There is established for the Nottawaseppi Huron Band of the
Potawatomi a division of the Tribal Court known as the Juvenile Division
of the NHBP Tribal Court (Juvenile Court). The jurisdiction of the
Juvenile Court includes the right to issue all orders necessary to
carry out the purposes of this chapter.
The procedures in the Juvenile Court shall be governed by the
rules of procedure for the Tribal Court that are not in conflict with
this chapter.
The Juvenile Court has original jurisdiction over the following
proceedings:
A.
Proceedings in which a minor is alleged to have committed a status
or nonstatus offense or committed inappropriate behavior.
Jurisdiction, once exercised by the Juvenile Court over a proceeding
involving a juvenile, is continuing and exclusive unless terminated
by the Court in one of the following ways:
A.
The minor becomes an adult, except where a juvenile becomes an adult
during the proceedings under this chapter.
B.
When the Juvenile Court enters an order terminating its jurisdiction
or transferring jurisdiction to another court.
C.
If the juvenile is arrested for allegedly committing a crime of domestic violence or a violation of a protection order, the Domestic Violence Code, Article IX, Section 7.4-48 - Violations by Juveniles - Arrest, shall govern the proceedings. The arrest and prosecution of a juvenile under the Domestic Violence Code does not bar proceedings in an appropriate Juvenile Court.
[Added 3-17-2016 by Res.
No. 03-17-16-05]
The Juvenile Court may exercise personal jurisdiction over the
following categories of persons:
A.
Any juvenile who is an enrolled member of the Tribe who is under
the age of 18 years, who resides in the same household of an adult
who is an enrolled member of the Tribe, and is residing in the Counties
of Allegan, Barry, Branch, Calhoun, Kalamazoo, Kent and Ottawa.
B.
Any juvenile who is eligible for enrollment who is under the age
of 18 years, who resides in the same household of an adult who is
an enrolled member of the Tribe, and is residing in the Counties of
Allegan, Barry, Branch, Calhoun, Kalamazoo, Kent and Ottawa.
C.
A juvenile who is an enrolled member of the Tribe who is involved in a delinquency proceeding or other status offense proceeding in the Tribal Court or which is transferred to the Tribal Court pursuant to Article V of this chapter.
D.
A juvenile who is eligible for enrollment in the Tribe who is involved in a delinquency proceeding or other status offense proceeding in the Tribal Court or which is transferred to the Tribal Court pursuant to Article V of this chapter.
E.
A non-Indian or nonmember juvenile domiciled or residing within the
tribal lands of the Nottawaseppi Huron Band of the Potawatomi Indians
in the home of an enrolled member of either the Tribe or any other
Indian tribe.
