Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Code
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Table of Contents. 1997 Tribal Code.
Title 1. - Criminal procedure
Ch. 1.01. - Purpose statement ([1.0101]). Ch. 1.02. General provisions (1.0201. Applicability of code provisions restricted: offenses committed before adoption. 1.0202. Words used in present tense. 1.0203. Specific provisions control general provisions. 1.0204. Construed according to the plain import of its language. 1.0205. Probable cause). Ch. 1.03. Definitions ([1.0301]). Ch. 1.04. Statute of limitations (1.0401. Statute of limitations. 1.0402. Concealed crime. 1.0403. Speedy trial). Ch. 1.05. Creation, jurisdiction and powers (1.0501. Judicial powers. 1.0502. Jurisdiction. 1.0503. [Reserved]. 1.0504. Power and authority of tribal prosecutor or any special prosecutor appointed by the council. 1.0505. Composition of the court. 1.0506. Appointment of trial and/or special judges. 1.0507. Term of office. 1.0508. Oath of office. 1.0509. Qualifications of trial /special judges. 1.0510. Qualifications of special judges. 1.0511. Disqualification of judges. 1.0512. Disqualification of judges, procedure. 1.0513. Rules of court). Ch. 1.06. Commencement of criminal proceedings (1.0601. Commencement of criminal action. 1.0602. Definition. 1.0603. Contents of complaint. 1.0603. Filing of complaint). Ch. 1.07. Arrest, extradition and fresh pursuit (1.0701. Definitions. 1.0702. Persons qualified to make an arrest. 1.0703. Warrant of arrest, contents. 1.0704. Direction of law enforcement officer; execution. 1.0705. Execution of warrant. 1.0706. Arrest without a warrant. 1.0707. Breaking into dwelling house of other structure to make arrest. 1.0708. Return of warrant. 1.0709. Extradition. 1.0710. Fugitives who have been apprehended by reservation law enforcement personnel. 1.0711. Fresh pursuit. 1.0712. State, county or municipal peace officer in fresh pursuit may arrest within Turtle Mountain Indian Reservation. 1.0713. Removal procedure). Ch. 1.08. Search and seizure (1.0801. Definition. 1.0802. Search without a warrant. 1.0803. Search warrant: issuance. 1.0804. Search warrant: contents. 1.0805. Search warrant: execution of. 1.0806. Search warrant: return of. 1.0807. Search warrant: void. 1.0808. Valid search and seizures. 1.0809. Search warrant denial). Ch. 1.09 Bail (1.0901. Definitions. 1.0902. Bail: eligibility for. 1.0903. Bail hearing. 1.0904. Taking of bail. 1.0905. Bail set: maximum amount. 1.0906. Release of defendant. 1.0907. Forfeiture of bail. 1.0908. Return of cash or surety bond. 1.0910. Release on recognizance). Ch. 1.10. Arraignment (1.1001. Definition. 1.1002. Prompt appearance of defendant before a Tribal Court Judge. 1.1003. Arraignment: procedure). Ch. 1.11. Pleas (1.1101. Pleas. 1.11002. Advice to a defendant. 1.1103. Insuring that the plea is voluntary. 1.1104. Plea agreement procedure. 1.1105. Determining accuracy of plea. 1.1106. Record of proceedings. 1.1107. Harmless error). Ch. 1.12. Pre-trial motions (1.1201. Definitions. 1.1202. Motion to dismiss. 1.1203. Future prosecution of complaint dismissed without prejudice. 1.1204. Motion waived by failure to move to dismiss a complaint. 1.1205. Motion for a bill of particulars. 1.1206. Motion for a change of judge: procedure. 1.1207. Motion to suppress evidence. 1.1208. Motion in Limine). Ch. 1.13. Trial, general provisions (1.1301. Definition. 1.1302. Irregularities, mistakes, and omissions. 1.1303. Summoning witnesses. 1.1304. Trial by jury or by the Court. 1.1305. Rights of accused. 1.1306. Presence of the defendant. 1.1307. Setting date for trial. 1.1308. Continuance of trial. 1.1309. Mistrial due to death or illness of judge). Ch. 1.14. Formation of the jury (1.1401. Definitions. 1.1402. Jury trial: right. 1.1403. Jury trial, expenses. 1.1404. Jury trial, time to request. 1.1405. Jury trial, waiver. 1.1406. Number of jurors. 1.1407. Number of jurors. 1.1408. Who may challenge. 1.1409. Reason for panel challenge. 1.1410. Challenge to individual jurors. 1.1411. Order for exercising challenges for cause. 1.1412. Challenge for cause. 1.1413. Peremptory challenge. 1.1414. Peremptory challenge: number: joint defendants. 1.1415. Vacancy filled. 1.1416. Jurors sworn). Ch. 1.15. Jury trial procedure (1.1501. Order of procedure. 1.1502. Presumption of innocense: effect: reasonable doubt - defendant's refusal to testify. 1.1503. Defendants tried jointly: court may direct separate trials. 1.1504. View of premises by jury. 1.1505. Discharge of juror for illness or disability: new jury. 1.1506. Questions of law and fact. 1.1507. Instructions to jury. 1.1508. Direction of verdict of acquittal). Ch. 1.16. Submission to the jury and verdict (1.1601. Deliberation. 1.1602. Papers taken by jury. 1.1603. Information on any point of law. 1.1604. Jury kept together. 1.1605. Verdict. 1.1606. Poll of jury before recording verdict: either party authorized: dissenting juror, further deliberation, dismissal of jury). Ch. 1.17. Judgement (1.1701. Definition. 1.1702. Entry of judgement. 1.1703. Notification of right to appeal. 1.1704. Stay of imposition of sentence. 1.1705. Execution of judgement: imprisonment: fine: record. 1.1706. Presence of defendant. 1.1707. Withdrawal of plea of guilty. 1.1708. Court costs. 1.1709. Deferred payment of fine and/or court costs). Ch. 1.18. New trial (1.1801. Definition. 1.1802. New trial grounds. 1.1803. Application. 1.1804. Effect of a new trial. 1.1805. Status of the accused pending new trial). Ch. 1.19. Re-opening case (1.1901. Re-opening of a case). Ch. 1.20. Criminal appeals (1.2001. Court of last resort. 1.2002. Appeal, how taken. 1.2003. Notice of appeal. 1.2003. Appeal on question of law). Ch. 1.21. - Ch. 1.22. [Missing]. Criminal traffic code [fines]. Resolution Number TM172-11-95. Resolution Number TMBC1220-12-98. Ch. 109. Bail (1.0911). Rule 31. [From Code of Judicial Conduct]. Turtle Mountain Tribal Court civil traffic code bond schedule. Civil traffic code section and penalty – Introduction. (1.2304. [Repealed and replaced by ss3-106]. 1.2305. Driving without a licence. 1.2306. Permitting an unauthorized minor to drive. 1.2307. Driving without required registration or with vehicle in unsafe condition. 1.2308. Starting, turning and stopping without regard to safety. 1.2309.2. Careless driving, care required, and due care. 1.2309. Speeding. 1.2309.1. Radar evidence in speed violations. 1.2311. Garages to report. 1.2314. Failure to drive on right side of roadway. 1.2315. Following too closely. 1.2316. Overtaking a vehicle without regard to safety. 1.2317. Failure to stop for school bus flashing lights. 1.2318. Failure to give right of way. 1.2319. Stopping, standing or parking on a highway. 1.2320. Coasting. 1.2321. Obstruction to driver's view or driving mechanism. 1.2350. Driving without liability insurance. 1.2323. Pedestrians on roadways without regard for safety. 1.2324. Garbage, glass, etc. on highways. 1.2325. Open bottle in vehicle. 1.2326. Driving in violation of an order of the court. 1.2327. Duties in the event of an accident. 1.2328. Law officers to report accidents. 1.2329. Crash helmets required for operators of and passenger on a motorcycle . . . 1.2330. Number of riders on motorcycles limited. 1.2331. When lighted lamps are required. 1.2332. Visibility distance and mounted height of lamps. 1.2333. Head lamps on motor vehicles. 1.2334. Tail lamps. 1.2335. Lamp of flag on projecting load. 1.2337. Horns and warning devices. 1.2338. Mufflers, prevention of noise. 1.2339. Mirrors. 1.2340. Windshields must be unobstructed and equipped with wipers. 1.2341. Restrictions on tire equipment. 1.2342. Vehicle to be constructed to prevent sifting or leaking loads. 1.2345. Special lighting and warning equipment on school buses. 1.2346. Duty of drivers upon approach of police or fire department vehicle. 1.2347. Penalties not otherwise prescribed. 1.2348. Handicap zone. 1.2349. Exhibition driving and drag racing). Ch. 1.23. Criminal Traffic Code (1.2300. Definitions. [1.2301. Arresting person for violating traffic regulations: duty of officer arresting. 1.2302. Uniform traffic complaint and summons. 1.2303. Failure to appear; hearing upon arrest; time of; promise of defendant to appear. 1.2310. Offenses under which person arrested may not be entitled to release upon promise to appear. [1.2350.] Reckless driving – aggravated reckless driving – penalty. 1.2313. Any Indian person under the influence of intoxicating liquor or other drugs or substances not to operate vehicle - Penalty. 1.1213.1. Implied consent to determine alcohol and drug content of blood. 1.2313.2. Chemical test of driver of serious bodily injury of fatal accidents. 1.2313.3. Persons qualified to administer test and opportunity for additional tests. 