Article III. Jurisdiction and Case Transfers
10.10.040 Tribal Court jurisdiction.
(A) The Children’s Division of the Tribal Court shall have jurisdiction over children, their parents, guardians, legal custodians and Indian custodians and all necessary members of the household involved in any child custody proceeding governed by this Code. Unless the Tribal Court discharges the child, the Court, for cause shown, may reopen the case at any time and take such action with respect to a child, as it deems appropriate.
(B) The Tribal Court shall have jurisdiction over children and youth in need of care, which includes any unmarried child under the age of eighteen (18) years, or an eligible youth aged eighteen (18) to twenty-one (21) who has exhibited a pattern of behavior that poses a serious risk of harm to himself, herself or others, or whose parent, guardian, legal custodian, or Indian custodian has:
(1) Abandoned him or her;
(2) Subjected him or her to mistreatment or abuse, whether physical, emotional or sexual;
(3) Failed to protect him or her from such mistreatment or abuse; or
(4) Failed or refused to provide proper or necessary subsistence, medical care, shelter, a safe environment, or any other necessary care for his or her health, guidance, or well-being.
(C) The Tribal Court shall have jurisdiction in child custody proceedings concerning any child of a member of the Tribe who may be properly brought before the Court.
(D) The Tribal Court shall have jurisdiction in proceedings concerning any Indian child of another tribe, so long as the governing body or other duly authorized entity of such tribe has validly consented in writing to the Tribal Court’s exercise of jurisdiction, such consent has been filed with the Tribal Court, and jurisdiction is accepted.
(E) The jurisdiction of the Tribal Court shall be civil in nature and shall include the right to issue all orders necessary to ensure the safety of children that come before the Court as well as those who have been declared to be subject to the jurisdiction of the Tribal Court. The Tribal Court shall also have the power to impose fines, issue and enforce subpoenas, and issue and enforce stay away, contempt, protection, and detention orders and any other orders as appropriate.
(F) Concurrent Jurisdiction. The jurisdiction invoked by this Code over any person, cause of action, or subject may be concurrent with any valid jurisdiction over the same of the courts of the United States, any Indian tribe, any state, or any political subdivision thereof. In the event of concurrent jurisdiction controversies, the Tribal Court shall compel and hear sufficient evidence and legal arguments to make a prompt jurisdictional determination for each such controversy.
(G) The Tribal Court may decline to exercise its jurisdiction if it finds any of the following exist:
(1) Another court has the jurisdiction to hear the case and it would be more convenient for the parties than the Tribal Court;
(2) One (1) or more of the parties objects to the jurisdiction and is not a person over whom the Tribal Court may properly exercise its jurisdiction; or
(3) The case is of such a nature that the Tribal Court declines to hear it. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § (3)(A), 4/30/2009.]