§ 104. Transfer of Jurisdiction

Statutes | 10 GTBC § 104 | 2020

(a) Application of the Indian Child Welfare Act. The Children&rsquos Court may apply the provisions of the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq. that do not conflict with the provisions of this Code. State Court procedures regarding the Indian Child Welfare Act shall not be binding upon the Children&rsquos Court except when specifically provided for in this Code.
 
(b) GTB shall intervene in all ICWA cases involving member children and those deemed qualified for tribal enrollment. Acceptance of Transfer of jurisdiction to tribal court in ICWA cases shall be at the sole discretion of a Tribal Court Judge.
 
(c) Transfer to State Court or Other Tribal Court. In any proceeding within the jurisdiction of the GTB Children&rsquos Court, the Court may transfer the proceedings to an appropriate state or tribal court when concurrent jurisdiction exists or upon a finding that another jurisdiction has a significant interest in the outcome and transfer of jurisdiction would be in the best interest of the child.
 
(d) The Children&rsquos Court shall transfer jurisdiction to other jurisdictions when required pursuant applicable provisions of MCLA 722.1100 et seq. the Kidnapping Prevention Act, 28 U.S.C. § 1738A or under the UCCJA (MCL § 722.1101 et seq.) or when the Court deems it appropriate as a matter of comity and/or full faith and credit pursuant to MCR 2.615.
 
(e) Transfer from Other Courts. The Children&rsquos Court may seek, accept or decline transfer of jurisdiction from other jurisdictions pursuant to applicable provisions of the UCCJA (MCL § 722.1101 et seq.) or a judicial request so long as a determination is made for the record that the Children&rsquos Court is empowered by this Code to assert jurisdiction in the case proposed for transfer.
 
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.