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Law and Order Code of the Fort McDowell
Yavapai Community, Arizona

Approved by Area Director, Bureau of Indian Affairs
Phoenix Area Office
October 16, 1990

Art. I. In General, §§ 10-1 - 10-10

Art. II. Marriage, Divorce, Annulment, Separate Maintenance, §§ 10-11 - 10-30

Art. III. Adoption, §§ 10-31 - 10-50

Art. IV. Guardianship, §§ 10-51 - 10-70

Div. 1. Generally, §§ 10-51 - 10-70

Div. 2. Guardianships for Incompetents, §§ 10-71 - 10-74

1. Since section 1(m), Article V, amended constitution and bylaws of the Fort McDowell Yavapai Indian Community approved April 19, 1954, provided that all marriages in the future shall be in accordance with 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 the Yavapai 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.
   
   
2. All marriages and divorces of members of the Fort McDowell Yavapai Indian Community shall be recorded within thirty (30) days with the Yavapai Agency and community court.
   

1. Any member of the Fort McDowell Yavapai Indian Community claiming that his or her marriage was validated by section 10-12 may file a petition in the Fort McDowell Yavapai Tribal Court for a judgment declaring that such marriage has been so validated. It 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 5-11 of this Code. If the petitioner's spouse in such alleged marriage in 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 (5) 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.
   
   
2. If the petitioner, having complied with subsection (a) hereof, proves to the satisfaction of the court that he or she and his or her alleged spouse lived together within the Fort McDowell Indian Reservation prior to December 27, 1957, date of approval of Ordinance No. 1, Revised (Law and Order Code), for the Fort McDowell Yavapai Indian 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.
   
   
3. Any judgment of validity of marriage issued by the Fort McDowell Yavapai Tribal Court in accordance with this section may be forwarded to the superintendent of the Yavapai 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.
   
   
4. If a child whose parents are both deceased contends that such parents' marriage was validated by section 10-12, such child may file a petition in the Fort McDowell Yavapai Tribal Court for judgment that such marriage was so validated. If such petitioner proves to the satisfaction of the court that his parents are both deceased and that they lived together within the Fort McDowell Indian Reservation prior to December 27, 1957, date of approval of Ordinance No. 1, Revised (Law and Order Code), for the Fort McDowell Yavapai Indian 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.

1. 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 (6) months.
   
   
2. 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 (3) 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.
   

Sec. 10-15. ANNULMENT OF MARRIAGE.

1. SEPARATE MAINTENANCE.
   
   
   1. GROUNDS. The court may grant or issue a decree of separate maintenance when one spouse wilfully 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 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.
      
      
   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.
      
      
2. DIVORCE. The court shall enter a decree of dissolution of marriage if it finds that the marriage is irretrievably broken.

1. 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 Yavapai 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 of this Code. The procedure for pretrial and trial of cases under this chapter shall be governed by Chapter 5 of this Code.
   
   
2. JUDGMENT. The court shall thereupon make and enter findings of facts and conclusions of law, and issue a signed decree signed by the chief judge, after which the divorce or separate maintenance decree shall become final subject to the provisions of this Code.

1. 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:
      
      
      1. Consent is not necessary from a parent who has been declared incompetent;
         
         
      2. Consent is not necessary from a parent whose parental rights have been judicially terminated;
         
         
      3. Consent is not necessary from a parent who has previously consented that, the child be placed for adoption;
         
         
      4. 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 proceedings.
         
         
   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 any agency which has been given consent to place the child for adoption by the parent or parents whose consent would be necessary under paragraph (1) of this subsection, or which has been given authority in other proceedings to place the child for adoption.
      
      
2. CHILD OF TWELVE. Where the child is twelve (12) years of age or older, the adoption shall not be granted without his 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.
   
   
3. WAIVER OF CONSENT. Notwithstanding the provisions of section 10-36, 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 cases, the court shall make written findings of all facts upon which its order is founded.
   
   
4. MINORITY NO BAR TO COMPETENCE. The minority of the child or parent shall not affect his competency to give consent in the instances set forth in this section.
   

1. WRITTEN; WITNESSED. All consents to adoption shall be in writing and signed by the person giving the consent and witnessed by two (2) or more credible witnesses who are at least eighteen (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.
   
   
2. TIME LIMIT. A consent given before seventy-two (72) hours after the birth of a child is invalid.
   
   
3. 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.
   
   
4. DESIGNATION OF PLACEMENT AGENCY, ADOPTIVE PARENT.
   
   The consent shall designate either of the following:
   
   
   1. The particular person or persons authorized by the party giving the consent to place the child for adoption.
      
      
   2. The particular person or persons authorized to adopt the child by the person giving the consent.
      
   
   
5. 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.
   