1.2313.4. Consent of person incapable of refusal not withdrawn. 1.2313.4.1. Action following test result for a resident operator. 1.2313.4.2. Action following test result or on regusing test by nonresident operator. 1.2313.5. Revocation of privilege to drive motor vehicle upon refusal to submit to testing. 1.2313.6. Administrative sanction for driving or being in physical control of a vehicle while having certain blood alcohol concentration. 1.2313.7. Administrative hearing on request. 1.2313.8. Judicial review. 1.2313.9. Interpretation of chemical tests. 1.1213.10. Proof of refusal admissible in any civil or criminal action or proceeding. 1.2313.11. Effect of evidence of chemical test. 1.2313.12. Notice to other states. 1.2313.13. Liability. 1.2313.14. State toxicologist to examine specimens of fatalities in accidental deaths involving a motor vehicle - record use. 1.2313.15. Screening test. 1.2314. Failure to drive on right side of roadway. 1.2346.1. fleeing or attempting to elude a peace officer). Resolution Number TMBC1266-02-99. Resolution Number TMBC720-02-98. Resolution Number TMBC583-11-97. Memorandum dated Dec 1, 1995. Communication dated November 22, 1995. Resolution Number TM172-11-95. Resolution Number TM232-02-96. Communication dated February 14, 1995. Resolution Number TM232-02-96. Memorandum dated Mar 05, 1996. Resolution Number TM232-02-96. Resolution Number TMB1336-04-99. Ch.1.24. Boating regulations and penalties ([1.2401.-1.2402. Missing]. 1.2403. Identification number. 1.204. Equipment. 1.2405. Exemption from numbering provisions of this chapter. 1.2406. Prohibited operation. 1.2407. Collisions, accidents and casualties. 1.2408. Transmittal of information. 1.2409. Water skis and surfboard. 1.2410. Regattas, races, marine parades, tournaments, fishing derbies or exhibitions. 1.2411. Owner's civil liability. 1.2412. Enforcement of boating regulations. 1.2413. Penalty). Ch. 1.25. Fishing regulations and penalties (1.2501. Definitions. 1.2502. Ownership and control of fish is in the Tribal Council. 1.2503. Enforcement of fishing regulations. 1.2504. All non-Indians to be licensed. 1.2505. Non-Indians not eligible for Tribal fishing license unless by the State of North Dakota. 1.2506. Fees for Tribal fishing license. 1.2507. Who to issue Tribal fishing license. 1.2508. Disposition of moneys from sale of fishing licenses. 1.2509. Taking fish for bait. 1.2510. Illegal to set or use nets, set lines or fish traps; exceptions. 1.2511. Fish houses; requirements; removal. 1.2512. Tribal Council may prescribe additional regulations. 1.2513. Penalties not otherwise prescribed. 1.2514. Penalties applicable to non-Indians). Ch. 1.26. Regulation and registration of snowmobiles (1.2601. Definitions. 1.2602. Snowmobile registration; general requirements. 1.2603. Exemption from registration. 1.2604. Rules for operation of snowmobiles. 1.2605. Rules for operation of snowmobiles in Belcourt, North Dakota or other unorganized town or settlement within the Turtle Mountain jurisdiction. 1.2606. Crash helmets required for operators of and passengers on snowmobiles. 1.2607. Owner's civil liability. 1.2608. Enforcement of snowmobile regulations. 1.2609. Penalty). Resolution Number 3548-09-87. Communication dated November 22, 1995. (161 pgs.).
Title 2 - Judicial procedure, civil
Ch. 2.01. Creation and jurisdiction (2.0101. Tribal Court. 2.0102. Jurisdiction). Ch. 2.02. Actions, decisions, enforcement (2.0201. Form of complaint. 2.0202. Enforcing its decisions. 2.0203. Action defined. 2.0204. No merger of civil and criminal liabilities). Ch. 2.03. Commencement of actions (2.0301. General limitations. 2.0302. Statute of limitations. 2.0303. Waiver of limitations. 2.0304. Terms identifying parties). Ch. 2.04. Commencing civil actions (2.0401. Civil case. 2.0402. Complaint. 2.0403. Guardians. 2.0404. Summons. 2.0405. Service of summons and complaint. 2.0406. Long-arm statute. 2.0407. Return of summons). Ch. 2.05. Appearance, defaults, postponements (2.0501. General appearance. 2.0502. Special appearance. 2.0503. Method of appearance. 2.0504. Appearance: time allowed parties; default decisions. [Missing Resolution 45631-04-92 amends Ch. 2.05]). Ch.2.06. Venue (2.0601. Location of action). Ch.2.07. Pleadings (2.0701. Definition. 2.0702. Complaint. 2.0703. Motions. 2.0704. Answer. 2.0705. Counterclaims. 2.0706. Pleadings; amendment). Ch. 2.08. Subpoena and discovery procedure (2.0801. Subpoenas and orders issued. 2.0802. Subpoenas and orders served. 2.0803. Discovery. 2.0804. Depositions. 2.0805. Interrogatories. 2.0806. Admissibility. 2.0807. Admissions in a civil action: either party may request: admissions of genuineness of documents-failure to admit or explain deemed admittance. 2.0808. Refusal to admit requested facts or documents; expense of proof charged to party refusing). Ch. 2.09. Jury trials (2.0901. Jury trial; right time for request. 2.0902. Number of jurors. 2.0903. Qualification of jurors. 2.0904. Jury selectors. 2.0905. Jury list. 2.0906. Annual drawing of prospective jurors. 2.0907. Jury panel. 2.0908. Summons. 2.0909. Extra jurors. 2.0910. Selection of jury. 2.0911. Peremptory challenge: number: joint defendants. 2.0912. Jury oath. 2.0913. Continuance. 2.0914. Case and verdict. 2.0915. Informed on any point of law. 2.0916. Delivery of verdict. 2.0917. Jury's failure to agree. 2.0918. Jury fees). Ch. 2.10. Contempt of Court (2.1001. Reasons for charge. 2.1002. Contempt committed in presence of judge. 2.1003. Contempt committed not in presence of judge. 2.1004. Punishment. 2.1005. Enter conviction on docket). Ch. 2.11. Dockets (2.1101. Material entered on docket. 2.1102. Arrangement of docket. 2.1103. Responsibility for maintaining docket and other court records). Ch. 2.12. Competency (2.1201. Plea of incompetency. 2.1202. Board of competency. 2.1203. Jurisdiction and powers. 2.1204. Powers and duties of the Chairman. 2.1205. Notice of hearing). Ch. 2.13. Appeals (2.1301. Tribal Court of Appeals. 2.1302. Composition: appointment. 2.1303. Jurisdiction. 2.1304. Right to appeal. 2.1305. New trial. 2.1306. Permission to appeal. 2.1307. Denial of appeal. 2.1308. Parties not appearing at trial. 2.1309. Pre-trial hearing. 2.1310. Term of court. 2.1311. Memorandum of the court). Ch. 2.14. Attorneys (2.1401. Qualifications to admission. 2.1402. Filing fee. 2.1403. Oath upon admission. 2.1404. Attorneys' roll. 2.1405. Disbarment. 2.1406. Prosecuting attorneys and defense attorneys. 2.1407. Council members shall not practice as attorneys). Ch. 2.15. Definitions ([2.1501]. (25 pgs.).
Title 3. Evidence
Ch. 3.01. Privileges (3.0101. Self-incrimination. 3.0102. Privileged communication; duty of Court to advise witness and to protect rights of person who is not present or represented. 3.0103. Definition of incrimination. 3.0104. Claiming privilege. 3.0105. Waiver of privilege of previous disclosure. 3.0106. Attorney-client privilege; definitions. 3.0107. Marital privilege; definition. 3.0108. Clergy-man-penitent privilege; definition. 3.0109. Physician-patient privilege; definition. 3.0110. Public officer; official information privileged). Ch. 3.02. Qualifications, examinations, credibility of witnesses (3.0201. Qualifications of witnesses. 3.0202. Interpreters. 3.0203. Oath. 3.0204. General limitation upon testimony. 3.0205. Control of judges over presentation of evidence. 3.0206. Adverse party's right of examination and cross-examination; by opposing parties. 3.0207. Unwilling or hostile witnesses; examination by leading questions. 3.0208. Witness convicted of perjury. 3.0209. Judge, juror or attorney as witnesses. 3.0210. Tribal Court empowered to appoint expert witnesses. 3.0211. Inspection and examination of subject matter by experts; cross-examination of experts. 3.0212. Admissibility of evidence; discretion of judge. 3.0213. Judicial notice. 3.0214. Procedure for judicial notice. 3.0215. Illegally obtained evidence. 3.0216. Opinion evidence. 3.0217. Authentication of writings). Ch. 3.03. Hearsay (3.0301. Definition. 3.0302. Admissibility of hearsay evidence. 3.0303. Reported testimony. 3.0304. Confessions. 3.0305. Admissions. 3.0306. Authorized and adoptive admissions. 3.0307. Admissions in pleadings. 3.0308. Declarations against interest. 3.0309. Contemporaneous or spontaneous statements. 3.0310. Declarations of a state of mind, emotion or physical sensation. 3.0311. Admissibility of business records. 3.0312. Admissibility of public records and reports. 3.0313. Photographic copies of business and public records as evidence. 3.0314. Discretion of the court to exclude evidence. 3.0315. Admissibility of declarations of pedigree; witness has no personal knowledge. 3.0316. Admissibility of declaration of pedigree, declarant related or closely associated). (13 pgs.).
