A. 
The NHBP Tribal Court will have jurisdiction in all protected child matters arising under the provisions of the Code, and any child protection proceeding transferred to the NHBP Tribal Court pursuant to the Indian Child Welfare Act (ICWA); tribal law, the Michigan Indian Family Preservation Act (MIFPA), or other applicable law.
B. 
The NHBP Tribal Court will have jurisdiction over the following persons:
(1) 
Any child residing within NHBP trust lands and his or her parents, guardians, custodians, and members of the child's household.
(2) 
Any person within NHBP trust lands who is alleged to have caused any child residing within such lands to become a protected child.
(3) 
Any NHBP child and his or her parent, guardian, custodian, and members of the child's household in any matter transferred to and accepted by the NHBP Tribal Court from another jurisdiction. This includes those cases in which NHBP has intervened or asserted rights pursuant to the applicable provisions of the Indian Child Welfare Act, 25 U.S.C. § 1901 and Michigan Indian Family Preservation Act MCL 712B.1. State statutes implicated under ICWA and MIFPA (or other state or federal law) will be applicable under this code only upon written order of the Chief Judge of the Tribal Court.
(4) 
Any person residing within NHBP trust lands who is pregnant and abusing alcohol and/or is using a controlled substance(s) without a legitimate medical purpose.
C. 
Once the NHBP asserts jurisdiction over a person, the NHBP Tribal Court may retain jurisdiction over that person even if the person leaves the physical boundaries of the NHBP trust lands.
D. 
Jurisdiction is continuing and exclusive unless the NHBP Tribal Court enters an order terminating its jurisdiction or transferring jurisdiction to another court.
A. 
Application of the Michigan Indian Family Preservation Act (MIFPA). The Court may apply the provisions of the MIFPA MCL 712B.1 et seq. that do not conflict with the provisions of this code. State court procedures regarding the MIFPA will not be binding upon the Court except when specifically provided for in this code.
B. 
NHBP will intervene in all Indian Child Welfare Act (ICWA) and MIFPA cases involving children who are enrolled members of NHBP and those determined to be eligible for enrollment. Acceptance of transfer of jurisdiction to Tribal Court in ICWA/MIFPA cases will be at the sole discretion of a Tribal Court Judge; there is a presumption that cases from the NHBP service area will be accepted for transfer, absent good cause to the contrary.
A. 
Receipt of notice. The Presenting Officer will be the agent for service of notice of the state court child protection, as required by MIFPA and/or ICWA.
B. 
Intervention. The Presenting Officer will file a motion to intervene with the state court within seven (7) calendar days of receipt of notice upon certification by the NHBP Enrollment Office that the child is an Indian child pursuant to the MIFPA/ICWA. Whenever possible, the Presenting Officer or an appropriate employee of the SSU will attend hearings either in person or, upon appropriate motion, telephonically.
C. 
Investigation and pretransfer report. A trained and qualified SSU Case Manager or its designee will investigate and assess all notifications of MIFPA/ICWA proceedings regarding NHBP members or eligible members and file a written report to the Presenting Officer. The Presenting Officer will use the report in determining child's enrollment, services provided and whether or not to seek transfer of jurisdiction to Tribal Court. The report will include:
(1) 
A copy of the petition;
(2) 
CPS investigative report;
(3) 
Any police, medical or other reports;
(4) 
Contacts with CPS;
(5) 
CPS active efforts;
(6) 
Parent(s)' level of participation in and any benefits from services provided;
(7) 
What NHBP can offer; and
(8) 
How NHBP monitoring the case would benefit the family.
D. 
The Multi-Disciplinary Team (MDT) will be informed of any state petitions involving NHBP member children, the date of intervention or transfer and of any decisions regarding the level of intervention or to seek transfer of jurisdiction to Tribal Court.
E. 
