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Cheyenne River Sioux Tribe - Tribal Code: Table of Contents

Received: April 2012

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Table of Contents - Law and Order Code - 1978 Revision


Title I. General Provisions Chapter I. Preliminary Provisions Sec. 1-1-1 Constitutional Authority 1-1-2 Name of Code 1-1-3 Prior Inconsistent Ordinances Repealed 1-1-4 Amendment of Law and Order Code Chapter II. Establishment of Courts; Judges and Other Court Personnel Sec. 1-2-1 Courts Established 1-2-2 Judges 1-2-3 Removal of Judges 1-2-4 Powers and Duties of Judges 1-2-5 Disqualification of Judges 1-2-6 Oath of Office of Judges 1-2-7 Clerk of Courts 1-2-8 Duties of Clerk 1-2-9 Oath of Clerks 1-2-10 Court Administrator 1-2-11 Probation and Parole Officers 1-2-12 Bonding of Court Personnel Chapter III. Contempts Sec. 1-3-1 Acts or Failures to Act Which Constitute Contempt of Court 1-3-2 Civil Contempt 1-3-3 Criminal Contempt 1-3-4 Contempt Procedure Chapter IV. Jurisdiction Sec. 1-4-1 Jurisdiction - Tribal Policy 1-4-2 Territorial Jurisdiction 1-4-3 Personal Jurisdiction 1-4-4 Jurisdiction Over Property 1-4-5 General Subject Matter Jurisdiction; Limitations 1-4-6 Concurrent Jurisdiction 1-5-6 Exclusive Original Jurisdiction Chapter V. Counselors and Professional Attorneys Sec. 1-5-1 Lay Counsel 1-5-2 Right to be Represented by a Professional Attorney 1-5-3 Eligibility for Admission 1-5-4 Procedure for Admission 1-5-5 Disbarment and Discipline 1-5-6 Standards of Conduct and Obligations for Attorneys and Lay  Counsel 1-5-7 Oath of Attorneys and Counselors 1-5-8 Non-Resident Attorneys Chapter VI. Jurors Sec. 1-6-1 Eligibility for Jury Duty 1-6-2 Jury List 1-6-3 Jury Trials 1-6-4 Power to Excuse Jurors 1-6-5 Compensation of Jurors Chapter VII. Subpoenas and Service of Other Papers Sec. 1-7-1 Issuance of Subpoenas 1-7-2 Service of Subpoenas; Return of Service Chapter VIII.General Provisions Sec. 1-8-1 Signature Defined 1-8-2 Records of Court Open to Public Inspection; Exceptions 1-8-3 Adoption by Reference not a Waiver of Sovereign Power of the Cheyenne River Sioux Tribe 1-8-4 Sovereign Immunity 1-8-5 Actions by or Against Tribe or its Officers or Employees 1-8-6 Limitations in Civil Actions 1-8-7 Principles of Construction 1-8-8 Definitions

Title II. Cheyenne River Sioux Tribal Rules of Criminal Procedure I. Scope, Purpose and Construction Rule: 1. Scope Purpose and Construction II. Preliminary Provisions Rule: 2. Prosecution of Offenses 3. Rights of Defendant 4. Statute of Limitations 5. The Complaint 6. Arrest - Warrant or Summons 7. Arraignment 8. Commitments 9. Joinder of Offenses and of Defendants 10. Pleas 11. Pleadings and Motions Before Trial; Defenses and Objections 12. Trial Together of Charges 13. Discovery and Inspection 14. Subpoena III. Trial Rule: 15. Trial by Jury or By the Court 16. Trial Jurors 17. Judge Disability 18. Evidence19. Expert Witnesses and Interpreters 20. Motion for Judgment of Acquittal 21. Instructions 22. Verdict IV. Judgment Rule: 23. Judgment and Sentencing 24. New Trial 25. Arrest of Judgment 26. Correction or Reduction of Sentence 27. Clerical Mistakes V. Appeal Rule: 28. Right to Appeal; How taken 29. Stay of Judgment and Relief Pending Review 30. Appellate Court Review of Appeal 31. Search and Seizure 32. Arrest 33. Extradition 34. Bail; Release from Custody 35. Time Computations 36. Motions 37. Dismissal 38. Service and Filing of Papers 39. Calendars 40. Exceptions Unnecessary 41. Harmless Error and Plain Error 42. Regulation of Conduct in the Courtroom 43. Records 44. Rules of Court 45. Forms 46. Citation

