How To Obtain Services

I.             REFERRALS BY COURTS, SCHOOLS & AGENCIES

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.

^[1] 9 N.N.C. § 1101(C)

^[2] Pursuant to the Álchíní Bi Beehaz’ áannii Act of 2011.

^[3] 9 N.N.C.  §1101(A)

^[4] 9 N.N.C. §1719

^[5] 9 N.N.C. §1717(B)

^[6] Pursuant to the Álchíní Bi Beehaz’ áannii Act of 2011.

^[7] 9 N.N.C. §1201(C)

^[8] 9 N.N.C. §1201(C)

^[9] 9 N.N.C. §1307(A)(6)(a)

^[10] 17 N.N.C. 1818(C)

^[11] 9 N.N.C.  §1101(D)

^[12] No. SC-CV-66-08, slip op. at 5 (Nav. Sup. Ct. August 1, 2011)

^[13] 9 N.N.C. §1310(B)

^[14] 9 N.N.C. §1101(E)

^[15] 9 N.N.C. §1201(C)

^[16] 9 N.N.C. §1113(F) and 1110(F)

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

III.               PLANNING & PROVIDING SERVICES

This section addresses how the different services are planned and arranged by the Program with naałchidí or participants after a request or referral for services has been made.  It applies to both requests by private individuals and referrals by courts, agencies and schools.

A.          Discussion & Informal Engagement

After the Request for Services Form is submitted, Program staff will sit with a walk-in or referred individual and discuss how the Program can assist in light of individual needs or the needs of the referral.  Program staff may also conduct a life value engagement.  The engagement portion shares knowledge about the traditional processes of the Program services.  Traditional principles are also shared.  This engagement may sometimes be all that is needed to resolve a problem.

B.           Necessary Planning

The below are necessary for all services:

1.         Referral Form.  Courts, agencies and schools must refer matters using the Program’s referral form or their own form provided the necessary information is included.  

2.         Request for Services Form.  The Request for Services form must be filled out by both walk-ins and referred individuals when they come in the first time. 

3.         Consent.  All participation is consensual even when the service is a court-ordered group life value engagement.  A written consent form must be completed prior to active participation.  Services involving children need parental consent.  For older youth, the consent form may need to be signed by both the youth and parent(s) or guardian(s).

1.         Payment or Waiver of Fee.  Any peacemaker service fee, yeel must be paid in advance before services will be arranged.  There are three situations where the full fee need not be paid:

a.         Family Preservation & Reunification.  The Program may have funding to assist in the payment of this fee in indigency cases that concern family preservation and reunification.  Program staff will provide participants with the necessary forms to fill out to see if you qualify for indigency assistance.  Even in indigency, parents should pay what they can because of the traditional emphasis on receiving and giving value.

b.         Some Referred Children’s Cases.  Payment of yeel is normally not required in matters involving children alleged to have violated the Álchíní Bi Beehaz’áannii Act, whether or not charges have been court-filed, subject to availability of funds.

c.          When Program Staff Serve as Peacemakers.  When a Traditional Program Specialist is serving as peacemaker, no fee is required.

2.         Donation for Group Life Value Engagements.  Where the fee is paid in whole or part by the Program in a regularly scheduled Group Engagement, adult participants may still be asked to donate a small amount toward services with the understanding that the predetermined yeel rate seldom fully covers a peacemaker’s actual investment of time, effort and sharing of knowledge.

3.         Participants’ Contact Information.  The most important information for services is correct contact information for participants in the services being given. For example, there are four different types of participants in peacemaking who need to be informed of the scheduled session – the peacemaker, naałchidí, atah naaldeehí, and ha’a sí dí. The Program must have current contact information for all the participants.

4.         Confirming Responsibilities for Sending Out Notice.  Responsibility for informing participants of the service date, time and location must be worked out between the Program and the walk-ins or referred individuals.  The Program needs to be informed whether it needs to send notices out, and if so, to which participants.

C.           Service Arrangements, Generally

1.         Date & Time.  The Program will schedule the services in coordination with the walk-in or referred individual.

2.         Peacemaking Location.  Peacemaking sessions are encouraged to take place in the home environment. Naałchidí may also choose to hold the session elsewhere, including judicial district court hogan, in schools, or chapter houses. The Program accommodates schools who normally prefer that services be provided to students or their families within the school.

