Section YAE.01.04 — Transfers Of Jurisdiction And Intervention.

(a) Notice to Other Tribes of Pendency of Action: When the Court or the Indian Child Welfare Worker has reason to believe a youth, who is a party to an action under this Code, may be enrolled or may be a member or eligible for enrollment or membership in another tribe, the Indian Child Welfare Worker shall notify the other tribe of the pendency of the action.

(b) Transfer of Jurisdiction to Stockbridge-Munsee Community Youth Court: The Court may accept or decline any transfer of jurisdiction over a youth by ex parte motion, but shall allow aggrieved parties a hearing on their objections, if any.

(c) Child Protective Board Investigation and Recommendation: The Child Protective Board and the Indian Child Welfare Worker shall meet, investigate, and make recommendations to the Tribal Council on whether to accept or request a transfer of jurisdiction, or to intervene in another court's proceeding in the following cases:

(1) When the Tribe has received notice or has reason to believe that an action involving a Stockbridge-Munsee Youth is pending in another court, or

(2) When the Tribe has received a request from another jurisdiction to transfer a case from Stockbridge-Munsee Community Youth Court to the other jurisdiction.

(d) Guidelines for Transfers of Cases Involving Youths with Multi-Tribal Affiliations: In deciding whether to transfer to or accept transfer from another jurisdiction, in cases involving a youth who may be enrolled or eligible for enrollment in another tribe, the Child Protective Board and the Tribal Council shall be guided by the following considerations:

(1) The youth's length of residence on or near a tribe's territorial jurisdiction;

(2) The frequency of contacts the youth has had with a particular tribe;

(3) The youth's participation in tribal activities;

(4) Previous adjudications by the other tribe's court, if any, with respect to the Youth;

(5) Residence on a particular reservation by the youth's parent or extended family member with whom the youth has resided for a substantial Period of time;

(6) The wishes of the parent(s) and of the youth if he or she is over the age of twelve;

(7) Tribal membership of the youth's parent, guardian, or other custodian:

(8) Interest asserted by the tribe in response to notice given by the Stockbridge-Munsee Tribe;

(9) Tribal programs and resources available to meet the youth's needs and problems; and

(10) Any other factors the Child Protective Board and Tribal Council deem relevant.

(e) Tribal Council Action: The Tribal Council shall decide whether to accept, reject or modify the recommendation of the Child Protective Board.

(f) Requests for Transfer or Intervention: If the Tribal Council decides that the Tribe should intervene in another court's action or should request that jurisdiction be transferred to the Stockbridge-Munsee Community Youth Court, the Tribal Council shall request the Presenting Officer to file the appropriate petition. Upon receipt of transfer from another jurisdiction, the presenting officer shall file the appropriate action in the Youth Court.

(g) Transfer to Another Jurisdiction: If the Tribal Council decides that the Tribe should transfer the case to another jurisdiction, the Tribal Council shall request the presenting officer to file a motion in the Youth Court for an order transferring jurisdiction.