Chapter 6.10
JURISDICTION
Sections:
6.10.020 Concurrent jurisdiction.
6.10.030 Continuing jurisdiction.
6.10.040 Limitations on jurisdiction.
6.10.050 Transfer of jurisdiction.
6.10.010 Generally.
The Youth Court has exclusive original jurisdiction over all proceedings concerning a youth alleged to be in need of care, a termination of a parent-child relationship, an adoption, or a guardianship, which involve:
A. Any Indian youth who resides or is domiciled within the Tribe’s jurisdiction; or
B. Any Chehalis Indian youth, notwithstanding his residence or domicile; or
C. Any youth over whom his or her parent, guardian or other custodian has granted custody to the Chehalis Youth Home. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.1.010.]
6.10.020 Concurrent jurisdiction.
When state, Federal, or other tribal courts have jurisdiction over any of the matters provided in this title, the Youth Court has concurrent jurisdiction over the same matters, to the extent consistent with Federal law. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.1.020.]
6.10.030 Continuing jurisdiction.
The Youth Court may retain jurisdiction over any youth:
A. Who is a ward of the Court, notwithstanding a change in the youth’s residence or domicile; or
B. Who has been placed by the Court in a care facility licensed by the Business Committee for the placement of youths. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.1.030.]
6.10.040 Limitations on jurisdiction.
The limitations on jurisdiction in this chapter are not intended to reflect the Tribe’s view as to the legally permissible limits of its jurisdiction but are designed merely to limit Tribal activity in this area in accordance with Tribal priorities and resources. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.1.040.]
6.10.050 Transfer of jurisdiction.
A. The Youth Court may accept or decline, by ex parte order, any transfer to the Youth Court of jurisdiction over a youth. Within 48 hours of the issuance of the ex parte order, any person may object in writing to such order and, within three days, excluding holidays, of the Court Clerk’s receipt of such written objection, the Youth Court shall conduct a hearing to determine whether such transfer should take place.
B. Unless otherwise expressly provided in this chapter, the Youth Court may transfer jurisdiction over a youth to another court of competent jurisdiction upon request.
1. Any person may request the Youth Court to transfer a proceeding under this chapter by filing with the Court Clerk a motion for transfer of jurisdiction.
2. The motion shall include:
a. The case name and number;
b. The names, ages, addresses, and Tribal status of the youth and his parents;
c. A brief statement of the reason the motion for transfer of jurisdiction should be granted.
3. The Youth Court shall conduct a hearing on the transfer request within 14 days of the filing of the motion for transfer of jurisdiction, unless the parties agree to another period of time.
C. Notice of the date, time and location of a transfer hearing under this section shall be served upon the parties by the Youth Court in accordance with CTC 6.05.160.
D. A parent’s wishes regarding a transfer shall be carefully considered by the Youth Court but shall not be controlling in the disposition of a transfer issue. The controlling factor shall be the youth’s best interests.
E. Transfer hearings may be consolidated with any other hearing provided by this title.
F. At the first proceeding or hearing involving a youth, excluding a proceeding under CTC 6.20.050:
1. The Youth Court shall make a determination of the youth’s Indian status.
2. Any question of membership with the Chehalis Tribe shall be referred to the Chehalis Tribal enrollment officer or, if s/he is not available, to an officer of the Business Committee. The enrollment officer or Business Committee officer shall submit an affidavit to the Court as soon as possible after receipt of the referral; such affidavit shall contain a determination of the Tribal membership of the youth and his or her parents.
3. All parties shall disclose all information they have regarding the Tribal status of the youth and his or her parents.
4. The Youth Court may continue any proceeding on its own motion in order to resolve any questions as to the Tribal status of the youth or his parents.
5. If the youth is not a Chehalis Indian nor considered part of the Chehalis Indian community but is an Indian youth of some other tribe, and if it is probable that the youth will require long-term placement, the Youth Court shall notify the youth’s tribe of the pendency and nature of any action in Youth Court concerning the youth and shall request that tribe to advise the Court within 10 days of receipt of the notice of its interest in and ability to handle the matter. Such notice need not be made for any subsequent proceedings involving the same matter.
6. In the case of a youth who is a youth of more than one Indian tribe, the Youth Court shall notify all such tribes in accordance with subsection (F)(5) of this section.
7. The Indian tribe with whom the youth has the more significant contacts shall be given preference in considering a transfer, based upon the following factors:
a. The youth’s length of residence on or frequency of contacts with a particular reservation or tribe;
b. The youth’s participation in Tribal activities;
c. Previous adjudications by the tribe’s court, if any, with respect to the youth;
d. Residence on a particular reservation by the youth’s parent or extended family member with whom the youth has resided for a substantial period of time;
e. The youth’s fluency in the language of the Indian tribe;
f. Tribal membership of the youth’s parent, guardian, or other custodian;
g. Interest asserted by the tribe in response to notice given under this section;
h. Tribal programs and resources available to meet the youth’s needs and problems; and
i. Any other factors the Court deems relevant.
G. Cases transferred to Youth Court shall be accepted in the status received; legal and factual determinations made by a court prior to transfer of a case to Youth Court shall not be judicially reviewed or redetermined unless the period for judicial review has not expired.
H. The pendency of any transfer under this chapter does not prevent the Youth Court from providing for emergency shelter or medical care for the youth. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.1.050.]