
Who can file for guardianship?
1. Parents
2. Relatives
3. Others?
4. Anyone with an interest
Long Term (Permanent) Guardianship

18. Guardianship Petition

19. Guardianship Petition

20. Guardianship Petition

21. Long Term (Permanent) Guardianship Order
Considerations:
Special instructions/orders
Include information regarding annual reports
Other important information
Long Term (Permanent) Guardianship Order

22. Guardianship Order

23. Guardianship Order

24. Guardianship Order

25. Guardianship Order

26. CERTIFICATE OF SERVICE
Certificate of Service Certificate of Service is filled out by the Court Clerk when mailing documents to all parties in the case. Certificate of service ALWAYS should accompany notices, orders, or other court documents to prove service was completed

27. CERTIFICATE OF SERVICE

28. STATEMENT OF MAILING
Statement of Mailing Similar to a Certificate of Service Used by the Tribal Court Clerk to record that documents were sent to parties to a case

29. STATEMENT OF MAILING

30. Questions?
Questions?