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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)
(a) 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:
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proceedings for
the termination of parental rights;
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proceedings for
foster care placement;
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proceedings for
preadoptive and long term placement;
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proceedings for
adoptive placement;
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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
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proceedings in
which a child is alleged to be:
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abused;
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neglected;
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in need of
supervision; or
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delinquent.
(b) 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.
(c) 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.
(d) 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.
(e) 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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