3.         Group Engagement Location.  Group engagements will normally be conducted in the Hogan adjacent to the judicial district courthouse, but may be held in schools, chapter houses or elsewhere. 

5.         Selection of the Peacemaker.  The Program will discuss and confirm the selection of the Peacemaker.

6.         Discussions with Selected Peacemaker. Program staff may discuss any special circumstances of the services with the peacemaker before services are provided.

7.         Sending Notice.  The Program will send out notices for the scheduled services to participants.

8.         Clarifications.  In referrals, Program staff are permitted and encouraged to speak separately and informally with the referrer to clarify the services needed.

9.         Sign-in Sheet.  The Program supplies a sign-in sheet that all participants are required to complete for each service session.

10.     Outcome Summaries.  The Program will send outcome summaries to referrers 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.

D.          Special Arrangements for Hózh̨óji Naat’aah (Peacemaking) Sessions

1.         Four Types of Participants.  Unlike all other services, peacemaking has 4 different types of participants-- the Peacemaker, Hózh̨ǫ́ójí Naat’áanii; the troubled decision-makers, naałchidí; atah naaldeehí, who do not make decisions but desire to contribute; and observers, ha’a sí dí.  The roles of each need to be made clear.

2.         Consent.  In peacemaking, this is always more than one person who needs to give consent, because consent from all naałchidí involved in the dispute must be obtained. 

3.         Atah naaldeehí.  Teachers, psychologists, extended family, friends of the family, and others identified as atah naaldeehí may participate as the naałchidí jointly determine is proper.

4.         Ha’a sí dí. The Program may request the naałchidí to allow observers to attend.  Such observers may include apprentice youth peacemakers, judges, and lawyers wishing to learn about the process.  Observers are not allowed to speak or gesture in any way, nor may they discuss the matter with the participants or anyone else due to the confidentiality of such sessions and the requirement that naałchidí decide for themselves.  In no event may judges and lawyers attend such sessions in their official or representative capacities. 

5.         Attendance.  It is up to the naałchidí who has sought services, or who has been referred for services, to make sure that everyone attends.

6.         Non-Attendance. If any naałchidí fails to attend, what is commonly done is the peacemaker is given half the fee, and the remainder is put toward a re-scheduled session for which payment of one-half of the additional fee will be required in advance to be paid to the Program or directly to the peacemaker.  If there are no further sessions and service remains unfinished due to non-attendance of one or more naałchidí, the peacemaker is given any remaining collected fee. 

7.         Engagements.  During peacemaking, the peacemaker may provide individual engagements with naałchidí separately as the situation requires.

8.         Lengthy Sessions.  The predetermined fixed-rate peacemaker fee applies per session regardless of the length of the session.  However, the naałchidí and peacemaker may arrange for additional payments for extra-long sessions, and may make the payment to the Program or to the peacemaker directly.

11.     Multiple Sessions. Yeel, through the Program or to the peacemaker directly, must be paid before further sessions are scheduled by the Program, after which the Program will also send out notices.

12.     Peacemaking Agreement.  If the service delivered is peacemaking, a successful peacemaking will result in an agreement.  The peacemaker is not allowed to write the agreement for you but may assist in making sure your whole understanding is written down.  The peacemaker can write the agreement only if you are unable to write and no family member can help. 

13.     Words are Sacred.  The agreement is a sacred promise.

14.     Distributing the Agreement.  Naałchidí will receive copies of the agreement.  If the peacemaking was done pursuant to a referral, the Program will submit an outcome summary to the referrer and attach a copy of the agreement.  The original is kept in the peacemaking file.  If court-referred, the court may require the original.

15.     Follow up.  The Program may wish to follow up on some matters to see if the agreement is kept, usually in regards to a vulnerable elderly person or small child. 

E.            Special Arrangements for Áłchíní BáNdazhnit’á (Diné Family Group Conferencing)

1.         Differences from Peacemaking.  The same special arrangements as peacemaking apply, however there are some important differences.

2.         Family Plan.  The goal of áłchíní báNdazhnit’á is a plan established by the family themselves that will be monitored and enforced by the responsible agency; such a plan avoids harsher consequences that are beyond the family’s control.

