CHAPTER 6 - YOUTH CODE
Section 6-1
Section 6-2
Section 6-3
Section 6-4
Section 6-5
Section 6-6
Section 6-7
Section 6-8
Youth Code
Foster Care
Youth in Need of Care
Appointment of Custodian
Referrals Under the Indian Child Welfare Act
Full Faith and Credit
Delinquent Children
Truancy Code
Section 6-1 Youth Code
6-1.01 Title. This Code shall be known as the Youth Code of the Spokane Tribe of Indians.
6-1.02 Purpose. The purpose of this Code is to assist Indian children within the jurisdiction of the Tribal
Youth Court to receive the care and guidance needed to prepare them to take their places as responsible
adults; to prevent the unwarranted breakup of Indian families; and to preserve and strengthen the child's
individual, cultural, and Tribal identity.
6-1.03 Intent. It is the intent of the Spokane Tribe, in adopting this Code, to incorporate to the fullest
extent the recognized customs and traditions of the child's Tribe, consistent with the Indian Civil Rights Act,
25 USC Section 1301-3 (1968), and the Indian Child Welfare Act, 25 USC Section 1901, et. seq., and with
the needs of Tribal members.
6-1.04 Establishment of Court.
(a) There is hereby established a Court to be known as the Tribal Youth Court.
(b) The Spokane Tribal Judge, when presiding at the Tribal Youth Court, shall be known as the
Spokane Youth Court Judge and is qualified to act as such.
6-1.05 Jurisdiction. The Youth Court shall have jurisdiction over all matters covered in the Youth Code
involving an Indian child residing or domiciled upon the Spokane Reservation.
(a) In addition, the Youth Court shall have the exclusive jurisdiction over all child custody
proceedings, as defined by the Indian Child Welfare Act, 25 USC, Section 1903, involving an
Indian child who resides or who is domiciled upon the Spokane Indian Reservation.
(b) An Indian child who is domiciled or resides upon the Spokane Indian Reservation, and, who is
the subject of any state or foreign Tribal Court child custody proceeding, shall remain subject to
that foreign Court's jurisdiction.
(c) The Spokane Youth Court, if it so desires, may petition the foreign Court to allow the Spokane
Tribe to intervene or to have the case transferred to the Youth Court.
6-1.06 Protected Children of the Youth Court. In any case where this Court transfers legal custody of a
Spokane Indian child to any person other than a natural parent of the child, or to any agency or institution,
the Youth Court shall retain jurisdiction over all future custody proceedings involving that child, until the
child reaches the age of 18 years, unless otherwise specified by a Tribal Youth Court order.
6-1.07 Definitions. For the purpose of this Code, the following words and phrases shall, unless otherwise
indicated, have the following meaning:
(a) “Adult” means any individual who has reached his or her 18 birthday.
(b) “Child” means any individual born or unborn under the age of 18 years or a person age 18 to 21
years who remains a Youth in Need of Care under the continuing jurisdiction of the Tribal Youth
Court.
(c) “Child custody proceedings” means any voluntary or involuntary court action, informal or formal,
not including divorce actions, that may result in the temporary or permanent removal of a child
from his parent or parents or his custodian.
(d) “Custodian” means that person who has the legal right to custody of the child.
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Revised Spokane Law & Order Code, 5/14/2013