Title 4. Judgment and execution
Ch. 4.01. General provisions (4.0101. Purpose statement. 4.0102. Judgement. 4.0103. Recognition of foreign court orders and judgements. 4.0104. Enforcement and jurisdiction. 4.0105. Basis for enforcement. 4.0106. Stay of execution, posting of bond). Ch. 4.02. Execution proceedings (4.0201. Property subject to execution. 4.0202. Property exempt from execution. 4.0203. Stipends and contributions exempt from execution. 4.0204. Homestead exemption - area and value. 4.0205. Proceeds of sale exempt - disposition. 4.0206. Lawful debt in proceedings to distribute decedents' estates. 4.0207. Writs of execution; renewal of judgement. 4.0208. Issuance; contents. 4.0209. Return. 4.0210. Appraisal of property seized. 4.0211. Notice and public sale of property seized; proceeds; bill of sale. 4.0212. Private sale of property seized; delivery of unsold property to plaintiff or return to defendant. 4.0213. Execution prior to judgement, perishable goods). Ch. 4.03. Costs and fines (4.0301. Security for costs. 4.0302. Assessment of costs. 4.0303. Payment of fines). Ch. 4.01. Replevin (4.0401. Immediate delivery of personal property before judgement. 4.0402. Affidavit of claim and delivery required; contents; endorsements or immediate delivery. 4.0403. Security required before delivery. 4.0404. Seizure, custody and delivery of property by officer; method; service of papers received. 4.04.05. Return of the property. 4.0406. Security, cash deposits, sureties. 4.0407. Police report of proceedings). Ch. 4.05. Garnishment (4.0501. Definitions. 4.0502. Creditors may proceed by garnishment. 4.0503. Restriction on garnishment of earnings. 4.0504. Notice before garnishment of earnings. 4.0505. Service on Tribal Finance Office-fee. 4.0506. Garnishee summons. 4.0507. Form of summons and notice. 4.0508. Service. 4.0509. Disclosure. 4.0510. Disclosure fees. 4.0511. Effect of disclosure. 4.0512. Oral disclosure –supplemental complaint. 4.0513. Third party may intervene. 4.0514. Default. 4.0515. Judgement against garnishee. 4.0516. Minimum judgement. 4.0517. Discharge not a bar. 4.0518. Discharge from employment for garnishment or execution prohibited. 4.0519. Garnishment - minimal amount - disclosure. 4.0520. Termination of garnishment. 4.05021. Continuing lien on wages. 4.0522. Claim of exemptions – how made. 4.0523. Claim of exemptions – when heard). Resolution number TMBC956-06-98 of the duly elected and certified governing body of the Turtle Mountain Band of Chippewa Indians). (43 pgs.).
Title 5 - Children's Code
Communication dated Feb 04 1988. Memorandum dated Oct 21 1987. Memorandum dated Sep 01 1987. Memorandum dated August 28, 1987. Resolution number 3512-08-87 of the duly elected and certified governing body of the Turtle Mountain Band of Chippewa Indians. Ch. 5.01. General provisions (5.0101. Purpose. 5.0102. Definitions. 5.0103. Rights and responsibilities of the natural parent(s) of a child in foster care. 5.0104. The rights of the child in foster care. 5.0105. The rights of the foster parents. 5.0106. The rights of the social service agency. 5.0107. A medical doctor. 5.0108. Service provider. 5.0109. Child custody – in case of divorce. 5.0110. Commitments – religious beliefs. 5.0111. Detention or commitment to adult institution. 5.0112. Inspection of jail or detention center. 5.0113. Counsel - burden of expenses. 5.0114. No limitation authority). Ch. 5.02. Juvenile Court (5.0201. Juvenile Court definition. 5.0202. Jurisdiction. 5.0203. Contempt of court. 5.0204. Initiation of proceedings. 5.0205. Summons, content and service thereof. 5.0206. Guardian ad litem. 5.0207. Written promise to appear; failure to preform. 5.0208. Conduct of hearings. 5.0209. Actions of the Juvenile Court. 5.0210. Juvenile Court Clerk – records of confidential. 5.0211. Commitments and judgements. 5.0212. Removal of juvenile. 5.0213. Transfer to Adult Court. 5.0214. Judgements of support. 5.0215. Order relating to judgements of support. 5.0216. Periodic reports. 5.0217. Removal from reservation. 5.0218. Custody of a juvenile arrested for violation of law. 5.0219. Taking a child into custody. 5.0220. Basic rights. 5.0223. Minors in need of care, right to an attorney. 5.0222. Place of detention or shelter care. 5.0223. Standards for shelter care and detention facilities. 5.0224. Juvenile detention – hearing limitation. 5.0225. Photos and fingerprints - juvenile restrictions. 5.0226. Juvenile hearing, restrictions, nonpunitive. 5.0227. Written judge. 5.0228. Modification, revocation, or extension of an order. 5.0229. Full faith and credit. 5.0230. Law enforcement records. 5.0231. Informal adjustment hearing. 5.0232. Commitment to off reservation placements). Ch.5.03. Appeal (5.0301. Procedure of appeals. 5.0302. Stay pending appeal. 5.0303. Record. 5.0304. Time limit. 5.0305. Conduct of proceeding). Ch. 5.04. Indian Child Welfare Act of 1978 (5.0401. Transfer from state courts. 5.0402. Receipt of referrals. 5.0403. Duties of the Clerk of Court. 5.0404. Duties of the Chief Judge of the Tribal Court. 5.0405. Investigation of referral. 5.0406. Proceedings upon transfer). Ch. 5.05. Probation officer (5.0501. Appointment of probation officers. 5.0502. Removal of probation officers. 5.0503. Job description. 5.0504. Duties of probation officers). Ch. 5.06. Delinquency Prevention Commission (5.0601. Establishment, support and maintenance; composition. 5.0602. Members' appointment – terms, expenses, vacancies). Ch. 5.07. Reporting child abuse and neglect (5.0701. Purpose. 5.0702. Basis for report. 5.0703. Who must report. 5.0704. Who is encouraged to report. 5.0705. Confidentiality of reporter - immunity from legal liability. 5.0706. To whom reported. 5.0707. Penalty for not reporting. 5.0708. Investigation of the report. 5.0709. Emergency removal. 5.0710. Immediate custody of child. 5.0712. Termination of emergency protective care. 5.0713. Cooperation required. 5.0714. Interviewing child. 5.0715. Disclosure of information. 5.0716. Protective custody by a physician. 5.0717. Emergency medical treatment and/or examination. 5.0718. Legal authority. 5.0719. Photographs and x-rays). Ch. 5.08. Permanent planning (5.0801. Permanent planning. 5.0802. Protective supervision. 5.0803. Permanency plan. 5.0804. Time frame for permanency plan. 5.0805. Review of permanency plan. 5.0806. Permanent planning preference. 5.0807. Establishment of permanent plan). [Ch. 5.09 & 5.10. Missing]. Ch. 5.11. Education and health (5.1101. Compulsory attendance. 5.1102. Compulsory attendance - exceptions. 5.1103. Prosecution for violation of compulsory attendance law - officers charged with enforcement. 5.1104. Violation of compulsory school attendance provisions - penalty. 5.1105. Inoculation required before admission to school. 5.1106. Comprehensive health education curriculum). Ch. 9.03. Termination of parental rights of a child (9.0301. Relinquishment of parental rights. 9.0302. Restoration of parental rights relinquished or voluntarily terminated with respect to a child. 9.0303. Assessment of child and report. 9.0304. Grounds for involuntary termination of parental rights with respect to a child. 9.0305. Hearing and service of notice thereon. 9.0306. Disposition of petition for involuntary termination of parental rights with respect to a child. 9.0307. Court order granting termination of parental rights of a child. 9.0308. Effect of termination decree of relinquishment of a child). Ch. 9.04. Adoption (9.0401. Definitions. 9.0402. Who may be adopted. 9.0403. Who may adopt. 9.0404. Venue - inconvenient forum - caption. 9.0405. Persons required to consent to adoption. 9.0406. Persons as to whom consent and notice not required. 9.0407. How consent is executed. 9.0408. Withdrawal of consent. 9.0409. Petition for adoption. 9.0410. Report of petitioner's expenditures. 9.0411. Notice of petition - investigation and hearing. 9.0412. Required residence of minor. 9.0413. Appearance - continuance - disposition of petition. 9.0414. Effect of petition and decree of adoption. 9.0415. Appeal and validation of adoption decree. 