[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR11.907]



[Page 45-46]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents

 

                       Subpart I_Children's Court

 

Sec.  11.907  Transfer to Court of Indian Offenses.



    (a) The presenting officer or the minor may file a petition 

requesting the children's court to transfer the minor to the Court of 

Indian Offenses if the minor is 14 years of age or older and is alleged 

to have committed an act that would have been considered a crime if 

committed by an adult.

    (b) The children's court shall conduct a hearing to determine 

whether jurisdiction of the minor should be transferred to the Court of 

Indian Offenses.



[[Page 46]]



    (1) The transfer hearing shall be held no more than 30 days after 

the petition is filed.

    (2) Written notice of the transfer hearing shall be given to the 

minor and the minor's parents, guardian or custodian at least 72 hours 

prior to the hearing.

    (c) All the rights listed in Sec.  11.906 shall be afforded the 

parties at the transfer hearing.

    (d) The following factors shall be considered when determining 

whether to transfer jurisdiction of the minor to the Court of Indian 

Offenses:

    (1) The nature and seriousness of the offense with which the minor 

is charged.

    (2) The nature and condition of the minor, as evidenced by his or 

her age; mental and physical condition; past record of offenses; and 

responses to past children's court efforts at rehabilitation.

    (e) The children's court may transfer jurisdiction of the minor to 

the Court of Indian Offenses if the children's court finds clear and 

convincing evidence that both of the following circumstances exist:

    (1) There are no reasonable prospects for rehabilitating the minor 

through resources available to the children's court; and

    (2) The offense allegedly committed by the minor evidences a pattern 

of conduct which constitutes a substantial danger to the public.

    (f) When a minor is transferred to the Court of Indian Offenses, the 

children's court shall issue a written transfer order containing reasons 

for its order. The transfer order constitutes a final order for purposes 

of appeal.