Title III. Cheyenne River Sioux Tribal Criminal Code I. General Provisions A. Introductory Provisions Sec. 3-1-1 Name and Citation 3-1-2 Effective Date 3-1-3 Purpose and Construction 3-1-4 Exclusiveness of Offenses 3-1-5 Civil Liability Unaffected 3-1-6 Severability B. Multiple Prosecutions and Double Jeopardy Sec. 3-1-7 Prosecutions for Multiple Offenses 3-1-8 Limitation 3-1-9 Separate Trials 3-1-10 Included Offenses 3-1-11 Double Jeopardy C. Burden of Proof Sec. 3-1-12 Burden and Presumption of Innocence 3-1-13 Negating Defenses 3-1-14 Presumption of Fact II. Principles of Criminal Responsibility Sec. 3-2-1 Acts and Omissions to Act 3-2-2 Culpability - General Requirements 3-2-3 Causal Relationship Between Conduct and Result 3-2-4 Ignorance or Mistake 3-2-5 Liability for Conduct of Another 3-2-6 Corporation and Unincorporated Associations 3-2-7 Intoxication 3-2-8 Duress 3-2-9 Consent 3-2-10 Entrapment 3-2-11 Mental Disease or Defect 3-2-12 Justification 3-2-13 Force in Defense of Persons 3-2-14 Justification as a Defense; Civil Remedies 3-2-15 Choice of Evils III. Sentences and Punishments A. Classification of Offenses Sec. 3-3-1 Sentencing in General 3-3-2 Designation of Offenses 3-3-3 Class of Offense Not Specified B. Sentencing Sec. 3-3-4 General Principles 3-3-5 Sentences and Combinations of Sentences; Civil Penalties 3-3-6 Maximum Fines and Sentences of Imprisonment 3-3-7 Payment of Fines and Other Monies 3-3-8 Decision to Impose a Fine 3-3-9 Concurrent and Consecutive Sentences 3-3-10 Credit 3-3-11 Reduction of Sentences 3-3-12 Board for the Disposition of Offenders 3-3-13 Sentencing Proceeding C. Suspension of Sentence and Probation Sec. 3-3-14 Suspension of Sentence and Probation 3-3-15 Period of Suspension or Probation; Modification 3-3-16 Violation of Terms of Suspension or Probation 3-3-17 Order Removing Disqualification or Disability Based On Conviction 3-3-18 Final Judgment D. Parole Sec. 3-3-19 Eligibility for Parole 3-3-20 Petition for Parole 3-3-21 Consideration of Parole 3-3-22 Powers over Parole IV. Offenses A. Inchoate Offenses Sec. 3-4-1 Attempt 3-4-2 Criminal Conspiracy 3-4-3 Solicitation B. Offenses Against the Person 1. Assault and Related Offenses Sec. 3-4-4 Simple Assault 3-4-5 Aggravated Assault 3-4-6 Mayhem 3-4-7 Terroristic Threats 2. Criminal Homicide and Related Offenses Sec. 3-4-8 Criminal Homicide 3-4-9 Vehicular Homicide 3-4-10 Causing a Suicide 3-4-11 Aiding or Soliciting a Suicide 3. Kidnapping and Related Offenses Sec. 3-4-12 Kidnapping 3-4-13 False Imprisonment 3-4-14 Custodial Interference 3-4-15 Criminal Coercion 4. Sexual Offenses Sec. 3-4-16 Rape 3-4-17 Indecent Exposure 3-4-18 Provisions Applicable to Sexual Offenses C. Offenses Against Property 1. Property Destruction Sec. 3-4-19 Arson 3-4-20 Reckless Burning 3-4-21 Causing a Catastrophe 3-4-22 Criminal Mischief 2. Burglary and Related Offenses Sec. 3-4-23 Burglary 3-4-24 Burglary of a Vehicle 3-4-25 Aggravated Trespass 3-4-26 Simple Trespass 3. Robbery Sec. 3-4-27 Robbery 4. Theft and Related Offenses Sec. 3-4-28 Consolidation of Theft Offenses; General Provisions 3-4-29 Grading of Theft Offenses 3-4-30 Theft of Property 3-4-31 Theft by Deception 3-4-32 Theft by Extortion 3-4-33 Theft of Property, Lost, Mislaid or Delivered by Mistake 3-4-34 Receiving Stolen Property 3-4-35 Theft of Services 3-4-36 Theft by Failure to Make Required Disposition of Funds Received 3-4-37 Unauthorized Use of Vehicle 3-4-38 Definitions Applicable to