Decision to transfer. The MDT will make a recommendation to the Presenting Officer regarding whether or not the Tribe should initiate transfer of jurisdiction to Tribal Court or to support a motion for transfer from state court. When determining if and when a motion to transfer jurisdiction to Tribal Court is appropriate, the Presenting Officer will consider:
(1) 
The best interests of the child;
(2) 
The best interests of the Tribe;
(3) 
Tribal Court's jurisdiction over the parties and action;
(4) 
Availability of services for the child and his or her family;
(5) 
Prospects for permanent placement of the child; and
(6) 
Conservation of tribal resources.
F. 
Notice to Court. If the Presenting Officer seeks transfer of jurisdiction to Tribal Court, the Presenting Officer will advise the Tribal Court of his or her intent to file or support a motion for transfer, indicating the county from which transfer will be sought.
G. 
Tribal Court hearing. The Court may conduct a hearing to determine if the Court should accept transfer after a petition for transfer has been filed with the state court or immediately upon receipt of service of a motion to transfer jurisdiction filed by any party in interest. The Court will consider the following factors:
(1) 
The best interests of the child;
(2) 
The best interests of the Tribe;
(3) 
Tribal Court's jurisdiction over the parties and action;
(4) 
Availability of services for the child and his or her family;
(5) 
Prospects for permanent placement for the child;
(6) 
Conservation of tribal resources; and
(7) 
The family's ties to the NHBP or another Indian community.
H. 
The Court has sole discretion to accept or deny transfers of jurisdiction from state courts. The Court may accept transfer of jurisdiction without a hearing when exigent circumstances are presented in an ex parte motion and indicate that the best interests of the child and NHBP will be clearly served best by immediate transfer of jurisdiction. Subsequent to a hearing in state court on a valid motion to transfer jurisdiction resulting in a ruling in favor of transfer, the Court must make a determination regarding acceptance or denial of jurisdiction within seven (7) calendar days and notify the state court in writing of its determination.
I. 
Motion for transfer. A motion for transfer of jurisdiction to NHBP Tribal Court will be filed in the court of original jurisdiction by the NHBP Presenting Officer. The Presenting Officer will concurrently provide the NHBP Tribal Court with notice of the filing of the transfer motion.
J. 
Transfers of jurisdiction from other courts will be by motion to the Tribal Court by a party in interest, and acceptance of jurisdiction will be determined by hearing within ten (10) calendar days of date of filing.
K. 
Hearings upon transfer. Upon the hearing for transfer of jurisdiction from state court the Tribal Court will enter an order of acceptance, wherein the case will be entered into the Tribal Court system or an order of denial, wherein the case will be rejected and returned to the referring court. When an order of acceptance is entered the Court will schedule further proceedings in accordance with procedures and timelines required under this code within fifteen (15) calendar days after entry of the order.
A. 
State court orders. State child custody orders involving children over whom the NHBP Court may assert jurisdiction must be enforced whenever those orders comport with MCR 2.615, MCLA 722.1101 et seq. and the Court has conducted an independent review of such state proceedings to determine if:
(1) 
The state court has properly assumed jurisdiction over the child; and
(2) 
The provisions of Michigan Indian Family Preservation Act, MCL 712B.1 et seq., and the Indian Child Welfare Act, 25 U.S.C. § 1901 1963, were properly executed; and
(3) 
Due process was provided to all interested parties participating in the state proceeding; and
(4) 
The state court proceeding does not violate the public policies, customs or common law of the Tribe.
B. 
Court orders of other tribal courts. Orders of other tribal courts involving children over whom the NHBP Tribal Court may assert jurisdiction will be enforced by the NHBP Tribal Court after it has determined:
(1) 
That the other tribal court exercised proper subject matter and personal jurisdiction over the parties; and
(2) 
Due process was provided to all interested parties participating in the other tribal court proceeding.
C. 
Tribal interest. Because of the vital interest of the NHBP in its member children and those children who may become members, the statutes, regulations, public policies, customs and common law of the NHBP will control in any Tribal Court proceeding involving an Indian child as defined herein.