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Ponca Tribe of Nebraska Tribal Code

PTN Code § 3-3-1
Section 3-3-1. Purpose

The purpose of this Chapter is to ensure that the requirements and purposes of the Indian Child Welfare Act are followed whenever a Ponca child is the subject of a child custody proceeding as defined by the Indian Child Welfare Act and that the Tribe's rights under the Act are carried into effect.

Ponca Tribe of Nebraska Code § 3-3-1, PTN Code § 3-3-1

PTN Code § 3-3-2
Section 3-3-2. Transfer Jurisdiction

Whenever a child who is enrolled or is eligible for enrollment in the Tribe is the subject of a state court child custody proceeding as defined by the Indian Child Welfare Act, the Tribe shall take the following steps to secure the Tribe's jurisdiction over the child:

(1) In the case of a child who resides within any service area of the Tribe as defined by P.L. 101-484, or any amendments thereto, the Tribe may file a motion to transfer jurisdiction to the Tribal Court. If the motion is denied the case may be appealed, at the discretion of the Tribe.

(2) In the case of any child who resides outside of any of the Tribe's service areas as defined by P.L. 101-484, or any amendments thereto, the Tribe may file a motion to transfer jurisdiction to the Tribal Court.

The guidelines for determining whether to request a transfer under subsection (2) above include:

(1) The child's ties, if any, with the Tribe;

(2) Whether the child was previously a resident of a tribal service area;

(3) Whether the child has been abandoned by his parents, guardian, or Indian custodian;

(4) Whether the parents have requested a transfer of jurisdiction to Tribal Court;

(5) Whether the child is of sufficient age or maturity to express an opinion as to whether he/she desires to be returned to the jurisdiction of the Tribe;

(6) The stability of the child's family residing within the territorial jurisdiction of the Tribe;

(7) Whether the Tribe has expressed by resolution that it is in the best interest of the Tribe and the child to request a transfer of jurisdiction.

If a child is transferred to the jurisdiction of the Tribal Court, the Court shall proceed with the case under the procedures provided in this chapter and Chapters 5 and 6.

Ponca Tribe of Nebraska Code § 3-3-2, PTN Code § 3-3-2

PTN Code § 3-3-3
Section 3-3-3. Intervention

Whenever a child who is enrolled or who is eligible for enrollment with the Tribe is the subject of a state child custody proceeding as defined by the Indian Child Welfare Act, the Tribe may file a motion to intervene in the case if the Tribe has been denied a transfer of jurisdiction or if the Tribe has declined a transfer of jurisdiction. The purposes of the Tribe's intervention include, but are not limited to, ensuring that the placement preferences of the Indian Child Welfare Act are followed and to ensure that any disposition of the child is culturally and socially appropriate for the child's needs and the Tribe's interests.

Ponca Tribe of Nebraska Code § 3-3-3, PTN Code § 3-3-3

PTN Code § 3-3-4
Section 3-3-4. Exception/Extraordinary Circumstances

The requirements for transfer of jurisdiction and intervention set out in Sections 3-3-2 and 3-3-3 may be waived by the Tribe if extraordinary circumstances exist. Extraordinary circumstances include, but are not limited to, excessive costs to the Tribe in either transferring the case to the Tribal Court or intervening.

Ponca Tribe of Nebraska Code § 3-3-4, PTN Code § 3-3-4

PTN Code § 3-3-5
Section 3-3-5. Enforcement

Enforcement of this chapter will be the responsibility of the Tribal Attorney, the Indian Child Welfare Act Program, and the Tribe.

Ponca Tribe of Nebraska Code § 3-3-5, PTN Code § 3-3-5

PTN Code § 3-3-6
Section 3-3-6. Indian Child Welfare Advisory Board

(A) There is hereby established an Indian Child Welfare Advisory Board which shall be composed of five (5) members appointed by the Tribal Council for a term of two (2) years. Two (2) members of the Board shall be from the Tribal Social Services Department, one (1) member shall be from the Tribal Health Department, one (1) member shall be from the Judicial Department and one (1) member shall be from the Tribal Council.

(B) The duties of the Board shall be as follows:

(1) To advise the Tribal Court on the status and disposition of cases involving children who are members of the Tribe or eligible to become members;

(2) Such other duties as the Tribal Council may from time to time assign the Board.

Ponca Tribe of Nebraska Code § 3-3-6, PTN Code § 3-3-6

PTN Code § 3-3-7
Section 3-3-7. Applicable Law

Any person responsible for enforcement of these provisions shall follow tribal law, the Indian Child Welfare Act, and the Code of Federal Regulations in enforcing these requirements, including notice, motions, transfers, and intervention requirements.

Ponca Tribe of Nebraska Code § 3-3-7, PTN Code § 3-3-7

PTN Code § 3-3-8
Section 3-3-8. ICWA Experts

The Ponca Tribe shall identify, train and designate experts to be used in Indian Child Welfare Act proceedings.

Ponca Tribe of Nebraska Code § 3-3-8, PTN Code § 3-3-8

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