3.         Resource List.  The family is provided a list of resources on which they may draw upon and include in their family plan.  E.g., Program services, alcohol and substance abuse treatment options, use of traditional family probation officers, etc.  

4.         Agency Representative.  Unlike peacemaking, here there is a fifth type of participant, namely the representative of the responsible agency.  This representative will be included in part of the session. 

5.         Concerns.  The Agency Representative will set forth the concerns concerning the individual or family as a whole as part of the discussions.  Otherwise, he or she remains silent and may speak to clarify the discussions or when called upon to speak.

6.         Responsibility of the Agency Representative. The agency representative must be mindful that the naałchidí is on the journey from hóóchx̨o’/anáhóót’i’ to hózh̨̨ó at their own pace and must reach self-realization themselves.  The agency representative must have an understanding of hózh̨óji naat’aah and his or her role in the process and allow the traditional process to naturally proceed.

7.         Private Discussions.  The family may request for private time to discuss a solution, during which the agency representative need not be included.     

8.         Referral Back for Monitoring.  When the Family Plan is achieved, the matter is referred back to the responsible agency for monitoring and enforcement. 

Note:  In juvenile diversion, the referral from the Office of the Prosecutor would be sent forward to Probation Services for monitoring.

F.            Special Arrangements for Nábináhaazláago áłch’į’ yáti’ (Life Value Engagements)

1.         Informal.   A request for an informal engagement may be completed by Program staff in the district Program office, space and resources permitting.

2.         Invitation to Come In Not Always Necessary.  For some referred engagements, participants may not need to come in to the Program office prior to the engagement, but may go directly to the scheduled engagement.  E.g., engagements arranged by schools for their students; referrals to regularly scheduled group engagements.  The Program will plan accordingly.

3.         Theme.  Although not required, the engagement may focus on a subject or theme. The theme may be any subject such as alcohol or substance abuse, fear of the future, unhappiness, hopelessness, gang membership, difficulty in keeping a job, bullying, truancy, or any other chaos.  

4.         Consent.  A written consent form must be completed prior to active participation.  Services involving children need parental consent. For older youth, the consent form may need to be signed by both the youth and parent(s) or guardian(s). 

G.           Special Arrangements for Regularly Scheduled Group Engagements

1.            No Invitations or Notices Sent.  For referrals to group engagements arranged jointly by Probation Services and Program district offices, no invitations to come in or notices will be sent by the Program.  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.

2.            Planning.  The engagements are jointly planned by the Program with Probation Services, with input from courts and agencies.

3.            Unnamed Participants.  Such group engagements are intended specifically to provide juveniles and adults in the justice and peacemaking system theme-specific traditional instruction and assistance.   Participants may be grouped category, gender, age, or issues that need addressing, e.g., alcohol abuse, truancy, bullying, parenting, etc.

4.            Regular Schedule.  Such engagements are normally held on a regular schedule.  The frequency of the engagements is up to the planners and based on judicial district need and Program resources.

5.            Location.  Engagements are normally to be held in the judicial district court Hogan.

6.            Theme.  Each engagement addresses a specific theme worked out in advance by the Program with Probation Services. The theme may be any subject such as alcohol or substance abuse, fear of the future, unhappiness, hopelessness, gang membership, difficulty in keeping a job, bullying, truancy, or any other chaos. 

7.            Publication of the Roster.  There shall be a roster of such engagements posted in the courthouse and given to the Judicial Liaison Officer or designee for immediate posting on the Judicial Branch website. The rosters need to contain the schedules of the engagements and also describe the theme of the engagement and the type of participant the engagement is intended to serve.

8.            Attendance. Participants may be sent to these group engagements by the Court pursuant to court order as part of alternative sentencing or probation; or may be requested to attend by the Program, Probation Services, or the Prosecutor, usually as part of peacemaking agreements, preliminary diversion, and resolving issues that come up in probation supervision. 

9.            Consent.  A written consent form must be completed prior to active participation.  Services involving children need parental consent. For older youth, the consent form may need to be signed by both the youth and parent(s) or guardian(s). Court-ordered attendees will receive a consent form prior to the engagement from 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.

