1.            Referrals by Fax, Email, Mail & By Hand.  The Program will accept referrals from Courts, agencies and schools via fax, email, mail or hand-delivery.  The Program’s Referral Form should be used, which is available on our website, but other forms will also be accepted so long as they contain the necessary information., namely:

a.      Name(s) and contact information for the individual(s) in need of Program services, or information of parents or guardians if services involve children;

b.      What services are being requested;

c.       A summary of the problem in sufficient detail for the Program to provide services; and

d.      Name and contact information for the walk-in or the court or agency staff making the referral.

2.            Judicial District.  Referrals should be made to the district Program office located in the judicial district in which the court, agency, or participants are located or reside.

3.            Special Circumstances:  Long-Term Program Involvement.  Services that require long-term Program involvement will further require a Memorandum of Agreement.  E.g. teaching the traditional dispute resolution curriculum; enrollment in the Peacemaker Youth Apprentice Mentoring Program.

4.            Invitations for Participants to Come In To the District Program Office.  Upon receipt of a referral, Program staff will contact the person in need of services, informing them of the referral and inviting them to come in for intake, discussion, and planning for services (unless the service is a regularly-scheduled group life value engagement. For children, invitations are sent to their parents, guardians or custodians.  For older youth, invitations are also sent to the youth.

Note:  No invitations will be sent for Regularly Scheduled Group Life Value Engagements.  No invitation will be sent if the referral is for a regularly-scheduled group engagement.  In such referrals, it is up to the referrer to find the schedule of group engagements for their judicial district and inform the individual(s) being referred which group engagement they are to attend.  The individuals would sign in to the engagement when they attend, and the Program will confirm the attendance to the referring court, school or agency.

5.            Further Contact and Home Visits If Unresponsive.  If there is no response from the participants, the Program has the option of doing further contact, including a home visit.  If there are safety issues, the Program may do the home visit with Probation Services or agency staff.

6.            30-Day Closure for Unresponsiveness.  The Program will inform the referring court or agency and close the matter if there is complete unresponsiveness after 30 days despite diligent efforts at contact. 

7.            When Participants Respond.  When participants contact the Program office after receiving the invitation, Program staff will do intake and engage services directly with them, including payment or waivers of peacemaker fees and plan further services if needed.  Referrers in some services, such as áłchíní báNdazhnit’á (Diné family group conferencing), may be included in sessions at their request.

8.            Submitting Outcome Summary.   The Program will submit an outcome summary to the referrer prior to closing a case to inform the referrer of the outcome i.e. unresponsive, hózh̨ó restored with or without an agreement, or hózh̨ó not restored.  In peacemakings, the Program will attach a copy of any agreement to this outcome summary.  The original is kept in the peacemaking file.  For court referrals, the court may require the original.

9.            Follow up.  Referrals are not normally followed up by the Program.  If the Program wishes to follow up, it will first inform the referrer.  Some matters the Program may wish to follow up are usually in regards to an elder, vulnerable adult or small child. 

10.        Matters Accepted For Referral.  Below are matters that the Program will accept for referral, arranged by referrer-type.  The list is not exhaustive.  The Program may accept additional matters as laws develop and change, or as the circumstances require.

a.      Division of Social Services

The Division of Social Services may refer the following matters to the Program for all Program services:

·         Family Disputes & Neglect.  Pursuant to the Álchíní Bi Beehaz’áannii Act, the Division of Social Services may refer all matters involving family disputes or neglect where the child has not been removed[1] and where a dependency court petition has not yet been filed.[2] The goal is to ensure families re-assume primary responsibility, t’ááhó ájít’éigo, in regard to children’s safety and well-being to eliminate the need for Court intervention.[3] 

·         Parentage & Support Issues.  Pursuant to the Navajo Nation Child Support Enforcement Act,[4] the Division may request the assistance of the Program in resolving parentage and child support issues. Agreements reached that are filed with the Division are legally enforceable by the courts.[5]

·         Group Life Value Engagements. The Program will accept participants required to attend regularly scheduled group life value engagements as a condition of family preservation or reunification.

b.      Office of the Prosecutor

Pursuant to the Álchíní Bi Beehaz’áannii Act, the Prosecutor may refer the following matters to the Program for all Program services:

·         CHINS.   All matters involving family disputes or neglect where the child has not been removed and where a CHINS petition has not yet been filed.[6] The goal is to address the needs of the child and to determine what is in the child’s best interest including family involvement.[7]

