Jurisdictional Issues Sample Clauses

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Jurisdictional Issues. The Service is controlled and operated by Current from its offices in the State of Illinois. Current makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
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Jurisdictional Issues. A. IDENTIFICATION OF AN INDIAN CHILD B. TRANSFERS TO TRIBAL SOCIAL SERVICES AGENCIES AND TRIBAL COURTS 1. Mandatory Transfers. DHS and the Tribes agree that, except in emergencies, the following child custody/placement proceedings must be transferred to the tribal social services agencies for appropriate action in tribal court or directly to tribal court: a. any such proceeding involving a xxxx of tribal court, regardless of the domicile or residence of the child. (25 U.S.C. ' 1911(a)); and b. any such proceeding involving an Indian child who resides or is domiciled on an Indian reservation where there is a tribal court vested by the governing body of the tribe with jurisdiction over such proceedings. (25 U.S.C. ' 1911(a)). 2. Conditional Transfers DHS and the Tribes agree that, except in emergencies, any child placement/custody proceedings involving an Indian child who neither resides nor is domiciled within an Indian reservation but whose tribe has established a tribal court and vested it with jurisdiction over such proceedings must be transferred to the tribal social services agency for appropriate proceedings in tribal court or directly to tribal court, unless: a. good cause exists for denying the transfer; b. either parent or the child objects, in writing, to the transfer, or c. the designated tribal representative declines, in writing, to accept the referral or the tribal court declines, in writing, to accept jurisdiction over the proposed proceeding (adapted from 25 U.S.C. ' 1911 (b) and Minn. Stat. ' 257.354, subd. 3 (1996)). In determining good cause not to transfer pursuant to clause (a) of this paragraph, the factors set forth in the Bureau of Indian Affairs Guidelines (Federal Register, Xxx. 00, Xx. 000, Nov. 26, 1979) shall be considered. The DHS and the Tribes agree that these BIA Guidelines, as interpreted by the courts, require that, whenever an LSSA or any other party opposes a transfer of jurisdiction, such party has the burden of establishing good cause not to transfer and must provide a written explanation of its opposition to the tribe(s) and to the parties who support the transfer. 3. Transfer Procedures DHS and the Tribes further agree that the Indian Child Welfare Procedures Manual will include procedures for identifying cases that must be handled by tribal courts and tribal social services agencies pursuant to paragraphs 1 and 2 of this section and for referring them to the tribal social services agency of the child=s tribe for app...
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Jurisdictional Issues. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Jurisdictional Issues. From the survey: Jurisdictional issues
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