10.        Walk-ins.  Walks-ins may attend provided the subject is appropriate for them and there is room.

11.        Donation.  Adult participants may be asked to donate a small amount toward the peacemaker fee, yeel.   

H.          Special Arrangements For School Referrals

1.            School Counselor.  The Program will accept referrals in disciplinary matters only if sent by the school counselor.

2.            Parents and Students.  Parents and students have the option of coming in to the Program district office themselves without going through the school counselor, and opening a case as private individuals, to address their school-related behavioral issues.

3.            Location.  The location for services if within the school, is to be reserved and confirmed by the school counselor.

4.            Invitations and Notices.  If the students are older and family members are needed to participate, invitations and notices are sent to both the students and their parents, guardians or custodians.

5.            Parental Consents.  Either the school counselor or the Program staff may be responsible to obtain parental consents.

I.             Special Considerations in Restorative Justice

1.            Urgency.  Criminal or delinquency referrals are unique in that the Program is being asked to address urgent situations concerning adults and youth for which families may no longer feel they can control.  The Program will accord urgency to such referrals.

2.            Alternative Sentencing.  In referrals for sentencing recommendations, the Program ensures that the peacemaker and participants understand they may explore community-based alternative sentencing based on nályééh, k’é ná’ásdlįį, k’é níjísdlįį, and k’eedí’nééh, and not merely follow options that are listed on the court’s sentencing options checklist. 

J.             Special Arrangements for Peacemaker Youth Apprentice Mentoring

1.         Heritage.  The Peacemaker Youth Apprentice Mentoring Program passes peacemaker skills to the next generation preferably in a controlled school or organizational environment. 

2.         Selection of Youth.  Youth are selected by their teachers, or may volunteer.  The selected students have leadership qualities and will have shown an interest in traditional teachings, even if they are lacking in knowledge of those teachings

3.         Orientation.  The Program will provide an orientation.

4.         Matching the Youth to a Peacemaker Mentor.  Selected youth are assigned a Peacemaker Mentor and become “youth peacemaker apprentices.”  The peacemaker mentor will have received youth-centered training that may include training from the Department of Diné Language & Culture, Diné Hatathli Association.

5.         Ha’a sí dí.  Apprentices work with, follow and observe mentors as they prepare for and conduct peacemaking sessions until the peacemaker mentor feels that the youth apprentice is ready to conduct hózh̨óji naat’aah themselves among student peers.  Sessions normally are those that take place on school grounds, and participants must give their consent for the youth apprentice to observe. 

6.         Youth-Led Sessions.  After a period of time, the youth will lead his or her own peacemaking session or life value engagement.  The length of the mentoring is on a case-by-case basis.  When a certificate is earned, the youth apprentice is now a Youth Peacemaker.

7.         Yeel.  The peacemaker apprentice may also be paid if they lead a session at a rate of half the normal peacemaker’s predetermined fee.

IV.              SELECTION OF THE PEACEMAKER

         There are three kinds of peacemakers who may be appointed to conduct a peacemaking or life value engagement if the naałchidí agree.  They are:

        Traditional Program Specialists.  “Traditional Program Specialists” are trained in peacemaking and life value engagements.  There is no need to pay yeel, as Traditional Program Specialists are full-time staff of the Program.  Their training also includes multi-cultural and multi-faith approaches and approaches specific to children, and must clear state and federal background checks. 

        Chapter-Certified Peacemakers. The Program maintains a list of community-based peacemakers who are annually certified by their chapters on the basis of their reputation, fairness, and wisdom.  These peacemakers are trained in peacemaking and life value engagements by the Program and are to obtain additional trainings on their own.  Community-based peacemakers are due yeel when they have delivered their service. 

        Peacemakers Selected By Naałchidí.  Naałchidí may themselves select a peacemaker to conduct their sessions.  This peacemaker may be anyone the naałchidí agree will serve on their matter.  Traditionally, an elder of the family or an esteemed relative of the clan would be so chosen.  The Peacemaking Program strongly urges that such an elder be always considered for selection by naałchidí. 