This Part 5. Forgery and Fraudulent Practices Sec. 3-4-39 Forgery 3-4-40 Criminal Simulation 3-4-41 Fraudulent Handling of Recordable Instruments 3-4-42 Tampering with Records 3-4-43 Bad Checks 3-4-44 Fraudulent Use of a Credit Card 3-4-45 Deceptive Business Practices 3-4-46 Commercial Bribery 3-4-47 Rigging a Contest 3-4-48 Defrauding Creditors 3-4-49 Unlawful Dealing with Property by a Fiduciary 3-4-50 Securing Execution of Documents by Deception 3-4-51 Making a False Credit Report 3-4-52 Criminal Usury D. Offenses Against the Family 1. Marital Violations Sec. 3-4-53 Incest 2. Non-Support and Related Offenses Sec. 3-4-54 Criminal Non-Support 3-4-55 Endangering the Welfare of a Child 3-4-56 Failure to Send Children to School E. Offenses Against the Administration of Government 1. Bribery and Corrupt Influence Sec. 3-4-57 Bribery in Official Matters 3-4-58 Improper Influence in Official Matters 3-4-59 Compensation for Past Official Behavior 3-4-60 Retaliation for Past Official Action 3-4-61 Improper Gifts to Public Servants 2. Abuse of Office Sec. 3-4-62 Official Misconduct 3-4-63 Official Oppression 3-4-64 Special Influence 3-4-65 Misusing Public Money 3. Falsification in Official Matters Sec. 3-4-66 Perjury 3-4-67 False Swearing 3-4-68 Unsworn Falsification 3-4-69 False Alarms 3-4-70 Tampering With Witnesses 3-4-71 Tampering With Evidence 3-4-72 Tampering with Public Records 3-4-73 Impersonating a Public Servant 3-4-74 Definitions Applicable to this Part 4. Obstructing Governmental Operations Sec. 3-4-75 Obstructing Governmental Function 3-4-76 Resisting Arrest 3-4-77 Obstructing Justice 3-4-78 Refusing to Aid an Officer 3-4-79 Escape 3-4-80 Providing Contraband 3-4-81 Bail Jumping 3-4-82 Doing Business Without a License 3-4-83 Tampering With Public Property 3-4-84 Injuring Public Property 5. Offenses Against Public Order and Decency Sec. 3-4-85 Riot 3-4-86 Failure to Disperse 3-4-87 False Reports 3-4-88 Harassment 3-4-89 Emergency Telephone Abuse 3-4-90 Desecration 3-4-91 Abusing a Corpse 3-4-92 Cruelty to Animals 3-4-93 Violation of Privacy 3-4-94 Criminal Defamation 3-4-95 Possession of an Alcoholic Beverage by Person Under 18 6. Offenses Against Public Health, Safety, Welfare and Morals Sec. 3-4-96 Prostitution 3-4-97 Spreading Venereal Disease 3-4-98 Weapons Offense 3-4-99 Aggravated Weapons Offense 3-4-100 Dangerous Devices 3-4-101 Abuse of Psychotoxic Chemical Solvents 3-4-102 Water Offenses 3-4-103 Public Nuisance 3-4-104 Business Fraud 3-4-105 Contributing to the Delinquency of a Minor 3-4-106 Curfew Violation 3-4-107 Fireworks Offense 3-4-108 Littering 3-4-109 Livestock Offense 3-4-110 Welfare Offense 3-4-111 Alcoholic Beverages 3-4-112 Compliance with South Dakota State Law 3-4-113 Unlawful Acts; Punishments 3-4-114 Licenses 3-4-115 Enforcement 3-4-116 Effective Date 3-4-117 Controlled Substances 3-4-118 Standards and Schedules 3-4-119 Schedule I - Opiates and Hallucinogenics 3-4-120 Schedule II - Opium and Amphetamines 3-4-121 Schedule III - Depressants and Narcotics 3-4-122 Schedule IV - Barbiturates 3-4-123 Schedule V - Prescription Drugs 3-4-124 Exclusion from Schedule 3-4-125 Regulation of Manufacture, Distribution, and Dispensing of Controlled Substances 3-4-126 Offenses and Penalties 3-4-127 Marijuana 3-4-128 Peyote Exemption 3-4-129 Conditional Discharge for First Offense 3-4-130 Forfeitures 3-4-131 Seizure 3-4-132 Search Warrants 3-4-133 Jurisdiction 3-4-134 Disorderly Conduct 3-4-135 Protective Custody