9.0416. Hearings and records in adoption proceedings – confidential nature – disclosure of identifying and non-identifying information - when applicable. 9.0417. Application for new birth record. 9.0418. Adoption and legitimation by conduct. 9.0419. Character and effect of termination of parental rights and of adoption of a child. 9.0420. Jurisdiction of courts. 9.0421. Governing law. 9.0422. Fees. 9.0423. Priority of proceedings - judicial review. 9.0424. Severability. 9.0425. Authority and duties of guardian of child's person. 9.0426. Parent and child. 9.0426.1. Relationship not dependent on marriage. 9.0426.2. How parent and child relationship established. 9.0426.3. Presumption of paternity. 9.0426.4. Determination of father and child relationship - who may bring an action and when action may be brought. 9.0426.5. Statute of limitations. 9.0426.6. Jurisdiction. 9.0426.7. Parties. 9.0426.8. Blood test. 9.0426.9. Evidence relating to paternity. 9.0426.10. Civil action - trial. 9.0426.11. Judgement or order. 9.0426.12. Costs. 9.0426.13. Enforcement of judgement or order. 9.0426.14. Modification of judgement or order. 9.0426.15. Hearings and records - confidentiality. 9.0426.16. Action to declare mother and child relationship. 9.0426.17. Promise to render support. 9.0426.18. Birth records. 9.0426.19. When notice of adoption proceedings required). Index. Child support guidelines – Preamble. (1. Definitions. [Sections 2.-4.]). Title I. Introduction ([Section 1.-2.]. 3. Definitions). Title II. Paternity - establishment of (1. Statute of limitations - paternity. 2. Jurisdiction - Turtle Mountain Tribal Court. 3. Genetic testing. 4. Acknowledgment in general). Title III. Setting of support obligations (1. Purpose. 2. Definitions - for purposes of this title. 3. Setting of child support obligation. 4. Presumptive child support. 5. Establishing child support guidelines. 6. Public assignment of child support rights - establishment and amount of obligation. 7. Child support agreements. 8. Modifications. 9. Voluntary unemployment or underemployment). Title IV. Collection of child support (1. Purpose. 2. Wage withholding. 3. Collection of support from other sources). Title V. Creation of tribal Child Support Enforcement Unit (1. Purpose. 2. Location of said unit). Curfew ([Section 1.-3.]). Zero alcohol tolerance ([Section 1.-3.]). Regulation on the sale and use of tobacco products by minors ([Section 1.-2.)]. Prohibition of tobacco sales to minors ([Section 1.-4.]). License for the sale of tobacco products ([Section 1.]). Application for license ([Section 1.-4.]). Resolution TMBC544-10-97. Memorandum dated July 2, 1997. Communication dated July 2, 1997. Resolution number TMBC362-06-97. Resolution number TMBC1401-06-99. Title I. Introduction (1. This act shall be known as the Turtle Mountain Child Support Enforcement Act. 2. Statement of policy. 3. Definitions). Title II. Paternity - establishment of (1. Statute of limitations - paternity. 2. Jurisdiction. 3. Genetic testing. 4. Acknowledgment in general. 5. Hospital based acknowledgment. 6. Adjudication procedure). Title III. Setting of support obligations (1. Purpose. 2. Definitions - for purposes of this title. 3. Setting of child support obligation. 4. Presumptive child support. 5. Establishing child support guidelines. 6. Public assignment of child support rights - establishment and amount of obligation. 7. Child support agreements. 8. Modifications. 9. Voluntary unemployment or underemployment). Title IV. Collection of child support (1. Purpose. 2. Wage withholding. 3. Collection of support from other sources). Title V. Creation of Tribal Child Support Enforcement Unit (1. Purpose. 2. Location of said Unit.(157 pgs.).
Title 6. Obligations imposed by law
Ch. 6.01. General provisions (6.0101. Rights and obligations of all persons. 6.0102. Personal relation; offenses against. 6.0103. Use of force to protect personal rights. 6.0104. Responsibility for willful and negligent acts. 6.0105. Obligation to restore things improperly obtained. 6.0106. Restoration without demand, when). Ch. 6.02. Defamation (6.0201. Deceit. 6.0202. Classification of deceit. 6.0203. Deceit upon Tribe; presumption). Ch. 6.03. Defamation (6.0301. Obligation to refrain from. 6.0302. Defamation classified and defined. 6.0303. Privileged communications. 6.0304. Notice and demand before certain actions for libel. 6.0305. Retraction rebuts presumption of malice. 6.0306. Malice defined). Ch. 6.04. Seduction (6.0401. Definition. 6.0402. Unmarried woman; right of action for own seduction; actual and punitive damages. 6.0403. Parties plaintiff. 6.0404. Marriage of parties to a seduction; wife's action against abandoning husband; support of children. 6.0405. Wife competent witness against her husband in action against him for her seduction). Ch. 6.05. Damages for death by wrongful act (6.0501. Death by wrongful act. 6.0502. Parties; measure of damage; limitation of action; settlement; apportionment among beneficiaries. 6.0503. Actions survive brought by or against legal representatives. 6.0504. Malicious prosecution. 6.0505. Abuse of process). Ch. 6.06. Intentional torts (6.0601. Battery. 6.0602. Assault. 6.0603. Infliction of mental distress. 6.0604. False imprisonment. 6.0605. Intentional interference with property; trespass to personal property. 6.0606. Definition of personal property. 6.0607. Trespass to land. 6.0608. Conversion. 6.0609. Ways of committing conversion). Ch. 6.07. Nuisance (6.0701. Nuisance defined. 6.0702. Nuisance classified; public; private; defined. 6.0703. Time; effect of public nuisance. 6.0704. Remedies against nuisance; public or private; parties; procedure; notice required in certain cases. 6.0705. When forcible detainer or eviction maintainable. 6.0705.1. Notice to quit; when required; when and how served. 6.0706. Forcible detainer or eviction. 6.0707. When lawful to set lands on fire. 6.0708. Accidental damage from lawfully set fire; liability). (12 pgs.).
Title 7. Contracts
Ch. 7.01. General provisions (7.0101. Definition. 7.0102. Essential elements of a contract. 7.0103. Law of place applied to contracts. 7.0104. Time of performance. 7.0105. Pre-existing duty insufficient as consideration). Ch. 7.02. Parties (7.0201. Persons capable of contracting. 7.0202. Contract of a minor. 7.0203. Disaffirmance of contract by minor. 7.0204. Beneficiary of contract made by others). Ch. 7.03. Consent (7.0301. Essential elements of consent. 7.0302. Contract voidable. 7.0303. Communication of acceptance. 7.0304. Acceptance deemed complete. 7.0305. Acceptance different from offer; counteroffer. 7.0306. Withdrawal of offer. 7.0307. Withdrawal completed. 7.0308. Voluntary acceptance of benefits; presumption of consent). Ch. 7.04. Object (7.0401. Definition. 7.0402. Requirements of object. 7.0403. Object single but unlawful, impossible or unascertainable, contract void. 7.0404. Several objects; part unlawful). Ch. 7.05.Consideration (7.0501. Consideration defined. 7.0502. Sufficiency of consideration. 7.0503. Adequacy of consideration. 7.0504. Substitutes for consideration. 7.0505. Presumption of consideration; written contract. 7.0506. Burden of proof; want of consideration). Ch. 7.06. Formation of contract (7.0601. Expressed or implied contracts; definitions. 7.0602. Oral or written contracts. 7.0603. Written contracts required. 7.0604. Prevention of written contract by fraud or deceit; oral agreement may be enforced. 7.0605. Public auction sales; memorandum of auctioneer satisfies. 7.0606. Parol evidence rule). Ch. 7.07. Unlawful contract provisions (7.0701. Contracts against public policy. 7.0702. Fixing amount of damages void; exception. 7.0703. Restraint of legal proceedings; void. 7.0704. Provisions in restraint of trade, business or profession; sales of good will; partnership restraint; employer's contracts. 7.0705. Usurious contracts. 7.0706. Effect of illegality). (7 pgs.).
Title 8. Damages
Ch. 8.01. General provisions (8.0101. Measure; general rule. 8.0102. Exemplary (punitive) damages. 8.0103. Assault. 8.0104. Battery. 8.0105. False imprisonment. 8.0106. Trespass to land. 8.0107. Trespass to personal property. 8.0108. Conversion. 8.0109. Seduction). (2 pgs.).
