Klamath Juvenile Court
11.12 | Klamath Juvenile Court (Klamath Tribes Tribal Court Ordinance)
There is hereby established the Klamath Juvenile Court, which shall have limited jurisdiction over all matters arising under the Klamath Juvenile Ordinance and any other provisions of the Klamath Tribal Code requiring or permitting the Court to exercise authority over juveniles.
15.04 | Jurisdiction (Klamath Tribes Juvenile Code)
Except as otherwise limited in the Klamath Tribal Code, the Juvenile Court shall have original jurisdiction over all matters arising from the administration and enforcement of this Ordinance, including but not limited to the following:
- proceedings for the termination of parental rights;
- proceedings for foster care placement;
- proceedings for pre adoptive and long term placement;
- proceedings for adoptive placement;
- proceedings for the determination of the custody of or to appoint a custodian or guardian for a child;
- proceedings for the commitment of a developmentally disabled or mentally ill child; and
- proceedings in which a child is alleged to be:
- in need of supervision; or
Except as otherwise limited by applicable federal law, the Juvenile Court shall have jurisdiction exclusive as to any state over any child custody proceeding and any other proceeding described in Subsection (a) of this Section involving a Klamath child who resides or is domiciled on Klamath Tribal Lands, within the Klamath Tribal Service Area, or who is otherwise within the jurisdiction of the Juvenile Court;provided that, if the Juvenile Court’s exclusive jurisdiction under this Subsection is limited by applicable federal law, the Juvenile Court shall have jurisdiction over such proceedings concurrent with the State of Oregon.
The Juvenile Court shall have exclusive jurisdiction in any proceeding making a child a ward of the Court under this Ordinance and shall retain jurisdiction over such a child until the child reaches eighteen (18) years of age notwithstanding the residence or domicile of the child.
Except as otherwise limited by applicable federal law, the Juvenile Court shall have concurrent jurisdiction as to any state over child custody proceedings in such state involving foster care placement of or termination of parental rights to a Klamath child who does not reside or is not domiciled on Klamath Tribal Lands or within the Klamath Tribal Service Area; provided that the Juvenile Court shall have exclusive jurisdiction over those child custody matters commenced in Juvenile Court as a result of transfer under the Indian Child Welfare Act and/or pursuant to the Indian Child Welfare Act Agreement between the State of Oregon and the Klamath Tribes.
Except as otherwise limited by applicable federal law, the Juvenile Court shall have original jurisdiction over child custody proceedings and any other proceedings described in Subsection (a) of this Section involving a non-Klamath child who resides or is domiciled on Klamath Tribal Lands or who is otherwise within the jurisdiction of the Juvenile Court when the parties consent to the jurisdiction of the Court or when the best interest of the child requires such an arrangement.
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