§ 1-109. Child welfare transfers to tribal or state court.
A. The Juvenile Court, in its discretion, is authorized to transfer any children’s case arising within the Osage Nation’s jurisdiction, said child not being a member or eligible for membership in the Nation, to the Court of the child’s Indian Tribe, or if the child is a non-Indian, to the courts of the state where the child is a resident or domiciled, upon the petition of the Tribal Prosecutor of the Osage Nation, either parent, a custodian or guardian, the child’s Tribe, or an appropriate official of the child’s state.
B. In making such transfers the Trial Court may consider:
1. The best interest of the child;
2. Any special needs or mental or physical disease or defects of the child and family and the ability of the Osage Nation and the receiving jurisdiction to meet those needs;
3. If transfer is requested prior to adjudication, whether witnesses necessary to the adjudication can attend in the receiving jurisdiction;
4. Emotional, cultural, and social ties of the child and its family;
5. The likelihood that the same child and family would return to the Nation’s jurisdiction within a reasonable time and come before the Juvenile Court again.
C. Upon entering an order transferring a case as provided in this section, the Court shall serve a certified copy of the order of transfer, the legal case file, and any social or police reports concerning the child’s case to the Court Clerk of the receiving jurisdiction by certified mail, return receipt requested. The Juvenile Court may retain physical custody of the child pending an order or notice of acceptance from the receiving jurisdiction, and upon receiving such order for the protection of the child until completion of physical transfer to the receiving jurisdiction.