Title
A LEGISLATIVE ACT AMENDING TITLE 20 OF THE CHEROKEE NATION CODE ANNOTATED - COURTS AND PROCEDURE; AMENDING SECTION 24: JURISDICTION - GENERAL
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be codified as Title 20, Section 24 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this legislative act is to define the Cherokee Nation District Court's jurisdiction over child support enforcement and to make technical changes to the language which currently exists in Section 24.
Section 3. Legislative History
Source. LA 11-90, §13, effective December 13, 1990.
Section 4. Substantive Provisions of Law
§ 24. Jurisdiction-General
The District Court of the Cherokee Nation shall have general jurisdiction and is vested with original jurisdiction, not otherwise reserved to the Supreme Court, to hear and resolve disputes arising under the laws or Constitution of the Cherokee Nation in both law and equity, whether criminal or civil in nature. Such actions shall include, but are not limited to, the following over:
A. Crimes. All violations of the Criminal Code of the Cherokee Nation committed within its territorial jurisdiction within the following categories:
1. Offenses committed by Indians, as defined by federal law, against all others, Indian and non-Indian; and
2. Offenses committed by Indians, as defined by federal law, which are victimless.
B. Civil causes of action. All causes of action which arise within the territorial jurisdiction of the Cherokee Nation within the following categories:
1. Between all parties, Indian and non-Indian, who by their actions have submitted themselves to the jurisdiction of said Court; and
2. Where the defendant is Indian, as defined by federal law.
C. Domestic relations. All cases involving the domestic relations of Indians, as provided including child custody and adoption matters.
D. Child support enforcement.
1. All child support cases arising in Cherokee Nation Indian country regardless of whether the parties are Indian or non-Indian.
2. All child support cases arising on fee land within the jurisdictional boundaries of the Cherokee Nation if the child in question is an enrolled citizen of the Cherokee Nation except that the petitioning party may request that the matter be heard in state district court.
3. At the request of the custodial parent or entity, all child support cases arising on fee land outside the jurisdictional boundaries of the Cherokee Nation where the noncustodial parent is a citizen of the Cherokee Nation.
4. All child support cases presented to the Cherokee Nation by the IV-D agencies of other states or tribes if the Cherokee Nation District Court has personal jurisdiction over the noncustodial parent or the employer of the noncustodial parent.
D. E. Miscellaneous. All other matters over which jurisdiction has heretofore vested in the Cherokee Nation District Court or which may hereafter be placed within the jurisdiction of said Court by resolution enactment of the Council.
Section 6. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
Section 7. Severability
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 8. Effective Date
The provisions of this act shall become effective thirty (30) days from and after the date of its passage and approval.
Section 9. Self-Help Contributions
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.
Enacted by the Council of the Cherokee Nation on the _____ day of ___________, 2007.