Title 9. Domestic relations
Ch. 9.01. Husband and wife (9.0101. Mutual obligations; contracts between husband and wife. 9.0102. Separate property; definitions, rights and privileges. 9.0103. Titles to property. 9.0104. Transfer of property; benefit of the other spouse; other spouse may transfer. 9.0105. Rights and liabilities as to third persons; neither liable for the other; property of one immune from liability of the other. 9.0106. Rights of married women; same as single. 9.0107. Capacity of married persons under age of majority. 9.0108. Husband as head of family; right to select residence. 9.0109. Mutual duties of support. 9.0110. Necessaries; husband's liability; exception). Ch. 9.02. Parent and child (9.0201. Presumption of legitimacy; legitimation by marriage of parents. 9.0202. Dispute legitimacy; proof. 9.0203. Custody of legitimate children; rights of parents. 9.0204. Custody of an illegitimate child. 9.0205. Custody of child when parents living separately. 9.0206. Residence of child; determination by parents; restrictions. 9.0207. Parental authority; abuse, remedy. 9.0208. Termination of parental authority. 9.0209. Imputing minor's liability to parents; limited. 9.0210. Liability of parent imputed to child. 9.0211. Support of child; education. 9.0212. Child supported by other parent, relative, or a third person; parent liability. 9.0213. Support of child from its estate or estate of its parent; allowance to parent or tribe. 9.0214. Support of adult child; compensation. 9.0215. Property and earnings of a child; relinquishment by parents). Ch.9.03. Termination of parent and child relationship [Missing]. Ch.9.04. Adoption [Missing]. Ch.9.05. Bastardy - illegitimacy law (9.0501. Obligation of parents. 9.0502. Recovery by mother from father. 9.0503. Recovery by other than the mother. 9.0504. Discharge of father's obligation. 9.0505. Liability of father's estate. 9.0506. Complaints. 9.0507. Time of bringing complaint. 9.0508. Complaint made to judge. 9.0509. Form of complaint. 9.0510. Substance of the complaint. 9.0511. Process. 9.0512. Preliminary hearing. 9.0513. Result of preliminary hearing. 9.0514. Birth of a child. 9.0515. Trial. 9.0516. Failure of defendant to appear. 9.0517. Effect of death or absence or insanity of the mother. 9.0518. Death of defendant. 9.0519. Finding against defendant. 9.0520. Payment to trustee. 9.0521. Sentencing defendant. 9.0522. Enforcement on default. 9.0523. Agreement or compromise. 9.0524. Limitations of actions). Ch. 9.06. Guardian and ward (9.0601. Definitions; guardian, ward. 9.0602. Jurisdiction. 9.0603. Appointment by will or deed. 9.0604. Procedure for appointment of guardians, petitions, hearing, order. 9.0605. Guardian for a child. 9.0606. Oath and bond. 9.0607. Rules for appointing. 9.0608. Powers of guardians; property of ward. 9.0609. Qualifications of guardian. 9.0610. Removal or resignation of guardian. 9.0611. Parental appointment; how terminated. 9.0612. Termination of powers of guardians appointed by court. 9.0613. Release by ward. 9.0614. Restoration of incompetent person; procedure). Ch. 9.07. Marriage (9.0701. Validity of marriage. 9.0702. Who shall prescribe. 9.0703. License to marry. 9.0704. License, effective date. 9.0705. Judicial approval. 9.0706. Solemnization and registration. 9.0707. Prohibited marriages. 9.0708. Declaration of invalidity. 9.0709. Putative spouse. 9.0710. Application. 9.0711. Invalidity of common law marriages). Ch.9.08.Dissolution (9.0801. Application of rules of judicial civil procedure, Title 2 to proceedings under this act. 9.0802. Dissolution of marriage; legal separation. 9.0803. Procedure; commencement; pleadings; abolition of existing defenses. 9.0804. Temporary order or temporary injunction. 9.0805. Irretrievable breakdown. 9.0806. Separation agreement. 9.0807. Disposition of personal property. 9.0808. Maintenance. 9.0809. Child support. 9.0810. Representation of child. 9.0811. Payment of maintenance or support to court. 9.0812. Assignments. 9.0813. Attorneys' fees. 9.0814. Decree. 9.0815. Independence of provisions of decree or temporary order. 9.0816. Modification and termination of provisions for maintenance, support and property disposition). Ch. 9.09. Custody (9.0901. Jurisdiction; commencement of proceedings. 9.0902. Best interest of child. 9.0903. Temporary orders. 9.0904. Interviews. 9.0905. Investigations and reports. 9.0906. Hearings. 9.0907. Visitation. 9.0908. Judicial supervision. 9.0909. Modification. 9.0910. Affidavit practice. 9.0911. Severability). (33 pgs.).
Title 10. Animal and rabies control
Ch. 10.01.Definitions and general provisions (10.0101. Animal defined. 10.0102. Dogs defined. 10.0103. Owner defined. 10.0104. At large defined. 10.0105. Restrained defined. 10.0106. Stray defined. 10.0107. Rabies vaccination defined. 10.108. Service unit director defined. 10.0109. Dog pound defined). Ch.10.02 . Registration of dogs (10.0201. Dogs to be registered. 10.0202. Rabies certificate of vaccination required. 10.0203. Information required on certificate of registration; registration, tags issued and disposition of fees. 10.0204. Expiration of registration certificate and tags. 10.0205. Attaching registration tag without proper registering. 10.0206. Refusal or failure to register or pay impound fee). Ch. 10.03. Impoundment and destruction of dogs (10.0301. Dogs to be seized and impounded; notification of owner; unclaimed dogs. 10.0302. Requirement before release; disposition of service fees. 10.0303. Dogs to be destroyed in humane and sanitary manner). Ch.10.04.Control or rabies infected domestic animals (10.0401. Care and control of dogs or animal known to have bitten a person. 10.0402. Failure of owner to confine dog or other animal. 10.0403. Quarantine of animals; authority to establish period and location. 10.0404. Animals to be confined; responsibility of owners. 10.0405. Requirement for vaccination of animals). Ch.10.05. Penalties (10.0501. Penalties for violation of this Title 10). (4 pgs.).
Title 11. Wills
Ch. 11.01. Succession; descent; wills (11.0101. Succession defined. 11.0102. Intestate. 11.0103. Order of succession. 11.0104. Inheritance by illegitimate children. 11.0105. Inheritance from illegitimate child. 11.0106. Heir takes realty subject to mortgages. 11.0107. Degrees of kindred. 11.0108. Lineal and collateral consanguinity. 11.0109. Ascending and descending lines. 11.0110. Degrees in direct line. 11.0111. Computations of degrees in collateral line. 11.0112. Kindred of half blood inherit. 11.0113. Inheritance by representation. 11.0114. Aliens and non-enrolled individuals may take). Ch.11.02. Wills: execution and revocation (11.0201. How wills must be executed and attested. 11.0202. Who may make dispose of what property. 11.0203. What may be disposed of by will. 11.0204. May be made to anyone except authorized corporation. 11.0205. Codicil; definition of. 11.0206. Will includes codicil. 11.0207. Codicil; effect of. 11.0208. Mutual will. 11.0209. Holographic will. 11.0210. Compliance with what law required. 11.0211. Change of domicile, no effect. 11.0212. Revocation of wills. 11.0213. Cancellation and destruction, how proved. 11.0214. Revocation of subsequent will; effect upon former will. 11.0215. Marriage revokes will, if wife or issue unprovided for. 11.0216. Incumbrance not a revocation. 11.0217. Agreement for sale; no revocation. 11.0218. Revocation revokes codicil. 11.0219. Kindred not mentioned in will who shares estate. 11.0220. Subscribing witness; rights under will. 11.0221. Probate of will not prevented by subsequent incompetency of witness). Ch. 11.03. Wills: interpretation (11.0301. Intention of testator governs. 11.0302. Will excludes all oral declarations. 11.0303. Construed together if several. 11.0304. Distinct devise, not affected by inaccuracies. 11.0305. Ambiguities construed by other references. 11.0306. Words taken in ordinary sense. 11.0307. Every expression given effect. 11.0308. To prevent intestacy. 11.0310. Bequest of residue. 11.0311. When bequest passes to those entitled to succeed. 11.0312. Postpones possession. 11.0313. Class includes all. 11.0314. When real property deemed personal property. 11.315. Unborn child included. 11.0316. Imperfect description corrected without evidence of declaration. 11.0317. Testamentary disposition, on attaining majority, vests at testator's death. 11.0318. Divested only by precise contingency. 11.0319. Interests in remainder unaffected. 11.0320. Conditional disposition defined. 11.0321. Condition precedent. 11.0322. Condition precedent vests on fulfillment, exceptions. 11.0323. When condition precedent deemed performed. 11.0324. Owners in common). Ch. 11.04. Wills: general provisions (11.0401. Legacies classified. 11.0402. Order in which property applies to debts. 11.0403. Income after death. 11.0404. Legacy in fear of death satisfied before death. 11.0405. Who entitled to letters testamentary. 11.0406. Authority to executor, to appoint, void. 11.0407. Powers to executor, before qualifying). Ch. 11.05. Disposition of property of decedent willfully killed (11.0501. Definition of terms. 11.0502. Willful slayer shall not benefit by succession, will or in any way. 11.0503. Disposition of joint property and rights. 11.0504. Protection of bona fide purchasers without notice. 11.0505. Record of conviction admissible to evidence). Ch. 11.06. Simultaneous death law (11.0601. No sufficient evidence of survivorship. 11.0602. Beneficiaries of another person's disposition of property. 11.0603. Joint tenants or tenants by the entirety. 11.0604. Insurance policies. 11.0605. Chapter does not apply if decedent provides otherwise). Ch.11.07. Probate procedure (11.0701. Power of court as to estates. 11.0702. Petition; contents. 11.0703. Notice of hearing on petition. 11.0704. Hearing upon petition. 11.0705. Decision of court. 11.0706. Decree of distribution. 11.0707. Sales may be made when necessary). (16 pgs.).
Title 12. Sales
Ch.12.01. General obligation and construction of contract (12.0101. Formation of contract for sale; in general. 12.0102. General obligations of the parties. 12.0103. Absence of specified place for delivery. 12.0104. Absence of specific time provisions. 12.0105. Price. 12.0106. Delivery in single lot or several lots. 12.0107. Warranty of title and against infringement. 12.0108. Express warranties. 12.0109. Implied warranty of merchantability. 12.0110. Implied warranty of fitness for a particular purpose. 12.0110. Implied warranty of fitness for a particular purpose. 12.0111. Exclusion or modification of warranties. 12.0112. Third party beneficiaries of warranties. 12.0113. Sale by auction). Ch.12.02. Title, creditors, and good faith purchasers (12.0201. Passing of title. 12.0202. Power to transfer; good faith purchaser of goods). Ch. 12.03. Performance (12.0301. Buyer's interest in goods; manner of identification of goods. 12.0302. Manner of seller's tender. 12.0303. Effect of seller's tender. 12.0304. Cure by seller of improper tender or delivery; replacement. 12.0305. Risk of loss in the absence of breach. 12.0306. Effect of breach or risk of loss. 12.0307. Tender of payment by buyer. 12.0308. Buyer's right to inspection of goods. 12.0309. Buyer's rights on improper delivery). Ch. 12.04. Breach, repudiation and excuse (12.0401. Manner and effect of rightful rejection. 12.0402. What constitutes acceptance of goods. 12.0403. Effect of acceptance; notice of breach. 12.0404. Revocation of acceptance. 12.0405. Anticipation repudiation; retraction. 12.0406. Breach of installment contract. 12.0407. Substituted performance). Ch.12.05. Remedies (120501. Seller's remedies in general. 12.0502. Seller's right to identify or salvage goods after breach. 15.0503. Seller's resale. 12.0504. Seller's damages for non-acceptance or repudiation. 12.0505. Action for the price. 12.0506. Buyer's remedies in general. 15.0507. Cover. 15.0508. Buyer's damages for nondelivery or repudiation. 12.0509. Buyer's damages for breach in regard to accepted goods. 12.0510. Buyer's incidental and consequential damages. 12.0511. Buyer's right to specific performance or replevin. 12.0512. Proof of market price; time and place). (19 pgs.).
