Statutes | 4 HCC § 3 Chapter I § 7 | 2020
a. General Jurisdiction.
(1) The Court shall have the authority to issue all Orders necessary to ensure the safety of children within the Hocak community. This grant of civil jurisdiction to the Court authorizes the Court to exercise its power to issue and enforce subpoenas, issue Orders of restriction, impose fines, adjudicate and punish contempt, order confinement, and issue other Orders that may be deemed necessary and appropriate (e.g., Capias Orders), in matters regarding children.
(2) Once the Court exercises its jurisdiction under this Act, its authority continues until such time as it may be terminated pursuant to paragraph d, below.
(3) The Court may exercise jurisdiction over the following persons: (a) Enrolled members of the Nation under the age of eighteen (18) years.
(b) Persons under the age of eighteen (18) who are eligible for enrollment in the Nation.
(c) Indians, as defined in paragraph 6aa, who are under the age of eighteen (18).
(d) Children of enrolled members of the Nation or other Indians, as defined in paragraph 6aa, including adopted children.
(e) The Court, pursuant to the discretion of Children and Family Services, shall continue the jurisdiction until the date on which the child is granted a high 15 school diploma or the date on which the child reaches 19 years of age, whichever occurs first, if the child is a full-time student and is reasonably expected to complete the program before reaching 19 years of age.
(f) The Court, pursuant to the discretion of Children and Family Services, shall continue jurisdiction until the date on which the child is granted a high school diploma or the date on which the child reaches 21 years of age, whichever occurs first, if the child is a full-time student and if an individualized education program is in effect for the child. The Court may not enter an Order that terminates as provided in this subdivision unless the child is 17 years of age or older when the Order is entered and the child, or the child&rsquos guardian on behalf of the child, agrees to the Order. At any time after the child reaches 18 years of age, the child, or the child&rsquos guardian on behalf of the child, may request the Court in writing to terminate the Order and, on receipt of such a request, the Court, without a hearing, shall terminate the Order.
b. Concurrent Jurisdiction.
(1) The Court has concurrent jurisdiction in cases involving Hocak children who are in need of protection and services and who are subject to the jurisdiction of foreign courts.
(2) Indian Child Welfare Act cases within foreign court systems may be transferred to the Court, if the foreign court consents and upon acceptance of transfer by the Court.
(3) The case of a child, who is otherwise under the continuing jurisdiction of the Court, may be transferred to a foreign court if the foreign court consents. The Court will maintain jurisdiction of the case after acceptance of transfer of the case by the foreign court, until formal relinquishment of jurisdiction by the Court.
c. Jurisdiction Over Adults and Traditional Relatives.
(1) In any case in which a child has come within the jurisdiction of the Court, the Court shall have authority to exercise jurisdiction over adults to the extent necessary to make proper disposition of each case, including authority to punish for contempt either in or out of the Court&rsquos presence.
(2) Where the Court asserts jurisdiction over a child under this Act, the Court shall also have jurisdiction over the child&rsquos Traditional Relatives to the extent necessary to make proper disposition of each case.
(3) Consent to Jurisdiction. Any adult living off the Nation&rsquos Trust Lands who obtains custody of a child, however designated, from the Court either personally or as the result of association with an agency or institution to which custody has been awarded, shall be deemed to have consented to the jurisdiction of the Court for all purposes or actions in any way related to such custody of the child.
(4) Procedures Applicable to Adults. Except when specific procedures are otherwise specified in this Act, all matters concerning adults or the rights of any adult which come before the Court need not be handled according to procedures established by the Court, but rather may be handled in an informal manner.
d. Termination of Continuing Jurisdiction. Jurisdiction obtained by the Court of a child under this Act shall continue until the child becomes eighteen (18) years of age or the case is dismissed or the underlying Order expires at which time the continuing jurisdiction of the Court shall terminate.