3-1-4. JURISDICTION.

1. Original Jurisdiction. Except as otherwise specifically provided, the Juvenile Court shall have original jurisdiction over any Indian child domiciled or residing upon or found upon the Reservation, or who has been transferred to the Juvenile Court under the Indian Child Welfare Act, and over all persons having care, custody, or control of such children in the following situations:
   1. Concerning any child who has violated any Tribal, local, or municipal ordinance, within the jurisdiction of the Rosebud Sioux Tribe;
   2. Concerning any child who is neglected or dependent child, as defined elsewhere in this Code;
   3. Concerning any child who:
      1. Being subject to compulsory school attendance, is habitually truant from school, or is defiant or persistent efforts by parents or school authorities; or
      2. Habitually disobeys the reasonable and lawful demands of his parent(s), guardian, or other custodian and is ungovernable and beyond their control to such an extent as to clearly endanger his own welfare or the welfare of others;
      3. Violated the curfew provision of this code.
   4. Proceedings to terminate the legal parent-child relationship including terminations of residual parental rights and duties;
   5. For the judicial consent to marriage, employment, or enlistment of a child into the Armed Forces, and to emergency medical or surgical treatment of the child who is under the custody of the Court;
   6. The Juvenile Court shall also have original jurisdiction of the following proceedings which shall be governed by the laws relating thereto without regard to the other provisions of this Juvenile Code:
      1. Proceedings for the adoption of a child;
      2. Proceedings for the commitment of a mentally retarded or mentally ill child;
      3. All proceedings to determine the custody of or to appoint a legal guardian or custodian of the person if a child;
      4. All proceedings to determine visitation rights and child support actions;
      5. All proceedings for contributing to the delinquency of a minor.
   7. All definitions elsewhere in this Juvenile Code shall apply to any non-Indian under the age of eighteen (18) years who may be within the jurisdiction of the Tribe.
2. Transfer of Cases.  If, during the pendency of a criminal or quasi-criminal proceeding in the Tribal Court, including a preliminary hearing, it shall be ascertained that he person charged was less than eighteen (18) years of age at the time of committing the alleged offense, the Court shall transfer the case to the Tribal Juvenile Court, together with all the papers, documents, and transcripts of any testimony connected therewith.  The Tribal Court shall order the person to be taken forthwith to the Tribal Juvenile Court or to the Juvenile Center, or shall release him to the custody of his parent(s) or guardian or other person legally responsible for him, to be brought before the Tribal Juvenile Court at a time designated by it.  The Juvenile Court shall then proceed as provided herein.
3. Transfer. Exercise of jurisdiction over a child on probation or under protective supervision, or of a child who is otherwise under the continuing jurisdiction of the Court, may be transferred by the Court to a Court of another jurisdiction if the Court consents; or to any Court with proper jurisdiction over the child in a pending action.
4. Felony Cases. If the petition in the case of a child fourteen (14) years of age or older alleges that he committed an act which would constitute a felony or a serious misdemeanor if committed by an adult, and if the Court, after full investigation and hearing, finds that it would be contrary to the best interests of the child or of the public, or of the Tribe, to retain jurisdiction, the Court may enter an Order certifying to that effect, and directing that the child be held for criminal proceedings in the Tribal Court. The provisions of this Juvenile Code relating to Court procedures in children’s cases shall, to the extent they are pertinent, be applicable to such hearings held under this Section.
5. Jurisdiction over Adults.
   1. In any criminal case in which the offense is one designated for the protection of children, and such the Tribal Court certifies the case to the Juvenile Court for disposition, in such cases, trial of the adult in Juvenile Court shall be handled according to the Rosebud Sioux Tribal rules of Criminal Procedure, and the Court may sentence the convicted adult in any manner available to the Tribal Court. Certification of such cases shall occur only when it is made to appear to the Tribal Court that some interest of the Juvenile Court in a matter pending before it will be served.
   2. In any case in which a child has come within the jurisdiction of the Juvenile Court, that Court shall have authority to exercise jurisdiction over adults to the extent necessary or reasonably believed to be necessary to make a proper disposition of each case, including authority to punish for content committed either in or out of the Court’s presence.
6. Continuance of Jurisdiction. Jurisdiction obtained by the Court of a child through adjudication under the Juvenile Code shall continue for the purposes of this Code, until he becomes eighteen (18) years of age, unless terminated prior thereto. The Court, may at its discretion, continue jurisdiction after eighteen (18) years of age when such continuances best serves the interests of both the child and the Tribe.
7. Termination of Jurisdiction. The continuing jurisdiction of the Court shall terminate:
   1. Upon order of the Court which may be made at any time; or
   2. Upon transfer of proceeding in felony cases under this Juvenile Code. The continuing jurisdiction of the Court is not terminated by marriage; or
   3. Upon the child’s eighteenth (18) years of age or older who is under the continuing jurisdiction of the Juvenile Code pursuant to this Code violates any Tribal, Federal, State or local law, the Tribal Juvenile Court shall have concurrent jurisdiction of the Court having jurisdiction of the new offense.
8. Jurisdiction Provided Under the Indian Child Welfare Act.
   1. Policy: It is the policy of the Indian Child Welfare Act to maintain the relationship between Indian children and the Tribal and cultural communities which they were born or to which they are otherwise tied. The Rosebud Sioux Tribe, through this Juvenile Code, commits itself to assuming jurisdiction over all those Indian children, members of or eligible for enrollment in the Tribe, who are involved in custody proceedings outside the territorial jurisdiction of the Juvenile Court; and for whom a return to the jurisdiction of the Tribe is appropriate
   2. Notice of Hearing to the Rosebud Sioux Tribe: Whenever an involuntary child custody proceeding is initiated which may result in the removal (permanent or temporary) of a child (who is a member of or eligible for enrollment in the Rosebud Sioux Tribe) from his parent(s) or guardian, or Indian custodian, the petitioners shall notify the Juvenile Court Judge of the Rosebud Sioux Tribe by registered mail with return receipt requested
   3. Guidelines to the Court for Acceptance or Refusal of Transfer Under the Indian Child Welfare Act:
      1. Reasons for Accepting Transfer:
         1. Child has strong ties with Reservation and/or extended family;
         2. Eligible for enrollment or is enrolled in the Rosebud Sioux Tribe;
         3. Child has recently moved from the Reservation;
         4. Child has been abandoned;
         5. Parents requested that child be returned and raised on the Reservation;
         6. Child desires to return to the Reservation;
         7. Child’s on-reservation family is stable and strong;
         8. The reservation has resources available to meet the needs of the child.
      2. Reasons for Refusing Transfer:
         1. Child is of mixed marriage where primary family ties and/or identity are with the non-member;
         2. Child is old enough to reason and does not want to return to the Reservation;
         3. Child has no ties with the Reservation;
         4. Child has multiple problems for which there are not possible on-reservation programs or resources;
         5. When either parent contests the transfer;
         6. Child not eligible for enrollment or enrolled.