Statutes | Indian Child Welfare Code Chapter 20 ยง 20.1, 20.1(i) | 2020
(I) Petition or Emergency Petition Except as otherwise provided below, proceedings in cases under this Code are begun by Petition or by stipulation of the parties in the form of a Co-Petition and Affidavit.
(2) Exceptions to Petition In the case of violations of motor vehicle or boating laws and codes, or fish and game laws and codes a petition shall not be required. The issuance of a traffic or other citation or summons for these violations is sufficient to invoke the jurisdiction of the Tribal Court. Unless the Court orders otherwise, a preliminary investigation is not required in such cases.
(3) Contents of Petition. A petition shall be entitled "In the Matter of _____________ , A Minor," and shall set forth:
(A) The name, birth date and residence of the minor
(B) The names and residences of the minors parent, guardian or custodian
(C) A citation to the specific section of this Code, which gives the Court jurisdiction of the proceedings
(D) Where applicable, a citation to the section of this or other Codes which the minor is alleged to have violated
(E) If the minor is in detention or shelter care, the place of detention or shelter care and the time he was taken into custody and
(F) A concise statement of the facts underlying the petition.
(4) Preparation of Petition. The statements in the petition may be made upon information and belief and the petition shall be prepared, verified and signed by the presenting officer or tribal caseworker.
(5) Dismissal. The Court may dismiss a petition at any stage of the proceedings with good cause stated.