Statutes | Kenaitze Indian Domestic Relations Code Chapter 1 ยง 2 | 2020
The Kenaitze Tribal Government regulates domestic relations matters under the authority of its inherent sovereign powers as a federally recognized Indian tribe, under any additional new powers so delegated by Congress, under unwritten tribal law, under the Constitution of the Kenaitze Indian Tribe, and under written tribal ordinances. The Kenaitze Tribal Court shall have the authority to hear and decide all matters under this Code when one or more of the parties in a case are tribal members or are eligible for membership in the Kenaitze Indian Tribe or when the health, safety, or welfare of the tribal members or other residents is affected. Territorial jurisdiction shall not be a factor in establishing jurisdiction under this Code.
A. Jurisdiction over Childrens Matters
1. In General. The Kenaitze Tribal Court shall have the authority to make decisions about matters involving children when the children are members or are eligible for membership in the Kenaitze Indian Tribe when one or more of the parties in a case are tribal members or are eligible for membership in the Kenaitze Indian Tribe or when the health, safety, or welfare of the tribal members or other residents is affected. Territorial jurisdiction shall not be a factor in establishing jurisdiction under this Code.
2. Exclusive jurisdiction cases. Once the Tribe exercises its jurisdiction in a child welfare case, the Tribe acquires exclusive jurisdiction over all aspects of the case as a matter of tribal law. Upon filing of a complaint or petition under this Code or transfer of a child custody proceeding to this Court, the child who is the subject of the proceeding becomes a ward of the Tribal Court, and remains so until the case is dismissed or concluded, or until the Tribal Court gives authority to another government or another court by Tribal Court Order.
3. Emergency jurisdiction over non-Tribal children. Where a child who is not a tribal member or eligible for membership in the tribe, is physically present on Tribal Territory and is faced with potential abuse or neglect and it appears that no other court is in a position to intervene within the necessary time frame, the Tribal Court may exercise temporary emergency jurisdiction as necessary to protect the child. Such jurisdiction will not be exclusive and will protect the child only for such time as is necessary for the matter to be brought to the attention of a court that has full jurisdiction over the child.
4. Concurrent jurisdiction cases. If the child is a member of or eligible for membership in more than one tribe, the Kenaitze Tribal Court shall make efforts to communicate with the other tribe or tribes so that, if that tribe is also going to assert jurisdiction, a cooperative jurisdictional arrangement can be explored. If information is provided to the court to the effect that a state court case was already pending in state court at the time the Tribal Court case was filed, the Tribal Court shall make efforts to communicate with the state court to work out any jurisdictional issues.
5. Jurisdiction not based on territory. The Kenaitze Tribal Court has the authority to hear and decide childrens cases involving tribal members or children eligible for tribal membership even if the children do not live within their Territory.