5.04.050 Investigation of Referral

Upon receipt of referral and request of the twenty (20) day extension, the Chief Judge shall investigate the referrals or direct appropriate tribal personnel to assist in the investigation. The investigation shall include the following:

(a) Contact appropriate sources to determine the child's membership and tribal status.

(b) Investigate and determine whether the child custody referral is one properly referred to the Tribe under the Indian Child Welfare Act.

(c) Contact the parent, guardian, or custodian, in proper cases, of the child, by registered mail with return receipt requested, and notify them of the fact of referral to the Tribe and the Tribe considering transfer of the case to the Tribal jurisdiction.

(d) Contact social, medical, legal, or other such sources to obtain necessary information regarding the circumstances of the case.

(e) Make a decision as to whether the transfer of the cases would be appropriate and in the best interest of this child. The Court may consider the past and present residence of the child, the child or the child's family's ties with the Tribe or the Tribal community, and special conditions of the child in the ability of tribal or reservation facilities to deal with such conditions whether jurisdiction should be taken before or after the adjudication stage of the proceedings, considering the location of the witnesses, documents, and other evidence and the existence of subpoena and other process limitations of tribal jurisdictions.

(f) Continuity in the child's surroundings and emotional contact.

(g) The wishes of the child's family, extended family, and other interested persons.

(h) Notify the parent, guardian, or custodian of the child, and all other interested parties having contacted the Tribal Court, of the decision regarding transfer. Notification to parent, guardian, or custodian shall be by registered mail, addressee only, return receipt requested.

(i) If the Chief Judge of the Tribal Court shall determine that the transfer is in the best interests of the child, the Chief Judge shall file, or cause to be filed, a petition with the referring court for transfer of jurisdiction to the Tribal Juvenile Court.

(j) Determine whether, without transfer, the Court should intervene in the proceedings in the referring Court, and if so, cause such intervention procedures to be initiated.

(k) If the intervention and transfer of such case is in the best interest of the child, the Turtle Mountain Tribe shall adopt a resolution requesting the proceeding in the matter of the Indian child be transferred to the Turtle Mountain jurisdiction.

The Chief Judge of the Tribal Court shall complete the above duties within ten days after receiving the notice of referral, unless request has been made in writing, by registered mail, for a twenty (20) day extension as provided in the Indian Child Welfare Act.