Statutes | 10 GTBC ยง 103 | 2020
(a) Children&rsquos Court. There is for the Grand Traverse Band of Ottawa and Chippewa Indians, a court known as the Children&rsquos Court within the GTB judiciary. The jurisdiction of the Children&rsquos Court is civil in nature and retains the right to issue all orders and judgments necessary to insure the safety, well-being and best interests of children living within the GTB service areas. The Children&rsquos Court is empowered to enforce subpoenas and orders of restriction, fines, contempt, confinement and other orders as appropriate.
(b) General Jurisdiction. The Children&rsquos Court is empowered to enforce the valid judgments and orders of the Courts of the State of Michigan and other jurisdictions pursuant to MCLA 722.1100 et seq. and MCR 2.615.
(c) The Children&rsquos Court is empowered to assert jurisdiction over the following persons:
(1) An enrolled member of the Tribe or one eligible for enrollment who is under the age of eighteen (18) years, residing within the GTB&rsquos six (6) county primary service area and their family.
(2) Children who have come under the jurisdiction of a court outside that of the GTB Children&rsquos Court and whose cases have been transferred to Tribal Court or those in which the Tribe has intervened or asserted rights pursuant to the applicable provisions of the Indian Child Welfare Act, 25 U.S.C. § 1901 1963, the Uniform Child-Custody Jurisdiction and Enforcement Act, MCL 722.1101, the Adoption and Safe Families Act 42 U.S.C. § 671 et seq. and the Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A.
(A) Exceptions: The application of specific time lines placement requirements, foster care regulation and licensing, adoption procedures and permanency provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, MCL 722.1101, the Adoption and Safe Families Act 42 U.S.C. § 671 et seq. and the Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A, not expressly deemed applicable to Indian Tribes shall not be binding upon the GTB Children&rsquos Court. Similar provisions contained in or implied by State statutes shall be applicable under this Code only upon written directive of the Chief Judge of the Tribal Court.
(3) Child(ren) of enrolled member(s) of the Tribe or of other Indian Tribes, as defined in § 102 of this Code, residing on Tribal lands.
(4) Non-Indian Child(ren): child(ren) who is/are not an Indian child as defined herein, but who is residing or domiciled within the jurisdiction of the Children&rsquos Court.
(5) Any person causing a child to come within the jurisdiction of the Children&rsquos Court pursuant to this Code.
(6) A person who is residing on Tribal lands of the Grand Traverse Band who is pregnant and actively abusing alcohol or controlled substances.