§ 6-172. Jurisdictional requirements for appointing a guardian or issuing a protective order.
The Osage Nation Trial Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
A. The Osage Nation is the respondent’s home;
B. On the date the petition is filed, the Osage Nation is a significant-connection land and:
1. The respondent does not live within the Osage Nation or another state or trial court has declined to exercise jurisdiction because the Osage Nation is a more appropriate forum, or
2. The respondent lives outside the Osage Nation, a petition for an appointment or order is not pending in a court of that jurisdiction, and, before the court makes the appointment or issues the order:
a. A petition for an appointment or order is not filed within another jurisdiction;
b. An objection to the Osage Nation Trial Court’s jurisdiction is not filed by a person required to be notified of the proceeding; and
c. The Osage Nation Trial Court concludes that it is an appropriate forum under the factors set forth in 16 ONC § 6-175;
C. The Osage Nation Trial Court does not have jurisdiction under either subsection (A) or (B) of this section, all other state and trial courts have declined to exercise jurisdiction because the Osage Nation Trial Court is the more appropriate forum, and jurisdiction in the Osage Nation Trial Court is consistent with the constitutions of the Osage Nation and the United States; or
D. The requirements for special jurisdiction under 16 ONC § 6-173 are met. ONCA 13-34, eff. Apr. 19, 2013.