   
6. 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.
   

1. 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 support and without any communication from such parent for a period of six (6) 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.
   
   
2. The parent has neglected or willfully abused the child.
   
   
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 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.
   

1. 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 presence at said hearing or who has relinquished his rights to the child shall not be required to appear at the hearing.
   
   
2. 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.

1. Petitions filed under this chapter 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.
   
   
2. 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.
   
   
3. If, after the hearing and consideration of all the evidence, the court is satisfied that the requirements of this chapter 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 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 the Code.
   
   
4. Upon entry of the decree of adoption, the relationship of parent and child and all the legal rights, privileges, duties, obligations, and other legal consequences of the natural relationship of child and parent shall thereafter exist between the adopted person and the adoptive parent the same as though the child were born to the adoptive parent in the lawful wedlock. The adopted child shall be entitled to inherit property from the adoptive parent and the adoptive parent shall be entitled to inherit property from the adoptive child the same as though the child were born to the adoptive parent in lawful wedlock.

1. A guardian is a person appointed to take care of a person or property of another.
   
   
2. Guardians are either:
   
   
   1. General, or
      
      
   2. Special.
      
      A general guardian is a guardian of the person or all property of the ward, or both. A special guardian is any other.
      
      
3. A ward is a person over whom or over whose property a guardian is appointed.

1. A member of the Fort McDowell Yavapai Indian community, of good moral character, residing on the Fort McDowell Yavapai Indian Community.
   
   
2. At least twenty-five (25) years of age.
   
   
3. Qualified to administer the financial and personal affairs of his ward in a satisfactory manner.

1. If the child be legitimate, by the father, with the written consent of the mother, or by either parent, if the other be dead or incapable of consent.
   
   
2. If the child be illegitimate, by the mother.

1. By his removal, as provided in the preceding section.
   
   
2. By the solemnized marriage of the ward.
   
   
3. By the ward attaining majority.

1. By what appears to be for the best interest of the child in respect to its temporal, mental and moral welfare; and if the child is of sufficient age to form an intelligent preference, the court may consider that preference in determining the guardian.
   
   
2. Between the parents adversely claiming the custody of guardianship, neither parent is entitled to it as of right, other things being equal. If the child is less than seven (7) years, it should be given to the mother; if it is of an age to require education and preparation for work or business, then to the father.
   
   
3. When two (2) persons are equally entitled to the custody of a child in other respects, preference is to be as follows:
   
   
   1. To a parent.
      
      
   2. To one who was indicated by the wishes of the deceased parent.
      
      
   3. To one who already stands in the position of a trustee of a fund to be applied to the child's support.
      
      
   4. To a relative.
      

1. To make an inventory of all property of the estate, real or personal, of his ward and that comes to his possession or knowledge, and to return the same within such time as the court may order.
   
   
2. To dispose of and manage the estate according to law and for the best interest of the ward and faithfully to discharge his trust in the relation thereto, and also in relation to the care, custody and education of the ward.
   
   
3. To render an account, on oath, of the property or estate of the ward in his hands and all proceeds or interest derived therefrom and of the management and disposition of same, within three (3) months after his appointment, at least once a year thereafter and at such other times as the court directs; and at the expiration of his trust to settle his account, with the court of the Fort McDowell Yavapai Indian Community, or with the ward, if he is of full age, or his legal representatives, and to pay over and deliver all the property of the estate, moneys and effects remaining in his hands, or due form him on such settlement to the person who is lawfully entitled thereto. Upon filing of the bond, duly approved, letters of guardianship will be issued to the person appointed.

1. For abuse of his trust.
   
   
2. For continued failure to perform his duties.
   
   
3. For incapacity to perform his duties.
   
   
4. For gross immorality.
   
   
5. For removal from the Fort McDowell Yavapai Indian Community without consent of the court.
   
   
6. On being convicted of a felony.
   
   
7. When it is no longer necessary that the ward should be under guardianship.

1. By the order of the Fort McDowell Yavapai Community Court.
   
   
2. If the appointment was made solely because of the ward's minority, by his obtaining majority, or
   
   
3. [In regard to] the guardianship over the person of the ward, by the marriage of the ward.

Sec. 10-75. STATE LAWS APPLICABLE.

The Fort McDowell Yavapai Court shall apply the laws of the State of Arizona, Arizona Revised Statutes § 13-3601 and 13-3602 in regard to domestic violence matters within the boundaries of the Fort McDowell Yavapai Community Reservation and shall have exclusive jurisdiction over all persons involved.


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