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TITLE ONE current federal law to distribute trust real

estate pursuant to the laws of descent and
distribution of the State of South Dakota. So
PROBATE AND GUARDIANSHIP that consistency can be maintained for the
benefit of the Rosebud Sioux Tribe, the
Rosebud Tribal Court will admit for probate
CHAPTER 1 – PROBATE OF any Will which is valid as a Last Will and
DECEDENT’S ESTATE Testament under the appropriate provisions
of the Code of Federal Regulations for trust
real estate upon the Rosebud Reservation,
1-1-1. Jurisdiction or, which would be valid under the laws of
1-1-2. Applicability Of Other Laws the State of South Dakota. For decedent’s
1-1-3. Evidence of Death estates where no Will is admitted to probate,
1-1-4. Records the Tribal Court shall apply the rules of
1-1-5. Oaths descent and distribution then in effect for the
1-1-6. Records State of South Dakota and as applied by the
1-1-7. Renunciation Of Inheritance Department of the Interior for trust real
1-1-8. Effect Of Divorce, estate.
Annulment, or Decree Of
Separation
1-1-9. Disqualification Of Willful 1-1-3. EVIDENCE OF DEATH. A certified
Slayer or authenticated copy of a death certificate
1-1-10. Petition For Appointment Of purporting to be issued by an official or
Administrator or Executor agency of the jurisdiction where a death
1-1-11. Priorities Of Appointment purportedly occurred is prima facia evidence
1-1-12. Duties Of Administrator or of the fact, place, date, and time of death and
Executor the identity of the decedent.
1-1-13. Oath and Letters Of
Appointment A person who is absent for a continuous
1-1-14. Notice to Creditors period of seven years during which time he
1-1-15. Priority Of Payment Of has not been heard from and whose absence
Demands Against The Estate cannot be satisfactorily explained after
1-1-16. Accounting diligent search and inquiry into his
1-1-17. Distribution Of Property If whereabouts is presumed to be dead. His
No Taker death is presumed to have occurred at the
1-1-18. Status Of Heirs end of the seven year period unless there is
1-1-19. Debts Owed To The sufficient evidence for determining that deal
Decedent occurred at some other time.
1-1-20. Attorney’s Fees and Fees
For Executor or 1-1-4. RECORDS. The Clerk of the Tribal
Administrator Court shall keep a file for each decedent’s
1-1-21. Reopening Of Estates estate of all the documents filed with the
1-1-22. Rule Of Interpretation Court pursuant to this chapter.

1-1-1. JURISDICTION. The Rosebud Sioux 1-1-5. OATH. Except as otherwise
Tribal Court shall have the authority to provided in this Code, every document filed
appoint Executors and Administrators, to with the Clerk pursuant to this probate
determine heirs, determine the validity of chapter shall be deemed to include an oath
Wills, and to probate and distribute the to the effect that the representations are true
estates and Wills of any member of the to the best knowledge, information and belief
Rosebud Sioux Tribe with respect to property of the person subscribing and signing the
located on the reservation which is outside of document. The penalties for perjury shall
the jurisdiction of the Bureau of Indian follow deliberate falsifications of such
Affairs. The Tribal Court shall also exercise documents.
such functions over restricted or trust lands
in the jurisdiction of the Bureau of Indian 1-1-6. NOTICES. Whenever notice of a
Affairs to the greatest extent allowed by law. hearing on any petition or other probate
document or matter is required and except
1-1-2. APPLICIBLITY OF OTHER LAWS. for specific notice requirements otherwise
It is recognized by this Code that the provided, proper notice of the time and place
Department of the interior is obligated by of any hearing to be given to any interested

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person or his attorney shall be given as beneficiary of a bond, life insurance policy,
follows: or other testamentary device who criminally
(1) By mailing a true copy of said notice and intentionally kills the decedent is not
together with the supporting documents at entitled to any benefit under a Will or under
least 10 days prior to the time fixed for this probate code or any other law of the
hearing by first class mail addressed to the Rosebud Sioux Tribe regarding decedent’s
person to be notified or his attorney at the estate, and the estate of such decedent will
last known post office address given for pass as if the killer had predeceased the
either or at his last known office or place of decedent.
residence, or
(2) By delivering a true copy thereof to A final judgment of conviction of an offense
the person to be notified at least 10 days containing the elements of criminal or
intentional killing is conclusive for the
prior to the date fixed for hearing.
purpose of this section. In the absence of a
(3) If the address or identity of any such conviction, the Court may determine by a
person is not known and cannot be the preponderance of the evidence whether the
exercise of reasonable diligence be killing was criminal and intentional for
ascertained, notice shall be given by posting purposes of this section.
a copy of such notice in at least three
conspicuous public places on the reservation
1-1-10. PETITION FOR APPOINTMENT
for at least 10 days prior to the time fixed for
hearing. Such three conspicuous places OF ADMINISTRATOR OR EXECUTOR.
shall be fixed by the Tribal Council for the Whenever any member of the Rosebud Sioux
purpose of posting probate notices. Tribe dies with or without a Will leaving
property on the Reservation which is subject
Proof of the giving of such notice shall be to the jurisdiction of the Rosebud Sioux
made by affidavit by the person Tribal Court, any person claiming to be an
accomplishing the posting or mailing or heir of the decedent or a creditor of the
personal service and shall be filled with the decedent may petition the Court for
Court at or prior to the time fixed for hearing. appointment of an Administrator or Executor
of the decedent’s estate and for admission to
probate of any instrument purporting to be
1-1-7. RENUNCIATION OF
the Last Will and Testament of the decedent
INHERITANCE. Any person who is an heir, and for distribution of the property. The
devisee, legatee, or beneficiary under a Petition shall state the names and last known
testamentary instrument or under the laws of addresses of all persons known to the
intestate succession may renounce in whole Petitioner who may be heirs, devisees, or
or in part his inheritance or interest by filing legatees of the decedent; shall request that a
with the Court a written instrument verified hearing date be fixed on the question of
under oath at any time prior to the entry of a appointment of an Administrator or Executor
decree of distribution. Upon such proper of the estate; shall request that notice to
renouncement, the interest renounced creditors be given; shall establish the
passes as if the person renouncing it interest of the petitioner in the estate; shall
predeceased the decedent. submit with the petition the purported
instrument alleged to be the Last Will and
1-1-8. EFFECT OF DIVORCE, Testament of the deceased, and shall
ANNULMENT, OR DECREE OF request that notice of hearing be given.
SEPARATION. Any person who is divorced
from a decedent or whose marriage to the Upon receipt of such petition, the Court shall
decedent has been annulled is not a fix a time and place for hearing and shall
surviving spouse unless by virtue of a order that all persons named in the petition
subsequent remarriage he is married to the be given notice as provided by this chapter.
decedent at the time of death. A decree of
separation which does not terminate the 1-1-11. PRIORITIES OF APPOINTMENT.
marital status of the husband and wife shall The following persons, legally competent,
not be considered a divorce for inheritance shall be afforded priority in order of their
purposes. listing for appointment as Administrator or
Executor.
1-1-9. DISQUALIFICATIONS OF (1) Any person nominated in the Last
WILLFUL SLAYER. Any surviving spouse, Will and Testament of the deceased.
heir, devisee, surviving join tenant, (2) The surviving spouse.
(3) Children in descending order of age.

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(4) Other blood relatives in the order of appointed shall take an oath subscribed in
their closeness of relationship. open Court to the effect that he will faithfully
(5) Any other adult Tribal member who and honestly perform the duties of the
is a creditor of the deceased. Administrator or Executor. Upon taking of
(6) Any other adult Tribal member. such oath and filing of the bond, if any, the
Administrator or Executor shall be granted
Letters of Administration or Letters
1-1-12. DUTIES OF ADMINISTRATOR
Testamentary as proof of his appointment.
OR EXECUTOR. The duties of the
Administrator or Executor shall be to take 1-1-14. NOTICE TO CREDITORS. The
possession of all property of the deceased Administrator or Executor of the estate shall
subject to this chapter and within one month cause notice to creditors to be posted in at
after his appointment make an inventory and least three conspicuous places on the
within one month after his appointment make Reservation at the places designated by the
an inventory and appraisal of such property Tribal Court. Said notice shall state that an
and file the original with the Court and mail Administrator or Executor has been
copies thereof to all persons named in the appointed for the estate of the decedent and
petition. that any person claiming to be a creditor of
the decedent shall have 90 days from the
Such Administrator or Executor shall within date of the first posting of said notice to
60 days investigate and attempt to determine present their claim to the Clerk of the Tribal
and file with the Court a report listing all of Court and that only those claims which are
the known relatives of the decedent and timely presented shall be paid by the state.
heirs and devisees who, in the opinion of the Notice of mailing as otherwise provided by
Executor or Administrator, are entitled to this chapter shall also be given to any
distribution of the decedent’s estate. creditor actually known to be such by the
Administrator or Executor. No creditor who
The Executor or Administrator shall give holds security interest in any asset of the
notice to creditors as provided elsewhere in decedent’s estate shall be required to file a
this chapter, and upon completion of the claim in order to be paid.
notice to creditors, shall report to the Court
on the amount and nature of each creditor’s
1-1-15. PRIORITY OF PAYMENT OF
claim and recommend to the Court with
reference to each claim whether or not the DEMANDS AGAINST ESTATE. Where any
same should be allowed and paid. lien for any demand or claim exists by virtue
of a mortgage, pledge, attachment, judgment
The Executor and Administrator shall or execution levy, such lien shall have
prosecute and defend all actions by and preference according to its priority to the
against the estate and shall have the extent of such demand on any specific
authority to institute actions for the purpose property upon which such lien shall have
of recovering assets of the decedent’s attached.
estate. In addition, the Executor or
Administrator shall submit accountings to Otherwise, all demands against the estate of
the Court in accordance with this chapter, any deceased person must be paid in the
and upon the completion of his duties, shall following order:
distribute the estate in accordance with any (1) The expenses of administration;
Order of the Court. (2) Funeral expenses including the
reasonable cost of a burial lot and a
The Administrator or Executor shall file a reasonable sum for the marker on the grave;
bond in an amount set by the Court to insure (3) The expenses of last illness;
his faithful and honest performance of his (4) Any debt that may be due by the
duties as Administrator with such sureties as decedent personally to servants and
the Court may require. Said bond may be employees for services rendered within 60
waived by the Court with the consent of the days preceeding the decedent’s death;
persons entitled to distribution of the
(5) Debts having preference by the laws
decedent’s estate or if waived by the
of the United States;
decedent’s Will.
(6) All other claims.
1-1-13. OATH AND LETTERS OF
If the estate is insufficient to pay all of the
APPOINTMENT. Upon his appointment as debts of any one class, each creditor must be
Administrator or Executor, the person paid prorata in proportion to his claim, and

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no creditor of any class shall receive 1-1-17. DISTRIBUTION OF PROPERTY
payment until all of those of the preceeding IF NO TAKER. If there is no person
class are paid in full.
available to take all or any portion of the
decedent’s estate, then the property shall
If the Executor or Administrator disputes the
pass to the Rosebud Sioux Tribe.
amount of any claim filed against the estate,
he shall report the same to the Court who
shall fix a time and place for hearing on the 1-1-18. STATUS OF HEIRS. No person is
validity of such claim, and notice as provided disqualified to take as an heir because he or
by this chapter shall be given to the creditor any person through whom he claims is not a
or claimant. At the time and place fixed for member of the Rosebud Sioux Tribe or
hearing, the Court shall determine the extent because he does not live on the Reservation.
and validity of the claim and shall enter an
appropriate Order, either allowing or 1-1-19. DEBTS OWED TO THE
discarding said claim. DECEDENT. No debt owed to decedent is
charged against the share of any person
1-1-16. ACCOUNTING. After the time for except the debtor.
filing claims has expired and the
Administrator or Executor has resolved all of 1-1-20. ATTORNEY’S FEES AND FEES
the pending claims and after the FOR EXECUTOR OR ADMINISTRATOR.
Administrator or Executor has marshalled all An Administrator or Executor may upon
of the assets of the estate and has performed approval of the Court receive a fee of not
such other duties as may been required of more than 3% of the value of the gross estate
him by this code or by any Order of the Court, or the sum of $100 whichever is greater, to
and in any event, within one year after his be paid from the estate prior to the final
appointment and annually thereafter, such distribution, which fees are only paid once.
Administrator or Executor shall render an
accounting to the Court for its approval of all An attorney who represents the
receipts and disbursements from the estate Administrator or Executor for such purpose
showing the present status of the estate and may, with the approval of the Court, be paid
whether or not the same is ready for the same fee as the Administrator or
distribution and also showing the Executor.
computation of any attorney’s or
Administrator’s or Executor’s fees involved
1-1-21. REOPENING OF ESTATES. Any
for which approval for payment is requested.
estate may be reopened whenever
True copies of the accounting shall be sent to
necessary to dispose of decedent’s property
all interested persons named in the petition
discovered after the estate has been closed
or otherwise by Order of the Court. If any
or to make other necessary corrections.
interested person requests a hearing on said
accounting, the Court shall fix a time and
place for hearing the same, and the 1-1-22. RULE OF INTERPRETATION. In
Administrator shall cause notice to be given any question arising under the provisions of
as required by this chapter. If the this probate code, the Tribal Court shall
accounting is for a final accounting and the apply the general principles of probate as
Administrator or Executor claims that the annunciated in the statutory rules of the
estate is available for distribution, such State of South Dakota except where such
notice and hearing shall be given rules conflict with specific enactments of this
automatically. In the event the accounting is code or other enactments of the Tribal Code.
approved, the Court shall thereupon enter a
decree of distribution directing the Executor CHAPTER 2 - GUARDIANSHIP
or Administrator to distribute the property to
the persons entitled thereto, spelling out in 1-2-1. Guardian Defined
said decree the details of such distribution. 1-2-2. Authority To Appoint
Upon completion of the distribution and Guardian
compliance with the decree, the Executor or 1-2-3. Petition For Guardianship
Administrator shall present evidence to the 1-2-4. Notice and Hearing
Court of the completion of his duties and 1-2-5. Qualifications Of
shall thereupon be discharged by Order of Guardianship
the Court and his bond released. 1-2-6. Security Of Guardian
1-2-7. Letters Of Guardianship
1-2-8. Inventory and Appraisal

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1-2-9. Annual Accounting of the Petitioner and the Petitioner’s
1-2-10. Compensation Of Guardian relationship to the minor or alleged
1-2-11. Powers Of Guardians incompetent. It shall list all known immediate
1-2-12. Sale Of Property relatives of the minor or incompetent and
1-2-13. Actions Against the their last known address, relationships, and
Guardian ages and shall list all property of the minor or
1-2-14. Discharge Of Guardian incompetent, both real and personal, known
1-2-15. Guardianship Records to the Petitioner. The Petition shall list in
1-2-16. Guardianship and Trust detail the present conditions and
Property circumstances which demonstrate the need
1-2-17. Temporary Guardianship for appointment of a guardian and shall
and Custody request that letters of guardianship be
1-2-18. Removal Of Guardians issued to the Petitioner or some other
1-2-19. Notice For Removal Of suitable person. The Petition shall state
Guardian whether a Will exists which nominates any
person as guardian. The Petition shall be
1-2-1. GUARDIANSHIP DEFINED. A verified.
guardian is a person appointed to take care
of the person or property of another. The 1-2-4. NOTICE AND HEARING. Upon
person over whom or over whose property a receipt of a verified Petition, the Tribal Court
guardian is appointed is called a ward. A shall fix a time and place for the hearing. The
general guardian is the guardian of the Clerk of Courts shall cause notice of said
person or of all property of the ward within hearing to be given to all the interested
this state or of both. Every-other is a special persons listed in the Petition by mailing to
guardian. A guardian ad litem is a person said persons at their last known post office
appointed to represent the interests of any addressed by first class mail a true and
minor or incompetent in any lawsuit or correct copy of the Court’s order fixing the
matter pending before any Court. Guardian hearing together with a copy of the Petition
ad litem shall be appointed pursuant to Rule on file, which mailing shall be accomplished
17 (c) of the Rules of Civil Procedure. All not less than seven days prior to the date
other guardians shall be appointed as fixed for hearing. At the time fixed for
provided by this chapter. hearing, the Court shall examine the Petition
and Petitioner and hear all evidence relative
1-2-2. AUTHORITY TO APPOINT to whether or not a guardian shall be
GUARDIAN. The Rosebud Sioux Tribal appointed; determine if any person
nominated by a Will is available and consents
Court shall have authority in its discretion to
to act; determine if the proposed ward is
appoint guardians for persons or for
sufficient age or mental capacity to make an
property of persons who are minors or
intelligent decision regarding a preference
incompetent by reason of physical or mental
and given due consideration to the proposed
illness or deficiency, advanced age, or
ward’s preference of a guardian, setting
chronic use of drugs or alcohol, or for
forth the scope of the guardian’s authority,
recipient of public assistance where it is
whether or not security for his performance
found that such recipient is wasteful and
will be required, and the duration of such
unable to manage the receipt and
appointment. If the Petitioner for
disbursement of assistance payments so as
guardianship is for an incompetent, the Court
to substantially accomplish the purpose for
shall make the same inquiries as noted
which such assistance is given. The Tribal
above, and in addition, shall attempt to
Court’s authority may be exercised only over
secure the best evidence available including
Tribal members or children of Tribal
medical records so that the Court is satisfied
members which property is within the
by clear and convincing evidence that the
jurisdiction of the Tribal Court. These
person allegedly incompetent is not
powers may be exercised either by the adult
presently able to handle his property or
or juvenile divisions of the Tribal Court.
affairs.
1-2-3. PETITION FOR GUARDIANSHIP.
1-2-5. QUALIFICATIONS OF
Guardianship proceedings shall be initiated
by the filing of a petition by any interested GUARDIANSHIP. Any adult person of the
person on behalf of a minor alleged age of 21 years or older and subject to the
incompetent or by a minor himself if over the jurisdiction of the Tribal Court may serve as
age of 14 years or by a Court upon its own guardian. In appointment of the guardian,
motion. The petition shall set forth the name the first preference shall be given to those

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persons named in the Will of a deceased supporting cancelled checks, vouchers,
parent. Next preference shall be given too receipts, statements, or books of record.
relatives of the ward in the order of
closeness of the relationship with due 1-2-10. COMPENSATION OF GUARDIAN.
consideration being given to any person with No guardian shall receive any compensation
whom a minor shall have been living at the for acting as such without prior approval of
time of the guardianship hearing. Due the Court. The Court shall approve for
consideration should also be given to any payment unto a guardian reasonable fees
person preferred by a minor if he is old which fees should not annually exceed 10%
enough to make an intelligent decision in that of estates of $1,000 or less, 5% of estates of
regard. In all cases the Court shall be finally more than $1,000 but not more than $5,000
guided by the best interests of the minor or and 2½% of estates in excess of $5,000.
incompetent in selecting a guardian.
1-2-11. POWERS OF GUARDIANS. Every
1-2-6. SECURITY OF GUARDIAN. The guardian appointed for the person and estate
Court shall, unless the Court finds that no of a minor or incompetent shall have the care
need exists therefore, require a guardian to and management of said estate until the
provide security in the form of a bond or guardian is legally discharged. The
otherwise to assure the faithful performance relationship of guardian and ward is a
of the guardian’s duties. Any surety of any confidential one requiring the fidelity and
such security will be deemed to have obligation arising from trusts as is
consented to the jurisdiction of the Rosebud prescribed by the law generally on the
Sioux Tribal Court for the purpose of action subject.
against such surety.
1-2-12. SALE OF PROPERTY. No
1-2-7. LETTERS OF GUARDIANSHIP. guardian has the authority to sell assets of
Any guardian appointed by the Court shall be the guardianship estate without prior
required to take an oath the effect that he will permission of the Court unless such property
faithfully perform his duties as guardian. is ordinarily traded on a day to day basis in a
Upon taking the oath and filing with the Court recognized market, for example, grain and
such security as may have been required, the livestock. The Court shall grant approval for
guardian shall be issued Letters of sale of guardianship assets when the Court
Guardianship under the seal of the Tribal finds that such sale is in the best interests of
Court. Any limitation of the guardian’s the estate and when the Court also finds that
authority shall be set forth on the Letters of the method of sale is reasonably likely to
Guardianship. obtain the best price for the estate.

