§ 1-107. Transfers from state court or other tribal court.
A. Pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1911(b), any state court may transfer to the Juvenile Court herein any proceeding for the foster care placement of, or termination of parental rights to, any Indian child who is a member of, or eligible for membership in the Osage Nation, if the Juvenile Court finds that the transfer would not be detrimental to the best interests of the child.
B. By this statute, the Principal Chief of the Osage Nation or his designee is hereby established as the appropriate person to receive notice of Indian Child Welfare Act cases from the courts of any state or sovereign.
C. The Juvenile Court shall determine whether the transfer to the Osage Nation’s jurisdiction would be detrimental to the best interest of the child in a transfer hearing initiated by the Osage Nation after the order of transfer is received by the Court Clerk of the Osage Court. In making such determination, the Court may consider:
1. Whether the child or its family will be in need of special services for physical or mental disease or defect which the Nation and its resources are unable to adequately provide; and
2. If transfer is tendered prior to adjudication, whether the witnesses necessary to adjudicate the case will be available. If the witnesses will not appear the Court should decline to accept the transfer until after the adjudication is completed; and
3. Any other matters which may adversely affect the Nation’s ability to provide treatment or necessary services to the family.
D. A court transferring a case to the Nation’s jurisdiction under subsection A of this section shall transmit all documents and legal and social records, or certified copies thereof, to the Juvenile Court, which Court shall proceed with the case as if the petition had been originally filed or the adjudication had been originally made in this Court. Transfer cases shall be assigned a Trial Court juvenile division case number as in other cases.
E. The Indian Child Welfare Department shall conduct an investigation and file a written report, including recommendations as to transfer of the proceedings, with the Tribal Prosecutor within five days of receipt of notice of an Indian Child Welfare Act proceeding or a request for transfer from another Tribe.
F. Upon transfer of jurisdiction from a state or tribal court, the Tribal Prosecutor shall file a petition in the Osage Nation Court to accept transfer of jurisdiction and the Indian Child Welfare Department shall arrange for transportation and placement of the child, if required.