to inspection only in exceptional cases upon an order of the Court for good cause
shown.
7-4.06 Determination of Father and Child Relationship-Who May Bring Action-When Action May Be Brought.
(a) A child, a child’s natural mother, a man alleged or alleging himself to be the father, a child’s
guardian, a child’s personal representative, the Spokane Tribe, or any interested party may bring
an action at any time for the purpose of declaring the existence or nonexistence of the father
and child relationship.
(b) A man presumed to be a child’s father under Section 7-4.04 may bring an action for the purpose
of declaring the nonexistence of the father and child relationship only if the action is brought
within a reasonable time after obtaining knowledge of relevant facts.
(c) After the presumption has been rebutted, paternity of the child by another man may be
determined in the same action, if he has been made a party, and had proper notice.
(d) In an action brought by the Tribe pursuant to this Chapter, the Tribe may be represented by
either the Tribal prosecutor, or Tribal attorney, presenting officer, or other representative
authorized by the Spokane Tribal Council.
(e) Regardless of its terms, no agreement between an alleged or presumed father and the mother
or child, shall bar an action under this section.
(f) If an action under this section is brought before the birth of the child, all proceedings may be
stayed until after the birth, except service of process and discovery, including the taking of
depositions to perpetuate testimony.
(g) Actions under this Chapter may be maintained as to any child, whether born before or after the
enactment of this Chapter.
7-4.07 Jurisdiction.
(a) The Tribal Court shall have jurisdiction of any action brought under this Chapter.
(b) The action may be joined with an action for divorce, dissolution, declaration of invalidity,
separate maintenance, support, or any other civil action in which paternity is an issue including
proceedings in Juvenile or Youth Court.
(c) Any person who has sexual intercourse within the exterior boundaries of the Spokane Indian
Reservation with a person who is a member or is eligible to become a member of the Spokane Tribe
thereby submits to the jurisdiction of the Courts of the Tribe as to an action brought under this
Chapter with respect to a child who may have been conceived by that act of intercourse.
(d) In addition to any other method provided by law, personal jurisdiction may be acquired by
personal service of summons outside the Reservation or by service in accordance with the Tribal
Rules of Civil Procedure as now or hereafter amended.
7-4.08 Parties.
(a) The child shall be made a party to the action.
(1) If the child is a minor, the child may be represented by the child’s general guardian or a
guardian ad litem appointed by the Court.
(2) The child’s mother or father may not represent the child as guardian or otherwise.
(3) The natural mother, each man presumed to be the father and each man alleged to be
the natural father, shall be made parties or, if not subject to the jurisdiction of the
Court, shall be given notice of the action in a manner prescribed by the Court and an
opportunity to be heard.
(b) Any party may cause to be joined as additional parties other men alleged to be the father of the
child or any other person necessary for a full adjudication of the issues.
(c) The failure or inability to join as a party an alleged or presumed father does not deprive the
Court of jurisdiction to adjudicate some or all of the issues based on the evidence and parties
available to it.
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Revised Spokane Law & Order Code, 5/14/2013