Judical Code

Section 3. Jurisdiction.

The Children's Court shall have original jurisdiction in all proceedings coming within the terms of this Chapter and all inherent jurisdiction not preempted by federal law. The Court shall have continuing jurisdiction until the child reaches age eighteen (18). Unless the child is discharged by the Court, the Court for cause shown may reopen the case at any time and take such action with respect to a child as it deems appropriate.

Section 4. Proceedings of a civil nature.

Proceedings in child cases shall be regarded as civil proceedings, with the Court exercising certain equitable powers. Nevertheless, the fact that the proceedings are of a civil nature shall not be construed to deprive the child of her or his rights to counsel, to confront accusers and cross-examine witnesses against her or him, nor to deny her or his privilege against self-incrimination.

Section 5. How to start proceedings.

Proceedings under this Code shall be instituted by a petition filed by any citizen or by a police, probation or child welfare officer on behalf of the Tribe in the interest of the child.

A petition may be filed when a child is known or believed to be neglected, dependent, delinquent, or in violation of law. The petition shall state the facts concerning the condition of the child, including the name, age and residence of the child and the identification of the child and the identification of her or his parents, legal guardian or others who have responsibility for the child.

Upon the filing of a Petition, the Judge or Clerk of Courts shall issue a notice which may be in the form of a summons directing the parents or guardians of the child to be present in Court for hearing at the time and place fixed in the notice. If the whereabouts of the parents or guardians is unknown, the Court may proceed to take any action to protect the child, but all action without notice to parents shall be temporary rather than permanent order. Any person served with notice who fails to appear without reasonable cause shall be subject to contempt of Court. The returns of service shall be filed in the record of the case.

All matters under this Code shall be confidential and heard in closed Court, excluding all persons except parents, guardians, the attorney for the child, the probation officer, law enforcement officer, guardian ad litem and with the permission of the Court others having a direct interest in the matter.