Additional Requirements for Peacemakers in Schools

        Peacemakers providing services in schools will have cleared state and federal background checks and received training in identifying and properly addressing signs of domestic violence and child abuse as well as comprehensive training on truancy, bullying, alcoholism and substance abuse, and in traditional, multi-cultural, western and faith-based approaches to peacemaking and áłchíní báNdazhnit’á (Diné family group conferencing). 

V.          FEE-FOR-SERVICE, Yeel

        This section serves to guide the hózh̨ǫ́ójí naat’áanii on what is needed from them to be paid the peacemaker fee, yeel, and also guide naałchidí on what, if any, yeel may be expected of naałchidí as their responsibility to pay.

        It is a Diné tradition that value should not be received without a return acknowledgement.  Peacemakers, hózh̨ǫ́ójí naat’áanii, are traditional educators in hózh̨óji naat’aah, serving as guides for the journey from hóóchx̨o’/anáhóót’i’ through self-realization to hózh̨̨ó.  It is for this journey that the learned peacemaker is due yeel.  As with ookah which is due to a medicine man for ceremonies, yeel is due to a peacemaker for services given.  Services should not be received free.  Participants in program services are encouraged to pay appropriate yeel for peacemaker services as an acknowledgement of the value being given, and as an exercise of personal or family responsibility.

        On many occasions, yeel is an essential income for community-based peacemakers. The Peacemaking Program uses a fee-for-service plan which balances the income needs of community-based peacemakers with the need to provide beneficial services at an affordable cost.  Fee-for-service simply means that a fee is paid each time peacemaking and life value engagement services are provided.

        Payment of yeel is normally required from adult naałchidí but not naałchidí who are children who are alleged to have violated the Álchíní Bi Beehaz’áannii Act, whether or not charges have been court-filed. Such child-related matters may be referred by agencies, courts and schools.  The Program will also not require yeel from naałchidí who are indigent in cases concerning family preservation or reunification.  When funds are available, the Program will also independently cover travel costs of community-based peacemakers in providing services.   

        However, where the fee is paid in whole or part by the Program, traditional emphasizes the need to give and receive value.  Additionally, adult participants in a regularly scheduled Group Life Value Engagement may still be asked to donate a small amount toward services with the understanding that the predetermined yeel rate seldom fully covers a peacemaker’s actual investment of time, effort and sharing of knowledge.

Predetermined Fee-For-Service Rate

         The Program requires a predetermined fixed amount to be paid for each completed peacemaking or life value engagement session.  The predetermined fixed amount for peacemaking and life value engagements at this time is $80 per session.  The rate for teaching Navajo culture or the Peacemaking Program’s dispute resolution curriculum to children at this time is $20 per hour.  These rates may be periodically adjusted by the Program, and the change will be incorporated into this Plan of Operations.

Collection of Yeel From Naałchidí

1.         Information.  In all instances, the Peacemaking Program will discuss yeel with naałchidí during intake and most times will require adult naałchidí to pay the prevailing yeel fee via money order before services are provided. 

2.         When Due.  Yeel must absolutely be paid before the peacemaker travels to sessions. The Program collects yeel from one naałchidí, who may then seek reimbursement from other adult naałchidí. The yeel would then be paid to the peacemaker by the Program after services are completed and the peacemaker submits an invoice for services delivered.

3.         Money Order. The Program collects the money order from the naałchidí prior to scheduling peacemaking or life value engagements and immediately deposits it with the district court clerk, who issues a receipt to the naałchidí. 

4.         Forfeit.  If any naałchidí fails to come to a peacemaking resulting in the peacemaking unable to proceed, the yeel may be forfeited. The Program has the option of paying half the collected yeel to the peacemaker and applying the remaining half to future sessions after the naałchidí gives the remaining half for the future session to the Program or pays it directly to the peacemaker.

