Separate Communications
The Peacemaker and/or
Traditional Program Specialist may meet and communicate
separately with naałchidí
and atah naaldeehí
before and during the peacemaking.
Individual life value
engagements are very beneficial in conveying knowledge about
hózh̨óji
naat’aah
in order to facilitate a resolution
when peacemaking takes place.
Confidentiality
In order to promote candid
discussion, the privacy of participants in
hózh̨óji
naat’aah
and life value engagements is
protected.
Participants’ contacts with
the Peacemaker, Traditional Program Specialist and other program
staff are confidential except where child abuse or neglect is
reported and some action needs to be taken.
Confidentiality does not apply
in these cases.
Not unlike information
discussed in mediations, no aspect of
hózh̨óji
naat’aah
or life value engagement may be introduced or relied on in any
legal, administrative or other proceedings, including but not
limited to:
1.
Views spoken;
2.
Admissions made;
3.
Responses made;
4.
Emotions expressed;
5.
Disclosure of any sensitive information;
6.
Willingness or unwillingness to reach an agreement.
Confidentiality does not
extend to the signed peacemaking agreement in
hózh̨óji
naat’aah.
The
naałchidí and
atah naaldeehí may be
required by a court or agency to explain the meaning of the
agreement’s terms.
VII.
DUTY TO REPORT NEGLECT & ABUSE
As with any agency, Program staff have a duty to immediately
report abuse and neglect of children, vulnerable adults and
elders to appropriate agencies and law enforcement that have not
previously been reported.
Meanwhile an impacted family who asks
the Program to help them address familial problems generally and
restore hózh̨ó
by their own initiative may be
provided such services. Services may continue to be provided to
the family so long as a protection proceeding has not commenced
or the responsible protection agency has not requested
otherwise.
If services have been stopped,
they may later be given upon referral of the responsible agency
or, if proceedings have begun, upon court referral.
VIII.
COMPLAINTS/GRIEVANCES
1.
Voluntary Participation.
Participation in peacemaking and
other Program services is entirely voluntary.
The
yeel provided to
community-based peacemakers is a traditional practice to show
appreciation for getting help, and not to be regarded as hiring
a person.
By signing the consent form,
participants acknowledge that they will not seek any
compensatory-type damages from Program staff and peacemakers who
are acting within their duties as peacemakers, from whom they
are receiving help.
2.
Basis of Grievance.
At the outset, it should be
made clear to participants that the role of the peacemaker in
traditional hózh̨óji
naat’aah
is not to act as a neutral and disengaged mediator.
In both
hózh̨óji
naat’aah
and life value engagement,
the peacemaker is dynamically engaged, and may well scold,
cajole, persuade, plead and educate through stories toward
readiness to open up, listen, share, and confront
hóóchx̨o’/anáhóót’i’.
This shall not be the basis of
a grievance.
3.
Speak with Program Coordinator For Informal Resolution within 5 Working Days.
A participant wishing to
complain about a peacemaker or Program staff is directed to
speak with the Peacemaking Program Coordinator. The Coordinator
may informally address the verbal complaint with the participant
and the person about whom the complaint is made within the next
five (5) working days.
4.
Submit Written Complaint Within 10 Working Days After Contacting
Program Coordinator.
If no informal resolution can be reached within five (5) working
days of the verbal complaint, the complaint can be submitted
more formally in writing to the Peacemaking Program Coordinator
within ten (10) working days of the verbal report having been
made. The written complaint or grievance should include a
description of the incident, date, time, and persons involved in
the complaint.
5.
Response within 10 Working Days.
After receiving the grievance, the Peacemaking Program
Coordinator shall then respond within ten (10) working days of
the date that the grievance was signed and submitted.
6.
Submit Written Letter to Chief Justice.
If the grievant is not
satisfied with the outcome of discussion or response from the
Peacemaking Program Coordinator, he or she is directed to submit
a written letter to the next higher level of administration,
which is the Chief Justice.
9 N.N.C.
§§1117(A), 1807, and 1905.
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