1-2-8. INVENTORY AND APPRAISAL. 1-2-13. ACTIONS AGAINST THE
Within 45 days after the appointment of a GUARDIAN. A guardian shall derive no
general guardian or guardian of property, the
personal benefit except as authorized by this
guardian shall prepare and submit to the
chapter from the management of the estate
Court an inventory and appraisal of the
of his ward and shall be civilly liable to the
assets of the estate. The appraisal shall be
ward for any losses to the estate attributable
made by at least one disinterested person
to a breach of the guardian’s duties. Any
who shall certify under oath to the appraisal action to enforce such liability brought by the
and may be awarded reasonable
ward or by a subsequently appointed
compensation for his services upon
guardian on behalf of the ward within two
application to the Court by the guardian and
years after the appointment of a new
approval of the same by the Court.
guardian or the removal of the incompetency
or the arriving at the age of the majority of
1-2-9. ANNUAL ACCOUNTING. Any the ward.
guardian of an estate shall submit an annual
accounting of the receipts and 1-2-14. DISCHARGE OF GUARDIAN.
disbursements of estate funds and estate
Every guardian appointed by this chapter
assets on the first anniversary date of his
shall serve until discharged by the Court. A
appointment as guardian and annually
guardian of a minor not otherwise
thereafter, which account shall be verified
incompetent or the minor himself may
under oath by the guardian and shall contain
petition the Court within one year after the
an accounting of all additions to and
date the minor reaches the age of majority to
withdrawals of the estate assets, and upon
have the guardian discharged and the estate
request of the Court shall be accompanied by

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turned over to the minor. The Court may (1) For breach of his trust;
grant such discharge ex parte upon the (2) For continued failure to perform his
receipt of sufficient competent evidence that duties;
the minor has reached the age of majority (3) For incapacity to perform his duties;
unless it appears to the Court that the minor (4) For gross immortality;
is otherwise incompetent, in which case the (5) For having an interest adverse to the
Court will order a hearing with notice to faithful performance of his duties;
make a determination of competency. Any (6) For removal from the jurisdiction of
person who has had guardian appointed for this Court;
reasons of incompetency or such guardian (7) In the case of a guardian of property,
or a relative of such incompetent person may for insolvency; or
petition the Court for a determination of this (8) When it is no longer proper that the
restoration to competency and for discharge ward should be under guardianship.
of the guardian. Upon receipt of such A guardian may also resign with the
petition, the Court shall order notice of permission of the Court.
hearing to be given by mailing or otherwise,
and after such notice, the Court shall receive 1-2-19. NOTICE FOR REMOVAL OF
evidence as to the current status of the GUARDIAN. Whenever it is called to the
ward’s competency. If it be found that the
attention of the Court by a Petition from an
ward is of sound mind and capable of taking
interested person or upon the Court’s own
care of himself and his property, the
motion that grounds for removal of a
guardianship shall be terminated. If it be
guardian exists, or in the event that the
found that the ward is of sound mind and
guardian has failed to render an accounting
capable of taking care of himself and his
or perform other duties as ordered by the
property, the guardianship shall be
Court, the Tribal Court may, upon such
terminated. If the Court finds otherwise, the
notice to the guardian as the Court may
guardianship shall be continued.
require, remove the guardian and compel
him to surrender the estate of the ward to the
1-2-15. GUARDIANSHIP RECORDS. The persons found to be lawfully entitled thereto.
Clerk of the Tribal Court shall keep a
separate permanent file for each
guardianship proceeding and shall file all
papers relevant thereto.

1-2-16. GUARDIANSHIP AND TRUST
PROPERTY. The Tribal Court is hereby
authorized to appoint guardians pursuant to
this chapter for minors or incompetents for
the purpose of dealing in trust property. In
addition to abiding by the procedures of this
chapter, such guardian shall also be
required to abide by the appropriate federal
rules and regulations regarding the sale and
handling of trust property.

1-2-17. TEMPORARY GUARDIANSHIP.
The Tribal court shall have the authority to
grant emergency orders for guardianship
and custody when the Court is satisfied that
a true emergency exists by virtue of a sworn
affidavit establishing the facts to the
satisfaction of the Court. Such Orders will be
good for not more than 10 days. Within such
10 days, the Court shall order and fix a date
for hearing upon the question of whether a
more permanent type of guardianship or
custody arrangement should be invoked.

1-2-18. REMOVAL OF GUARDIANS. Any
guardian may be removed by the Tribal Court
for any of the following reasons:

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TITLE TWO (6) Conviction of felony
(7) Irreconcilable differences

DOMESTIC RELATIONS 2-1-3. EXTREME CRUELTY DEFINED.
Extreme Cruelty is the infliction of grievous
bodily injury or grievous mental suffering
CHAPTER 1 – DIVORCE AND upon the other by one party to the marriage.
SEPARATE MAINTENANCE
2-1-4. WILLFUL DESERTION DEFINED.
2-1-1. Termination Of Marriage Willful Desertion is the voluntary separation
2-1-2. Grounds For Divorce of one of the married parties from the other
2-1-3. Extreme Cruelty Defined with the intent to desert. Persistent
2-1-4. Willful Desertion Defined unreasonable refusal to have reasonable
2-1-5. Willful Neglect Defined matrimonial intercourse as husband and wife
2-1-6. Habitual Intemperance is desertion. The unjustified or unreasonable
Defined refusal of either party to dwell in the same
2-1-6.1 Irreconcilable Differences house with the other party is desertion.
Defined Departure of absence of one party from the
2-1-7. Time Period for Certain family dwelling caused by cruelty or threats
Grounds of bodily harm from which danger could be
2-1-8. Chronic Mental Illness reasonably apprehended from the other is
2-1-9. Residential Requirements not desertion by the absent party, but it is
2-1-10. Waiting Period Before Trial desertion by the party causing the cruelty or
or Divorce making the threats. Separation by
2-1-11. Alimony Pending Decree agreement is not desertion. However, such
2-1-12. Decree Of Separate circumstances could ripen into desertion.
Maintenance Authorized For example, if one of the parties offered to
2-1-13. Action For Separate return for the purpose of attempting
Maintenance reconciliation and such offer was refused,
2-1-14. Allowance For Support such refusal could constitute desertion.
When Decree Entered
2-1-15. Security For Payments 2-1-5. WILLFUL NEGLECT DEFINED.
2-1-16. Support Payments To Clerk Willful Neglect is the willful failure of the
Of Courts or Social Services husband to provide for his wife the common
2-1-17. Property Division necessaries of life, he having the ability to do
2-1-18. Notification Of Child so. It is also the husband’s failure to do so by
Provisions Authorized reason of idleness or dissipation of
2-1-19. Prior Name Returned To extravagance.
Woman
2-1-20. Report Of Divorces To State 2-1-6. HABITUAL INTEMPERANCE
Health Department
2-1-21. Visitation Rights To DEFINED. Habitual Intemperance is the
Grandparents state of alcoholism or that degree of
intemperance by the use of alcohol
beverages or controlled drugs or substances
2-1-1. TERMINATION OF MARRIAGE. A
which disqualifies the person a significant
valid marriage is terminated only portion of the time from properly attending to
(1) By the death of one of the parties; or business or which would reasonably inflict a
(2) By the judgment of a Court of course of significant mental anguish upon
competent jurisdiction decreeing a divorce the innocent party.
of the parties. The effect of such decree is to
restore the parties to the state of unmarried
2-1-6.1. IRRECONCILABLE
person.
DIFFERENCES DEFINED. Irreconcilable
2-1-2. GROUNDS OF DIVORCE. Divorces Differences as used in this Chapter is that
shall be granted for only the following state of relationship between the parties to a
reasons: marriage when differences of opinion or
(1) Adultery conflict have developed between the parties
(2) Extreme cruelty which cannot be resolved other than by a
(3) Willful desertion termination of the marriage.
(4) Willful neglect
(5) Habitual intemperance

8
2-1-7. TIME PERIOD FOR CERTAIN 2-1-13. ACTION FOR SEPARATE
GROUNDS. Willful Desertion, Willful MAINTENANCE. An action for separate
Neglect, or Habitual Intemperance must maintenance may be maintained without
continue for either one year or since the respect for a divorce upon any grounds
inception of the marriage before either is a which would be grounds for a divorce. In
ground for divorce. such cases the Court shall have the same
powers with regard to alimony, support and
2-1-8. CHRONIC ILLNESS. In the case of temporary orders as if the action were for
incurable chronic mental illness of either divorce. An action for separate maintenance
spouse having existed for two years or more, shall be pursued in the identical manner as
while under confinement by order of a court an action for divorce.
of record or a Board of Mental Illness as
provided by law, the Court may in its 2-1-14. ALLOWANCE FOR SUPPORT
discretion grant a divorce. WHEN DECREE ENTERED. Where a
divorce or separate maintenance is granted,
2-1-9. RESIDENTIAL REQUIREMENTS. the Court may compel one party to make
The Plaintiff in an action for divorce must at such suitable allowance to the other party for
the time the action is commenced be a support during the life of the other party or
resident of the reservation of the Rosebud for a shorter period as the Court may deem
Sioux Tribe and remain a resident throughout just, having due regard to circumstances of
the proceeding until the decree of divorce is the parties represented. The Court may from
entered. Further, one of the parties to the time to time modify its Orders in these
marriage must be a member of the Rosebud respects.
Sioux Tribe.
2-1-15. SECURITY FOR PAYMENTS. The
2-1-10. WAITING PERIOD BEFORE Courts may require a spouse to give security
TRIAL OF DIVORCE. No action for divorce for providing maintenance or making any
shall be heard, tried, or determined by the payments for support, alimony, or property
Court until at least sixty days have elapsed division required under the provisions of this
from the completed service of the Plaintiff’s chapter. The Court may enforce the same by
Summons and Complaint therein. During the appointment of a receiver or by other
said waiting period, the Court may issue all reasonable remedies. When a spouse has a
Orders reasonably necessary to provide in separate estate sufficient to give that spouse
the Court’s discretion for alimony, temporary proper support, the Court may in its
child support, restraining orders for discretion withhold any allowance to that
protection of the parties and their property spouse out of the separate property of the
and temporary custody of children during the other spouse.
waiting period and subsequently until the
decree is entered or the action is dismissed. 2-1-16. SUPPORT PAYMENTS TO
This section shall not be construed to CLERK OF COURTS OR SOCIAL
prohibit the taking of depositions or other SERVICES. If a Decree of Divorce or
discovery prior to the hearing or trial.
separate maintenance awards child support
payments the Court may order the same to
2-1-11. ALIMONY PENDING DECREE. be paid through the Clerk of Courts. The
While an action for divorce is pending, the Clerk shall forthwith disburse the money
Court may, in its discretion, required one received to the party entitled thereto. Upon
spouse to pay as alimony any money receipt of written notice of assignment of
necessary to support the other spouse or the support obligations to the State of South
children of the parties or to prosecute or Dakota or other social services agency, the
defend the action. Clerk shall pay the support payments to the
appropriate department of social services so
2-1-12. DECREE OF SEPARATE long as the assignment remains in existence.
MAINTENANCE AUTHORIZED. Although The Clerk of Courts shall maintain adequate
a judgment of divorce is denied, the Court records in the original divorce file so that
may in an action for divorce provide for proof will exist of the payments due and the
maintenance of a spouse and the children of history of payments made and
the parties or any of them by the other disbursements to either the spouse or the
spouse. department of social services.

9
2-1-17. PROPERTY DIVISION. In a by one of the parents of the child, or if the
decree of divorce or separate maintenance, parent of the child who is the child of the
the Court shall have full power to make an grandparent is dead. The Tribal Court may
equitable division of the property belonging grant a petition for grandchild visitation
to either party or both parties whether the rights only upon finding that such visitation is
title to such property is in the name of the in the best interests of the child. Petitions for
husband or the wife. In making such division visitation by grandparents may be denied by
of the property, the Court shall have due the Court in circumstances where the child
regard for the equity and circumstances of has been placed for adoption with a person
the parties and the contributions by each at other than the child’s stepparent or
the time of the marriage. The degree of fault grandparent.
by each of the parties should not be a
significant factor in determining property CHAPTER 2 – ADOPTION
division. However, maintenance of children
may be considered by the Court in awarding 2-2-1. Authority Of The Court
property. 2-2-2. Age of Child and Adoptive
Parent
2-1-18. NOTIFICATION OF CHILD 2-2-3. Status Of Children Born To
PROVISIONS AUTHORIZED. In any action Unmarried Women
for divorce or separate maintenance, the 2-2-4. Consent
Court may before or after entry of decree 2-2-5. Consent Of Parents
enter such Orders regarding the custody, 2-2-6. Multiple Adoptions
care, and education of the children of the 2-2-7. Ecagwaya or Traditional
marriage as may to the court be in the best Adoption
interests of the children including 2-2-8. Waiting Period
modification of child support payments and 2-2-9. Petition For Adoption
may at any time vacate or modify the same. 2-2-10. Investigation Of Petition
Fault shall not be considered in determining 2-2-11. Notice Of Hearing
custody of children except as may be 2-2-12. Service By Publication
relevant to the fitness of either parent in 2-2-13. Appearances
determining the best interests of the 2-2-14. Examination and Findings By
children. The Court
2-2-15. Enrollment Not Affected
2-1-19. PRIOR NAME RETURNED TO
WOMAN. During any action for divorce, the 2-2-1. AUTHORITY OF THE COURT. The
woman involved in the proceeding may Rosebud Juvenile Court shall have the
request and have her maiden name restored authority to hear any Petition for adoption
to her or such other name as she legally used involving any Indian child whose domicile or
prior to her marriage to the other party to the actual residence is within the exterior
divorce in the discretion of the Court. boundaries of the Rosebud Sioux Tribe or
within Indian Country within the original
boundaries of the Rosebud Sioux Tribe
2-1-20. REPORT OF DIVORCES TO
Reservation, or where jurisdiction is
STATE HEALTH DEPARTMENT. The conferred upon the Tribal court by the
Clerk of the Tribal Court shall report Federal Indian Child Welfare Act Public Law
information of each divorce decree filed in 95-608.
the office of the clerk on forms prescribed
and furnished by the South Dakota 2-2-2. AGE OF CHILD AND ADOPTIVE
Department of Health.
PARENT. Any child under the age of 18
years may be adopted by any adult pursuant
2-1-21. VISITATION RIGHTS FOR
to the provisions of this Code if the proposed
GRANDPARENTS. The Tribal Court may adoptive parent is at least ten years older
grant grandparents reasonable rights of than the child to be adopted.
visitation with their grandchildren with or
without petition of the grandparents if it is in 2-2-3. STATUS OF CHILDREN BORN TO
the best interests of the grandchildren. The
UNMARRIED WOMEN. If the natural father
grandparents of the child may petition the
Tribal Court for grandchild visitation rights if of the child born to an unmarried women
the parents of the child are divorced or publicly acknowledges said child as his own
legally separated, or an action for divorce or and received said child into his own family
separate maintenance has been commenced and authorizes or allows his name to be

10
place upon the birth certificate of the child as recognition of where the child’s sense of
the father of the child, he thereby becomes family is. Ecagwaya is to raise or to take in
the father of said child for all purposes as if as if the child is a biological child.
he had been married to the mother of said
child at the time of the birth of said child. No 2-2-8. WAITING PERIOD. No Petition for
further proceedings are necessary to be adoption shall be granted and approved until
instituted pursuant to this Chapter to the child shall have lived within the proposed
establish said person as the legitimate father adoptive home for a period of at least six
of said child. months prior to the entry of the Order of
Adoption.
2-2-4. CONSENT. If the child to be adopted
is the age of 12 years or more, the written 2-2-9. PETITION FOR ADOPTION. A
consent of said child is necessary to its Petition for adoption shall be filed with the
adoption. Tribal Clerk of Courts and shall include the
following information:
2-2-5. CONSENT OF PARENTS. No child (1) The name, address, residence, birth
can be adopted without consent of both of date, social security number, and race of the
the natural parents, if living, provided that in person or persons requesting adoption
the following cases consent shall not be (2) The name, address, birth date, race,
necessary: and residence of the child to be adopted
(1) From any parent whose paternal rights (3) The length of time that the child to be
have been judicially determined and adopted has been living in the proposed
terminated, provided that such terminations adoptive home
shall be final on appeal or that the time for (4) The name, address, residence, birth
such an appeal shall have expired; or date, and race if known of the natural mother
(2) From any parent who has been and natural father of the child to be adopted
adjudged by a Court of competent (5) A statement as to whether or not one
jurisdiction to be mentally incompetent or or both of the natural parents of the child to
mentally ill; or be adopted have consented to the proposed
(3) From any parent who has abandoned adoption, and if so, the written documents
his or her child for a consecutive period in indicating the consent should be attached to
excess of one year from the date of filing of the Petition
the Petition of adoption. (6) If the consent of one or both of the
natural parents has not been obtained, a
2-2-6. MULTIPLE ADOPTIONS. The statement shall be included in the Petition as
adoption of two or more children by the same to why the consent is not necessary and
adopting parent or parents may be included allege facts in support of that position
in one proceeding provided that a separate (7) A full description and statement of
Order of Adoption shall be entered and filed value of all property owned or possessed by
by the Court as to each child adopted. the child to be adopted, and
(8) A statement by the proposed adoptive
2-2-7. ECAGWAYA OR TRADITIONAL parent or parents that they will treat said
child in all respects as if said child were their
ADOPTION. Means according to Tribal natural child.
custom, the placement of a child by his
natural parent(s) with another family but
2-2-10. INVESTIGATION OF PETITION.
without any Court involvement. After a
Upon receipt of a Petition for adoption
period of two years in the care of another
pursuant to this Code, the Clerk shall notify
family, the Court, upon petition of the
the appropriate Tribal judge who shall enter
adoptive parents, will recognize that the
adoptive parents in a custom or traditional an Order directed to the Bureau of Indian
Affairs or Tribal Social Services Department
adoption have certain rights over a child
or a State Division of Social Services or some
even through parental rights of the natural
other competent agency or person appointed
parents have never been terminated.
by the Court to make careful and thorough
Traditional adoption must be attested to by
investigation of the Petition and the proposed
two reliable witnesses. The Court, in its
adoptive home and adoptive parents and
discretion, on a case by case basis, shall
natural parents and report his findings to the
resolve any questions that arise over the
Court in writing including therein a
respective rights of the natural parent(s) and
recommendation as to whether or not the
the adoptive parent(s) in a custom adoption.
adoption should or should not be granted.
The decision of the Court shall be based on
the best interests of the child and on

