Statutes | 10 GTBC ยง 105 | 2020
(a) Receipt of Notice. The presenting officer shall be the agent for service of notice of the state court child custody proceedings, as required by the Indian Child Welfare Act.
(b) Intervention. The presenting officer shall file a motion to intervene with the state court within five (5) days of receipt of notice upon certification by the GTB Membership Office that the child is an &ldquoIndian Child&rdquo pursuant to the Indian Child Welfare Act. Whenever possible, the presiding officer or a member of AFS will attend critical hearings either in person or upon appropriate motion, telephonically.
(c) Investigation and Pre-Transfer Report. A trained and qualified Child Protection Worker shall investigate and assess all Notifications of ICWA proceedings and file a written report to the presenting officer. The presenting officer will use the report in determining levels of intervention and whether or not to seek transfer of jurisdiction to tribal court.
(d) (Reserved)
(e) Decision to Transfer. AFS Child Protection Worker shall make recommendations to the presenting officer regarding whether or not the Tribe should initiate transfer of jurisdiction to tribal court or to support a Motion for Transfer from state court. When determining if and when a Motion to Transfer Jurisdiction to Tribal Court is appropriate, the presenting officer shall consider:
(1) The best interests of the child
(2) The best interests of the Tribe
(3) Availability of services for the child and his or her family
(4) Prospects for permanent placement of the child and
(5) Conservation of tribal resources.
(f) Notice to Court. If the presenting officer seeks transfer of jurisdiction to GTB Children&rsquos Court, the presenting officer shall advise the Tribal Court of the intent to file or support a Motion for Transfer, indicating the County from which transfer will be sought.
(g) Tribal Court Hearing. The Children&rsquos Court may conduct a hearing to determine if the Court should accept transfer after a petition for transfer has been filed with the state court or immediately upon receipt of service of a Motion to Transfer Jurisdiction filed by any party in interest. The Tribal Court shall consider the following factors:
(1) The best interests of the child
(2) The best interests of the Tribe
(3) Availability of services for the child and his or her family
(4) Prospects for permanent placement for the child and
(5) Conservation of tribal resources.
(6) The family&rsquos ties to the GTB or other Indian community
(h) The Tribal Court has sole discretion to accept or deny transfers of jurisdiction from State courts. A Judge may accept transfer of jurisdiction without hearing when exigent circumstances are presented in an ex parte motion and indicate that the best interest of the child and GTB will be clearly served best by immediate transfer of jurisdiction. Subsequent to a hearing in State Court on a valid Motion to Transfer Jurisdiction resulting in a ruling in favor of transfer, the Court must make and immediate determination regarding acceptance or denial of acceptance of jurisdiction and notify the State Court in writing of its determination.
(i) Motion for Transfer. A petition for Transfer of Jurisdiction generated by the GTB presenting officer shall be filed in state court with Notice of Filing to the Children&rsquos Court.
(j) Hearings upon Transfer. Upon Transfer of Jurisdiction from state court and entry of Children&rsquos Court Order of Acceptance, the Court shall proceed in accordance with provisions of this Code within fifteen (15) days.
(k) Transfers of Jurisdiction from other courts shall be by Petition to the Children&rsquos Court by a party in interest and acceptance of jurisdiction shall be determined by hearing within ten (10) days of date of filing.
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 #0220.1147, enacted by Tribal Council in Special Session on August 28, 2002 as amended by Tribal Act #05-23.1603, enacted by Tribal Council on March 29, 2006 and amended by Tribal Council motion, enacted on July 27, 2016.