Statutes | Kalispel Tribe Law and Order Code ยง 27-8.03 | 2020

(1) The Tribal Court may accept or decline transfers from other states or tribal courts involving matters covered under this Chapter. The Court may give recognition to state and other tribes court orders as a matter of comity if the court granting the order had jurisdiction over the case and the order does not violate the public policy of the Kalispel Tribe of Indians.
(2) In general, the Tribal Court may transfer a case to another court or jurisdiction only when the Tribal Court has no jurisdiction over the case, or if compelling reasons exist for transferring the case.
(3) Any transfer from Tribal Court to another court shall be in accordance with the following procedures:
            (A) A petition must be filed with the Tribal Court which includes 1) the name, date of birth, address, and tribal affiliation of the Elder or Vulnerable Adult, and 2) a sworn statement of facts describing the reasons the transfer should be granted.
            (B) A transfer hearing shall be held within 10 days of receipt of the petition by the Tribal Court. Written notice of the time, place and purpose of the hearing is to be given to the person at least 3 days before the hearing.
(4) The Tribal Court must consider the following when determining whether to transfer a case to another court or jurisdiction:
            (A) The wishes of the Elder or Vulnerable Adult, if it appears to the Tribal Court that the Elder or Vulnerable Adult is able to understand the consequences of the transfer
            (B) The wishes of the caretaker, or guardian
            (C) The wishes of the immediate and extended family members
            (D) The recommendation of tribal law enforcement and of tribal health and Elder and Vulnerable Adult Services staff
            (E) The tribal affiliation of each party
            (F) The residence of each party
            (G) The type and duration of contacts the Elder and Vulnerable Adult and the Elders or Vulnerable Adults family members have with each community involved and
            (H) Whether another tribe (if involved) has responded to the Tribal Courts notice of the proceedings.
(6) The Tribal Court may make such orders as are necessary to protect the Elder or Vulnerable Adult, and to retain jurisdiction over the Elder or Vulnerable Adult, pending the outcome of any transfer proceedings.