11
2-2-11. NOTICE OF HEARING. Upon 2-2-13. APPEARANCES. At the time fixed
receipt of the Petition for adoption and the for hearing the Petition for adoption, the
investigation and recommendation, the Court proposed adoptive parent, the child to be
shall fix the time and place for hearing the adopted, and any spouse of the proposed
Petition for adoption which shall be in written adoptive parent must appear before the
form and which shall state that the parental Court and execute consents to the adoption.
rights of said child held by any natural The natural parents may appear at said
parents will be terminated if the Petition for hearing for the purpose of either consenting
adoption is granted. The notice shall also to the adoption or resisting the adoption if
state the time, date, and place of the hearing the Petition alleges that the adoption should
and that the natural parents may attend the take place without their consent pursuant to
hearing and show cause if any exists why Section 2-2-5 of this Code. All persons
such adoption should not be granted. A copy except the proposed adoptive child and the
of the Petition for adoption and Order for proposed adoptive parents may enter their
Hearing shall be personally served upon the appearances through Power of Attorney.
proposed adoptive parents and upon the Also at the time of hearing the Petition for
natural parents personally at least ten days adoption, the proposed adoptive parents
before the date fixed for hearing. Proof of must execute an agreement with the Court
regular service required by this Section shall that said parent shall treat the child to be
be made of record by the Affidavit of the adopted in all respects as a natural and
person completing service or by a service lawful child should be treated.
return of a process server.
2-2-14. EXAMINATION AND FINDINGS
2-2-12. SERVICE BY PUBLICATION. In BY THE COURT. The Court shall examine
the event that personal service as required all persons appearing at the hearing on the
by the above Section is not possible because Petition for adoption and satisfy himself from
the person to be served cannot be located such examination, and such reports as he
after a reasonably diligent attempt to locate may have received, including
said person or because one of the natural recommendations, that the child is suitable
parents cannot be identified, such facts and for adoption and that the proposed adoptive
circumstances shall be set forth in an parent is financially and morally qualified to
Affidavit presented to the Court. If the Court provide the care and training of said child
is satisfied that a reasonable effort has been and that all the requirements by law have
made to locate and identify the person to be been met, including notices, and that the
served and that such reasonable effort has interests of the child will be promoted by the
been unsuccessful, the Court may enter an adoption. If the Court so finds, he must enter
Order authorizing service by publication or Findings of Fact in writing and make an
posting. Service by publication or posting Order of Adoption, including a declaration
shall be done by a posting a copy of the that said child henceforth shall be the
Notice of Hearing at the post office serving adopted child of the person petitioning for
the community of the person’s last known adoption and shall be regarded and treated
residence on the reservation or by in all respects as the natural child of such
publication of said notice of hearing in a legal person. Said Order shall also include the
newspaper designated by the Tribal Council adoptive name, date of birth, sex, color, or
for such purposes at least 10 days prior to race and place of birth of the adoptive child
the date fixed for hearing. A copy of the and the name, date of birth, citizenship,
Notice of Hearing shall also be posted in the residence, race, birthplace, and occupation
Tribal Courthouse and in at least one of the adoptive parent or parents. Such child
conspicuous place in the Tribal Building in when adopted pursuant to this Chapter may
Rosebud, South Dakota. In either case, a take the family name of the adoptive parents.
copy of the Notice and Petition shall be After the approval of the adoption, the
mailed to said person at his last known post adoptive child and the adoptive parent shall
office address by first class mail so that the maintain towards each other the legal
same can be forwarded. The fact of relationship of parent and child and shall
completed service shall be made to appear have such rights and responsibilities as are
by affidavit of the person having posted or ordinarily present in such relationship. The
mailed the notices and by Affidavit of natural parents of such adopted child are
Publication from the legal newspaper if from the time of the adoption relieved of all
publication was ordered by the Court. parental responsibility in relationship to said
child and shall have no rights with regard to
said child except in case where a natural

12
parent consents to the adoption of such child D. “Family or household member” means
by the natural parent’s spouse and where the spouse, persons living with spouses, persons
natural parent and the adoptive parent are related by blood or marriage, and other
maintaining a husband-wife relationship and persons jointly residing in the same dwelling
the child is residing in the same home. unit who are eighteen (18) years of age or
older, or who are emancipated;
2-2-15. ENROLLMENT NOT AFFECTED. E. “Petitioner” means person alleging
The fact of adoption shall not in any manner abuse in a petition for order of protection;
effect the adoptive child’s qualifications and F. “Respondent” means person alleged to
right to be enrolled in the Rosebud Sioux have abused another in a petition for order of
Tribe. However, such enrollment shall be protection.
based upon the child’s natural parents.
2-3-2. JURISDICTION. This ordinance
CHAPTER 3 – PROTECTION FROM shall be construed to invoke the civil
jurisdiction of the Rosebud Sioux Tribal
ADULT ABUSE Courts over Indian and Non-Indian persons
subject to the Court jurisdiction. The
2-3-1. Definition jurisdiction of the Court shall remain in effect
2-3-2. Jurisdiction until such time as a complaint for divorce is
2-3-3. Petition For Relief filed and the Court orders the dissolution or
2-3-4. Assistance In Filing Petition- modification of any order of protection.
Extension-Hearing-Costs
and Attorney Fees 2-3-3. PETITION FOR RELIEF. Any and
2-3-5. Scope Of Protection Order
all who have been subjected to or threatened
2-3-6. Statement Of Penalty For
to abuse by a present adult family or
Violation Included In
household member may seek relief under
Protection Order
this chapter by filing a sworn petition alleging
2-3-7. Protection Order Not To
such abuse by the Respondent.
Affect Title To Real Property
2-3-8. Execution Of Bond Not
Required 2-3-4. ASSISTANCE IN FILING
2-3-9. Duration Of Protection PETITION-EXTENSION-HEARING-COST
Order-Modification AND ATTORNEY FEES. Upon the filing of a
2-3-10. Copies Of Protection Order petition under this chapter, the Court may
To Be Issued immediately, for good cause shown, issue
2-3-11. Penalty For Violation Of and ex parte order of protection. An
Order or A Consent immediate and present danger of abuse to
Agreement-Civil Contempt the Petitioner shall constitute good cause for
2-3-12. Arrest for Violation purpose of this section. With ten (10) days of
2-3-13. Arrestee To Answer Change service of such an order on the Respondent
Of Contempt Hearing Bond- under this Chapter, a hearing shall be held,
Notification To Protected at which time the Court shall either dissolve
Party any ex parte order which has been issued, or
2-3-14. Leaving Residence, shall, if the Petitioner has providing the
Necessary Force Not To allegation of abuse by preponderance of the
Effect Right To Relief evidence, extend the order of protection for a
definite period of time not to exceed one (1)
2-3-1. DEFINITION. For the purpose of year. Any ex parte order protection shall be
this chapter, the following terms shall have in effect until the time of hearing. If no ex
the following meanings, unless the context parte order of protection has been issued as
clearly indicated otherwise: of the time of hearing, and the Petitioner has
A. “Abuse” means inflicting or attempting proved the allegation of abuse by a
to inflict physical injury on an adult by other preponderance of the evidence, the Court
than accidental means, physical restraint, or may at the time, issue an order of protection
malicious damage to the personal property of for a definite period of time not to exceed one
the abused party; (1) year. The Court shall cause a copy of the
B. “Adult” means any person eighteen petition and notice of the date set for hearing
(18) years of age or older or who is otherwise on such petition, as well as copy of any ex
emancipated; parte order of protection, to be served upon
C. “Court” means the Rosebud Sioux the Respondent at least five (5) days prior to
Tribal Court; such hearing. Such notice shall advise the
Respondent that he may be represented by

13
counsel. If the Court, after the hearing, of circumstances sufficient to warrant the
issues or extends an order of protection, modification.
Petitioner’s Court costs and attorney’s fees
shall be assessed against the Respondent. 2-3-10. COPIES OF PROTECTION
ORDER TO BE ISSUED. A copy of any
2-3-5. SCOPE OF PROTECTION ORDER. order of protection granted under this
Any order of protection granted under this chapter shall be issued to the Petitioner, the
chapter to protect the Petitioner from abuse Respondent, and all tribal law enforcement
may include, but is not limited to: agencies.
(1) Directing the Respondent to refrain
from abusing or threatening to abuse the 2-3-11. PENALTY FOR VIOLATION OF
Petitioner;
(2) Granting the Petitioner possession of ORDER OR A CONSENT AGREEMENT-
the residence or household to the exclusion CIVIL CONTEMPT. Upon violation of the
of the Respondent by evicting the order of protection or a Court approved
Respondent, by restricting possession to consent agreement, the Court may hold the
Petitioner or by both; Respondent in civil contempt and punish him
(3) Directing the Respondent to provide in accordance with the law.
suitable housing for the Petitioner when the
Respondent is the sole owner or lessee of the 2-3-12. ARREST FOR VIOLATION OF
residence or household; PROTECTION ORDER-ARREST
(4) Awarding temporary custody of, or
WITHOUT WARRANT.
establishing temporary visitation rights with
A. An arrest for violation of an order of
regard to any minor children born to or
protection issued pursuant to this chapter
adopted by the parties; or
may be with or without warrant. Any law
(5) Awarding final support to the
enforcement officer may arrest the
Petitioner and such persons as the
Respondent without a warrant if
Respondent has the duty to support. Relief
(1) The officer has proper jurisdiction
granted pursuant to paragraphs (2) through
over the area in which the moving party
(5) of this section shall be ordered only after
resides;
the Petitioner or Respondent have been
(2) The Officer has reasonable cause to
given an opportunity to be heard by the
believe the Respondent has violated or is in
Court.
violation of an order of protection and;
(3) The officer has verified whether an
2-3-6. STATEMENT OF PENALTY FOR order of protection is in effect against the
VIOLATION INCLUDED IN PROTECTION Respondent. If necessary, the police officer
ORDER. An order of protection issued may verify the existence of an order of
under this chapter shall include the protection by telephone or radio
statement of the maximum penalty which communication with an appropriate law
may be imposed pursuant to 2-3-11 for enforcement department.
violating such order. B. No ex parte order of protection can be
enforced under this section until the
2-3-7. PROTECTION ORDER NOT TO Respondent has been served with the order
of protection or otherwise has acquired
AFFECT TITLE TO REAL PROPERTY. No
actual knowledge thereof.
order of protection made under this chapter
shall in any manner affect title to any real
property. 2-3-13. ARRESTEE TO ANSWER
CHANGE OF CONTEMPT HEARING
2-3-8. EXECUTION OF BOND NOT BOND-NOTIFICATION TO PROTECTED
REQUIRED. The Court shall not require the PARTY. A person arrested pursuant to this
execution of a bond by the Petitioner to issue chapter shall be brought before the Court or
any order of protection under this chapter. a magistrate within forty eight (48) hours to
answer a charge of contempt for violation of
2-3-9. DURATION OF PROTECTION the order of protection and the Court or
magistrate shall:
ORDER-MODIFICATION. All orders of
(1) Set a time certain for a hearing on the
protection shall be effective for a fixed period
alleged violation of the order of protection
of time, not to exceed one (1) year. The
within seventy two (72) hours after arrest,
Court may modify its order at any time upon
unless extended by the Court on the motion
subsequent motion filed by either party
of the arrest person;
together with an affidavit showing a change

14
(2) Set a reasonable bond pending the limit the power of the court to also rule on the
hearing on the alleged violation of the order validity of marriages in other proceedings,
of protection; and including but not limited to probate
(3) Notify the person who has procured proceedings. The Tribal Court is also
the order of protection and direct the party to empowered to perform civil ceremonies of
show cause why a contempt order should be marriage under such rules and procedures
issued. as adopted by the Chief Judge of the
Rosebud Sioux Tribal Court.
2-3-14. LEAVING RESIDENCE,
NECESSARY FORCE NOT TO EFFECT 2-4-4. EFFECT OF PRIOR
RIGHT TO RELIEF. ENACTMENTS. Any prior resolutions,
A. The Petitioner’s right to relief under ordinances, pronouncements, or decrees set
this chapter shall not be affected by forth by this governing body or any authority
Petitioner’s leaving the residence or whatsoever which is contrary to the terms of
household to avoid abuse. this chapter, is now and always was void as
B. The Petitioner’s right to relief under being inconsistent with the practices of the
this Chapter shall not be affected by use of Rosebud Sioux People.
such physical force against the Respondent
as is reasonably believed to be necessary to
defend the Petitioner or another from
imminent physical injury or abuse.

CHAPTER 4 – MARRIAGE OF TRIBAL
MEMBERS

2-4-1. Jurisdiction
2-4-2. Marriage By Tribal customs
2-4-3. Access To Tribal Courts
2-4-4. Effect Of Prior Enactments

2-4-1. JURSDICTION. The Rosebud Sioux
Tribe hereby assumes jurisdiction over
matters of marriage between tribal members.
Nothing herein shall, however, impede the
power of the Tribe and Tribal Courts to
recognize marriages validity entered into
under the laws of other jurisdictions.

2-4-2. MARRIAGE BY TRIBAL
CUSTOMS. The Rosebud Sioux Tribe and its
courts shall recognize the sanctity and
validity of marriage by tribal custom and
traditional practice, without requirements of
oath, affirmation or ceremony or involvement
of religious or civil authority. Under
traditional practice, and the meaning of this
section, such marriage and legal recognition
thereof shall require only mutual commitment
and prolonged cohabitation along with actual
or implied recognition of the same by the
parties and their families.

2-4-3. ACCESS TO TRIBAL COURTS.
The remedy and procedure of declaratory
judgment shall be available in the Rosebud
Sioux Tribal Court for purposed of
determining the validity and existence of
marital relationships as provided under the
terms of this chapter. Nothing herein shall

15
(2) An Emotionally Abused Child is one
TITLE THREE found to be in one or more of the following
situations, dependant upon proof of parental
or legal guardian action which has resulted
JUVENILES in serious harm to the child.
(a) A child whose parents fail to love,
listen, guide or pay attention to;
CHAPTER 1 – GENERAL (b) A child who receives no moral,
PROVISIONS spiritual, or intellectual instruction from his
parents;
3-1-1. Purpose and Construction (c) A child who is separated or
3-1-2. Definitions isolated from other members of the family
3-1-3. Procedures Established (locked in locked out);
3-1-4. Jurisdiction (d) A rejected child;
3-1-5. Powers and Duties (e) A child whose parents have
3-1-6. Judges unrealistic expectations for him;
3-1-7. Other Officer Appointments, (f) A child whose parents or others
Salaries and Duties verbally harass, tease, swear at and/or
3-1-8. Court ridicule him;
(g) A child whose parents have failed
to provide the child’s basic needs for food,
3-1-1. PURPOSE AND CONSTRUCTION.
shelter and clothing;
It is the purpose of this Juvenile Code to (h) A child whose health is
provide each child coming before the Tribal endangered by exposure to alcohol, drugs,
Juvenile court such care, guidance and tobacco; and/or
control, preferably in his own home as will (i) A child whose home life-style is
serve his welfare and the best interests of dangerous (e.g., excessive drinking,
the Rosebud Sioux Tribe of the Rosebud excessive numbers of people in the house, no
Reservation; to preserve and strengthen food, etc.).
family ties; to preserve and strengthen the (3) A sexually Abused Child is one who
child’s cultural and Tribal identity; to secure is found to be in one or more of the following
for any child removed from his home that situations, dependent of proof of parent/legal
care, guidance, and control as nearly guardian action which has resulted in serious
equivalent to that which he should have been harm to the child:
given by his parents to help him develop into (a) An unconsenting minor involved
a responsible will-adjusted adult; to improve in sexual activity with an adult;
any conditions or home environment which (b) Any child (boy or girl) under age
may be contributing to his delinquency; and of sixteen (16) who is involved in sexual with
at the same time, to protect the peace and an adult (male or female);
security of the community and its individual (c) Any child forced to perform
residents from juvenile violence or law sexual services in exchange for debts or
breaking. favors; and/or
(d) Any unconsenting child who is
3-1-2. DEFINITIONS. forced to perform sexual acts by other
1. “Abused Child” a child found to be minors.
suffering abuse of a physical, emotional, (4) A Nutritionally Abused Child is one
nutritional, sexual or exploitive nature. The found to be in one or more of the following
following serve as guidelines to the Court situations:
dependent upon proof of parental and/or (a) A child whose parents provide
legal guardianship action which has resulted inadequate or inappropriate foods (e.g.,
in serious harm to the child. alcohol, excessive junk foods, etc.); and/or
(1) A Physically Abused Child is one (b) A child whose parents misuse the
found to be in one or more of the following benefits intended for the child including
situations: selling or squandering food stamps,
(a) Beatings; commodities, or BIA grocery orders.
(b) Unusual or inappropriate 2. “Act” means the Indian Child Welfare
punishments (does the punishment fit the Act, Public Law 95-608.
crime); 3. “Adjudication” means a finding by the
(c) A child with multiple injuries; Court, stated in decree, that the facts alleged
and/or in the petition have been proven.
(d) A child who is knocked 4. “Adult” means any person who has
unconscious by a parent or guardian. reached his /her eighteenth (18) birthdays.