Title IV. Cheyenne River Sioux Tribal Police Code Sec. 4-1-1 Authority Over Police Function 4-1-2 Chief Of Police 4-1-3 Appointment and Qualification of Police Officers 4-1-4 Duties of Tribal Policemen 4-1-5 Dismissal of Police Officers 4-1-6 Deputizing 4-1-7 Police Training

Title V. Cheyenne River Sioux Tribal Juvenile Code I. General Provisions Sec. 5-1-1 Purpose and Construction 5-1-2 Definitions II. Due Process of Law to be Afforded Sec. 5-2-1 Procedures Established III. Jurisdiction Sec. 5-3-1 Jurisdiction 5-3-2 Concurrent Jurisdiction 5-3-3 Transfer of Cases 5-3-4 Transfer 5-3-5 Felony Cases 5-3-6 Jurisdiction Over Adults 5-3-7 Continuance of Jurisdiction 5-3-8 Termination of Jurisdiction IV. Powers and Duties Sec. 5-4-1 Powers and Duties of the Tribal Juvenile Court V. Judges Sec. 5-5-1 Appointment of Judges 5-5-2 Term and Salary 5-5-3 Temporary Appointments 5-5-4 Annual Reports 5-5-5 Expenditure of Funds 5-5-6 Coordination with Other Agencies 5-5-7 Placement of Children VI. Other Officers - Appointment, Salary and Duties Sec. 5-6-1 Appointment of Probation Officers 5-6-2 Duties and Powers of Probation Officers 5-6-3 Clerk 5-6-4 Compensation 5-6-5 Referees - Appointment 5-6-6 Referee's Function VII. Court Sec. 5-7-1 Sessions 5-7-2 Court Facilities VIII. Adults Sec. 5-8-1 Procedures Applicable 5-8-2 Consent to Jurisdiction by Persons Living Off the Reservation IX. Procedure Sec. 5-9-1 Rules of Procedure 5-9-2 Commencement of Action 5-9-3 Petitions - Content 5-9-4 Verification of Petition 5-9-5 Petitions - Probation Officer 5-9-6 Examination 5-9-7 Petitions - Dismissal 5-9-8 Double Jeapordy 5-9-9 Professional Attorneys X. Service of Process and Search Warrants Sec. 5-10-1 Summons - When Required 5-10-2 Summons - Content - Requirements 5-10-3 Summons - Other Persons 5-10-4 Immediate Custody of Child 5-10-5 Emergency Medical Treatment 5-10-6 Compulsory Attendance of Witnesses 5-10-7 Payment of Travel Expenses 5-10-8 Manner of Service - Jurisdiction 5-10-9 Substituted Service - Jurisdiction 5-10-10 Service - Time Requirements 5-10-11 Search and Seizure Warrants 5-10-12 Disobedience - Contempt 5-10-13 Arrest of Parent, Guardian, or Custodian XI. Investigation and Hearings Sec. 5-11-1 Social Investigations 5-11-2 Social Investigations - Scope 5-11-3 Proceedings - Civil in Nature 5-11-4 Conduct of Hearings - Informal in Manner 5-11-5 Hearings - Record 5-11-6 Records - Use in Other Courts 5-11-7 Appointment of Counsel 5-11-8 Hearings - Evidence 5-11-9 Consolidation of Proceedings 5-11-10 Amendment of Pleadings - Continuances 5-11-11 Special Rules of Procedure - Traffic, Fish and Game, and Boating Violations 5-11-12 Presence of Parents - Protection of Child 5-11-13 Grounds for Rehearing 5-11-14 Maintenance of Order During Hearings XII. Arrest and Detention of Children Sec. 5-12-1 Arrest of Child 5-12-2 Citizen's Arrest of Child 5-12-3 Notification of Parents - Release of Child 5-12-4 Detention of Child 5-12-5 Detention - Report to Court 5-12-6 Restrictions on Detention 5-12-7 Detention - Discretion of Judge XIII. Disposition of Cases Sec. 5-13-1 Findings of Jurisdictional Facts - Disposition of Case 5-13-2 Primary Consideration - Welfare of the Child 5-13-3 Establishment of Conditions by Court 5-13-4 Hospitalization of Child 5-13-5 Commitment to Training School 5-13-6 Termination of Parental Rights 5-13-7 Other Disposition of Cases 5-13-8 Review of Cases XIV. Judgments and Orders Sec. 5-14-1 Judgments - Inoperative After Age 21 5-14-2 Orders - Termination - Renewals 5-14-3 Orders - Modifications 5-14-4 Orders of Termination - Notice 5-14-5 Court Adjudication - Not Criminal in Nature XV. Custody of Children Sec. 5-15-1 Parent's Preferred Right to Custody 5-15-2 Termination of Parental Rights 5-15-3 Parental Rights - Grounds for Termination 5-15-4 Procedures for Terminating Parental Rights 5-15-5 Parental Rights - Order Terminating Contents - Appeals 5-15-6 Action of Court After Termination of Parental Rights 5-15-7 Parental Rights - Right of Non-Terminated Parent 5-15-8 Parental Rights - Voluntary Surrender 5-15-9 Proceedings to Return Custody to Parent, Guardian, etc. 5-15-10 Limitations on Parent's Right to Regain Custody 5-15-11 Custody - Rights and Duties 5-15-12 Custody - Agency - Duty of Court 5-15-13 Modification and Revocation of Custody Orders XVI. Support of Children Sec. 5-16-1 By Parents 5-16-2 Procedure for Payment 5-16-3 Enforcement of Support Orders 5-16-4 Support from Other Agencies 5-16-5 Payments Directly to Agency - Report to Court - Visits XVII. Appeals Sec. 5-17-1 Procedure 5-17-2 Stay Pending Appeal XVIII. Miscellaneous Provision Sec. 5-18-1 Disobedience - Contempt 5-18-2 Payment of Fines - Penalties, etc. 5-18-3 Filing Fees - Witness Fees - Travel Expenses, etc. - By Whom Payable 5-18-4 Records to Be Kept - accessibility 5-18-5 Short Title

Title VI. Cheyenne River Sioux Tribal Traffic Code Sec. 6-1-1 South Dakota Traffic Code and Insurance Provisions Incorporated 6-1-2 Citation in Lieu of Arrest 6-1-3 Fine Schedule in Traffic Cases 6-1-4 Recreational Vehicles Title VII. Cheyenne River Sioux Tribal Rules of Civil Procedure I. General Provisions Rule 1. Scope of Rulss II. Commencement of Action and Preliminary Matters Rule 2. Commencement of Action; Service of Process 3. Time 4. Pleadings, Motions and Orders 5. General Rules of Pleading 6. Form of Pleadings 7. Defenses and Objections 8. Counterclaim or Crossclaim 9. Amendment of Pleadings 10. Parties 11. Intervention 12. Substitution of Parties 13. Discovery 14. Jury Trials 15. Assigning Cases for Trial 16. Dismissal of Actions 17. Consolidation; Separate Trials 18. Evidence 19. Subpoenas 20. Jurors .

