Statutes | Cherokee Chapter 7B Article 1 ยง 7B-200 | 2019
(a)
The Cherokee Court has exclusive, original jurisdiction over any case involving a child who resides on the EBCI trust lands and is alleged to be maltreated or over cases where the alleged maltreatment occurred on the EBCI trust lands. This jurisdiction does not extend to cases involving adult defendants alleged to be guilty of crimes of abuse or neglect. The Court also has exclusive original jurisdiction of the following proceedings:
(1)
Proceedings pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq. (1978).
(2)
Proceedings involving judicial consent for emergency surgical, medical or behavioral treatment including procedures pursuant to C.C. chapter 7A, article VI, for a child when the childs parent, guardian, custodian, or caretaker refuses to consent for treatments or services to be rendered.
(3)
Proceedings to determine whether a child should be emancipated.
(4)
Proceedings to terminate, suspend or reinstate parental rights.
(5)
Proceedings to review the placement of a child in foster care pursuant to an agreement between the childs parents or guardian and the Tribe.
(6)
Proceedings in which a person is alleged to have obstructed or interfered with an investigation required under C.C. section 7B-303.
(7)
Petitions for reinstatement or appeal under article 12 of this chapter.
(b)
The Court shall have jurisdiction over the parent, guardian, custodian, or caretaker of a child who has been adjudicated as maltreated due to being abused, neglected, drug endangered or dependent, provided the parent, guardian, custodian, or caretaker has (i) been properly served with summons pursuant to C.C. § 7B-406, (ii) waived service of process, or (iii) automatically becomes a party pursuant to C.C. § 7B-401.1(c) or (d). All parties shall be subject to orders of the Court specific to dispositional services and conditions required for child safety and wellbeing.
(c)
When the Court obtains jurisdiction over a child as the result of a petition alleging that the child is maltreated:
(1)
Any other civil action in Cherokee Court in which the custody of the child is an issue is automatically stayed as to that issue, unless the proceeding and the civil custody action or claim are consolidated pursuant to subsection (d) of this section or the Court in the proceeding enters an order dissolving the stay.
(2)
If an order entered in the child maltreatment proceeding and an order entered in another civil custody action conflict, the order in the proceeding pursuant to this chapter controls as long as the Court continues to exercise jurisdiction in such proceeding.
(A)
Where a civil custody action is in place or pending in the jurisdiction of the State of North Carolina, article 2 of N.C.G.S. Chapter 50A shall be utilized to promote efficiency and communication between the Courts with the best interests of the child being of paramount concern.
(3)
If the Court terminates jurisdiction then procedures in C.C. section 7B-910 shall apply, unless for good cause shown, the Court finds in its discretion that no civil child custody order is necessary.
(d)
Notwithstanding provisions in the Cherokee Code governing actions or proceedings for custody as a civil action or support involving annulment, divorce or alimony, the Court in a proceeding pursuant to this chapter may order that any civil action or claim for custody filed in another case in the Cherokee Court be suspended pending the outcome of proceedings under this chapter or consolidated with the proceeding under this chapter.
(e)
The Cherokee Court is empowered to assert jurisdiction over children who have come under the jurisdiction of a Court outside that of the Cherokee Court and whose cases have been transferred to the Cherokee Court or those in which the Tribe is authorized to intervene or assert rights pursuant to the applicable provisions of the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., the Uniform Child Custody Jurisdiction and Enforcement Act, N.C.G.S. § 50A Article 2, the Adoption and Safe Families Act, 42 U.S.C. § 671 et seq. and the Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A.
(Ord. No. 524 , 7-17-2015)