Statutes | 10 GTBC ยง 106 | 2020
(a) State Court Orders. State child custody orders involving children over whom the Children&rsquos Court may assert jurisdiction must be enforced whenever those orders comport with MCR 2.615, MCLA 722.1100 et seq. and the Children&rsquos Court has conducted an independent review of such state proceedings to determine if:
(1) The State Court has properly assumed jurisdiction over the child and
(2) The provisions of the Indian Child Welfare Act, 25 U.S.C. § 1901 1963, were properly executed and
(3) Due process was provided to all interested parties participating in the state proceeding and
(4) The state court proceeding does not violate the public policies, customs or common law of the tribe.
(b) Court Orders of Other Tribal Courts. Orders of other tribal courts involving children over whom the Children&rsquos Court may assert jurisdiction shall be enforced by the Children&rsquos Court after the Court has determined:
(1) That the other tribal court exercised proper subject matter and personal jurisdiction over the parties and
(2) Due process was provided to all interested parties participating in the other tribal court proceeding.
(c) Tribal Interest. Because of the vital interest of the GTB in its member children and those children who may become members, the statutes, regulations, public policies, customs and common law of the GTB shall control in any Children&rsquos Court proceeding involving an Indian Child as defined herein.
History: Revised Children&rsquos Code, adopted by Tribal Council on January 13, 1999 as amended by Tribal Council October 1, 1999 as amended by Tribal Act #05-23.1603 enacted by Tribal Act #05-23.1603 enacted by Tribal Council on March 29, 2006.