16
5. “BIA” means Bureau of Indian Affairs. (2) A child who lacks proper care by
6. “Child” means minor who is enrolled in reasons of the mental or physical condition
or eligible for enrollment in the Rosebud of the parents(s), guardian, or custodian.
Sioux Tribe, or any other Indian on the 14. “Deprivation of Custody” means
Reservation, who is less than eighteen (18) transfer of legal custody by the Court from a
years of age, or any person still subject to parent or parents or a previous custodian to
the continuing jurisdiction of the Tribal another person, agency, or institution.
Juvenile Court. 15. “Detention” means the temporary care
7. “ Child Custody Proceeding” means any in the Juvenile Center of children who
voluntary or involuntary administrative or require secure custody, in physical
judicial action which may result in the restricting facilities pending Court
removal (temporary or permanent) of a child disposition or transfer to another
from its parent(s), the child being an enrolled jurisdiction.
member of the Rosebud Sioux Tribe (or 16. “Diversion” means any informal
eligible for enrollment) or who lives within or probationary status whose focus is to help a
near the original boundaries of the Rosebud juvenile keep out of trouble without formal
Indian Reservation. Court action. Diversion covers any juvenile
8. “Minor in Need of Care” is a child found brought before the Court because of his own
to be in one or more of the following misconduct but not formally adjudicated.
situations: 17. “Extended Family” means any person
(1) A child who is habitually truant; related by blood or marriage to the family or
(2) A child who violates the curfew; any individual who is viewed by the family as
(3) A child who is unmanageable to a relative or in accordance with customs of
parental control or is incorrigible; the Rosebud Sioux Tribe. In situations where
(4) A child who is found to be that the relationship is not formally established by
described in subsections 1, 12, 13, and 26 of blood or marriage, the relationship must be
this section; attested to by two (2) reliable witnesses.
(5) A child who is a habitual runaway; 18. “Foster Care” means the placement of
and/or a child with another family for a temporary
(6) A child who habitually so deports period of time.
himself so as to injure or endanger the health 19. “Guardian” means the guardian of the
or well-being of himself or others. person and not a guardian of property or
9. “Child Placement Agency” means any estate.
agency licensed by the Tribe or the State of 20. “Guardian Ad Litem” means an
South Dakota to receive for placement or individual appointed by the Court to
adoption; the Administration of the Child represent the best interests of the child in an
Welfare, the BIA Branch of Social Services, advocate role.
the South Dakota Department of Social 21. “Guardian of the Person” includes,
Services, or any agency receiving children among other things, the authority to consent
for placement or adoption in another State, to marriage to enlistment in the armed
which agency is licensed or approved as forces, and to consent to major medical,
required by law. surgical, or psychiatric treatment.
10. “Community Expert Witness” means 22. “Judge” means the Juvenile Judge of
an individual recognized by the Juvenile the Rosebud Sioux Tribe.
Judge of the Rosebud Sioux Tribal Court as 23. “Lay Expert Witness” means an
an expert in Tribal customs as they pertain to individual without extensive professional
family organization and child rearing training, but who does have extensive
practices. experience in the delivery of child and family
11. “Court” means the Tribal Juvenile services to the Rosebud Sioux Tribe
Court of the Rosebud Sioux Tribe unless the community.
Tribal Court or some other Court is clearly 24. “Legal Custody” means subject to any
intended. limitations which may be imposed by the
12. “Delinquent Child” means any child Juvenile Court, a relationship embodying the
under the age of eighteen (18) years within following rights and duties:
the jurisdiction of the Court who violated any (1) The rights to physical custody of a
of the offenses enumerated in the Rosebud child:
Sioux Tribe Law and Order Code. (a) Temporary Custody;
13. “Dependent Child” is a child found to (b) Permanent Custody;
be in one or more of the following situations: (c) Change of Custody;
(1) A child who is homeless or destitute (d) Child Support; and/or
or without proper support or care; and/or (e) Visitation Rights.

17
(2) The right and duty to protect, train, child rearing practices of the Rosebud Sioux
discipline and financially support a child Tribe.
(3) The duty to provide a child with food, 29. “Probation” means legal status of a
clothing, shelter, education, and ordinary child created by Court Order following an
medical care adjudication based on a violation of the Law
(4) The right to determine where and and Order Code of the Rosebud Sioux Tribe,
with whom a child shall live where the child is permitted to remain in its
(5) The right, in an emergency, to home under prescribed conditions and under
authorize surgery or other extraordinary supervision by a probation officer designated
care. by the Court subject to return to Court for
25. “Minor Parent” means any parent violation of any of the conditions prescribed.
under age eighteen (18). 30. “Protective Supervision” means legal
26. “Neglected Child” is a child found to status created by Court Order following
be in one or more of the following situations: adjudication of neglect or dependency where
(1) A child whose parent(s), guardian, the child is permitted to remain in its own
or custodian fail or refuse to provide home, and supervision and assistance to
necessary subsistence, education, or correct the neglect or dependency is
medical care, or any other care necessary provided by the Child Protection Program or
for his health and will-being while capable of other agency designated by the Court.
doing so; 31. “Residual Parental Rights and Duties”
(2) A child who lacks adequate parental means those rights and duties remaining with
control by reasons of the fault or habits of his the parents after legal custody or
parent(s), guardian, or custodian; guardianship, or both, have been vested in
(3) A child under ten (10) years of age another person or agency, including but not
who is left without competent supervision limited to, the responsibility for support, the
overnight for other than emergency reasons; right to consent to adoption, the right to
(4) A child exposed to physically determine the child’s religious affiliation, and
dangerous situations as a result of parental the right to reasonable visitation, unless
negligence; restricted by the Court. If no guardian has
(5) A child, under ten (10) years of age been appointed, residual parental rights and
who is left alone or unsupervised in a car duties are, the right to consent to marriage,
while its parent is in a bar; to enlistment in the Armed Forces, and
(6) A child, under eighteen (18) years of consent to major medical, surgical, or
age who accompanies its parent(s) into a bar psychiatric treatment.
where he is unsupervised or uncared for; 32. “Standard Adoption” means those
(7) A child left with an irresponsible adoptive placements occurring after all
babysitter (e.g., babysitter is intoxicated, too parental rights and obligations have been
young, etc.); terminated by the Court.
(8) A child under eighteen (18) years of 33. “Termination of Parental Rights”
age is allowed access to alcoholic beverages means permanent elimination of all parental
and/or drugs; duties, including residual parental rights and
(9) A child under twelve (12) years of duties by Court Order, unless otherwise
age or under and has more than ten (10) decreed by the Court. The Court may, in its
unexcused absences from school in one discretion, terminate parental rights while at
quarter; the same time restricting adoptive placement
(10) A child who is not dressed to a family willing to allow the child continued
adequately for weather conditions; contact with their natural parents.
(11) A child who is allowed to be out 34. “Parents” means any biological
and unsupervised after curfew. parent(s) of any Indian child or person who
27. “Open Adoption” means those has lawfully adopted an Indian child,
adoptive placements made through the Court including ecagwaya placement.
when most, but not all parental rights, have 35. “Shelter” means the temporary care of
been terminated. Open adoption allows the children in foster care families or foster
Court to insure than an older child who has group care facilities pending Court
established bonds of affection with its disposition or transfer t another jurisdiction.
natural parents, while at the same time 36. “State” means the State of South
become part of another family. Dakota.
28. “Qualified Expert Witness” means a 37. “Tribe” means the Rosebud Sioux
professional person having a substantial Tribe.
educational background in the area of his or 38. “Reservation” means the Rosebud
her specialty and extensive knowledge of the Indian Reservation, as established by the
prevailing social and cultural standards and Treaty of 1867”.

18
(b) Proceedings for the commitment
3-1-3. PROCEDURES ESTABLISHED. All of a mentally retarded or mentally ill child;
procedures and provisions established (c) All proceedings to determine the
herein, shall be construed and applied so as custody of or to appoint a legal guardian or
to provide due process of law to both custodian of the person if a child;
children and adults subject to this Juvenile (d) All proceedings to determine
Code: visitation rights and child support actions
(1) Due process shall include the right to (e) All proceedings for contributing
legal representation in accordance with the to the delinquency of a minor
Tribal Code. (7) All definitions elsewhere in this
(2) Due process in any proceeding for Juvenile Code shall apply to any non-Indian
termination about appeal in accordance with under the age of eighteen (18) years who
the Tribal Code. may be within the jurisdiction of the Tribe.
B. Transfer of Cases. If, during the
3-1-4. JURISDICTION. pendency of a criminal or quasi-criminal
A. Original Jurisdiction. Except as proceeding in the Tribal Court, including a
preliminary hearing, it shall be ascertained
otherwise specifically provided, the Juvenile
that he person charged was less than
Court shall have original jurisdiction over any
eighteen (18) years of age at the time of
Indian child domiciled or residing upon or
committing the alleged offense, the Court
found upon the Reservation, or who has been
shall transfer the case to the Tribal Juvenile
transferred to the Juvenile Court under the
Court, together with all the papers,
Indian Child Welfare Act, and over all
documents, and transcripts of any testimony
persons having care, custody, or control of
connected therewith. The Tribal Court shall
such children in the following situations:
order the person to be taken forthwith to the
(1) Concerning any child who has
Tribal Juvenile Court or to the Juvenile
violated any Tribal, local, or municipal
Center, or shall release him to the custody of
ordinance, within the jurisdiction of the
his parent(s) or guardian or other person
Rosebud Sioux Tribe
legally responsible for him, to be brought
(2) Concerning any child who is
before the Tribal Juvenile Court at a time
neglected or dependent child, as defined
elsewhere in this Code; designated by it. The Juvenile Court shall
then proceed as provided herein.
(3) Concerning any child who:
(a) Being subject to compulsory C. Transfer. Exercise of jurisdiction
school attendance, is habitually truant from over a child on probation or under protective
school, or is defiant or persistent efforts by supervision, or of a child who is otherwise
parents or school authorities; or under the continuing jurisdiction of the
(b) Habitually disobeys the Court, may be transferred by the Court to a
reasonable and lawful demands of his Court of another jurisdiction if the Court
parent(s), guardian, or other custodian and consents; or to any Court with proper
is ungovernable and beyond their control to jurisdiction over the child in a pending
such an extent as to clearly endanger his action.
own welfare or the welfare of others; D. Felony Cases. If the petition in the
(c) Violated the curfew provision of case of a child fourteen (14) years of age or
this code. older alleges that he committed an act which
(4) Proceedings to terminate the legal would constitute a felony or a serious
parent-child relationship including misdemeanor if committed by an adult, and if
terminations of residual parental rights and the Court, after full investigation and hearing,
duties; finds that it would be contrary to the best
(5) For the judicial consent to marriage, interests of the child or of the public, or of
employment, or enlistment of a child into the the Tribe, to retain jurisdiction, the Court
Armed Forces, and to emergency medical or may enter an Order certifying to that effect,
surgical treatment of the child who is under and directing that the child be held for
the custody of the Court; criminal proceedings in the Tribal Court. The
(6) The Juvenile Court shall also have provisions of this Juvenile Code relating to
original jurisdiction of the following Court procedures in children’s cases shall,
proceedings which shall be governed by the to the extent they are pertinent, be
laws relating thereto without regard to the applicable to such hearings held under this
other provisions of this Juvenile Code: Section.
(a) Proceedings for the adoption of a E. Jurisdiction over Adults.
child; (1) In any criminal case in which the
offense is one designated for the protection

19
of children, and such the Tribal Court and for whom a return to the jurisdiction of
certifies the case to the Juvenile Court for the Tribe is appropriate
disposition, in such cases, trial of the adult in (2) Notice of Hearing to the Rosebud
Juvenile Court shall be handled according to Sioux Tribe: Whenever an involuntary child
the Rosebud Sioux Tribal rules of Criminal custody proceeding is initiated which may
Procedure, and the Court may sentence the result in the removal (permanent or
convicted adult in any manner available to temporary) of a child (who is a member of or
the Tribal Court. Certification of such cases eligible for enrollment in the Rosebud Sioux
shall occur only when it is made to appear to Tribe) from his parent(s) or guardian, or
the Tribal Court that some interest of the Indian custodian, the petitioners shall notify
Juvenile Court in a matter pending before it the Juvenile Court Judge of the Rosebud
will be served. Sioux Tribe by registered mail with return
(2) In any case in which a child has receipt requested.
come within the jurisdiction of the Juvenile (3) Guidelines to the Court for
Court, that Court shall have authority to Acceptance or Refusal of Transfer Under the
exercise jurisdiction over adults to the extent Indian Child Welfare Act:
necessary or reasonably believed to be (a) Reasons for Accepting Transfer:
necessary to make a proper disposition of (i) Child has strong ties with
each case, including authority to punish for Reservation and/or extended family;
content committed either in or out of the (ii) Eligible for enrollment or is
Court’s presence. enrolled in the Rosebud Sioux Tribe;
F. Continuance of Jurisdiction. (iii) Child has recently moved
Jurisdiction obtained by the Court of a child from the Reservation;
through adjudication under the Juvenile (iv) Child has been abandoned;
Code shall continue for the purposes of this (v) Parents requested that child
Code, until he becomes eighteen (18) years be returned and raised on the Reservation;
of age, unless terminated prior thereto. The (vi) Child desires to return to the
Court, may at its discretion, continue Reservation;
jurisdiction after eighteen (18) years of age (vii) Child’s on-reservation family
when such continuances best serves the is stable and strong;
interests of both the child and the Tribe. (viii) The reservation has
G. Termination of Jurisdiction. The resources available to meet the needs of the
child.
continuing jurisdiction of the Court shall
(b) Reasons for Refusing Transfer:
terminate:
(i) Child is of mixed marriage
(1) Upon order of the Court which may
be made at any time; or where primary family ties and/or identity are
with the non-member;
(2) Upon transfer of proceeding in
(ii) Child is old enough to reason
felony cases under this Juvenile Code. The
and does not want to return to the
continuing jurisdiction of the Court is not
Reservation;
terminated by marriage; or
(iii) Child has no ties with the
(3) Upon the child’s eighteenth (18)
Reservation;
years of age or older who is under the
(iv) Child has multiple problems
continuing jurisdiction of the Juvenile Code
for which there are not possible on-
pursuant to this Code violates any Tribal,
reservation programs or resources;
Federal, State or local law, the Tribal
(v) When either parent contests
Juvenile Court shall have concurrent
the transfer;
jurisdiction of the Court having jurisdiction of
(vi) Child not eligible for
the new offense.
enrollment or enrolled.
H. Jurisdiction Provided Under the
Indian Child Welfare Act. 3-1-5. POWERS AND DUTIES.
(1) Policy: It is the policy of the Indian A. Powers and Duties of the Tribal Court –
Child Welfare Act to maintain the relationship the Tribal Juvenile Court shall have the same
between Indian children and the Tribal and power and duties as provided for other Tribal
cultural communities which they were born Courts in this Law and Order Code.
or to which they are otherwise tied. The
Rosebud Sioux Tribe, through this Juvenile
3-1-6. JUDGES.
Code, commits itself to assuming jurisdiction
over all those Indian children, members of or A. Rules and Regulations. All rules
eligible for enrollment in the Tribe, who are and regulations pertaining to Judges in the
involved in custody proceedings outside the Rosebud Sioux Tribal Law and Order Code
territorial jurisdiction of the Juvenile Court;

20
shall be applicable to the Judge of the from the Court Administrator shall appoint
Juvenile Court. such Children’s Court Counselors,
B. Cooperation with Other Agencies. Presenting Officers, Probation Officers and
The Judge of the Tribal Juvenile Curt may Clerks as may be required to carry out the
cooperate with the Federal Government in work of the Court.
any program for training personnel employed A. Children’s Court Counselor.
or preparing for employment in the Tribal (1) The Court Counselor must have an
Juvenile Court, and may receive and expend educational background and/or prior
funds from Federal or State sources or from experience in the field of delivering social
private donations for such purposes. The services to youth;
Judge of the Tribal Juvenile Court may (2) The Court Counselor must have an
contract with public or non-profit institutions educational background and/or prior
of higher learning for the training of such experience in the field of delivering social
personnel; may conduct short-term training services to youth;
courses of its own, and may hire experts on a (3) The Court Counselor shall not be
temporary basis for such purpose; and may employed as or perform the duties of a
cooperate with Federal and State agencies in Prosecutor, Presenting Officer or Law
personnel training programs. Enforcement Official;
C. Placement of Children. (4) The Court Counselor shall not testify
(1) In making any decisions to place against a minor in any proceeding under this
children in homes or institutions other than Code or any adjudicatory proceedings;
with one or both of the natural parents of the (5) Duties:
child; the Court shall, in all cases in which (a) Make investigations as provided
such action would not obviously be contrary in this Code or as designated by the Court,
to the child’s best interest, determine including but not limited to, Post-Preliminary
whether or not there are relatives, friends, or Investigations and Recommendations and
other persons living on the Reservation who Social Studies;
would be willing and able to provide a (b) Make reports to the Court as
suitable temporary or permanent living provided in this Code or as directed by the
environment for the child. The Court shall Court including, but not limited to,
give considerations to and due regard for Predispositional Reports and Pretermination
Tribal or family customs relative to the Reports;
raising of children and shall endeavor to (c) Conduct Informal Adjustment
place all children requiring such in homes Hearings and Informal Reviews;
with cultural backgrounds similar to that (d) Place a minor in detention or
which the child would have enjoyed if shelter care as provided in this Code; and
properly raised by its natural parent(s) (e) Perform such other duties in
(2) In order to enable the Court to place connection with the care, custody or
children in a manner consistent with the transportation of minors as the Courts may
foregoing subsection, whenever possible, require.
the Court shall utilize the Indian Child B. Presenting Officer.
Welfare Act as its principle guideline in the (1) The Presenting Officer’s
recruitment of Indian families suitable for qualifications shall be the same as the
child placements and willing to accept and qualifications for the official who acts as
care for children placed on either a Prosecutor for the Tribal Court;
permanent or temporary basis, or both. The (2) Duties:
Court shall, if necessary, determine the (a) File Petitions with the Court as
fitness of a home into which a child is placed, provided in this Code;
at or immediately prior to the time such (b) Represent the Tribe in all
placement is made. proceedings under this Code; and
(3) The Judge may contract, on behalf (c) Perform such other duties as the
of the Tribe, with agencies or departments of Court may order
the Federal Government, or with agencies or C. Clerk of Court. Duties for this office
departments of the State of South Dakota or are the same for the Juvenile Court as
of other States, for the care and placement of prescribed under the Tribal Code for the
children whose status is adjudicated under Tribal Court.
this code. D. Compensation. The Compensation
and terms of employment of all employees in
3-1-7. OTHER OFFICER the Tribal Juvenile Court shall be fixed by the
APPOINTMENTS, SALARIES AND policies of the Tribal Council and
DUTIES. The Juvenile Judge with advice Administration.

