Section YAE.02.05 — Tribal Court Jurisdiction, Continuing Jurisdiction, Conflicts In Jurisdiction

(a) The court shall exercise exclusive jurisdiction over all matters that contained in this Chapter.

(1) The court shall have jurisdiction over a youth upon a petition filed by the ICW alleging the youth is a youth in need of care because of the existence of any of the conditions enumerated in Section YAE.02.12(a)(1)(A) - (P).

(2) The court shall have jurisdiction over:

(A) the parents of the youth,

(B) adults who reside in the youth's home or who have contributed to, encouraged, or tended to cause, by act or omission, a condition of a child described in Section YAE.02.12(a)(1)(A) - (P),

(D) and other youths who may reside or have significant with the youth at the youth's residence(s).

(b) This court shall permit amendment of pleadings and other necessary actions to effect jurisdiction over the youth and conformity with this code.

(c) All hearings shall be closed to the public. If all the affected persons agree, other individuals may be permitted to observe the hearing or offer support to a party.

(d) The court may allow any party or witness to appear by telephone, so long as the person appearing by telephone is in a private "closed" environment.

(e) All proceedings shall be recorded electronically or verbatim or transcribed by a licensed court reporter.

(f) All court records under this Chapter shall remain confidential; only parties, or their legal representatives, or the guardian ad litem may have access to court records.

(g) ICW proceedings in other courts:

(1) The court may, upon petition, accept a case that was originally brought in another court. Cases not accepted by the court within thirty (30) days of the petition being filed shall be deemed a declination of the petition.

(2) If the court accepts jurisdiction of the matter, the court shall notify all parties and the other court.

(3) Dispositional orders issued by the other court prior to this court accepting jurisdiction, shall remain in effect until this court reviews the matter.

(h) The Court shall have continuing jurisdiction over a youth who is determined to be subject to this ordinance, and shall have the power to modify, extend or dismiss previous orders, or consider petitions based upon new evidence concerning the youth.

(i) Whenever an order rendered under this ordinance conflicts with a custody order, physical placement order, or other family court order rendered by any court, the order under this ordinance shall take precedence.

(j) Whenever the court orders a youth be placed outside the home, legal custody of the youth shall be retained by the parent(s) who has legal custody, unless the court specifically orders otherwise.