Title 13. Elections and recall
Ch. 13.01. General purpose statement ([13.0101.]). Ch.13.02. Definitions ([13.0201.]). Ch. 13.03. Voter qualification (13.0301. Voter qualification). Ch. 13.04. Election officials (13.0401. Election Board. 13.0402. Election Committee. 13.0403. Qualifications for Election Board and Election Committee. 13.0404. Removal and replacement Election Board. 13.0405. Oath of Election Board and Election Committee). Ch. 13.05. Duties of election officials (13.0501. Election Board duties before the election. 13.0502. Election Board duties during the election. 13.0503. Election Board duties after the election. 13.0504. Duties of election Board chairperson. 13.0505. Duties of the Election Inspector. 13.0506. Duties of Election Judges. 13.0507. Duties of election clerk(s). 13.0508. Conduct of election officials. 13.0509. Determination and appeal). Ch. 13.06. Notice of intent (13.0601. Notice of intent). Ch. 13.07. Qualifications of candidates for legislative and judicial office (13.0701. Qualifications - Tribal Council. 13.0702. Establishment of qualifications for judicial office. 13.0703. Qualifications - Chief Clerk of Court. 13.0704. Qualifications - associate judge. 13.0705. Qualifications - chief judge). Ch. 13.08. Ballots (13.0801. Names on ballot. 13.0802. Secret ballots. 13.0803. Votes in district, votes at large). Ch.13.09. Absentee ballots (13.0901. Request of absentee ballot. 13.0902. Falsification of absentee voter affidavit. 13.0903. Records). Ch. 13.10. Notice and conduct of elections (13.1001. General election date. 13.1002. Notice of election. 13.1003. Void elections. 13.1004. Watchers. 13.1005. Challenges. 13.1006. Falsification of voter qualification affidavit. 13.1007. Campaigning. 13.1008. Loitering. 13.1009. Polling sites/polling place accessability. 13.1010. Voter disability). Ch.13.11. Determining election winner (13.1101. Determination of election. 13.1102. Recount. 13.1103. Run-off election). Ch. 13.12. Recall, removal and referendum (13.1201. Purpose. 13.1202. Recall of district official. 13.1203. Recall of at-large official. 13.1204. Recall, referendum and constitutional amendment. 13.1205. Presentation of petitions for recall, referendum and constitutional amendment. 13.1206. Notice of recall, referendum or constitutional amendment election. 13.1207. Vacancy in office). Ch. 13.13. Certification and installation of newly elected officers (13.1301. Certification of election results. 13.1302. Oath of office. 13.1303. Seating of office). Communication dated November 13, 1996. Resolution Number TM456-11-96. Communication dated November 26, 1996. Resolution Number TMBC1137-10-98. Resolution Number TMBC1104-09-98. Resolution Number TMBC1101-09-98. (85 pgs.).
Title 14. Housing authority
Ch. 14.01. Declaration of need (14.0101. Declaration of need. 14.0102. Purposes). Ch. 14.02. Definitions (14.0201. Definitions). Ch.14.03. Organization (14.0301. Appointment of board members. 14.0302. Term of office. 14.0303. Officers. 14.0304. Removal. 14.0305. Compensation. 14.0306. Meetings. 14.0307. Minutes of meetings. 14.0308. Financial records). Ch. 14.04. Powers (14.0401. Authority. 14.0402. Corporate seal. 14.0403. Contracts and agreements. 14.0404. Wages. 14.0405. Conveyance to Federal government. 14.0406. Negotiate leases. 14.0407. Borrow money. 14.0408. Mortgage property. 14.0409. Acquire land. 14.0410. Conduct research. 14.0411. Investment of funds. 14.0412. Banking of funds. 14.0413. Staff. 14.0414. Income limits. 14.0415. Eviction. 14.0416. Other). Ch. 14.05. Bonds (14.0501. Issuance of bonds. 14.0502. Liability. 14.0503. Tax. 14.0504. Sale procedure. 14.0505. Bonds of the authority shall be fully negotiable. 14.0506. Administration of bonds). Ch.14.06. Miscellaneous (14.0601. Reports. 14.0602. Conflict of interests. 14.0603. Construction codes. 14.0604. Liens or judgements. 14.0605. Fidelity bond). Ch.14.07. Cooperation in connection with projects (14.0701. Cooperation in connection with projects. 14.0702. Sovereign immunity). Ch. 14.08. Approval by Secretary of the Interior (14.0801. Financial assistance). Communication dated September 13, 1996. Memorandum dated Sep 23 1996. (27 pgs.).
Title 15. Construction codes and standards
Ch.15.01. Zoning (15.0101. Townsites). Ch. 15.02. Building and construction (15.0201. Foundation. 15.0202. Material quality. 15.0203. Location. 15.0204. Footings. 15.0205. Access. 15.0206. Joists. 150107. Flooring. 15.0208. Walls. 15.0209. Windows. 15.0210. Shingles. 15.0211. Doors. 15.0212. Space. 15.0213. Chimneys. 15.0214. Plumbing and sewage. 15.0215. Electricity. 15.0216. Log buildings. 15.0217. Fencing. 15.0218. Trailer houses. 15.0219. Housing code. 15.0220. Consideration). (3 pgs.).
Title 16. Sanitation
Ch. 16.01. Definitions (16.0101. Health Board official. 16.0102. Individual sewage disposal system. 16.0103. Refuse disposal system. 16.0104. Refuse. 16.0105. Refuse containers. 16.0106. Permit. 16.0107. Person). Ch. 16.02 . Requirements for sewage disposal systems (16.0201. Health Board to establish minimum standard. 16.0202. Drainage requirements. 16.0203. Location of septic tanks and drainage fields. 16.0204. Pumping of drainage fields or septic tanks. 16.0205. Lot sizes for individual water and waste disposal systems. 16.0206. Location of water wells from septic tanks and disposal fields). Ch. 16.03. Permits for individual sewage disposal systems (16.0301. Construct, alter or extending sewage systems. 16.0302. Applications for permits, to whom made. 16.0303. Permit may be refused, when. 16.0304. Information to be included in application. 16.0305. Plan to be issued by health board). Ch. 16.04. Requirements for waste disposal systems (16.0401. Health Board to promulgate regulations for refuse systems. 16.0402. Utility established. 16.0403. Collection of refuse. 16.0404. Storage of refuse. 16.0405. Hauling and disposing of refuse. 16.0406. Require services of waste collection and disposal. 16.0407. Requirements for sanitary landfills. 16.0408. Throwing of refuse in streets, roads, and highways, etc. prohibited). Ch. 16.05. Inspections (16.0501. Who to make inspections. 16.0502. Owner or occupant to give access). Ch. 16.06. Penalties (16.0601. Penalties for violation of Title 16 of this code). Ch. 16.07. Food service sanitation (16.0701. Purpose). Ch.16.08. Definitions (16.0801. Definitions). Ch. 16.09. Food 16.0901.