21
3-3-9. Summons-When Required
3-1-8. COURT. 3-3-10. Summons-Content-
A. Sessions. Court sessions shall be Requirements
3-3-11. Summons-Other Persons
held within the Reservation at the Tribal
3-3-12. Immediate Custody Of Child
Court and at such times as the Judge shall
3-3-13. Emergency Custody Of Child
direct.
- Amendment
B. Court Facilities. Suitable 3-3-14. Emergency Medical
Courtrooms shall be provided by the Judicial Treatment
Committee of the Tribal Council for the 3-3-15. Compulsory Attendance Of
hearing of cases, and office space, Witnesses
equipment, and supplies for the use of the 3-3-16. Manner Of Service-By Whom
Judge, officers and employees of the Court. Served
3-3-17. Substituted Service-
CHAPTER 2 – ADULTS Jurisdiction
3-3-18. Service-Time Required
3-2-1. Procedures Applicable 3-3-19. Search and Seizure
3-2-2. Consent To Jurisdiction By Warrants
Persons Living Off The 3-3-20. Investigation and Hearings
Reservation 3-3-21. Arrest and Detention Of
Children - Amendment
3-2-1. PROCEDURES APPLICABLE. 3-3-22. Disposition Of Cases
Except when specific procedures are 3-3-23. Judgments and Orders
otherwise specified in this Juvenile code, all 3-3-24. Support Of Children
matters concerning adults or the rights of 3-3-25. Appeals
any adult which come before the Juvenile 3-3-26. Miscellaneous
Court need not be handled according to
procedure established for the Tribal Court, 3-3-1. RULES OF PROCEDURES. The
but may be handled in an informal manner as rules and forms governing practice and
in juvenile cases, provided however, that the procedures and policies shall be adopted
Court shall see to it that due process and followed in the Tribal Juvenile Court,
standards are observed. subject to the approval of the Tribal Court.
Copies of such rules and forms shall be made
3-2-2. CONSENT TO JURISDICTION BY available for public inspection by the Clerk of
the Juvenile Court.
PERSONS LIVING OFF THE
RESERVATION. Any adult living off the
3-3-2. COMMENCEMENT OF ACTIONS.
Reservation who obtains custody of a child
(1) Except as otherwise provided
from the Juvenile Court either personally or
hereafter, proceedings in children’s cases
as the result of an association with an agency
before the Juvenile court are commenced by
or institution to which such placement has
petition. All proceedings in Juvenile Court
been awarded, shall be deemed to have
shall be closed to the public
consented to the jurisdiction of the Rosebud
(2) In the case violation of motor vehicle
Sioux Tribal Juvenile Court for all purposes
or boating laws or ordinances, fish and game
or actions in any way related to such custody
laws and ordinances, a petition shall not e
of the child subject thereto. In every
required. This issuance of a traffic or other
placement through the Court, both custody
citation or summons shall be sufficient to
and on-going jurisdiction shall remain with
invoke the jurisdiction of the Juvenile Court.
the Juvenile Court of the Tribe.
Unless the Court shall otherwise order, no
preliminary investigation shall be required in
CHAPTER 3 – PROCEDURE such cases
(3) Whenever the Court is petitioned by a
3-3-1. Rules Of Procedure police officer or any other person alleging
3-3-2. Commencement Of Actions that a child is or appears to be within the
3-3-3. Petitions-Consent Court’s jurisdiction, the Clerk of Court shall
3-3-4. Verification Of Petition notify the probation officer or other
3-3-5. Petition designated person who shall make a
3-3-6. Examinations preliminary inquiry to determine whether the
3-3-7. Petitions-Dismissal interests of the public, the Tribe, or the child
3-3-8. Professional and Tribal require that further action be taken. The
Attorneys report on the preliminary investigation shall

22
be filed with the Court without unnecessary concerned individual with knowledge of the
delay facts. All petitions shall be screened by the
(4) The Court may, by rule, provide that Presenting Office or Prosecutor. At any time
police reports or reports by other social after a petition is filed, the Court may make
services related agencies having contact an Order for Temporary Custody of the child.
with or custody or supervision over a child,
may be filed with the Court in lieu of a 3-3-6. EXAMINATIONS. The Court may,
preliminary investigation; in which case, upon such conditions of notice and hearing,
further preliminary investigation; in which if any, as it deems best, order that a child
case, further preliminary investigation as concerning whom a petition has been filed
provided herein shall not be required unless shall be examined by a physician, surgeon,
otherwise specifically ordered psychiatrist, or psychologist, and many place
(5) As an alternative to filing a petition, the the child in a hospital or other facility for
Court may, with the assistance of the Court such examination. The Court may also order
Counselor or other designated individuals, an examination of a parent or guardian
make such non-judicial or informal whose ability to care for the child is at issue if
adjustments of the case as is practicable the Court finds from the evidence presented
without a petition and proceedings at the hearing that the parent(s) or
thereunder. Such adjustments shall be make guardian’s physical, mental, or emotional
only in cases in which the facts are admitted condition may be a factor in causing the
and established prima facie jurisdiction in neglect, dependency, or delinquency of the
the Tribal Juvenile Court, and further child. Such an examination may be ordered
provided, that consent is obtained from the only for purposes of custody disposition and
parent(s) or other custodians and also from with the consent of the parent or guardian.
the child, if in the Court’s opinion, he of
suitable age and discretion. Efforts to effect 3-3-7. PETITIONS-DISMISSAL. The Court
an informal adjustment may not extend for a
may dismiss a petition at any stage of the
period of more than six (6) months without
proceedings.
the permission of the Judge of the Juvenile
Court, who may extend such intervention.
3-3-8. PROFESSIONAL AND TRIBAL
3-3-3. PETITIONS-CONSENT. The ATTORNEYS. Tribal and professional
Petition shall set forth in simple and brief attorneys who have met the requirements of
language the facts which bring the child the Tribal Code may appear in any
within the jurisdiction of the Court, as proceeding before the Tribal Juvenile Court.
provided in this Code. The Petition shall When a person is entitled to be represented
further state: by an attorney of his choice and at his own
(1) The name, age, and residence of the expense in the Tribal Juvenile Court, he shall
child; be so advised by the Judge at the
(2) The names and residence of his commencement of any proceedings before
parent(s); such Court.
(3) The name and residence of his
guardian, if there is one; 3-3-9. SUMMONS-WHEN REQUIRED.
(4) The name and address of the nearest After a petition is filed and after such further
known relative, if no parent or guardian is investigation as the Court may direct, the
known; Court shall promptly issue a summons. No
(5) The name and residence of the person summons is required as to any person who
having physical custody of the child. appears voluntarily or who files a written
waiver of service with the Clerk of Courts at
3-3-4. VERIFICATION OF PETITION. The or prior to the hearing.
statements of the Petition may be made upon
information and belief and the Petition shall 3-3-10. SUMMONS-CONTENT-
be verified. REQUIREMENTS. The summons shall
contain the name of the Court, the title of the
3-3-5. PETITION. The Petition may be proceedings, and (except for a summons
prepared and filed by the Presenting Office, published in a newspaper by Court Order), a
Probation Officer, Police Officer, parent, brief statement of the substance of the
guardian, or a representative of the Tribal allegations in the Petition. A published
Social Services, BIA Social Services, South summons shall simply state that a
Dakota Department of Social Services or proceeding concerning the child is pending
other Tribally recognized agency or the Court and that adjudication will be made.

23
The summons shall require the person or C. The Court shall set up a preliminary
persons who physical custody of the child to hearing to be held within a reasonable time,
appear personally and bring the child before preferably within 48 to 72 hours after the
the Court at a time and place stated. If the child is removed and no later then 5 days to
person so summoned is not the parent(s), or determine if probable cause for removal
guardian of the child, then a summons shall exists
also be issued to the parent or parents or D. The Court shall set aside specific days
guardian, has the case may be, notifying of the week and specific hours expressly for
them of the pendency of the case and of the the purpose of the preliminary hearing to
time and place set for the hearing. No determine if probable cause exists to warrant
summons need to be issued to a parent(s) the continued removal of the child from the
whose parental rights have been terminated. home
E. The Chief of Police and other
3-3-11. SUMMONS-OTHER PERSONS. supervisory officers shall implement and
Summons may be issued to any person within develop policies and procedures to assure
the jurisdiction of the Court requiring the compliance with 3-3-13 of the Law and Order
appearance of any person whose presence Code as well as with this resolution
the Court deems necessary. F. These procedures shall be developed
and implemented no later than 30 days
3-3-12. IMMEDIATE CUSTODY OF following the passage of this Resolution
G. Failure to implement and enforce the
CHILD. If it appears, from an affidavit or a provision of 3-3-13 of the Law and Order
sworn statement presented to the Judge, Code and this Resolution shall be grounds for
that the welfare of the child or protection of disciplinary action for officers and
the public requires that the child be placed in supervisory personnel, as provided by other
detention or shelter care, when a petition is appropriate sections of the Law and Order
filed, the Judge may endorse upon the Code
summons an order that an officer serving the H. Any office, or representative of the
summons shall at once take the child into Court or of the Tribe who is in a position to
custody or may issue a separate emergency enforce the provisions of this Resolution who
custody or detention order for placement in a neglects to do so shall be subject to the
facility or with an agent as designated by the sanctions in Section (G) above
Court. I. The Tribal Prosecutor’s office must file
their petition by the end of the next working
3-3-13. EMERGENCY CUSTODY OF day if removal occurs after the close of
CHILD. If it appears that a child is in danger business hours on a Friday or a holiday.
for whatever reason if the Court is
unavailable to issue a custody order; any 3-3-14. EMERGENCY MEDICAL
officer of the Court including a Police Officer, TREATMENT. Upon sworn testimony of one
or Court Counselor, may make an emergency or more reputable physicians, the Court may
removal of a child, if such removal is deemed order emergency medical or surgical
necessary for the welfare of that child. Such treatment which is immediately necessary
removals shall be done on an emergency for a child concerning whom a petition has
basis only. The Officer or Counselor who been filed; pending the service of summons
makes an emergency removal of a child shall and petition upon his parent(s), guardian, or
submit a written report on the incident, along custodian.
with a petition for custody order before the
end of the next working day of the Court.
3-3-15. COMPULSORY ATTENDANCE
This policy shall reflect the following
guidelines and standards OF WITNESS. A parent or guardian shall be
A. The police officer’s report, or other entitled to the issuance of compulsory
officer of the Court conducting the process for the attendance of witnesses on
emergency removal, shall be submitted to his own behalf or on behalf of the child. A
the RST Prosecutor’s Office within 24 hours guardian ad litem or probation officer shall
of the child’s removal from an emergency be entitled to compulsory process for the
situation attendance of witnesses on behalf of the
B. The Temporary Emergency Custody child or on behalf of the Tribe.
Order shall automatically lapse, resulting in
the child being returned to the custody of the
parent or legal guardian, in the event no
police officer’s report is filed

24
3-3-16. MANNER OF SERVICE-BY jurisdiction. In the case of service outside
WHOM SERVED. the Reservation, service completed no less
than five (5) days before the time set in the
(1) Service of Summons of Process and
Summons for appearance of the person
the petition shall be made by a Tribal Court
served, shall be sufficient to confer
Process Server but upon request of the
jurisdiction.
Court, such service may be made by any
other peace officer, or by another suitable
person selected by the Court 3-3-19. SEARCH AND SEIZURE
(2) Service of Summons and petition may WARRANTS. If it appears to the Court upon
be made by delivering a copy to the person affidavit sworn by a Police Officer or any
summoned; provided, however, that parents other person, and upon the examination of
of a child living together at their usual place other witnesses, if required by the Court, that
of abode may be both served personally by there is probable cause to believe that a
delivering to either parent, copies of the child is being detained or ill-treated in any
Summons and petition; one copy for each place within the jurisdiction of the Court, the
parent Court may issue a warrant authorizing a duly
(3) If the Judge is satisfied that personal authorized Police Officer or Probation Officer
service of the Summons and petition is to search for the child. Upon serving such
impractical under the circumstances, he may warrant upon the person in possession of the
order service by registered mail, with return premises specified in the warrant, the Officer
receipt requested to be signed by the making the search may enter the house or
address only, t be addressed to the last premises, if necessary by force, in order to
known address of the person to be served. take the child to the Court or to the place of
Service shall be complete upon return to the detention or shelter designated by the Court
Court of the signed receipt. in accordance with Section 3-3-21 hereof.

3-3-17. SUBSTITUTED SERVICE – 3-3-20. INVESTIGATION AND
JURISDICTION. If the parent(s) or guardian HEARINGS.
required to be summoned under this chapter, A. Social Investigations: Whenever
cannot be found within the jurisdiction of the practicable, the Court shall require that a
Court, the fact of their child’s presence social investigation be made and a report be
within the Reservation shall confer submitted to the Court in writing in all cases
jurisdiction on the Court in proceedings in under Section 3-1-4 of this Code in which a
children’s cases under this Code as to any petition has been filed, except violation of
absent parent or guardian, provided that due traffic, fish and game and boating laws and
notice has been given in one of the following ordinances.
manners: B. Social Investigations-Scope: The
(1) If the address of the parent or
investigation shall cover the child’s home
guardian is unknown, by sending a copy of
environment, history, and associations, the
Summons and petition by registered mail present condition of the child and family, and
with return receipt requested to be signed by
recommendations as to the child’s future
the addressee only, or by personal service
care. In cases involving the duty of support,
outside the Reservation. Service by
the study shall include such matters as
registered mail shall be complete upon
earnings, assets, financial obligations and
return to the Court of the signed receipt employment. Investigations shall be made by
(2) If the address of whereabouts of the
qualified expert witnesses, as determined by
parent(s) guardian outside the Reservation
the Court.
cannot, after diligent inquiry, be ascertained,
by publishing a Summons in a newspaper C. Proceedings-Civil in Nature:
having general circulation on the Proceedings in children’s cases shall be
Reservation. The Summons shall be regarded as civil proceedings, with the Court
published once a week for three (3) exercising equitable power. Children’s
successive weeks. Service shall be cases under Section 3-1-4 of this Code shall
complete on the last day of the publication. be handled separate from adult cases under
3-1-4F hereof.
3-3-18. SERVICE-TIME REQUIRED. In D. Conduct of Hearings-Informal in
the case of service on the Reservation, Manner: Hearings in children’s cases shall
service completed no less than forty-eight be before the Court without a jury and may
(48) hours before the time set in the be conducted in an informal manner. The
Summons for appearance of the person general public shall be excluded and only
served, shall be sufficient to confer such persons shall be admitted whom the

25
Judge finds have a direct and legitimate motion, shall direct that the Petition be
interest in the case of work of the Court. The amended to conform to the evidence. The
child or one of his parents may be separately Court shall grant such continuances as
interviewed at any time at the discretion of justice may require.
the Court. The hearings may be continued K. Special Rules of Procedures-
from time to time, at a date specified by the Traffic, Fish and Game, and Boating
Court .
Ordinances: The Court may adopt special
E. Hearings-Record: A verbatim record
rules of procedure to govern proceedings
by either stenographic or electrical or
involving violations by children of traffic laws
mechanical recording device shall be taken
or ordinances and violations of fish and
in all cases processed through the Juvenile
game, and boating laws and ordinances.
Court. The Court may dispense with such
record at its discretion, but no sooner than L. Presence of Parents-Protection of
sixty (60) days after the time for appeal has Child: The Court shall endeavor to insure the
expired. In no event shall a record be presence at the hearing, of one or both
dispensed with if a case is to be further parents, or of the guardian of the child. If
reviewed by the Court. neither is present, the Court may appoint a
F. Records-Use in Other Courts: guardian ad litem to protect the interests of
Neither the record in the Tribal Juvenile the child. A guardian ad litem may also be
Court nor any evidence given therein shall be appointed whenever necessary for the
released for use in any proceedings in any welfare of the child; whether or not a parent
other Court. No child shall be charged with or guardian is present.
any crime nor be convicted in any other M. Grounds for Re-Hearing: A parent,
Tribal Court, except as provided in Section 3- guardian, custodian, relative or friend of any
1-4D of this Code. child whose status has been adjudicated
G. Hearings-Guardian Ad Litem: The under this Code, or any adult affected by a
Court may, if in the best interests of the child, decree in a child’s proceeding hereunder,
appoint a Guardian Ad Litem who shall may, at any time, petition the Court for a new
represent the Tribe in the interests of a child hearing on the ground that new evidence
in any proceedings in a child’s care, or within which was not known or could not, with due
another Court’s jurisdiction. diligence, have been made available at the
original hearing, and which might affect the
H. Hearings-Evidence: For the purpose of
decree, has been discovered. If it appears to
determining proper disposition of the child,
the Court that there is such evidence which
and for the purpose of establishing the fact of
might affect the decree, it shall order a new
neglect or dependency, written reports and
hearing and enter such decree and make
other material relating to the child’s mental,
such disposition of the case as is warranted
physical, and social history and condition
by all the facts and circumstances and the
must be received in evidence; and must be
best interests of the child.
considered by the Court along with other
evidence, but the Court may require that the N. Maintenance of Order During
person who wrote the report or prepared the Hearing: Upon request of the Court, the
material appear as a witness if he is Chief of the Tribal Police or is Deputy or
reasonably available. other Officer shall aid the Court in
I. Consolidation of Procedures: When maintaining order during any hearing.
more than one child is involved in a home
situation which may be found to constitute 3-3-21. ARREST AND DETENTION OF
neglect, dependency, or when more than one CHILDREN.
child is alleged to be involved in the same law A. A child may be taken into
violation, the proceeding may be.
custody by any Police Officer or
consolidated, except that separate hearings
may be held with respect to disposition Probation Officer without Order of the
J. Amendments of Pleadings- Court in the following situations:
Continuances: When it appears, during the (1) When, in the presence of the
Officer, the child has violated Tribal, State,
course of any proceeding in a child’s case
Federal or local law or ordinance; and
that the evidence presented points to the
(2) When there are reasonable grounds
material facts not alleged in the Petition, the
to believe that he has committed an act
Court may proceed to consider forthwith the
which, if committed by an adult, would be a
additional or different matters raised by the
felony, or an offense under the Rosebud
evidence. In such event, the Court, on
Sioux Tribal Code; and there is reasonable
motion of any interested party, or on its own
cause to believe that such child, before a

