II.              REQUESTS FOR SERVICES BY PRIVATE INDIVIDUALS

 

1.            Requests Accepted in Person Only.  The Program will only accept requests for services from private individuals in person on a walk-in basis.  Individuals will speak directly with Program staff after filling out the required Request for Services Form.

2.            Judicial District.  Requests should be made in person to the district Program office located in the judicial district in which the individual resides.

3.            Limitations on Peacemaking Services.  Individuals may request Program services for any matter so long as it is consensual by all naałchidí or participants.  However, some matters may be directly requested while other matters will need to be court-referred.  Below are the limitations:

a.      Matters That Require Court Orders Must First be Filed in Court.  Because present law requires problems such as divorces, guardianships, probates, and applications for restraining orders to be resolved via court order, such matters must first be initiated in court before being referred to peacemaking for some of all of the case.  However, the Program will not turn away individuals intending to pursue such orders.  A Request for Services Form may still be filled out, and Program staff will still discuss the problem in the context of Program services if you wish.  Even if the final intent is a court order, the Program may engage individuals to see if an issue such as divorce may be resolved without a court order with the aim of preserving the family.

b.      Requests for Non-Peacemaking Services When a Court Case is Pending.  Even after a court case is filed, Program services that do not include peacemaking may still be provided without a court referral.  Such services may include an engagement to help an individual or family group clarify their thoughts.  Program staff may not give legal advice on the pending matter.

c.       Custody & Support Agreements.  Custody and support agreements do not always need a court order[1] and, therefore may be initiated directly with the Program in order to obtain the assistance of a peacemaker.  However, if the goal is a court order, it must be first filed in court.  Note that in order to be enforceable, any support agreement must not contain amounts lower than permitted by the Child Support Guidelines, and must later be filed with either the Division of Social Services or the Office of Hearings and Appeals, if not with the court, in order to be enforced.

d.      Domestic Abuse. At this time, domestic abuse matters must first be filed in court.  Present court rules require domestic abuse matters to first be filed in court pursuant to the Domestic Violence Abuse Act, however the Supreme Court may at some point allocate authority to the Navajo Peacemaker Court to address such cases directly.[2] 

4.            Request for Services Form.  You will first be asked to fill out a Request for Services Form, The form asks for the following information:

a.      Contact information;

b.      Census #;

c.       Clan information;

d.      What services are being requested;

e.       Summary of the problem in sufficient detail for the Program to provide services;

f.        If services involve peacemaking, contact information for other naałchidí who are involved in the dispute; and

g.      Parental information if services involve children.

5.            Fee & More Information.  If after discussion and engagement, Program staff determines that services may be given, you will need to provide a money order for any required peacemaker service fee before services can be provided.   Additional information, including contact information for all participants who will be receiving Program services, will also need to be completed before services may begin.  If information is not complete, you will be given a blank form to fill in this information.  When the form and any required fee is brought back, services will be planned and arranged.




[1] 9 N.N.C. § 1716

[2] 9 N.N.C. § 1652