5.         When Yeel Will Not Be Collected.  There are several situations when yeel will not be collected from naałchidí, either because yeel is not needed, or there are alternative means of paying the peacemaker.  Yeel will not be collected from naałchidí when services are provided:

a)      directly by Traditional Program Specialists, who are full time Program staff;

b)      to naałchidí who are children who are alleged to have violated the Álchíní Bi Beehaz’áannii Act, whether or not charges have been court-filed. Such child-related matters may be referred by agencies, courts and schools.  In such cases, yeel will be paid by the Program subject to availability of funds, otherwise the children’s parents, guardians or custodians are responsible for yeel;

c)      to naałchidí who are children in school disciplinary plans, and yeel payments are provided for by school or grant funding and such funding is actually available, otherwise the children’s parents, guardians or custodians are responsible for yeel;

d)     pursuant to court and agency referrals where preservation or reunification of the family is at issue; the adult naałchidí qualify for indigency assistance under the indigency guidelines of the Judicial Branch; and funds are available to cover the yeel; and

e)      for peacemaker mentoring services.

f)       Even when yeel is not collected, the peacemaker may pass the hat around for donations of small amounts from adult participants.

Distributing Yeel to Community-Based Peacemakers

1.      Distribution of Collected Yeel.  After the Program has collected the yeel in advance from naałchidí, the Program will distribute the collected yeel to the peacemaker upon receipt of an invoice stating that services have been completed. 

2.      Payment of Yeel Directly by the Program.  If yeel is not collected from naałchidí due to indigency in family preservation or reunification cases, or if naałchidí are children, or if services are otherwise covered by Navajo Nation or grant funding, the Program will pay the yeel upon receipt of the invoice, subject to availability of funds.

3.      Personal Mileage. Subject to availability of funds, the Program will reimburse travel costs at the Navajo Nation prevailing rate for personal mileage incurred by the peacemaker when providing the service where a round-trip travel for services exceeds 30 miles.

4.      Per Diems.  Subject to availability of funds, the Program will pay per diems at the Navajo Nation prevailing rate only for services provided to naałchidí who are children in schools, where services are pursuant to grant funding and the round-trip for services exceeds 40 miles.

5.      Submission of Invoice with Attendance Sheet.  The submitted invoice must contain information concerning the date, time, location, case number, and the type of services provided and must also attach the original attendance sheet for the peacemaking or life value engagement.

6.      Background Checks.  Peacemakers working in schools with naałchidí who are children must complete state and federal background checks prior to providing services.  If a peacemaker is unable to afford these background checks, they may submit a written request to the Program explaining the situation and asking that the background check be paid for them. 

7.      Trainings.  Peacemakers are expected to maintain their traditional teaching trainings that may include trainings through the Program or Hatathli Association, Diné College, the Indian Health Service Meth Program, Justin Jones, LLC, and so forth.  Those working with naałchidí who are children should independently seek non-traditional trainings through Behavioral Health, the Indian Health Service, or Social Services in areas of domestic and substance abuse.

8.      Unfinished Sessions.  Unfinished sessions occur when naałchidí do not show up, or walk out of sessions. If any naałchidí fails to come to a peacemaking resulting in the peacemaking unable to proceed, the yeel may be forfeited. The Program has the option of paying half the collected yeel to the peacemaker and applying the remaining half to future sessions after the naałchidí gives the remaining half for the future session to the Program or pays it directly to the peacemaker. Additionally, the peacemaker may offer to guide a future session with further payment in cash or in kind, it is up to the peacemaker and naałchidí to decide. 

9.      Lengthy Sessions.  If the peacemaker must put in time and effort greater than normal for a lengthy session, the peacemaker may be paid an additional fee in cash or kind beyond the set fee as the peacemaker and naałchidí may agree.  Payment may also be traditional in-kind payments or a combination of money and in-kind payments, e.g.,  a necklace plus $40.00, or a wedding basket, Pendleton robe, shawl, etc. Often, the naałchidí may “pass the hat around.”  The Program will not participate in these discussions.

10.  Multiple Sessions.  Yeel, whether through the Program or to the peacemaker directly, must be paid before further sessions are scheduled by the Program, after which the Program will also send out notices.  The set fee applies unless naałchidí and peacemaker have reached other arrangements.

11.  Reports.  Peacemakers who have been paid directly by the Program out of Navajo Nation or external funds are required to provide summary reports to the Program on a quarterly basis.  These summaries are needed to report on the status of the funded program to the funders and to aid in the Program’s further development.

12.  As-Needed Basis.  Community-based peacemakers who participate in the Program’s fee-for-service plan are not contracted for any set amount of sessions, and are used on an as-needed basis as naałchidís may agree.