26
warrant or other Court Order can be in the jail, prior authorization must be
obtained may: granted by the Judge: No child taken into
(a) Flee the jurisdiction of the Court
custody shall be held in a detention facility or
or conceal himself to avoid arrest;
jail longer than forty-eight hours, at which
(b) Destroy or conceal evidence of
time the child may be released to the custody
the commission of an offense; and/or
of his parents, guardian or legal custodian. If
(c) Injure or annoy another person or the child cannot be released to his parents,
damage property belonging to another.
guardian or legal custodian, he shall be
(3) When he is seriously endangered by
released to a representative of the Tribal
his surroundings, and immediate removal
Department of Social Services, or upon prior
appears to be necessary for his protection.
written or verbal approval of the court, a
(4) When there are reasonable grounds responsible adult. If the child is not released
to believe that he has run away from his
to his parents, guardian or legal custodian,
parents, guardian, or custodian.
the Court shall hold a detention hearing. No
B. Citizen’s Arrest of Child: A private child under the age of twelve (12) years of
citizen may take a child into custody if the age shall be detained in a jail, lock-up or
circumstances are such that he could make a other place used for the confinement of adult
citizen’s arrest if an adult were involved. offenders or persons charged with a crime.
Taking child into custody under this Section The exception shall be used by the Court only
shall not be deemed an arrest . if no other suitable place of confinement is
C. Notification of Parents-Release of available.
Child: When an officer takes a child into F. Detention-Report to Court: The
custody, he shall immediately notify a parent Officer or other person who takes a child to a
or an adult person with whom the child lives detention or shelter facility must notify the
if not the parent, or the custodian. Such Court at the earliest opportunity that the
notification shall be made by contacting the child has been taken into custody and where
person(s) or custodian personally through he was taken. The Officer or other person
the assistance of other Officers or persons shall also promptly file with the Court a brief
unless notification can be and is, in fact, written report stating the occurrences or
made by phone. If a parent or custodian facts which bring the child into the
cannot, after due diligence, be found or jurisdiction of the Tribal Juvenile Court and
contacted, then such notice shall be given to given the reasons by the child was not
the nearest relative or to an adult person released.
who is well acquainted with the child. The G. Restriction on Detention: No child
parent or person notified shall be told why shall be placed or kept in a detention or
the child has been taken into custody where shelter facility pending court proceedings
the child is being held. The child shall then unless, it is unsafe for the child or the public
be released to the care of his parents or to leave him in custody of his parent(s),
other responsible adult unless his immediate guardian, or custodian, or unless the Judge
welfare or the protection of the community has reason to believe the child will not
requires that he be detained. Before the appear for his hearing
child is released, the parent or other person H. Detention-Discretion of Judge:
to whom the child is released may be
After immediate investigation by a duly
required by the person holding the child to
authorized Officer of the Court, the Judge or
sign a written promise, on forms supplied by other authorized Officer shall, upon written
the Court, to bring the child to the Court at a
promise to bring the child to Court at a set
time set by or to be set by the Court.
time or without restriction, order the release
D. Detention of Child: A child shall not of the child to his parent(s), guardian, or
be detained by the Tribal Police or at the custodian, if it is found that he can be safely
police station any longer than is necessary to left in their care. If it is found that it is not
obtain his name, age, residence, and other safe to release the child, the Judge or
identifying information and to contact his authorized Officer may order that the child
parents, guardians, or custodian. If he is not be held in the Juvenile Center or be placed in
thereupon released as provided in the another appropriate facility, subject to
preceding section, he must be taken without further order of the Court.
necessary delay to the Court or the Juvenile I. The following Guidelines Shall be
Center or shelter designated by the Court.
Maintained for Detention:
E. When it is absolutely necessary
(1) During the working hours when a
and in the best interest of a child and/or child is in need of detention placement the
community for a youngster to be placed Court will hold an informal detention hearing

27
to determine the need and appropriateness months, been found to be within the
of such placement before placement occurs. jurisdiction of the Court.
If the Judge finds such placement to be K. Establishment of Conditions by
appropriate under the guidelines as stated in the Court: In support of a decree under
Section 13G and 13H, an Order shall be
Section 13A of this Code, the Court may
issued for placement.
make an order setting forth reasonable
(2) When a child is placed at the conditions to be complied with by the
Juvenile Detention Center during the night,
parents, the child, his custodian, or other
on a weekend, or on a holiday, the Juvenile
person who has been made a party to the
Judge will hold an informal hearing before
proceedings, including but not limited to,
the end of the next working day to determine
restrictions on visitations by the parent(s),
the appropriateness of continued placement. restrictions on the child’s associates,
(3) No child shall be held in any
occupation, and other activities and
Juvenile Detention Center for more than
requirements to be observed by the parent(s)
thirty (30) days unless a short term treatment
or custodian
plan has been developed and so ordered by
the Court for a period not to exceed ninety L. Hospitalization of Child: With
(90) days from the date or original entry into respect to a child within the jurisdiction of
the Center. Longer commitments to the the Court, under this Section, the Court may
Center are at the discretion of the Court, and order hospitalization in an authorized
will have as their focus, rehabilitation and hospital if the Court finds, upon due notice to
reintegration into the community. the parents or guardian and a special
(4) No child under the age of twelve hearing conducted in accordance with any
(12) years shall be confined to the Juvenile applicable laws and regulations, that the
Detention Center and no juvenile over the child is:
age of eighteen (18) years shall be placed at (1) Mentally ill;
the Center, except in exceptional situations (2) Because of his illness, likely to
and then only at the discretion of the Judge injure himself or others if allowed to remain
before placement. at liberty, or is in need of custody, care or
(5) In situations where a juvenile is not treatment in a mental hospital
being charged with a crime; but is in need of M. Commitment: The Court may make
temporary placement, the Judge, in his an order committing a child within its
discretion, may order placement at the jurisdiction to an authorized agency if the
Center if the juvenile is at least fourteen (14) child has been found mentally deficient in
years of age and for a period not to exceed accordance with applicable laws and
thirty (30) says. In so doing, the Court shall regulations.
also order the appropriate agency to develop N. Termination of Parental Rights:
plans for alternative living arrangements for The Court may terminate all parental rights
the child and submit weekly progress reports whether it be voluntary or involuntary.
to the Court. O. Other Disposition of Cases: The
J. Primary Consideration-Welfare of Court may make any other reasonable
Child: Orders which are the best interests of the
(1) In placing a child under the child or are required for the protection of the
guardianship or legal custody of an public, except that no child may be
institution, the Court shall give primary committed to prison; nor any child under
consideration to the welfare of the child, and sixteen (16) years of age, to jail upon
whenever practical, may take into adjudication under this Code. The Court may
consideration the religious preferences of combine several of the above listed modes of
the child and his parent and shall consider disposition where they are compatible.
the factors set forth in Section H and I P. Review of Cases: An Order under
preceding. this Chapter for the placement of a child with
(2) No child found to come within an individual or an agency shall include a
jurisdiction of the Court shall be committed date set for review of the case by the Court
to, or placed in, an institution or facility with a new date to be set upon each review.
established for the care and rehabilitation of As a guide, when extended custody is
delinquent children, unless such child is maintained over juveniles, reviews should be
found delinquent for the commission of any submitted to the Court at least every three
act that would be a crime or offense if (3) months.
committed by an adult or unless said child
has once before, within a period of six (6)

28
3-3-22. DISPOSITION OF CASES. driving for such period of time as the Court
A. When a child is found to come deems necessary and may take possession
of the child’s driver’s license;
within the provisions of 3-1-4 of this (10) Order that the child be examined
Code, the Court shall so adjudicate and or treated by a physician, surgeon, or
make findings of facts upon which it psychologist, or that he receives other
bases its jurisdiction over the child and special care, and for such purposes may
place the child in a hospital or other suitable
shall enter its decree. Upon such
facility;
adjudication, the Court may make the (11) Appoint a guardian for the child
following dispositions by Court Order: where it appears necessary to do so in the
(1) Place the child on probation or interests of the child, and may appoint a
under protective supervision in his own home public or private institution or agency in
upon conditions determined by the Court which placement of the child is vested, as
(2) Place the child in the legal custody such guardian
of a relative or suitable person with or B. Review of Cases:
without probation or protective supervision; (1) The period for review of cases shall
(3) Vest placement rights over the child be no longer than six (6) months
in the Rosebud Sioux Tribal court, BIA Social (2) In any case where a child has been
Services or a child placement agency as referred to a licensed social services agency
defined therein, for placement in a foster for adoptive placement and has not been
home or other facility, not including the placed within a one (1) year period of time,
South Dakota Training School or any similar the Court may transfer placement rights to
institutions; another agency
(4) Commit the child to an authorized (3) In any case situations where
Government boarding school, or training or paternal rights have not been terminated and
corrective institutions authorized to receive a child continues under the care of a social
Indian children, except that a child found to services agency, that agency will be required
come within the Court’s jurisdiction solely on to submit, at least every three (3) months, or
the grounds of neglect or dependency under at times specified by the Court, a report
this Code may not be committed to any indicating that services have been offered to
school or similar institution with or without the child’s family and describing the reasons
the State except for reasons of delinquency for continued placement.
and/or status offenses;
(5) The Court may commit the child to 3-3-23. JUDGMENTS AND ORDERS.
an institution or facility for short-term
confinement, for the purpose of evaluation, in A. Judgment: No Judgment, Order, or
accordance with accepted standards for the Decree of the Tribal Juvenile Court shall
care and treatment of delinquent children; operate after the child becomes eighteen
(6) Place the child n an approved Indian (18) years of age unless the Court deems that
Boarding School, on a ranch, a forestry it is in the best interest of the individual or the
camp, or other camp or similar facility, for Tribe to discontinue its jurisdiction
the care and for work, if possible, provided B. Orders-Termination-Renewals: An
that the person, agency or association Order vesting placement of a child in an
operating the facility has been approved by individual agency, or institution shall be for
the Tribal Judge or has complied otherwise an indeterminate period, but shall not remain
with all applicable Tribal laws; in force longer than two (2) years from the
(7) If the Court has assurance that the date it is entered unless, within the two (2)
responsibility to make payments will rest on year period, the Court, after notice to the
the child, and not his parent(s), guardian, or parties and a hearing, shall have reviewed
custodian, in order that the child be required the Order and found its renewal necessary to
to make restitution for dames and loss safeguard the welfare of the child or the
caused by this wrongful acts and may impose public interest, in which case, the Order shall
fines at its discretion; be extended for a two year period. The
(8) Arrange for employment or work findings of the Court and the reasons
programs, to enable children to fulfill their therefore shall be entered into the record
obligations under Section, or for other with a Review Order or with the Order
purposes which are deemed desirable by the Denying Renewal
Court; C. Orders-Modification: The Court may
(9) In cases of violations of traffic laws modify or set aside any Order or Decree
or ordinances, the Court may, in addition to made by it; but no modification or an Order
any other disposition, restrain the child from placing a child on probation shall be made

29
upon an alleged violation of the terms of that a hearing with respect to the financial
probation, until there has been a hearing support of the child will be held
after due notice to all persons concerned. C. Enforcement of Support Orders:
Notice and a hearing shall also be required in (1) An order entered under A and B of
any other cases in which the effect of this Section against a parent or other person
modifying or setting aside an Order, may be may be enforced by contempt proceedings,
to deprive a parent of the legal custody of the and shall also have the effect of a civil
child, to place the child in a child care facility judgment at law. In addition to other
or agency, or to transfer the child from one remedies, the Court may issue an Order to
institution or agency to another; except that any employee, trustee, financial agency, or
transfer from one foster home to another other person, firm, or corporation, indebted
may be effected without notice and hearing to the parent or parents, or indebted to any
D. Orders of Termination-Notice: other person ordered to make payments
Notice of an Order terminating probation or under this Code, to withhold and pay over to
protective supervision shall be given to the the Clerk of Court, money due or to become
parents, guardian, or custodian, and where due in excess of the lesser of the following:
appropriate to the child (a) The amount ordered to be paid
E. Court Adjudication-Not Criminal by the Court under A and B of this Section; or
in Nature: Adjudication by the Tribal (b) One-fourth (¼) of the amount due
or becoming due the parent or other person
Juvenile Court that a child is within its
at each regular or usual pay-day or day of
jurisdiction under 3-1-4 of this code shall not
disbursement
be deemed a conviction of a crime.
(2) A copy of such Order shall, if
possible, be served on the adjudged liable
3-3-24. SUPPORT OF CHILDREN. party and the indebted party may request a
A. By Parents: When placement of a hearing to determine the propriety of the
child is vested by the Court in an individual Order
agency other than his parents or D. Support from Other Sources: If the
Government boarding schools, the Court Court finds that the parent(s) are unable to
may at the initial hearing or any subsequent pay for full or partial support, examination,
proceeding inquire into the ability of the treatment, and other expenses of the child,
parents or any other person who may be and that no other provision for payment of
obligated, to support the child and to pay any such support has been made, or if the
other expenses of the child, including the parent(s) or other person obligated to pay
expenses of medical, psychiatric, or under the Court Order issued under this
psychological examination or treatment, Chapter, have failed to make such payments,
provided under Order of the Court. The or if Summons could not be served upon the
Court may, after due notice and a hearing on parent(s) or other persons under 3-3-24B,
the matter, require the parent(s) or other the Court shall request the Tribal Social
person to pay the whole, or part of such Services or any other Tribal or public agency
support and expenses, depending upon their or department of the United States, or the
financial resources and other demands of State with funds available for such purposes
their funds. The amount so required to be to pay for such support and other expenses,
paid shall be paid at such intervals as the and if such department or agency consents,
Court may direct, and unless otherwise it shall be so ordered by the Court
ordered, payment is to be made to the Clerk
E. Payment Directly to Agency-
of the Tribal Court for transmission to the
person or agency having placement of the Report to the Court-Visits: Payments for
child or to whom compensation is due. The child support may be made to non-
Clerk of Court shall have authority to receive governmental agency in whom the Court
periodic payments toward the care and vests legal custody, provided that the agency
maintenance of the child, such as social shall make periodic reports to the Court
security payments made in the name of or for concerning the care and treatment the child
the benefit of the child is receiving and his responses to such
B. Procedure for Payment: No Court treatment. Such reports shall be made at
such interval as the Court may direct and
Order issued under the preceding section
shall be made with respect to each child at
against a parent or other person shall be
least every three (3) months. The agency
entered unless Summons has been served, a
shall also afford an opportunity for a
voluntary appearance is made, or a waiver of
representative of the Court to visit the child
service is given. The Summons shall specify
as frequently as the Court deems necessary.

30
3-3-25. APPEALS.
A. Procedures of Appeal: An appeal to CHAPTER 4 – INDIAN CHILD
the Tribal Supreme Court may be taken from WELFARE ACT AND CHILD
any Order, Decree, or Judgment of the Tribal
CUSTODY PROCEEDINGS – THE
Juvenile Court. Such appeal shall be taken in
the same manner is which appeals are taken MINOR IN NEED OF CARE/CHILD IN
from Judgments or Decrees of the Tribal NEED OF SUPERVISION PETITION
Court. Except as provided elsewhere in this
Code, the appeal must be taken within thirty
3-4-1. Purpose and Policy Of Law -
(30) days from the entry of the Order,
Amendment
Decree, or Judgment appealed from
3-4-2. Definitions - Amendment
B. Stay Pending Appeal: Unless the 3-4-3. Administration - Amendment
Court stays its Order, the pendency of an 3-4-4. Jurisdiction - Amendment
appeal shall not stay the Order or Decree 3-4-5. Intervention In Child
appealed from in a child’s case. Where the Custody Proceedings In
Order or Decree appealed from directs a State Court - Amendment
change of legal custody of a child, the appeal 3-4-6. Motion For Transfer Of
shall be heard and decided at the earliest Jurisdiction Under 25 U.S.C.
practical time. The name of the child will not § 1911 (b) By Party Other
appear on the record of appeal. Than The Rosebud Sioux
Tribe - Amendment
3-3-26. MISCELLANOUS PROVISIONS. 3-4-7. Procedures For Transfer
A. Disobedience-Contempt: Any Under 25 U.S.C. § 1911 (b) -
person who willfully violated or refuses to Amendment
obey any Order of the Court, may be 3-4-8. Procedures and Standards
proceeded against for contempt of Court. In In Minor in Need Of Care
the case of a juvenile on probation, Cases - Amendment
disobedience of the rules of probation shall 3-4-9. Preservation Of A Child’s
be grounds to terminate the probation Tribal Rights - Amendment
B. Payment of Fines, Penalties, etc.: 3-4-10. Voluntary Termination -
Except as otherwise provided by law, Amendment
penalties and forfeitures imposed and 3-4-11. The Minor in Need Of Care /
collected by the Court shall be disbursed in Child In Need Of Supervision
Petition - Amendment
the same manner in which they are disbursed
3-4-12. Emergency Custody Of Child
in Tribal Court
- Amendment
C. Filing Fees-Witness fees, etc., by
3-4-13. Initial Hearing - Amendment
Whom Payable: The Court shall assess a 3-4-14. Adjudication Hearing -
filing fee for all petitioners or applications in Amendment
all actions excluding Minor-In-Need-Of-Care, 3-4-15. Disposition Hearing -
Juvenile Offender, and Criminal Complaint Amendment
actions. Said filing fee may be waived upon 3-4-16. Review Hearing -
showing to the Juvenile Court of Amendment
Petitioner’s/Applicant’s indigency 3-4-17. Placement and Custody Of
D. Records Kept-Accessibility: The Children – Amendment
Court shall keep records as may be required
by the Judge. Records in children’s cases 3-4-1. PURPOSE AND POLICY OF LAW.
shall be withheld from public inspection, but The purpose of this Chapter is to codify and
the Court records shall be open to inspection implement Rosebud Sioux Tribal authority
by the parents or guardians. With the and responsibility under the Indian Child
consent of the Judge, the attorney’s involved Welfare Act, 25 U.S.C, 1901 et. seq (1978)
in the proceedings and agencies to which (ICWA) and establish procedural safeguards
placement or supervision of a child has been and standards to protect the best interests of
transferred may also have access to the Tribal children, to promote the stability,
records integrity and security of Rosebud Sioux
E. Juvenile Court Records: Except as Tribal families and to protect essential
provided in 3-3-26D, the Court records shall Rosebud Sioux Tribal interests. The
be sealed and may be opened only at the provisions of this Chapter shall be
discretion of the Judge and only upon a interpreted to comply with other Chapters of
Petition to the Juvenile Court, indicating the the Rosebud Sioux Tribe Juvenile Code.
reasons for opening the records.