·         Delinquency Diversion.  The Prosecutor may further refer any matter involving juveniles for whom delinquency petitions are not yet filed.  The referral would be part of a diversion program to be monitored by Probation Services.[8]  The goal is to address the underlying problem.[9] 

·         Group Life Value Engagements.  Additionally, the Program will accept prosecutor referrals of both adults and juveniles to regularly scheduled group life value engagements as a condition of a plea bargain or diversion.

c.       Probation Services

Probation Services and the Program may join to promote the rehabilitation of offenders and serve the interest of victims.[10]  Services may include:

·         Probationers & Detainees. Probation Services Officers and Case Management Officers may refer any service to adults and juveniles under supervision, in detention or in community-based alternatives to detention.

·         Delinquency Diversion.  Juveniles under diversion supervision may be referred to any Program service.

·         Reentry & Rehabilitation. The gamut of Program services are available to be used by Probation Services for any matter that may ensure that adults and juveniles released from detention or on probation have community support.  This may include services to address family disputes.

·         Group Lie Value Engagements.   Probation Services and the Program jointly plan regularly scheduled group life value engagements to which probationers and supervisees may be asked to attend as part of a court-ordered probation or parole condition.

d.      Schools

Schools may refer the following matters to the Program for all Program services

·         Disciplinary & Family Issues.  Schools may request Program services for any disciplinary matter or problem involving students and other students or their families through their school counselor in which the Program may assist to resolve and avoid the need for court filings.  These may include peacemaking, áłchíní báNdazhnit’á (Diné family group conferencing), and life value engagements.

·         Youth Peacemaker Apprentices.  Schools may enroll interested youth in the peacemaker youth apprentice mentoring program.

·         Education. Schools may request educational services that include presentations, teaching the traditional curriculum, life value engagements, and youth apprentice peacemaking mentoring.  Services that require a commitment of more than a few sessions will require a Memorandum of Understanding is entered between the school and the Peacemaking Program.

·         Group Life Value Engagements.  Schools may work with the Program to arrange regularly scheduled group life value engagements for students under any theme.

e.      Other Agencies & Professionals

Professionals and other agencies may specifically refer family disputes or neglect for services.[11]  However, the Program will consider referrals also on other matters

f.       Court Referrals

The Program accepts court referrals for services in any matter pursuant to both statutory and common law authorities. 

• Any Pre-Trial Matter. In Manning v. Abeita,[12] the Supreme Court emphasized that judges have a duty to use Diné methods of dispute resolution whenever permissible during pre-trial, during which any matter may be referred to peacemaking. 

• Nályééh & Alternative Sentencing.  Under Title 17 of the Navajo Nation Code, services in criminal cases may include determining nályééh and recommending alternative sentencings. 

• Group Life Value Engagements.  The Program will accept court-ordered participants to regularly scheduled group life value engagements.  Attendees will be given a consent form prior to the engagement by the Program or Probation Services to be completed and handed in when they attend.  Court-ordered attendees who do not sign a consent form may not actively participate during such engagements but may attend and will benefit from the sharing of traditional principles.

• Domestic Violence. Pursuant to the Domestic Abuse Protection Act, 9 N.N.C. §1652, courts victims have the peacemaking option.

• Elders.  Pursuant to the Elder Protection Act, the court may refer a matter to peacemaking when it determines that an Elder Protection Order should be issued in order to resolve conflicts between the elder and the elder's family and/or caregiver(s) using traditional methods.

• Delinquency. The Álchíní Bi Beehaz’áannii Act provides that peacemaking is a “basic legal right” in delinquency matters.[13] 

• Dependency & CHINS.  The Álchíní Bi Beehaz’áannii Act provides that Courts may refer cases to the Program at any time in dependency[14] and CHINS[15] cases whether or not a child has been removed.

• Family Preservation & Reunification.  As early as at a preliminary hearing, cases may be referred by courts to facilitate reunification as part of reasonable efforts to preserve the family.[16] 

• Validation of Marriage. Pursuant to 9 N.N.C. §9, courts may refer validity of marriage matters to peacemaking for a determination.

• Vulnerable Adults: Pursuant to the “Doris Act” or Vulnerable Adult Protection Act at Title 9, the Program accepts court referrals of cases involving abuse, neglect or exploitation of elders and other vulnerable adults  in order to resolve conflicts among the parties and their families, caregivers and others using traditional methods.