DMR.1.5.010 Jurisdiction

The Children's Court shall have jurisdiction over a child upon a petition filed by the Child Welfare Director or Assistant Child Welfare Director alleging that the child is a child in need of care because of the existence of any of the following conditions:

(a) The child, or another child living or staying in the same household, is the victim of or in danger of physical, sexual, or emotional harm by other than accidental means.

(b) The child, or another child living or staying in the same household, is or may be deprived of necessary custodial, medical, or other care for reasons other than poverty.

(c) The child is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from these surroundings is necessary.

(d) The child will cause injury or harm to self or another, or to the property of another, or will be or has been subject to injury or harm by another, or another child living or staying in the same household will be or has been subject to injury or harm by another.

(e) The child is without a parent or guardian.

(f) The child is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized, or institutionalized.

(g) The child has been abandoned by identified or unidentified parents, unless provision for necessary custodial, medical, and other care has been satisfactorily arranged and maintained.

(h) The child's parent, guardian, or custodian, is unavailable, unwilling, or unable to provide necessary supervision or care such that the child's safety or well-being, or the safety or well-being of another child living or staying in the same household is at imminent risk.

(i) The parent, guardian, or custodian is absent and it appears from the circumstances, that the Child is unable to provide for his/her own basic necessities of life, and no satisfactory arrangements have been made by the parent, guardian, or custodian to provide for such necessities and no alternative arrangements, except removal are available to protect the Child.

(j) The child's parent, court-appointed guardian, or custodian signs a statement alleging that he or she is unable to provide necessary custodial care or make appropriate provision for the child's special custodial, medical or other specified needs after consultation with the Child Welfare Director or the Assistant Child Welfare Director.

(k) The child's parent has failed to maintain an appropriate parental role or has failed to maintain significant contact with the child for a period of one year.

(l) The child has habitually run away from his or her parents, guardians, or custodians.

(m) The child is habitually truant from home.

(n) The child is habitually truant from school, and the school attendance officer attests that the activities required under Chapter GNC.5 have been completed.

(o) The child will run away or be taken away so as to be unavailable for further Children's Court proceedings.

(p) The child is under twelve (12) years of age and has violated tribal, state, or federal law.

(q) The child has engaged in conduct prohibited to minors, or which would be criminal if done by an adult, and whose parent or guardian fails, or has failed, or is unable to correct or regulate such conduct.

(r) The child is suffering from alcohol or other drug abuse, for which the parent is unwilling or unable to provide appropriate treatment.

(s) The child has not received immunizations as required by law.

(t) The child is a Prenatal Exposed Newborn, but only if the Child Welfare Director or the Assistant Child Welfare Director files a petition alleging that the child is in need of care within sixty (60) days of the child's birth.

(u) The child has been placed for care or adoption in violation of law.

(v) The child would be a child in need of care, protection, or services under the law of the state where the child is physically found.