5.02.020 Jurisdiction

(a) The Turtle Mountain Tribal Court shall have exclusive jurisdiction of any child custody proceedings involving a child residing on or domiciled within the boundaries of the Turtle Mountain Reservation and adjacent Tribal lands except where jurisdiction is already vested in the state by existing federal law.

(b) The Turtle Mountain Tribal Court shall retain exclusive jurisdiction over children who are wards of the Turtle Mountain jurisdiction, notwithstanding residence or domicile, sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child, which it would have if the child had remained in the Turtle Mountain jurisdiction. Such jurisdiction shall include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law.

(c) The Turtle Mountain Tribal Court may petition for a transfer of any court proceeding for the foster care placement of, termination of parental rights, or adoptive proceedings of a Turtle Mountain Indian child not domiciled or residing within the boundaries of the Turtle Mountain Indian Reservation Court, according to the provisions of the Indian Child Welfare Act of 1978.

(d) The Court shall have jurisdiction over any Indian child domiciled or residing upon, or found upon the reservation or adjacent tribal lands, or who has been transferred to the Tribal Court under the Indian Child Welfare Act and over all persons having care, custody, and control of such children in the following situations:

(1) Concerning any child who has violated any Tribal ordinance or resolution within the jurisdiction of the Turtle Mountain Tribe.

(2) Concerning any child who is neglected, abused, dependent, unruly,

exploited, or involved in child custody proceedings.

(3) Proceedings to terminate the legal parent-child relationship.

(4) The judicial consent to marriage, employment, and to emergency medical or surgical treatment of the child who is under the custody of the Court.

(5) Proceedings for the adoption of a child.

(6) All proceedings to determine the custody of or person of the child.

(e) The Turtle Mountain Tribal Court will not have jurisdiction to process juvenile delinquency hearings or adjudications on juveniles who commit delinquent acts outside the jurisdiction of the Turtle Mountain Juvenile Court. Once the Court with the proper jurisdiction adjudicates the child delinquent, tribal follow-up services may be provided on a courtesy basis or the case may be transferred to Tribal Court for dispositional pro- ceedings and all subsequent proceedings.