Food supplies. 16.0902. Food protection). Ch. 16.10. Personnel (16.1001. Health and disease control. 16.1002. Cleanliness). Ch. 16.11. Food equipment and utensils (16.1101. Sanitary design, construction and installation of equipment and utensils. 16.1102. Cleanliness of equipment and utensils). Ch. 16.12. Sanitary facilities and controls (16.1201. Water supply. 16.0202. Sewage disposal. 16.1203. Plumbing. 6.1204. Toilet facilities. 6.1205. Hand-washing facilities. 16.1206. Garbage and rubbish disposal. 16.1207. Vermin control). Ch. 16.13. Other facilities and operations (16.1301. Floors, walls and ceilings. 16.1302. Lighting. 16.1303. Ventilation. 16.1304. Dressing rooms and lockers. 16.1305. Housekeeping). Ch. 16.14. Temporary food service establishments (16.1401. Compliance). Ch. 16.15. Enforcement provisions (16.1501. Permit. 16.1502. Inspection of food-service establishments. 16.1503. Examination and condemnation of food. 16.1504. Food-service establishments outside jurisdiction of the health authority. 16.1505. Plan review of future construction. 16.1506. Procedure when infection is suspected. 16.1507. Enforcement interpretation). Ch. 16.16. Penalties (16.1601. Penalties for violations. 16.1602. Unconstitutionality clauses). Ch.16.17.Turtle Mountain Health Board (16.1701. Name. 16.1702. Authority. 16.1703. Purpose and objectives). Ch. 16.18. Definitions (16.1801. Definitions). Ch. 16.19. Composition of the board (16.1901. Composition of the board). Ch. 16.20. Membership (16.2001. Membership. 16.2002. Permanent or appointed members allowed to vote. 16.2003. Registration. 16.2004. Removal for cause. 16.2005. Membership not transferable or assignable. 16.2006. Term. 16.2007. One-year term. 16.2008. Vacancies by resignation, removal for cause, or death by permanent member. 16.2009. Vacancies by resignation, removal for cause, or death of appointed member. 16.2010. Vacancy of director). Ch. 16.21. Meetings (16.2101. Regular meetings. 16.2102. Special meetings. 16.2103. Quorum necessary. 16.2104. Vote by six members necessary. 16.2105. Written notice of meeting. 16.2106. Voting by proxy. 16.2107. Members subject to removal; cause). Ch. 16.22. Officers (16.2201. Election of officers. 16.2202. Chairman to preside. 16.2203. Chairman to report. 16.2204. Secretary's duties. 16.2205. Treasurer's duties. 16.2206. Treasurer to report. 16.2207. Terms of office. 16.2208. Election of officers, when). Ch. 16.23. Special committees (16.2301. Special committees). Ch. 16.24. Fiscal year (16.2401. Fiscal year). Ch. 16.25. Per diem and travel (16.2501. Per diem and travel). Ch.16.26. Finance (16.2601. Operation from funds raised or donated. 16.2602. Disbursements; checking account. 16.2603. Checks require two signatures). Ch. 16.27. Advisory Committee (16.2701. Advisory Committee). (34 pgs.).
Title 17. Counseling and Rehabilitation Board
Ch. 17.01. Definitions (17.0101. Definitions). Ch. 17.02. Organization (17.0201. Appointment of board members. 17.0202. Term of office. 17.0203. Officers. 17.0204. Removal. 17.0205. Compensation. 17.0206. Meetings. 17.0207. Minutes of meetings. 17.0208. Financial records. 17.0209. General provisions). Ch. 17.03. Powers and duties (17.0301. Duties of the Board. 17.0302. Annual reports. 17.0303. Interim reports. 17.0304. Board may contract for services of other agencies; training of personnel. 17.0305. Facilities for treatment of alcoholism. 17.0306. Authority to sue. 17.0307. Lease property. 17.0308. Borrow money. 17.0309. Pledge property. 17.0310. Insurance. 17.0311. Investment of funds). Ch.17.04. Treatment (17.0401. Voluntary admission for treatment. 17.0402. Rules and regulations. 17.0403. Civil rights; records confidential. 17.0404. Reimbursement for treatment). Ch. 17.05. Management of funds (17.0501. Accounts. 17.0502. Deposit of funds. 17.0503. Violations of provisions of this chapter (Indian). 17.0504. Violations of provisions of this chapter (non-Indians). (6 pgs.).
Title 18. Business regulations and licenses
Ch. 18.01. Administration and enforcement (18.0101. General. 18.0102. Regulatory license. 18.0103. Business license. 18.0104. License: application. 18.0105. License: granting. 18.0106. Persons engaging in more than one business. 18.0107. Jurisdiction. 18.0108. License, term. 18.0109. Transacting a business without a license. 18.0110. Complying with laws and regulations. 18.0111. Licenses: not transferable. 18.0112. Licenses: revocation. 18.0113. Licenses: posting of. 18.0114. Licenses: enforcement. 18.0115. License fees - deposition of. 18.0116. Violations: criminal: Indian. 18.0117. Violations: punishment: persons not subject to Turtle Mountain criminal jurisdiction.18.0118. Civil penalty. 18.0119. License fees. 18.0120. Authorization for inspection of customer records). Ch. 18.02. Definitions (18.0121. Definitions. 18.0122. Bond. 18.0123. Contractor). Ch. 18.05. Licensure and regulation of child care centers (18.0124. Purpose and definition. 18.0125. Application for licensure. 18.0126. Review of application. 18.0127. Unrestricted child care centers. 18.0128. Provisional license. 18.0129. Rights of provisional licensee. 18.0130. Minimum qualifications and duties of the operator of a child care center. 18.0131. Minimum requirements for care givers employed in a licensed child care center. 18.0132. Minimum standards for records maintained by center on children enrolled in center. 18.0133. Emergency plan requirements. 18.0134. Sanitation and safety requirements. 18.0135. Minimum standards for food and nutrition. 18.0136. Other regulations. 18.0137. Revocation of a child care license). (34 pgs.).
Title 19. Alcoholic beverage controls
Ch. 19.01. General provisions (19.0101. Definitions. 19.0102. Exceptions. 19.0103. License required. 19.0104. License; term of. 19.0105. License; classes of. 19.0106. License; lodges or clubs. 19.0107. License; qualifications for. 19.0108. License; application for. 19.0109. License; applicant of fitness. 19.0110. License; limit to one applicant. 19.0111. License; limit of number. 19.0112. License; location of. 19.0113. License; posting of. 19.0114. License; transfer of. 19.0115. License fees; disposition of. 19.0116. Hours and time of sale. 19.0017. Licensee's responsibility. 19.0118. Cashing certain checks prohibited. 19.0119. Sales prohibited; items. 19.0120. Sales prohibited; persons. 19.0121. Minors in licensed premises. 19.0122. Age identification. 19.0123. Street sales prohibited. 19.0124. Premises, equipment of. 19.0125. Closed of screened areas. 19.0126. Purchase from licensed wholesaler. 19.0127. Toilets required. 19.0128. Bottle clubs. 19.0129. Deliveries; off licensed premises. 19.0130. Termination or revocation of licenses. 19.0131. Persons less than twenty-one years prohibited; exceptions. 19.0132. Violation of provisions of this chapter (Indian). 19.0133. Violations of provisions of this chapter (non-Indian)). (11 pgs.).
Title 20. Recreational development authority
Ch. 20.01. Purpose (20.0101. Purpose). Ch. 20.02. Organization (20.0201. Management of authority and appointment of board members. 20.0202. Composition and terms of original Board Commissioners. 20.0203. Terms of Board of Commissioners. 20.0205. Compensation and reimbursement of board members. 20.0206. Quorum required for transaction of business. 20.0207. Duties of the Secretary-Treasurer. 20.0208. Authority of board. 20.0209. Meetings, who to call and when). Ch.20.03. Powers (20.0301. Powers). Ch. 20.04. Dissolution (20.0401. Dissolution). (3 pgs.).
Title 22. Administrative procedure
Ch. 22.01. General provisions. Ch. 22.02. Findings. 22.03. Definitions. Ch. 22.04. Information and privacy. Ch. 22.05. Rulemaking. Ch. 22.06. Requisites for validity. Ch. 22.07. Petition for adoption, amendment, or repeal of a rule. Ch. 22.08. Filing and dissemination. Ch. 22.09. Tribal Council review of a rule recommended by an affected agency. Ch. 22.10. Hearing officers. Ch. 22.11. Adjudications. Ch. 22.12. Severability. (18 pgs.).
