Statutes | Cherokee Code Part II Chapter 7A Article I ยง 7A-3 | 2019
The Cherokee Court has exclusive, original jurisdiction over any case involving an Indian juvenile who, regardless of whether he or she is domiciled within the territory of the Eastern Band of Cherokee Indians, is alleged to have committed a delinquent, undisciplined or unlawful act within the territory of the Tribe. In addition, the Cherokee Court has jurisdiction over the parent, guardian, or custodian of a juvenile who is under the jurisdiction of the court pursuant to this section if the parent, guardian, or custodian has been served with a summons pursuant to section 7A-18. For purposes of determining jurisdiction, the age of the juvenile at the time of the alleged offense governs. For juveniles alleged to have committed a delinquent, undisciplined or unlawful act within the territory of the Tribe, the minimum age is six years of age. The court also has exclusive original jurisdiction of the following proceedings:
(1) Proceedings to determine jurisdiction
(2) Proceedings to determine whether the juvenile is within the jurisdiction of the court
(3) Proceedings to determine whether the facts alleged constitute a delinquent or undisciplined offense
(4) Proceedings to determine whether the facts are sufficiently serious to warrant court action
(5) Proceedings to obtain assistance from community resources when court action is not necessary
(6) Proceedings to determine whether a juvenile who is on conditional release and under after-care supervision of the court counselor has violated the terms of his conditional release
(7) Hearing procedures
(8) Proceedings for expunction of records of juveniles adjudicated delinquent or undisciplined.
(Ord. No. 289, 7-17-2000 Ord. No. 154, 6-28-2004)