3-4-4. JURISDICTION - AMENDMENT

1. Exclusive and Concurrent Jurisdiction: the Rosebud Sioux Tribal Court shall have exclusive jurisdiction over any child custody proceeding in State court involving an Indian child who resides and is domiciled on the reservation, if the child is a ward of tribal court, the Court shall retain exclusively jurisdiction, notwithstanding the residence or domicile of the child. (U.S.C. § 1911 (a)). The Tribal Court shall have concurrent jurisdiction with the state court of any child custody proceeding involving an Indian child who does not reside or who is not domiciled on the reservation.
2. Rosebud Sioux Tribe Jurisdiction after Transfer: the Rosebud Sioux Tribe shall have jurisdiction over any child custody proceeding involving an Indian child upon acceptance by the Tribal Court to transfer of such proceeding from a state court.
3. Full-Faith and Credit: the Rosebud Sioux Tribal Court shall give full faith and credit to the public acts, records and judicial proceedings and lawful orders of other federally recognized tribes when such acts, proceedings, records or orders are applicable to the Indian Child Welfare Act. Technical variations in practice that do not affect the fundamental fairness of the proceedings nor violate the federal ICWA shall not be reason to fail to give full faith and credit. (25 U.S.C. § 1911 (c.)). Unless there is good cause not to do so, as established by findings of facts in the record, the Tribal Court shall give full faith and credit to any state court records, findings and orders previously taken in the case.