§ 14.1.1. Application to persons subject to criminal jurisdiction of the Cherokee Court

Statutes | Cherokee Code Part II Chapter 14 Article I § 14.1.1

(a) The following criminal offenses and penalties contained herein shall apply to all members of any federally recognized Indian tribe who violate the provisions of this chapter within the territorial jurisdiction of the Eastern Band of Cherokee Indians. That territorial jurisdiction shall include...

§ 7B-603. Payment of Court-appointed attorney guardian ad litem attorney advocates

Statutes | Cherokee Code Chapter 7B Article 6 § 7B-603

An attorney or guardian ad litem attorney advocate appointed pursuant to C.C. section 7B-601 shall be paid a reasonable fee as determined by the Cherokee Court. (Ord. No. 524 , 7-17-2015)

§ 7B-602.1. Conflict of interest or impracticality of implementation

Statutes | Cherokee Code Chapter 7B Article 6 § 7B-602.1

If a conflict of interest prohibits a guardian ad litem or attorney advocate from providing representation to a maltreated child, the Court may appoint any member of the Cherokee bar to represent the child. (Ord. No. 524 , 7-17-2015)

§ 7B-602. Parent's right to counsel; guardian ad litem

Statutes | Cherokee Code Chapter 7B Article 6 § 7B-602

(a) In cases where a petition alleges that a child is maltreated, the parent has the right to counsel unless that person waives the right. (b) In addition to the right to counsel set forth above, a guardian ad litem and attorney advocate shall be appointed to represent a parent who is under the age...

§ 7B-601. Appointment and duty of guardian ad litem and guardian ad litem attorney advocate

Statutes | Cherokee Code Chapter 7B Article 6 § 7B-601

(a) In petitions alleging child maltreatment the Court shall appoint a guardian ad litem and a guardian ad litem attorney advocate to represent the childs interests. In every case where a non- attorney is appointed as a guardian ad litem, an attorney advocate shall be appointed in the case in order...

§ 7B-600. Appointment of guardian

Statutes | Cherokee Code Chapter 7B Article 6 § 7B-600

(a) In any case within the Courts jurisdiction when no parent appears in a hearing with the child after proper notice, or when a qualified petitioner has been found to meet the requirements for filing of a petition for kinship guardianship under C.C. chapter 35A, article 22, and has...

§ 7B-507. Telephonic communication authorized

Statutes | Cherokee Code Chapter 7B Article 5 § 7B-507

All communications, notices, orders, authorizations, and requests authorized or required by this article may be made by telephone when other means of communication are impractical. All written orders pursuant to telephonic communication shall bear the name and the title of the person communicating...

§ 7B-506. Pre-adjudication hearings to determine need for continued protective custody

Statutes | Cherokee Code Chapter 7B Article 5 § 7B-506

(a) No child shall be held under an initial child protective custody order under this chapter for more than seven calendar days without a hearing on the merits for child protective custody. A hearing on the merits for protective custody conducted under this chapter may be continued for up to ten...

§ 7B-505. Placement while in protective custody of department

Statutes | Cherokee Code Chapter 7B Article 5 § 7B-505

(a) A child meeting the criteria set out in C.C. section 7B-503 may be placed in the custody of the department of human services or a person designated in the order and may be placed in: (1) A licensed foster home or a home otherwise authorized by law to provide such care or (2) A facility...

§ 7B-504. Orders for child protective custody; requirements

Statutes | Cherokee Code Chapter 7B Article 5 § 7B-504

(a) The child protective custody order shall be in writing and shall direct a law enforcement officer or other authorized person in the department of human services to assume custody of the child and to make due return on the order. A copy of the order shall be given to the childs parent, guardian,...