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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 3. Child and Family Protection
3-3. Transfer of Jurisdiction

LLOjibwe JCT3 CFC § 3-3
3-3. Transfer of Jurisdiction

A. Application of the Indian Child Welfare Act

The Court may apply the policies of the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963, where they do not conflict with the provisions of this Code. The procedures for state courts in the Indian Child Welfare Act shall not be binding upon the Court unless specifically provided for in the code.

B. Transfer to State Court or Other Tribal Court

In any proceeding before the Court, the Court may transfer the proceedings to an appropriate state court or another tribal court where the state or the Indian tribal have a significant interest in the child and the transfer would be in the best interest of the child.

C. Transfer from Other Courts

The Court may accept or decline, under the procedures set forth in this Code, transfers of child welfare cases from other federal, state or tribal courts.

D. Procedures for Transfer from State Court

1. Receipt of Notice: The tribal agent for service notice of state court child custody proceedings, as defined by the Indian Child Welfare Act, shall be the social service department of the Leech Lake Band.

2. Investigation and Pre-Transfer Report: The Band social services department shall conduct an investigation and file a written report with the Court within five (5) days of receipt of notice.

3. Recommendations for Transfer or Intervention: The social services department shall make written recommendations to the Band prosecutor on whether or not the tribe should petition for transfer from or intervene in state court proceedings.

4. Petition for Transfer: A petition for transfer shall be filed by the Band prosecutor within ten (10) days of receipt of recommendations from the social services department.

5. Intervention in State Court Proceedings:

a. The Band may intervene in state court child custody proceedings, as defined by the Indian Child Welfare Act, at any point in the proceedings, and;

b. The Band prosecutor or selected representatives shall file a motion to intervene within ten (10) days of receipt of recommendations from social services.

6. Acceptance of transfer: The Tribal Court will not accept a transfer from state court unless:

a. a parent or Indian custodian's petition to state court for transfer is granted, or;

b. the Band prosecutor recommends acceptance, and;

c. the Band's petition to state court for transfer is granted, and;

d. the Band social services department's pre-transfer report recommends the acceptance of transfer.

7. Hearing(s): Upon receipt of transfer jurisdiction from state court, the Band prosecutor shall file a child/family protection petition, and appropriate hearing(s) shall be held in accordance with this Code.

E. Full Faith and Credit; Conflict of Laws

1. State Court Orders: Child custody orders of any state involving children over whom the Tribal Court could take jurisdiction may be recognized by the Tribal Court only after a full independent review of such state proceedings has determined:

a. the state court had jurisdiction over the child; and;

b. the provisions of the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963, were properly followed, and;

c. the state court proceedings do not violate the public policies, customs, or common law of the Band, and;

d. the requirements of Rule 60, L.L.R.P. are otherwise met.

2. Court Orders of Other Tribal Courts: Orders of other tribal courts involving children over whom the Court could take jurisdiction shall be recognized after the Court has determined:

a. that the other tribal court exercised proper subject matter and personal jurisdiction over the parties, and

b. due process was accorded to all interested parties participating in the other tribal court proceedings, and

c. the requirements of Rule 60, L.L.R.P. are otherwise met.

3. Band interest: Because of the vital interest of the Band in its children and those children who may become members of the tribe, the statutes, regulations, public policies, customs and common law of the tribe shall control in any proceeding involving a child who is eligible for or a member of the Band.

Resolution No. 03-62, presented and acted upon on December 23, 2002.

Leech Lake Ojibwe Jud. Code, T. 3, Child & Fam. Protect. Code § 3-3, LLOjibwe JCT3 CFC § 3-3

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