Title 26. Offenses and penalties
Ch. 26.01. General purposes ([26.0101.]). Ch. 26.02. Proof and presumptions ([26.0201.]). Ch. 26.03. General definitions ([26.0301.]). Ch. 26.04. Requirements of culpability ([26.0401.]). Ch. 26.06. Justification, excuse, defenses (26.0501. Ignorance of law. 26.0502. Mistake of law. 26.0503. Insanity of mentally incapacity as a defense. 26.0504. Intoxication. 26.0505. Juvenile prosecution. 26.0506. Self defense. 26.0507. Defense of others. 26.0508. Justification. 26.0509. Duress. 26.0510. Entrapment). Ch. 26.06. Sentence and penalties and classification of offenses (26.0601. Classification of offenses - penalties. 26.0602. Penalty for repeated offenses. 26.0603. Allowance for time served. 26.0604. Restitution and payment of costs of prosecution. 26.0605. Alternative sentences. 26.0606. Reasons for sentence to be explained). Ch. 26.07. Parole, probation, pardon. Parole (26.0701. Eligibility of parole. 26.0702. Granting parole. 26.0703. Violation of parole. 26.0704. Conditions of probation. 26.0705. Violation of conditions of probation). Pardon or reprieve (26.0706. Application for pardon or reprieve of sentence. 26.0707. Board of pardons). Ch. 26.08. Prevention of crime (26.0801. Lawful resistence by private persons. 26.0802. Private individuals, justification of actions. 26.0803. Preserving the peace at public gatherings). Ch. 26.09. Attempt and accomplice (26.0901. Attempt. 26.0902. Withdrawal. 26.0903. Penalty for attempt. 26.0904. Accomplices). Ch. 26.10. Homicide (26.1001. Murder. 26.1002. Manslaughter. 26.1003. Negligent homicide). Ch. 26.11. Offenses against Turtle Mountain Band of Chippewa Indians or any agency, organization thereof (26.1101. Conspiracy. 26.1102. Contempt of court. 26.1103. Contributing to the delinquency of a juvenile. 26.1104. Cruelty to animals. 26.1105. Disturbing lawful meetings. 26.1106. Election tampering. 26.1107. Escape. 26.1108. Failure to support dependent persons and abandonment. 26.1109. Failure to send children to school. 26.1110. False arrest. 26.1111. Forgery. 26.1112. Injury to public peace. 26.1113. Killing of an animal and leave it lay. 26.1114. Littering. 26.1115. Malicious prosecution. 26.1116. Operating a dance hall for public social dances and other activities. 26.1117. Perjury. 26.1118. Protection of law enforcement officials of the Turtle Mountain jurisdiction. 26.1119. Protection of tribal officials and employees of the Turtle Mountain Band of Chippewa Indians. 26.1120. Refusing to aid officer. 26.1121. Resisting lawful arrest. 26.1122. Unlawful assembly. 26.1123. Party line-refusal to surrender-emergency. 26.1124. Zero alcohol tolerance. 26.1125. Regulation on the sale and use of tobacco products by minors). Ch. 26.12. Sexual offenses (26.1201. General provisions. 26.1202. Definitions. 26.1203. Bigamy. 26.1204. Giving venereal disease to another. 26.1205. Gross sexual imposition. 26.1206. HIV and/or AIDS. 26.1207. Incest. 26.1208. Indecent exposure. 26.1209. Prostitution. 26.1210. Facilitation of sexual favors. 26.1211. Sexual act with incapacitated person). Ch. 26.13. Violence (26.1301. Abduction. 26.1302. Abduction by parents. 26.1303. Kidnapping. 26.1304. Assault. 26.1305. Assault & battery. 26.1306. Assault, resulting in serious bodily injury, or with a dangerous weapon. 26.1307. Disorderly conduct. 26.1308. Failure to disperse. 26.1309. Reckless endangerment. 26.1310. Riots. 26.1311. Threat or intimidation). Ch. 26.14. Domestic violence (26.1401. Purpose. 26.14.02. Definitions. 26.1403. Crime of domestic abuse. 26.1404. Mandatory arrest. 26.1405. 12 to 72 hour hold. 26.1406. Filing of complaint. 26.1407. Liability of law enforcement officers. 26.1408. Notice of rights for victims. 26.1409. Written report. 26.1410. Penalties. 26.1411. Reporting statistics). Ch. 26.15. Profitable crimes (26.1501. Bribery. 26.1502. Burglary. 26.1503. Disposing of property of an estate. 26.1504. Drawing or uttering instrument on bank without funds or credit. 26.1505. Embezzlement. 26.1506. Extortion. 26.1507. Fraud. 26.1508. Misbranding. 26.1509. Operation of motor vehicle without consent of owner. 26.1510. Robbery. 26.1511. Dealing in stolen property. 26.1512. Shoplifting. 26.1513. Theft. 26.1514. Theft of television services). Ch. 26.16. Destruction of public and private property (26.1601. Cutting green timber without a permit. 26.1602. Damage to public property. 26.1603. Malicious mischief. 26.1604. Maintaining a public nuisance). Ch. 26.17. Trespassing (26.1701. Forcible entry or detainer of lands, buildings or other possessions. 26.1702. Trespass. 26.1703. Trespass at lakes). Ch. 26.18. Drug and alcohol related crimes (26.1801. Marijuana. 26.1802. Narcotics and dangerous drugs. 26.1803. Regulating the sale of alcoholic beverages). Ch. 26.19. Unlawful possession or use of weapon (26.1900. General penalty. 26.1901. General definitions. 26.1902. Persons prohibited from possessing firearms. 26.1903. Sale of handgun regulated. 26.1904. Possession of sale of short-barreled rifle or shotgun. 26.1905. Possession of firearm or dangerous weapon in liquor establishment or gambling site. 26.1906. Possession of a firearm at a public gathering. 26.1907. Discharge of firearm within five hundred (500) yards of an occupied structure. 26.1908. Use of firearm by certain minors prohibited. 26.1909. Illegal firearms, ammunition, or explosive materials business. 26.1910. Carrying loaded firearm in vehicle. 26.1911. Possessing explosive prohibited. 26.1912. Forfeiture of dangerous weapons or firearm by person arrested and convicted of crime. 26.1913. Prohibited alterations in weapons). Handguns (26.1914. Carrying handgun-restrictions-exceptions). 26.1915. Copy of federal license submitted to law enforcement officials. 26.1916. False information prohibited). Concealed weapons (26.1917. Definition of concealed. 26.1918. Carrying concealed firearms or dangerous weapons prohibited. 26.1919. License to carry a firearm or dangerous weapon concealed. 26.1920. Producing licnese on demand). Ch. 26.20. Fires, regulations, and penalties (26.2001. Setting fires. 26.2002. Testifying falsely at investigation of fire. 26.2003. Misconduct at fires. 26.2004. False alarm. 26.2005. Arson. 26.2006. Endangering by fire or explosion. 26.2007. Failure to control or report a dangerous fire. 26.2008. Negligent act resulting in fire). (44 pgs.).
Title 27. Leasehold mortgage of Tribal Trust Land
Ch. 27.01. General purpose statement (27.0101. Purpose). Ch. 27.02. Definitions (27.0201. Definitions). Ch. 27.03. Priority (27.0301. Priority). Ch. 27.04. Recording (27.04. Recording). Ch. 27.05. Leasehold mortgage foreclosure proceedings (27.0501. Leasehold mortgage foreclosure proceedings. 27.0502. Service of process and procedures. 27.0503. Cure of default by subordinate lienholder. 27.0504. Power of Tribal Court. 27.0505. Injunction to restrain injury to property). Ch. 27.06. Leasehold mortgage eviction procedures (27.0601. Jurisdiction. 27.0602. Unlawful detainer. 27.0603. Procedures for service of notice. 27.0604. Complaint and summons. 27.0605. Service of summons and complaint. 27.0606. Power of the Tribal Court. 27.0607. Enforcement. 27.0608. Continuances in cases involving the mortgage. 27.0609. Alternative remedies). Ch. 27.07. Limited waiver of immunity. Resolution Number TM396-08-96. Resolution Number TMBC236-03-07. Resolution Number TMBC456-08-97. Memorandum dated Sep 18 1997. Communication dated September 3, 1997. Memorandum dated Sep 16 1997. (42 pgs.).
TERO [Tribal Employment Rights Ordinance]
Section 1. General provisions and purpose (1.1. Name. 1.2. Findings). Section 2. Definitions ([2.1.]. 2.2. Chairman. 2.3. Commission. 2.4. Commissioner. 2.5. Union. 2.6. Council. 2.7. TERO director. 2.7A. TERO. 2.8. EEOC [Equal Employment Opportunities Commission]. 2.9. Employer. 2.10. Engaged in business on the reservation. 2.11. Indian. 2.12. Residence. 2.13. Indian-owned business. 2.14. Located on the reservation. 2.15. OFCCP [Office of Federal Contract Compliance Programs]. 2.16. Reservation. 2.17. Secretary. 2.18. Key position. 2.20. MBE/WBE [Minority Business Enterprises/Women's Business Enterprises]. 2.21. Informal dispute resolution). Section 3. Turtle Mountain Chippewa Tribal Employment Rights Commission (3.1. Appointment. 3.2. Term of office. 3.3. Removal from office. 3.4. Vacancy and interim appointment. 3.5. Chairman. 3.6. Duties of Commission. 3.7. Powers of Commission). Section 4. Turtle Mountain Chippewa Tribal Employment Rights Program (4.1. Coverage. 4.2. Contractors, subcontractors, and minority business. 4.3. Minimum numerical goals and timetables for Indian employment. 4.4. Training. 4.5. Qualifications and personnel requirements. 4.6. Tribal hiring hall. 4.7. Counselling and support programs. 4.8. Preference in contracting and subcontracting. 4.9. Lay-offs. 4.10. Promotion. 4.11. Summer students). Section 5. Fee assessment to provide tribal revenue and operation of the Commission pursuant to Article 9, Section 3 and 4 of the Turtle Mountain Band of Chippewa Indian constitution (5.1. Contractors, subcontractors and minority businesses. 5.2. Accounting. 5.3. Tribal business license). Section 6. Compliance by unions (6.1. Contents of union agreements. 6.2. Model union agreement. 6.3. Recognition of unions. 6.4. No waiver of sovereign immunity). Section 7. Complaints and hearings (7.1. Notice. 7.2. Commission complaint and procedure. 7.3. Individual complaint procedure. 7.4. Employer or union complaint procedure. 7.5. Hearing procedure). Section 8. Penalties for violation. Section 9. Appeals. Section 10. Tribal training programs. Section 11. Publication for ordinance. Section 12. Compliance plan. Section 13. Reporting and on-site inspection. Section 14. Tribal minimum wage scale. Section 15. Severability. Section 16. Relation to federal Indian preference requirements. Section 17. Special TERO rules for large tribal construction projects. Section 18. Effective date. Communication dated May 2, 1997. Resolution Number TMBC291-04-97. Communication dated April 24, 1997. (58 pgs.).
Code of ethics: available from TMCC website.
Article I. General duties and responsibilities ([Sections 1-2]). Article II. Violations of tribal constitutional law and policies ([Sections 1-2]). Article III. Procedure for bringing charges or improper conduct or cause for removal. Article IV. Cause for immediate suspension from and possible forfeiture of office or employment. Article V. Applicability of referendum and recall (Severability). (5 pgs.).
Tribal Revisions which are not already found in the Code
Resolution Number TMBC488-09-97 (1 pg.). Resolution Number TMBC580-11-97 (1 pg.). Resolution Number TMBC1220-12-98 (1 pg.). Resolution Number TMBC1336-04-99. (1 pg.).