Title VII. Cheyenne River Sioux Tribal Rules of Civil Procedure. I. General Provisions. 1. Scope of rules – II. Commencement of action and preliminary matters. 2. Commencement of action; service of process. 3. Time. 4. Pleadings, motions and orders. 5. General rules of pleadings. 6. Form of pleadings. 7. Defenses and objections. 8. Counterclaim or crossclaim. 9. Amendment of pleadings. 10. Parties. 11. Intervention. 12. Substitution of parties. 13. Discovery. 14. Jury trials. 15. Assigning cases for trial. 16. Dismissal of actions. 17. Consolidation; separate trials. 18. Evidence. 19. Subpoenas. 20. Jurors. 21. Special verdicts and interrogatories. 22. Instructions to the jury; arguments. 23. Motions for directed verdict and for judgment notwithstanding the verdict. 24. Finding by the court. 25. Judgments; costs. 26. Default. 27. Summary judgment. 28. Entry of judgment. 29. New trials; amendments. 30. Relief from judgment or order. 31. Harmless error. 32. Stay of proceedings to enforce a judgment. 33. Disability or disqualification of a judge. 34. Injunctions. 35. Extraordinary writs. 36. Execution. 37. Appeal. 38. Citation.

Title VIII. Cheyenne River Sioux Tribal Domestic Relations Code. I. Marriage. 8-1-1 Marriage License 8-1-2. Existing marriages. 8-1-3. Persons who may marry. 8-1-4 Who may perform marriages. 8-1-5. Marriage ceremony. 8-1-6. Void and voidable marriages. –  II. Annulment. 8-2-1. Grounds for annulment. 8-2-2. Action to annul – parties and limitations. 8-2-3. Legitimacy of children. 8-2-4. Conclusiveness of judgment of annulment. – III. Divorce. 8-3-1. Divorce and annulment procedure. 8-3-2. Residence requirement for divorce, annulment, or separate maintenance. 8-3-3. Waiting period before trial of divorce, annulment, or separate maintenance. 8-3-4. Grounds for divorce. 8-3-5. Limitations. 8-3-6. Right of husband to divorce. 8-3-7. Temporary alimony and suit money; restraint. 8-3-8. Pleadings; findings; decree. 8-3-9. Disposition of property and children. 8-3-10. Custody of children in case of separation. – IV. Separate maintenance and property rights. 8-4-1. Separate maintenance. 8-4-2. Property rights of married persons. 8-4-3. Family expenses. – V. Adoption. 8-5-1. Jurisdiction over adoption. 8-5-2. Who may adopt. 8-5-3. Consent to adoption. 8-5-4. Petition to adopt. 8-5-5. Investigation report. 8-5-6. Adoption hearing. 8-5-7. Report and final decree of adoption. 8-5-8. Adoption records. 8-5-9. Contents of adoption order. 8-5-10. Name and legal status of adopted child. 8-5-11. Rights and liabilities of natural parents. – VI. Guardianship. 8-6-1. Jurisdiction. 8-6-2. Appointment of guardian in connection with probating an estate. 8-6-3. Petition. 8-6-4. Notice; hearing. 8-6-5. Who may serve as guardian. 8-6-6. Security for faithful performance of duties. 8-6-7. Oath; letters of guardianship. 8-6-8. Inventory and appraisement. 8-6-9. Annual accounting. 8-6-10. Guardian’s compensation. 8-6-11. Powers and responsibilities of guardian. 8-6-12. Discharge of guardian. 8-6-13. Guardianship records. 8-6-14. Guardianship of trust property. 8-6-15. Temporary guardianship and custody.

Title IX. Cheyenne River Sioux Tribal Probate Code. I. General provisions. 9-1-1. Jurisdiction. 9-1-2. Construction. 9-1-3. Reference to other law. 9-1-4. Effective fraud and evasion. 9-1-5. Evidence as to death or status. 9-1-6. Practice in court. 9-1-7. Records and certified copies. 9-1-8. Jury trial. 9-1-9. Oath or affirmation on filed documents. 9-1-10. Notice. 9-1-11. Renunciation of succession. 9-1-12. Effect of divorce, annulment, and decree of separation. 9-1-13. Effect of homicide on intestate succession, sills, joint assets, life insurance and beneficiary designation. – II. Intestate succession. 9-2-1. Intestate estate. – III. Probate and intestate succession. 9-3-1. Petition. 9-3-2. Administrator of intestate estate. 9-3-3. Appointment of administrator. 9-3-4. Oath of administrator; letters of administration. 9-3-5. Notice to creditors. 9-3-6. Payment of creditors. 9-3-7. Accounting. 9-3-8. No taker. 9-3-9. Advancements. 9-3-10. Debts to descendent. 9-3-11. Status of heirs. – Wills. 9-4-1. Who may make a will. 9-4-2. Execution. 9-4-3. Holographic will. 9-4-4. Self-proved will. 9-4-5. Who may witness. 9-4-6. Choice of law as to execution. 9-4-7. Revocation by writing or by act. 9-4-8. Revocation by divorce; no revocation by other changes of circumstances. 9-4-9. Revival of revoked will. 9-4-10. Incorporation by reference. 9-4-11. Events of independent significance. 9-4-12. Requirement that devisee survive testator by 100 hours. 9-4-13. Simultaneous death. 9-4-14. Rules of construction and intention. 9-4-15. Construction that will passes all property; after-acquired property. 9-4-16. Anti-lapse; deceased devisee; class gifts. 9-4-17. Failure of testamentary provision. 9-4-18. Exercise of power of appointment. 9-4-19. Non-exoneration. 9-4-20. Construction of generic terms to accord with relationship as defined for intestate succession. 9-4-21. Ademption by satisfaction. – V. Probate of wills. 9-5-1. Petition for letters testamentary. 9-5-2. Qualification of executor. 9-5-3. Appointment of executor. 9-5-4. Duties of executor, bond. 9-5-5. Creditors. 9-5-6. Accounting. 9-5-7. Distribution; closing estate. 9-5-8. Distribution; order in which assets appropriated; abatement. 9-5-9. Property discovered after estate closed. 9-5-10. Personal representative’s and attorney’s fees. – VI. Family Rights. 9-6-1. Right to elective share. 9-6-2. Right of election personal to surviving spouse. 9-6-3. Waiver of right to elect and of other rights. 9-6-4. Proceeding for elective share; time limit. 9-6-5. Effect of election on benefits by will. 9-6-6. Omitted spouse. 9-6-7. Pretermitted children. 9-6-8. Homestead allowance. 9-6-9. Exempt property. 9-6-10. Family allowance. 9-6-11. Source, determination, and documentation.