31
3-4-2. DEFINITIONS. other parties to Indian child custody
A. The term used in this Chapter shall proceedings
have the same meaning as the terms defined (4) Maintain a resource database:
in Section 1903 of the Indian Child Welfare Maintain a database of tribally qualified
Act (ICWA) and the definitions set forth in the expert witnesses, guardians-ad-litem, foster
Rosebud Sioux Tribe Juvenile Code, Chapter homes qualified as either or both, tribally-
1, General Provisions at 3-1-2: licensed and/or state licensed, other tribally
(1) “Children’s Court Judge” shall mean approved foster homes, and other resources
any Judge of the Rosebud Sioux Tribal Court necessary to participate in federal and state
who is authorized to act as a Judge of the programs
Children’s Court (5) Maintain a computerized client
(2) “Tribal child” shall mean a child who information system: The Specialist shall be
is a member of, or eligible for enrollment in, responsible for maintaining a computerized
the Rosebud Sioux Tribe. client data system, including data entry of
current information concerning the legal
3-4-3. ADMINISTRATION. status, service outcome, and location of
Rosebud Sioux Tribal children who are now
A. Management: The implementation or were implicated in State child custody
and administration of the policies and laws of proceedings
this Chapter and of the ICWA is delegated to (6) Maintain electronic files: Maintain
the office of the Rosebud Sioux Tribal ICWA detailed documentation in electronic files for
Specialist, with supervision from the placement plans and identity culturally
Children’s Court Judge appropriate permanency outcomes for Tribal
B. Service of Notice: Indian Child children in conformance with the Rosebud
Welfare Act Notices shall be received by the Sioux Tribe Juvenile Code, this Chapter, and
Office of the ICWA Specialist. The Tribe shall other laws, rules and regulations affecting
designate the ICWA Specialist as the official Rosebud Sioux Tribal children
recipient of ICWA notices and send this (7) Access to Tribal records: The ICWA
designation to the Bureau of Indian Affairs Specialist shall have access to a current
for publication in the Code of Federal database of children who are wards of the
Regulations. The ICWA Specialist shall be Rosebud Sioux Tribal Court, whether
responsible for responding to all ICWA domiciled on the reservation or living off the
Notices reservation, access to the enrollment office
C. ICWA Specialist: Duties and for verifying the enrollment status of a child
Responsibilities: The ICWA Specialist shall for which notice to the Tribe was received,
work with the Children’s Court Judge, Tribal and access to records which would verify the
Attorneys, and the Tribal child welfare domicile status of the child
system to facilitate and exercise Rosebud (8) Prepare and maintain legal forms:
Sioux Tribe authority and responsibility The ICWA Specialist shall prepare and
under the Federal Indian Child Welfare Act. maintain all computerized legal forms
The following are the minimum duties and necessary to facilitate Rosebud Sioux Tribal
responsibilities required of the ICWA authority and responsibility pursuant to the
Specialist: Indian Child Welfare Act. In any child
(1) Monitor child custody proceedings custody proceeding, the ICWA Specialist
to ensure ICWA compliance: Monitor and act shall prepare the Motion to Intervene,
to ensure state compliance with the minimum Request to Produce and Examine, Motion for
federal requirements of the Federal ICWA, Extension of Time, Motion to Transfer
and act to enforce ICWA provisions pursuant Jurisdiction and Dismiss the Case, and
to 25 U.S.C. § 1914 I warranted Petition or Order of Acceptance of
(2) Give legal directions to the Tribe’s Jurisdiction
attorneys: Consult with and give directions to (9) Investigation and
the attorney representing the Tribe in ICWA Recommendations: Conduct investigations
cases, on such matters as whether to file a and provide recommendations prior to
motion to transfer, or to invalidate a making motions for transfer of jurisdiction to
proceeding, or to seek an appeal of a state Tribal Court
court order (10) Present case for Review by the
(3) Intermediary: Act as intermediary Children’s Court Judge: Present
between State, Federal and Tribal courts on recommendations concerning questions of
behalf of tribal children and families; transfer to the Children’s Court Judge, and
collaborate and cooperate with the Sate, will perform the duties set forth in Section 3-
Bureau of Indian Affairs, other child 4-5 (b) of this Chapter
placement agencies, county attorneys and all

32
(11) Reporting: Provide non- be done in an informal hearing, at which time
confidential reports, as requested, to the the Judge can hear written or verbal
Children’s Court Judge, Rosebud Sioux statements from extended family members
Tribal Council and other tribal communities and interested parties on the question of
designated by the Council, concerning Tribal transfer. After hearing the recommendation
children and families involved in State child of the ICWA Specialist and any other
custody proceedings interested party, the Children’s Court Judge
(12) Conflict of Interest: If there is a will have final decision-making authority as to
conflict of interest in carrying out the ICWA whether the Tribe will move to transfer
Specialist’s duties set forth in this Chapter jurisdiction of a case to the Tribal Court, and
regarding a specific case, the ICWA will direct the ICWA Specialist to proceed
Specialist shall report said conflict to the according to that decision. The decision by
Children’s Court Judge and the Judge shall the Children’s Court Judge will not be
appoint another qualified person from the subject to modification or appeal by any
Tribe’s child welfare system to manage the tribal officer or Tribal Council or Court
case. The attorney representing the Rosebud Sioux
D. Confidentiality of Files and Tribe in an ICWA case.
Records: The files and records of children (5) Shall represent the Tribe in state
court proceedings, and shall take
and families shall be kept confidential
appropriate legal actions to exercise and
pursuant to 42 CFR Part 2 (June 9, 1987).
enforce the rights of the Rosebud Sioux Tribe
Unless authorized by law or court order, no
in child custody proceedings.
information may be released from the files or
(6) Shall counsel, communicate with,
records to anyone unless written
and take legal directions from the ICWA
authorization for the release of information is
Specialist.
obtained from the party that may be affected
(7) Shall appear on behalf of and
by this action or his or her representative.
represent the Tribe in Tribal, state and
The Specialist may release information to an
federal court proceedings concerning ICWA.
authorized representative of the Tribe, or to
(8) Shall take necessary actions to
a state or tribal provider serving the child
appeal an order of a state or federal court, if
and family, or the legal representatives of
any of the parties, if such release is not in directed to do so by the ICWA Specialist.
violation of tribal or federal law. If the Tribe’s
ICWA program received federal fund’s 3-4-4. JURISDICTION.
through a Self-Determination (Public Law 93- A. Exclusive and Concurrent
63 8) Contract, the provisions of the federal Jurisdiction: the Rosebud Sioux Tribal
Privacy Act shall apply. Court shall have exclusive jurisdiction over
E. Judicial and Legal Duties any child custody proceeding in State court
Responsibilities. The Rosebud Sioux involving an Indian child who resides and is
Tribe Children’s Court Judge: domiciled on the reservation, if the child is a
ward of tribal court, the Court shall retain
(1) Shall provide guidance to the
exclusively jurisdiction, notwithstanding the
Rosebud Sioux Tribe’s Indian Child Welfare
residence or domicile of the child. (U.S.C. §
Act Specialist and the Tribe’s ICWA Program
1911 (a)). The Tribal Court shall have
in order to effectuate the provisions of the
concurrent jurisdiction with the state court of
Act and to protect the interests of the
Rosebud Sioux Tribe. any child custody proceeding involving an
Indian child who does not reside or who is
(2) Shall be responsible for the
not domiciled on the reservation.
implementation and monitoring of rules
related to this Chapter, and the Rosebud B. Rosebud Sioux Tribe Jurisdiction
Sioux Tribe ICWA Policy and Procedure after Transfer: the Rosebud Sioux Tribe
Manual. shall have jurisdiction over any child custody
(3) Upon receipt of a petition for proceeding involving an Indian child upon
acceptance of jurisdiction from an individual acceptance by the Tribal Court to transfer of
who may or may not be a party to the case such proceeding from a state court.
shall refer the petition for a pre-petition C. Full-Faith and Credit: the Rosebud
investigation to the ICWA Program. Sioux Tribal Court shall give full faith and
(4) The Children’s Court Judge shall credit to the public acts, records and judicial
review the recommendations of the ICWA proceedings and lawful orders of other
Specialist as to whether or not the Tribe federally recognized tribes when such acts,
should move to transfer jurisdiction of a case proceedings, records or orders are
to the Tribal Court. The Judge’s review of applicable to the Indian Child Welfare Act.
the ICWA Specialist’s recommendation will

33
Technical variations in practice that do not A. Authority to Request Transfer: the
affect the fundamental fairness of the Rosebud Sioux Tribe’s Children’s Court
proceedings nor violate the federal ICWA Judge shall have sole authority to determine
shall not be reason to fail to give full faith and whether or not the Tribe will request transfer
credit. (25 U.S.C. § 1911 (c.)). Unless there of jurisdiction to the Tribal Court in a
is good cause not to do so, as established by particular case. The ICWA Specialist or the
findings of facts in the record, the Tribal Specialist’s designee shall act as an agent
Court shall give full faith and credit to any for the Tribe. If the Children’s Court Judge
state court records, findings and orders decides not to seek transfer, the Judge may
previously taken in the case. reconsider his or her decision at any time if
new information is obtained, or changed
3-4-5. INTERVENTION IN CHILD circumstances merit a motion to transfer
CUSTODY PROCEEDINGS IN STATE B. Pre-Petition Investigation by
COURT. ICWA Specialist and Recommendation:
A. Procedure: the procedure for within ninety (90) days of receipt of Notice
intervening in State Indian Child Welfare that a Rosebud Sioux Tribal child is the
proceedings shall be as follows: subject of a child custody proceeding in state
(1) The Rosebud Sioux Tribe’s ICWA court, the ICWA Specialist shall conduct an
Specialist may take necessary action to have investigation of the case, and shall make a
the Tribe intervene as a party in a state court written recommendation to the Children’s
child custody proceeding, if in the informed Court Judge concerning whether the Tribe
opinion of the specialist, intervention is should move transfer jurisdiction to the
appropriate under the fact’s and the law. A Tribal Court. The recommendation shall
decision to intervene does not need to be consider, among other factors, the following:
approved by the Children’s Court Judge. (1) The age of the child;
(2) It shall be the policy of the Rosebud (2) Any special needs of the child;
Sioux Tribe to intervene as a party in all state (3) The location and circumstances of
court child custody proceedings involving an the family;
Indian child who is an enrolled member or (4) Whether the state had made active
who is eligible for membership in the Tribe, efforts to reunite the family;
except in extraordinary circumstances. (5) The availability of Tribal services
that can address the child’s and the family’s
3-4-6. MOTION FOR TRANSFER OF needs;
(6) The availability of a suitable Tribal
JURISDICTION UNDER 25 U.S.C. § 1911 home for placement of the child;
(b), BY PARTY OTHER THAN THE (7) Whether financial assistance for the
ROSEBUD SIOUX TRIBE. care of the child will be available if transfer of
A. Filing of Motion; Acceptance: if jurisdiction occurs; and
the parent(s), guardian, or custodian of a (8) The child’s ties with the Reservation
Rosebud Sioux Tribe child, through their and/or extended family;
legal counsel, petitions a state court in a (9) Whether the child is eligible for
child custody proceeding to transfer enrollment or is enrolled in the Rosebud
jurisdiction of the proceeding to the Tribal Sioux Tribe;
Court, such transfer shall not be effective (10) Whether the child has recently
until accepted by the Tribal Court. moved from the Reservation;
(11) Whether the child has been
B. Petition Referred to the ICWA
abandoned;
Specialist; Tribe has Automatic (12) Whether the parents requested
Standing: upon receipt of a motion for that the child be returned and raised on the
acceptance of jurisdiction from an individual, Reservation;
the Tribal Court shall refer the petition for (13) Whether the child desires to return
investigation to the ICWA Specialist. The to the reservation;
ICWA Specialist shall have thirty (30) days (14) Whether the child’s on-reservation
from the date of referral by the Tribal Court family is stable and strong;
in which to conduct the investigation and to (15) The reservation has resources
make written recommendations of the matter available to meet the needs of the child
to the Children’s Court Judge. D. Informal Meeting on Indian Child
Welfare Specialist’s Recommendation:
3-4-7. PROCEDURE FOR TRANSFER The Court shall schedule an informal meeting
UNDER 25 U.S.C. 1911 (b). on the Indian Child Welfare Specialist’s
recommendations at the earliest available

34
time following submission of the Indian Child H. The applicable portions of the
Welfare Specialist’s recommendations. Prior Rosebud Sioux Tribe Juvenile Code
notice and an opportunity to be heard shall
be provided to all named parties in the State shall govern any child custody
Court case. If the Indian Child Welfare proceedings that are transferred to the
Specialist is recommending the Tribal Court Tribal Court: After transfer, the cases shall
accept jurisdiction over the case he/she shall proceed as a Minor in Need of Care case, in
file a Petition to Accept Jurisdiction along accordance with all the procedures and
with his/her written recommendation. standards that govern such cases that are
E. Reasons for Declining Transfer: set forth in the Juvenile Code.
the Tribal Court may decline to accept
transfer of jurisdiction over a state child 3-4-8. PROCEDURES AND STANDARDS
custody proceeding if the Tribal Court finds
IN MINOR IN NEED OF CARE CASE
that good cause exists to decline to accept
jurisdiction. The declination must be based PLACEMENT PREFERENCES, ACTIVE
on evidence that the transfer would not be in EFFORTS; STANDARD OF PROOF;
the best interest of the Rosebud Sioux Tribe, EXPERT TESTIMONY. In all Minor in Need
or the child pursuant to the Rosebud Sioux cases that originate in the Tribal Court and
Tribe Juvenile Code, Chapter 1, 3-1-4, H all such cases that are transferred to the
(3)(b). Among the factors that would Tribal Court under ICWA, the following
constitute good cause not to transfer are the procedural safeguards and standards shall
following factors: be followed, and the court shall make
(1) Child is of mixed marriage where appropriate findings of fact, conclusion of
primary family ties and/or identity are with law and orders in accordance with the
the non-member; provisions of this section.
(2) Child is old enough to reason and A. PLACEMENT OF TRIBAL
does not want to return to the reservation;
CHILDREN.
(3) Child has no ties with the
reservation; (1) Adoptive placement; preferences: In
(4) Child has problems for which there any adoptive placement of an Indian child
is no an adequate on-reservation program or under Tribal law, a preference shall be given,
resources; in the absence of good cause to the contrary,
(5) When either parent contests the to a placement with;
transfer; (a) A member of the child’s
(6) Child is not eligible for enrollment or extended family;
not enrolled. (b) Other members of the Indian
child’s tribe; or;
F. Procedure upon Acceptance of
(c) Other Indian families
Transfer: if the Children’s Court Judge (2) Any child accepted for foster care
approves a transfer of a child custody or pre-adoptive placement shall be placed in
proceeding, the Tribal Court shall issue an the least restrictive setting which most
order indicating that it will accept jurisdiction approximate a family and in which his special
of the state proceedings. The ICWA needs, if any, may be met. The child shall
Specialist shall prepare a motion to transfer also be placed within reasonable proximity to
the case, under 25 U.S.C. § 1911 (b), for his or her home, taking into account any
signature of the Children’s Court Judge and special needs of the child. In any foster care
shall file a motion to transfer with the state or pre-adoptive placement, a preference
court. The motion shall state that the Tribal shall be given, in the absence of good cause
Court has issued an order indicating that it to the contrary, to a placement with;
will accept the transfer of jurisdiction. (I) a member of the Indian child’s
G. If the state court then grants the extended family;
Tribe’s motion to transfer: the Tribal (II) a foster home licensed,
Court shall immediately file an order approved, or specified by the Indian child’s
accepting transfer of jurisdiction and direct Tribe;
the state court to transfer its files to the (III) an Indian foster home licensed or
Tribal Court. The Court shall schedule a approved by an authorized non-Indian
hearing in the case. At such hearing, the licensing authority; or
court will make rulings concerning (IV) an institution for children
temporary placement and custody of the approved by an Indian Tribe or operated by
child, case progression, and matters an Indian organization which has a program
relevant to the protection and well-being of suitable to meet the Indian child’s needs.
the child.

35
(3) Where appropriate, the preference (a) Consent; record; certification matters;
of the Indian child or parent shall be invalid consents: where any parent or Indian
considered and the Court or agency shall custodian voluntarily consents to a foster
give weight to such desire in applying the care placement or to termination of parental
preferences rights in the Tribal Court, such consent shall
(4) A record of each such placement of not be valid unless executed in writing and
a Tribal child be maintained by the agency recorded before a judge of the Rosebud
having responsibility of placing the child, Sioux Tribal Court and accompanied by the
evidencing the efforts to comply with the presiding judge’s certificate that the terms
order of preference. and consequences of the consent where fully
B. REMEDIAL SERVICES AND explained in detail and were fully understood
REHABILITATIVE PROGRAMS; by the parent or Indian custodian. The court
shall also certify that either the parent or
PREVENTIVE MEASURES. Any party Indian custodian fully understood the
seeking to effect a foster care placement of, explanation in English or that it was
or termination of parental rights to, a tribal interpreted into a language that the parent or
child in the Tribal Court shall satisfy the court Indian custodian understood. Any consent
that active efforts have been made to provide given prior, to or within ten days after, birth
remedial services and rehabilitative of the Indian child shall not be valid.
programs designed to prevent the breakup of (b) Foster care placement; withdrawal of
the Indian family and that these efforts have consent: Any parent or Indian may withdraw
proved unsuccessful. consent to a foster care placement under
C. FOSTER CARE PLACEMENT Tribal law at any time and, upon such
ORDER; EVIDENCE; DETERMINATION withdrawal, the child shall be returned to the
OF DAMAGE TO CHILD. No foster care parent or Indian custodian
placement may be ordered in a Minor in Need (c) Voluntary termination of parental
of Care proceeding in the absence of a rights or adoptive placement; withdrawal of
determination, supported by clear and consent; return of custody: In any voluntary
convincing evidence, including testimony of proceeding for termination of parental rights
qualified expert witnesses, that the to, adoptive placement of, an Indian child,
continued custody of the child by the parent the consent of the parents may be withdrawn
or Indian custodial is likely to result in for any reason at any time prior to the entry
serious emotional or physical damage to the of a formal decree of termination or adoption,
child. as the case may be, and the child shall be
returned to the parent
D. PARENTAL RIGHTS
(d) Collateral attack; vacation of decree
TERMINATION ORDERS; EVIDENCEL; and return of custody; limitations: After the
DETERMINATION OF DAMAGE TO entry of a final decree of adoption of an
CHILD. No termination of parental rights Indian child in the Tribal Court, the parent
may be ordered in such proceeding in the may withdraw consent thereto upon the
absence of a determination, supported by grounds that consent was obtained through
evidence beyond a reasonable doubt, fraud or duress and may petition the court to
including testimony of qualified expert vacate such decree. Upon a finding that
witnesses that the continued custody of the such consent was obtained through fraud or
child by the parent or Indian guardian is duress, the court shall vacate such decree
likely to result in serious emotional or and return the child to the parent. No
physical damage to the child. adoption which has been effective for at least
two years may be invalidated under the
3-4-9. PRESERVATION OF TRIBAL provisions of this subsection.
RIGHTS OF A ROSEBUD SIOUX CHILD.
3-4-11. THE MINOR IN NEED OF CARE /
The termination of parental as to a Rosebud
Sioux Tribe child shall not adversely affect CHILD IN NEED OF SUPERVISION
the child’s rights and privileges as an Indian, PETITION
nor as a member of the Rosebud Sioux Tribe, A. Authorization to File Petition.
nor shall it affect the child’s enrollment (1) Child and family protection
status with the Tribe or his or her eligibility proceedings in the Children’s Court will be
for enrollment. commenced by the filing of a Petition. The
Tribe’s Juvenile Presenting Officer will file
3-4-10. VOLUNTARY TERMINATION. the Petition on behalf of the Tribe and in the
Parental Rights; voluntary termination: best interests of the child.

