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Smith River Rancheria - Tribal Code

Dated: 2006-2008

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Table of Contents

Title 5. Domestic relations (July 8, 2008) - Ch. 5-1. Domestic relations (5-1-1. Preamble). Marriage (5-1-30. Marriage license. 5-1-31. Existing marriages. 5-1-32. Persons who may marry. 5-1-33. Who may perform marriages. 5-1-34. Marriage ceremony. 5-1-35. Void and voidable marriages). Annulment (5-1-70. Grounds for annulment. 5-1-71. Action t1o annul - parties and limitations. 5-1-72. Legitimacy of children. 5-1-73. Conclusiveness of judgement of annulment). Dissolution of marriage (5-1-100. Dissolution and annulment procedure. 5-1-101. Dissolution and annulment residency requirement. 5-1-102. Grounds for dissolution. 5-1-103. Right to dissolution. 5-1-104. Maintenance and suit money; temporary orders; restraint. 5-1-105. Pleadings; findings; decree. 5-1-106. Disposition of property and children. 5-1-107. Child custody proceeding - commencement - notice - intervention. 5-1-108. Child custody - relevant factors in awarding custody. 5-1-109. Child custody - temporary custody order - vacating the order. 5-1-110. Child custody - temporary order or modification of custody decree - affidavits required. 5-1-111. Child custody - interview with child by court - advice of professional personnel. 5-1-112. Child custody - priority status of proceedings - hearings - record - expenses of witnesses. 5-1-113. Child custody - visitation rights. 5-1-114. Child custody - powers and duties of custodian - supervision by appropriate agency necessary. 5-1-115. Child custody decree - modification. 5-1-116. Child support - apportionment of expense. 5-1-117. Advocates and spokespersons - payment of costs, fees and disbursements. 5-1-118. Support or maintenance payments - to whom paid. 5-1-119. Support or maintenance payments - order to make assignment of periodic earnings or other tribal income or benefits - duty of payor to withhold and transmit. 5-1-120. Payment of costs, attorney’s fees, etc.). Separate maintenance and property rights (5-1-150. Separate maintenance. 5-1-151. Property rights of married persons. 5-1-152. Family expenses. 5-1-153. Custody of children and property). Guardianship (5-1-180. Jurisdiction). Parentage (5-1-220. “Parent and child relationship” defined. 5-1-221. Presumption of paternity. 5-1-222. Artificial insemination and surrogacy. 5-1-223. Determination of father and child relationship - who may bring action - when action maybe brought. 5-1-224. Jurisdiction. 5-1-225. Parties. 5-1-226. Blood tests. 5-1-227. Evidence relating to paternity. 5-1-228. Civil action - testimony - evidence. 5-1-229. Judgement or order determining parent and child relationship - support judgement and orders - custody. 5-1-230. Support orders - time limit, exception. 5-1-231. Temporary support - temporary restraining order - preliminary injunction - support debts, notice. 5-1-232. Enforcement of judgements or orders. 5-1-233. Modification of judgement or order - continuing jurisdiction. 5-1-324. Action to determine mother and child relationship). Certification. (22 pgs.).

Rules of court and civil procedure (June 26, 2007) – Resolution No. 07-23. Rules of court and civil procedure (1. Authorization, purpose and scope. 2. Construction. 3. Amendments to the rules. 4. Location of the court. 5. Court records. 6. Bringing a case into court. 7. Service of papers. 8. Answers and responses, amendments and forms. 9. Motions. 10. General requirements for papers. 11. Discovery. 12. Court proceedings. 13. Evidence and tribal custom. 14. Courtroom conduct and dress. 15. Judgements. 16. Children’s Court proceedings). Certification. Tribal Court fee schedule. (15 pgs.).

Children’s code (April 25, 2006) – 1. Purpose and placement preferences. 2. Definitions. 3. Jurisdiction and case transfers. 4. Investigation, removal, and notice. 5. Notice and service of notice of removal. 6. Filing a child welfare petition. 7. Shelter care hearing. 8. CASA [Court Appointed Special Advocate] appointments. 9. Diversion/mediation/family unity. 10. Case plans and evidence. 11. Jurisdiction hearing. 12. Placement and services (disposition) hearing. 13. Status review hearings. 14. Permanency hearings. 15. Actions of Tribal Court. 16. Records of the Smith River Tribal Court. 17. Tribal social workers. 18. Smith River Community and Family Services. 19. Duty to report child abuse and neglect. 20. Guardianship. 21. Modification of parental rights. 22. Adoptions. 23. Appeals. Certification. (38 pgs.).

Tribal court ordinance (April 25, 2006) – Resolution No. 06-10. Tribal Court ordinance (I. Establishment of the Smith River Tribal Court. II. Appropriations. III. Definitions. IV. Judicial Oversight Committee. V. Jurisdiction and powers. VI. Judges. VII. Court clerk/administrator. VIII. Court procedures. IX. Appeals. X. Appearances. XI. Records. XII. Diversion, mediation and family unit programs. XIII. Limitation of actions and sovereign immunity. XIV. Effective date. XV. Certification. (18 pgs.).

[Table of Contents created by NILL, based on materials available on tribe's website.]

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