Title X. Cheyenne River Sioux Tribal Code of Creditors Rights and Responsibilities. I. Foreclosure of secured obligations. 10-1-1. Self-help remedies eliminated. 10-1-2. One action to foreclose security interest. 10-1-3 Action to foreclose interest in personal property. 10-1-4. Action to foreclose mortgage. 10-1-5. Sale of property – notice. 10-1-6. Conduct of sale. 10-1-7. Return on sale. 10-1-8. Title to real property. 10-1-9. Redemption. 10-1-10. Surpluses and deficiencies from sales. – II. Actions to recover possession of real property. 10-2-1. Self-help remedies forbidden. 10-2-2. “Forcible entry” defined. 10-2-3. “Forcible detainer” defined. 10-2-4. “Unlawful detainer” defined. 10-2-5. Notices – how served. 10-2-6. Action to regain possession. 10-2-7. Judgment. 10-2-8. Time for appeal. – III. Cancellation of assignments or other privileges granted by the tribe. 10-3-1. Procedure for cancellation of assignments or other privileges granted by the tribe. 10-3-2. Hearings on cancellation of tribal assignments or other privileges granted by the tribe. 10-3-3. Grounds for cancelling, suspending, or modifying any assignment or other privilege granted by the tribe. 10-3-4. Imposition of penalties or damages. 10-3-5. Privilege defined. 10-3-6. Exceptions to procedures.

Title XI. Cheyenne River Sioux Tribal Exclusion and Removal Code. 11-1-1. Statement of tribal council determination and intent. 11-1-2. Persons subject to exclusion and removal. 11-1-3. Grounds for exclusion and removal. 11-1-4. Proceedings for exclusion and removal. 11-1-5. Emergency exclusion and removal without prior hearing. 11-1-6. Hearing on exclusion and removal in non-emergency situations. 11-1-7. Review of orders of exclusion and removal. 11-1-8. Enforcement of orders of exclusion and removal.

Title XII. Cheyenne River Sioux Tribal Animal Code. 12-1-1. Purpose. 12-1-2. Definitions. 12-1-3. Inoculation of dogs or other animals. 12-1-4. Restraint of dogs and other animals. 12-1-5. Seizure of animals. 12-1-6. Liability of owners - scienter – dogs used in law enforcement. 12-1-7. Dogs acting together – actions – parties – judgment. 12-1-8. Dangerous animals. 12-1-9. Animals which disturb neighborhoods. 12-1-10. Criminal penalties for violation of the animal control code.

Title XIII. Cheyenne River Sioux Tribal Hunting, Fishing, and Outdoor Recreation Code. 13-1-1. Intent, Scope and Purpose. 13-1-2. Definitions. 13-1-3. Fish and game property of the tribe. 13-1-4. Cheyenne River Sioux Tribal Game, Fish, and Parks Department. 13-1-5. Department report to Tribal Council. 13-1-6. Cooperative and reciprocal agreements. 13-1-7. Director of Fish and Wildlife Department. 13-1-8. Director empowered to effectuate policies of department. 13-1-9. Director’s powers and duties. 13-1-10. Department employee compensation. 13-1-11. Budget. 13-1-12. Game, fish and parks advisory board. 13-1-13. Advisory board meetings. 13-1-14. Formulation of orders, rules, and regulations. 13-1-15. Publication of orders, rules, and regulations. 13-1-16. Game, fish, and parks fund. 13-1-17. License required. 13-1-18. Fees. 13-1-19. Penalties for violation of code; procedures. 13-1-20. Schedule of fines. 13-1-21. Enforcement. 13-1-22. Hunting and fishing restrictions.

Title XIV. Cheyenne River Sioux Tribal Pretrial Procedures Code. 14-1-1. Intent. 14-1-2. Applicability. 14-1-3. Time. 14-1-4. Attendance. 14-1-5. Failure to appear; penalties. 14-1-6. Conduct of pretrial conference. 14-1-7. Attorneys and public. 14-1-8. Judge’s function. 14-1-9. Disposition of cases. 14-1-10. Voluntary agreements. 14-1-11. Unsettled cases.

Table of Contents - Children's Code (1993)

I- Purpose and Construction
II - Definitions
III - The Children's Court and Judges of the Children's Court

3.01 Establishment
3.02 Absence of Criminal Effect
3.03 Telephone/Facsimile Orders
3.04 Appointment and Qualifications of Judges of the Children's Court
3.05 Term and Compensation of Judges
3.06 Conflict of Interest in Judges
3.07 Annual Reports
3.08 Authority to Expend Funds and Contract
3.09 Children's Court Presenting Officer
3.10 Juvenile Officers
3.11 Child Services Workers
3.12 Presenting Officers
3.13 Clerk
3.14 Guardian Ad Litem
IV - Basic Rights in Children's Court
4.01 Open and Closed Proceedings
4.02 Confidentiality of Closed Proceedings; Penalties
4.03 Exclusion of Child from Proceedings
4.04 Rights and Responsibilities of the Parents
V - Jurisdiction
5.01 Personal
5.02 Subject Matter
5.03 Continuance of Jurisdiction
5.04 Traffic, Game and Fish, Boating Violations
5.05 Transfer to Adult Court
5.06 Transfer from State Court
VI - Juvenile Offender Procedure
6.01 Complaint
6.02 Basic Rights in Juvenile Offender Proceedings
6.03 Warrant, Custody and Detention
6.04 Custody Hearing
6.05 Continued Custody
6.06 Investigation by Juvenile Officer
6.07 Informal Hearing
6.08 Petition
6.09 Adjudicatory Hearing
6.10 Predispositional Report
6.11 Dispositional Hearing
6.12 Dispositional Alternatives
6.13 Modification of Disposition
6.14 Continuance; Consent Decree
6.15 Probation Revocation
6.16 Judgment - Non-criminal and non-admissible
6.17 Damages to or Destruction of Property
VII - Child in Need of Care
7.01 Initiation of proceedings
7.02 Preliminary Investigation
7.03 Warrant; Custody
7.04 Custody Hearing; Continued Custody
7.05 Investigation by Child Services Worker
7.06 Informal Hearing; Disposition
7.07 Petition
7.08 Adjudicatory Hearing
7.09 Predispositional Report
7.10 Dispositional Hearing
7.11 Dispositional Alternatives
7.12 Modification of Disposition
VIII - Child Abuse - General
8.01 Duty to Report Abuse Against Children
8.02 Immunity from Liability - Persons Reporting
8.03 Penalties for Failure to Report
8.04 Initiation of Investigation
8.05 Petition for Temporary Placement
8.06 Emergency Protective Order for SexuallyAbused Children
8.07 Warrant
8.08 Child Abuse Investigation Team
[8.09 Child Protection Group]
[8.10 Referrals]
IX - Emancipation
9.01 Purpose
9.02 Who may petition
9.03 Contents
9.04 Consent
9.05 Notice; Opportunity to be Heard
9.06 Standard to be Applied
9.07 Effects of Emancipation
X - Termination of Parent-Child Relationship
10.01 Petition: Who May File; Grounds
10.02 Contents of Petition
10.03 Notice; Waiver: Guardian Ad Litem
10.04 Social Study Prior to Disposition; Contents
10.05 Hearing; Grounds for Termination
10.06 Court Order: Form; Contents
10.07 Effect of Order
11.01 Adoption, Generally
11.02 Consent to Adoption
11.03 Petition to Adopt
11.04 Investigation Report
11.05 Adoption Hearing
11.06 Adoption Order
11.07 Contents of Adoption Order
11.08 Adoption Records
11.09 Name and Legal Status of Adopted Child
11.10 Rights and Liabilities of Natural Parents
11.11 Finality of Adoption Order
11.12 Recognition of Foreign Order Affecting Adoption
XII - Paternity
12.01 Presumption of Paternity
12.02 Determination of Father-Child Relationship; Who May Bring Action; When Action May Be Brought
12.03 Statute of Limitations
12.04 Jurisdiction; Joinder
12.05 Parties
12.06 Pre-Trial Proceedings
12.07 Clinical Test Evidence
12.08 Evidence Relating to Paternity
12.09 Pre-Trial Recommendations
12.10 Civil Action; Jury
12.11 Judgment or Order
12.12 Birth Records
12.13 When Notice of Adoption Proceeding Required
12.14 Proceeding to Terminate Parental Rights
XIII - Support of Children
13.01 By Parents
13.02 Paternity Actions
13.03 Summons; Service
13.04 Support Order
13.05 Enforcement of Support Orders
13.06 Support from Other Sources
13.07 Payments Directly to Agency; Report to Court; Visits
13.08 Modification of Judgment or Order
13.09 Enforcement of Foreign Judgment in Proceedings to Compel Support
13.10 Statute of Limitations
XIV - Application of the Indian Child Welfare Act
14.01 Conflict with this Code
14.02 Full Faith and Credit; Conflict of Laws
14.03 Voluntary Placement
14.04 Criteria for Children’s Court Declination of Jurisdiction under ICWA; Requirement for Written Findings
14.05 Children's Court Wardship
14.06 Indian Child Welfare Advisory Board. (Res. No. 44-89-CR)
XV - Appeals
15.01 Who May Appeal
15.02 Stay of Judgment
15.03 Early Hearing in Case of Custodial Decision
15.04 Nature of Appellate Decision
15.05 Transcripts
XVI. - Miscellaneous Provisions
16.01 Consolidation of Proceedings
16.02 Grounds for Re-hearing
16.03 Records, Inspection; Penalties for Disclosure; Sealing
16.04 Court Costs and Expenses
16.05 School Attendance
16.06 Administration of Children's Court
XVII – Repealer
XVIII- Effective Date

Table of Contents - Ordinances 1-73

1. Ordinance to levy license fees upon members and non-members doing business on the Cheyenne River Sioux Indian Reservation
2. Fish and Game Regulations
3. Ordinance Governing Non-Members Violating Fish and Game Regulations
4. Ordinance Governing Classes of Hunting and Fishing Permits and Licenses and Fees Therefore
5. Tribal Court
6. Civil Actions
7. Domestic Relations
8. Inheritance and Wills
9. Sentences
10. Penal Code
11. Removal of Non-Members
12. Governing Ownership of Dogs
13.  Domestic Relations: Guardian and Ward (Guardianship)
14.  Elections
15. Intoxicating Liquors
16. Non-Intoxicating Liquor
17. An Ordinance to be operative within the territorial limits of the Agency reserve at Cheyenne River Indian Agency, Eagle Dutte, South Dakota
18. Charter of the Cheyenne River Housing Authority
19. Taxation of All Persons Except Members of the Cheyenne River Sioux Tribe, For the Privilege of Doing Business On the Reservation
20.  Birth and Death Certificates
21. Dead Bodies – Custody and Control
23. Charter of the Cheyenne River Water Authority
24. Charter of the Cheyenne River Telephone Company
25. Retail Sales, Service and Use Tax Ordinance
26. Foreclosure
26-A. Cigarette Tax
27. Acquisition of Property For Public Purposes
28. Establish the Purposes, Powers and Duties of the Cheyenne River Housing Authority
29. Controlled Substances Act
30. Charter of the Cheyenne River Swift Bird Project
31. Western Interstate Corrections Compact
32. Interstate Corrections Compact
33. Establishment of the Cheyenne River Sanitary Landfill
34. Rescinded
35. Cheyenne River Swift Bird Project: Escape
36. Granting To the Cheyenne River Sioux Tribe Telephone Authority To Erect Cable Television System, For a Period of Fifteen (15) Years Regulating the Same
37. Charter for the Cheyenne River Sioux Water, Mineral and Hydro-Carbon Authority
38.  Authorizes and Establishes School Boards
39. Governing Indian Livestock Cooperative Associations
40. Contractor's Excise Tax
41. Involuntary Treatment of Mentally Ill or Chronically Alcoholic Persons
41(I). Unified Tribal Mental Health Code
41-A. Licensing and Permitting Play of Bingo, Lotteries and such other gaming as may be legal on the Cheyenne River Sioux Reservation at Eagle Butte, South Dakota, under Certain Terms and Conditions
42. Tribal Employment Rights Ordinance (TERO) (Replaced By Ordinance 42A on 2/6/1987)
42-A. Tribal Employment Rights Ordinance (TERO)
43. CRST Telephone Authority Cable Television Franchise Ordinance
44. Provision of Communications Facilities, Equipment and Services On the Cheyenne River Indian Reservation
45. CRST Telephone Authority Cable Television Franchise Ordinance
46. Eminent Domain Act
48. Alcoholic Beverages Control Law
49. Imposing a Tribal Sales and Service Tax and Use Tax
50.  Police Commission
51. Creating the Cheyenne River Public Utility Authority
52. Civil Forfeiture of Property Utilized In Violation of Cheyenne River Sioux Tribal Law
52-A. Civil Forfeiture of Property Utilized In Violation of Cheyenne River Sioux Tribal Law
53. Gaming Ordinance
53-A. Gaming Ordinance
53-B. Gaming Ordinance
54. Takini School, Inc.
55. By-Laws of the Cheyenne River Grocery Marketing Corporation, As Amended
56. Corporations Ordinance
57. Protection of the Cultural Resources
57-A. Amendment to Protection of the Cultural Resources
58. Elderly and Disabled Adult Abuse
59. Outlawing the Possession and/or Use of or Being Intoxicated By Alcoholic Substances upon the Premises of Any of the "Elderly Manors and Tribal Old Age Homes"
60. Pit Bull and Dangerous Dog and/or Animal Ordinance
61. Motor Fuel Excise Tax Ordinance
62. Leasehold Mortgages for Direct Loans from Secretary of Veterans Affairs
63. Annual Registration and License Plates Ordinance
64. Motor Vehicle Excise Tax Ordinance
65. Noise Control
66. Lakota Language and Culture Education Code
66-A&B. Amendments to Lakota Language and Culture Education Code
67. Criminal Street Gang Ordinance
68. Tribal Corporation Election Ordinance
69. Flood Damage Prevention Ordinance
70 Solid Waste Ordinance
71. Grazing Ordinance
72. 911 Emergency Reporting Services
73. Telecommunications Ordinance

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