36
(2) For purposes of this chapter, child may deprive a parent or guardian of the
and family protection proceeding shall custody of a child under this section unless
include any proceedings in the Children’s emergency circumstances pose an
Court in which a child is alleged to be a Minor immediate threat to the safety of the child
in Need of Care or Child in Need of and others.
Supervision. (2) Temporary Emergency
B. Contents of Petition. The child and Placement of Child. After taking
family protection Petition shall set forth the emergency custody of a child, the officer
following with specificity; shall place the child with a responsible
(1) The name, birth date, sex, residence relative or with a tribally licensed social
and tribal affiliation of the child; services agency or shelter.
(2) The basis for the court’s (3) Written Report by the Officer.
jurisdiction;
A. The officer of the Court or the police
(3) The specific allegations of abuse,
officer who makes an emergency removal of
neglect or abandonment and the specific
a child shall submit a written report on the
Code statutes relied upon;
incident to the Tribe’s Prosecutor’s Office
(4) A plain and concise statement of the
within 24 hours of the child’s removal from
facts upon which the Petition is based,
the custody of the parent or guardian. The
including the date, time and location at which
Tribal Prosecutor of Juvenile Presenting
the alleged facts occurred;
Officer will attach the officer’s report to the
(5) The names and residence of the
Petition and file the Petition and report with
child’s parents, guardians or custodians, if
the court.
known;
B. If no report by the officer is filed with
(6) If the child is placed outside the
the Prosecutor’s Office within 24 hours after
home, the Petition shall state where the child
taking emergency custody of the child, the
is placed, the facts necessitating the
temporary emergency custody of the child
placement and the date and time of the
shall automatically lapse and custody of the
placement. A copy of the police officer’s
child will be returned to the parent or
report, setting forth the facts and
guardian.
circumstanced of the removal, shall be
attached to the Petition. (4) Notice to the Parent or Guardian.
The person removing the child will make all
C. Prior Notice and Initial Hearing
reasonable efforts to give notice to the
on the Petition Required in Non- parent or guardian of the removal, along with
Emergency Cases. If the Tribe has notice of the first hearing in court.
probable cause to believe that a child is a (5) Notice to the Children’s Court.
minor in need of care or a child in need of After a child is taken into temporary
supervision, but circumstances do not pose emergency custody, the person who
an immediate threat to the safety of the child removed the child shall attempt to contact
or others, then an emergency removal will the Children’s Court, so that a hearing may
not be justified. In such non-emergency be scheduled. Notice to the Court shall be
circumstances, the Tribe will apply for an made, no later than 5:00 o’clock p.m. the
order to remove legal and/or physical next court working day.
custody of a child from its parent or guardian (6) Necessity for scheduling a
by filing a Petition in the Children’s Court and
by giving prior notice to the parent or timely initial hearing. After receiving
guardian of the date, time, and place of the notice of an emergency removal of a child,
initial hearing on the Petition. the clerk of court shall schedule an initial
hearing. The initial hearing must be
commenced within 72 hours after the child is
3-4-12. EMERGENCY CUSTODY OF
removed, except as provided below in
CHILD. subsection (7) of this section.
(1) Emergency Removal of a Child. If (7) Time Limitations in Emergency
there are reasonable grounds to believe that Custody Cases.
a child in danger, any officer of the Court or a
A. No later than 72 hours after an
police officer may make an emergency officer takes a child into emergency custody,
removal of a child from the parent or
the Tribe shall file a child and family
guardian, and take temporary emergency
protection petition with t he Children’s Court
custody of the child, if such removal is
and an initial hearing on the Petition will be
reasonably necessary for the welfare of that
held in the Children’s Court. If the 72 hour
child. Such removals shall be done on an time period elapses during a weekend or a
emergency basis only. No officer of the Tribe
court holiday, the Tribe will have until the end

37
of the next working court day to file the D. Notice of Rights. During the initial
Petition and hold the initial hearing. hearing, the court shall advise the parties of
B. Except as provided above in Section the reason for the hearing and of their basic
7 (a), if an initial hearing on the Petition is not rights as provided for in this code. The court
held within seventy-two (72) hours after an will inform the parties that all parties have a
officer takes a child into emergency custody, right to be represented by an advocate or
the temporary emergency custody will attorney at their own expense in all
automatically lapse, and legal and physical proceedings under this code, to introduce
custody of the child must be returned to the evidence, to be heard on his or her own
parent or guardian, unless the court makes behalf, to examine witnesses, and to be
an express finding of extraordinary informed of possible consequences if the
circumstances. The basis of a finding of allegations of the petition are found to be
extraordinary circumstances must be set true. All parties shall be entitled to advance
forth on record. copies of court documents, including
petitions and reports, unless deemed
3-4-13. INITIAL HEARING. inappropriate by the court.
A. Hearing Date. E. Nature of Hearing. The initial
(1) If a child has been removed from the hearing shall be informal in nature.
custody of a parent or guardian, an initial Concerned parties may present evidence
hearing shall be held within seventy-two (72) relating to the situation. The general public
hours after the emergency removal, except shall be excluded from the proceedings.
as provided above in Section II (7). Only the parties their counsel, witnesses, the
B. Notice of Initial Hearing. The court child’s extended family and other
and the Tribe shall make all reasonable appropriate persons, as determined by the
efforts to advise the parents, guardians or court, shall be admitted.
custodian of the time and place of the initial F. Possible Outcomes of the Initial
hearing. The court shall order that the Hearing.
parent, guardian or custodian be present for (1) The child and family protection
the hearing. Reasonable efforts shall include petition may be dismissed and the child
personal, telephone and written contacts at returned to the home
their residence, place of employment or (2) The child may be returned to the
other location where the person is known to home of the parents, guardian or custodian
frequent with regularity. If the court is under the supervision of the court, pending
unable to contact the parent, guardian or the adjudicatory hearing, which shall be
custodian, notice shall be given to members ordered to be held within thirty (30) days
of the extended family of the parent, (3) The child may be continued in the
guardian or custodian and/or the extended child’s out-of-home placement. The court
family of the child. can give temporary legal and/or physical
C. Purpose of Initial Hearing. custody of the child to a responsible relative,
(1) At the initial hearing, the Tribe will or, if none is available, to a child protection
serve the Petition on the parent or guardian, agency.
who will be referred to as respondent in the G. Waiver of rights. A party may waive
Petition. The Respondent will have an any rights provided in this chapter of the
opportunity to answer the Petition by Juvenile Code, if such waiver is made
entering an admission or denial to the facts knowingly and voluntarily. Willful failure to
and allegations in the Petition. If the appear at the initial hearing, after receiving
Respondent enters a denial to the Petition, notice, will be deemed to be a waiver of the
the court will schedule an adjudication Respondent’s right to be present and to
hearing. If the Respondent enters an participate in the hearing; and the hearing
admission to the Petition, the court will will proceed in the absence of the parent or
proceed to disposition or schedule a guardian.
dispositional hearing.
(2) If a child has been removed from the 3-4-14. ADJUDICATION HEARING.
custody of the parent or guardian, the Court
will determine if good cause existed at the A. Purpose. The court will schedule an
time of the removal to warrant taking the adjudication hearing to held within (30) days
child into emergency custody; and the Court following the initial hearing. At the
will further determine whether continued adjudication hearing, the Tribe will have the
removal from the home is necessary to burden of proving by a preponderance of the
insure safety, health, and well-being of the evidence the allegations set forth in the
child. petition. If the court finds that the Tribe has

38
not proven the allegations in the petition will G. Advice of Rights. During the
be dismisses and full legal and physical hearing, the court shall advise the party(s) of
custody of the child will be returned to the the reason for the hearing and of their basic
parent. If the court finds that the Tribe has rights as provided for in this chapter of the
proven the allegations in the Petition and Juvenile Code.
rules that the child is a minor in need of care H. Child Witnesses. If the court
or a child in need of supervision, the court determines that it is in the best interests of
will schedule a disposition hearing. Pending
the child and does not violate the right of a
the disposition hearing, the Court will enter
party, the court may allow the child to testify
appropriate orders concerning temporary
by means of a videotape deposition, closed
custody of the child.
circuit television or other appropriate
B. Hearing Procedure. The method.
adjudicatory hearing shall be an evidentiary I. Burden of Proof. The burden of proof
hearing, governed by the Federal Rules of
lies with the petitioner. In order to prevail,
Evidence, except as otherwise set forth in
the petitioner must prove that the allegations
this chapter.
raised in the child/family protection petition
C. Time Limitations. are more likely true than not-that ism by the
(1) If the Tribe is not ready to proceed preponderance of the evidence, and that the
with a scheduled adjudication hearing within best interests of the child will be served by
thirty (30) days of the filing of the petition, continued court intervention.
and the court grants a motion by the Tribe for J. Outcome of Hearing. The court will
a continuance of the hearing, custody of the
either find the allegations of the child and
child will be returned to the parent, unless
family protection petition to be proven or
the court finds good cause prevented the
dismiss the petition, unless the hearing shall
Tribe from proceeding with the hearing. The
be continued to a date certain to allow for the
Court may re-schedule the hearing for a date presentation of further evidence. If the court
not more than thirty (30) days from the
finds that the allegations in the petition have
original date of the adjudication hearing.
been proven, the court may then proceed to
Absent an express finding by the court of
a disposition hearing or schedule a
extraordinary circumstances, if the Tribe is
disposition hearing within (30) days.
not ready to proceed with a hearing on the
next adjourned date, then the Court must
order that full legal and physical custody of 3-4-15. DISPOSITION HEARING.
the children be returned to the parent or A. Purpose of Disposition Hearing.
guardian and the petition be dismissed. In the disposition hearing, the court will enter
(2) For purposes of calculating time, an order concerning the case and custody of
the next calendar day following the date of the child, including the actions to be taken by
the initial hearing will be counted as the first the parties to accomplish the goal of re-
day. unification of the family, and any other issues
D. Waiver by parent or guardian. A relevant to the best interests of the child.
respondent’s willful failure to appear at the The primary goal of the dispositional
adjudication , after receiving actual notice, proceedings shall be to bring about the re-
will be deemed to be a waiver of the unification of the child with his or her family,
Respondent’s right to be present and to unless the court makes an express finding
participate in the hearing, and, on the that re-unification would not be in the best
Court’s discretion, the hearing may proceed interests of the child.
in the absence of the Respondent. B. Requirements of a Social Service
E. Admissibility. The records of the Report. To aid the court in its decision, a
initial hearing shall not be admissible at the social services report consisting of a written
adjudication hearing. This shall not be evaluation of matters relevant to the
construed to prevent the admissibility of any disposition of the case shall be made by a
evidence that was presented at the hearing person or agencies filing the petition, or by
which would normally be admissible under the social service agency having custody of
the court’s rules of evidence. the child. The social service report shall be
F. Closed Hearing. The general public filed with the court and served upon the
shall be excluded from the proceedings. parties three (3) days prior to a disposition
Only the parties, their counsel, witnesses, hearing. Service may be made by certified
the child’s extended family, and other mail, personal service, or service upon the
persons determined to be appropriate by the attorney of record.
court shall be admitted.

39
C. Contents of a Social Service E. Return of Child to Parent,
Report. The social service report shall Guardian or Custodian. The court may
include the following points: find the allegations of the child/family
(1) A summary of the problem(s) protection petition to be true and out-of-
(2) What steps, have the parent, home placement necessary, but with the
guardian, custodian, or social services accomplishment of specified actions by the
personnel already taken to correct the parent, guardian or custodian, the child may
problem(s) be returned absent good cause to the
(3) What service could be of benefit to contrary. The order of the court shall specify
the parent, guardian or custodian, but are actions, and the time frames for such
not available in the community actions, that parent, guardian, or custodian
(4) A report on how the child is doing in must accomplish before the child is returned.
his/her current placement(s) since the last The order will also specify the
hearing. If there have been any moves, the responsibilities of any support agency or
report will contain the reason for such moves personnel to be involved.
(5) Dates of contacts with parent, F. Out-of-Home Placement and Duty
guardian, or custodian and the child since to Make Reasonable Efforts to Re-unify
the first hearing was held, method of contact,
duration and subjects discussed Families. The court may find out-of-home
(6) If there have been no contacts with placement to be necessary and that the child
the parent, guardian or custodian or social should not be returned to the home. The
worker, what efforts have been made to court shall specify what steps the parent
contact such parties shall take to demonstrate their abilities to
(7) An assessment of when the child is care for their child, and shall specify to the
expected to return home parties what factors the court will consider at
(8) A list of who the extended family a subsequent hearing to determine whether
members are and list of contacts, or or not the child should be returned.
attempts to contact such family members Whenever a child has been removed from the
regarding placement of child custody of a parent or guardian, re-
(9) The social services personnel shall unification of the family shall be the goal of
develop a written case plan and shall make the child/family protection proceeding
recommendations for the next six (6) months. throughout every stage of the proceedings.
Such recommendation will include: If the court grants temporary legal and/or
a) A treatment plan for the parents physical custody of the child to a child
b) Future placement of the child protective agency, that agency will work to
c) What services should be provided re-unify the family, unless the court makes an
for the child, if services are needed express finding, after an evidentiary hearing,
(10) If the social services agency that that further efforts at re-unification would not
has legal custody of the child recommends be in the interests of the child. At the
placement of the child in a setting away from dispositional hearing and at each review
the Rosebud Sioux Indian Reservation, the hearing, the child protective agency that has
report will set forth in detail the reasons for legal custody of the child shall make a
such placement, the efforts made to place written report to the court that shall set forth
the child on the reservation, and a statement the specific actions taken by that agency to
as to why off-reservation placement would be accomplish the goal of re-unification.
in the best interests of the child. G. Written Order. The Court shall
C. Return to Home. The court may find specify in writing its findings of facts and
the allegations of the child and family conclusions of law.
protection petition to be true, but that out of
home placement is not needed to protect the 3-4-16. REVIEW HEARING.
child. The court may, however, due to A. Review Requirement.
unresolved problems in the home, continue (1) The status of all children subject to
intervention and supervision as appropriate. a child/family protection order shall be
D. Court Order for Continuing reviewed by the court at least every six (6)
Removal. The court shall specify in its order months at a hearing to determine whether
the necessary intervention and appropriate court supervision shall continue. The first
steps, if any, the parent, guardian or review shall be held within ninety (90) days
custodian must follow to correct the after the disposition hearing
underlying problem. (2) A supplementary social service
report will be filed at each review, and
served upon the parties or their attorneys at

40
least three (3) days before the review B. Order of Preference. Whenever
hearing. appropriate, a child shall be placed in a home
B. Return Home. A child shall be with the following characteristics, which
returned home after the review hearing shall be given preference in the following
unless the court finds that a reason for order:
removal as set forth in the disposition order (1) Members of the extended family
still exists. The court may, however, due to (2) An Indian family of the same tribe as
unresolved problems in the home, continue the child
court intervention and supervision as (3) People who have a relationship with
appropriate. the child, but who are not related to the child
C. Written Order. If continued court (4) An Indian Family
intervention is determined to be necessary, (5) Any other family which can provide
the court shall set forth the following in a a suitable home for such a child.
written order: C. Restrictions on Placement of
(1) What services have been provided Minors in Need of Care. A child alleged to
or offered to the parent, guardian or be neglected or abused shall not be detained
custodian, to help correct the underlying in a jail or other facility intended or used for
problem(s) the incarceration of adults charged with
(2) The extent to which the parent, criminal offenses or for the detention of
guardian or custodian has visited or children alleged to be juvenile offenders, but
contacted the child, any reason why such may be placed or detained in the following
visitation and/or contact has been infrequent community-based shelter care facilities:
or not otherwise occurred (1) Licensed Foster Home. A licensed
(3) Whether the parent, guardian or foster home otherwise authorized under the
custodian is cooperative with the court law to provide foster care, group care,
(4) Whether additional services should protective residence, or;
be offered to the parent, guardian or (2) Other Licensed Facility. A facility
custodian operated by a licensed child welfare services
(5) Whether the parent, guardian or agency, or:
custodian should be required to participate (3) Relatives. With a relative of the
in any additional programs to help correct child who is willing to guarantee to the court
the underlying problem(s) that the child will not be returned to the
(6) What needs to be done before alleged abusive or neglectful parent,
custody of the child can be returned to the guardian or custodian without prior approval
parent or guardian. of the court.
D. Additional Steps. The court at the D. Changes of Placement.
review hearing may order that a petition to (1) Notice of Change of Placement. If,
terminate the parent/child relationship be at any time after the court has granted
filed, or that a guardianship petition be filed. temporary custody of a child to a person or
an agency and the custodian seeks to
3-4-17. PLACEMENT AND CUSTODY OF change the placement of the child, the
CHILDREN. custodian will give prior notice of its intention
A. Least Restrictive Setting. If the to the Respondent, to the Tribe, and to the
Court, if circumstances permit prior notice
court determines that a child should not be
returned home, the child shall be placed in without posing a danger to the child or
others. If emergency circumstances do not
the least restrictive setting which best serves
permit prior notice and the custodian places
the interests of the child and where the
the child in another setting without providing
child’s special needs, if any, may be met.
prior notice, the party or agency having
The child shall also be placed within
temporary custody of the child will give
reasonable proximity to his home, taking into
notice to the Respondent, to the Tribe and
account any special needs of the child.
the Court within seventy-two (72) hours after
Placement in a home shall be preferable to a
the child has been moved to another
placement in a child care facility or other
placement.
institutional placement. A child will be
(2) Right to a Hearing. If a Respondent
placed in a child care facility or other
objects to the change of placement, that
institutional placement only if a placement in
party may inform the court of its objection in
a home is unavailable or inappropriate to the
writing. The Court shall then order a hearing
needs of the child, in light of the child’s best
regarding such change of placement.
interests.
(3) Out of State Placement. Except in a
case of emergency circumstances, a child

41
shall not be placed outside the State of South
Dakota without the prior approval of the
Court, after giving notice and an opportunity
for a hearing to the parent or guardian and to
the Tribe. If emergency circumstances
require removal to an out of State placement,
notice shall be given to the parent or
guardian and to the Tribe within three court
days after the placement. The court shall
then hold a hearing as soon as practicable to
determine if the out of state placement is in
the best interests of the child.

42
TITLE FOUR Rule 50. Motions For Directed Verdict
and For Judgment
Notwithstanding The Verdict
CIVIL PROCEDURES Rule 51. Instructions and Arguments
To The Jury
Rule 52. Findings By The Court
CHAPTER 1 – RULES OF CIVIL Rule 53. Reserved
PROCEDURE Rule 54. Judgments
Rule 55. Default Judgments
Rule 1. Scope Of Rules Rule 56. Summary Judgment
Rule 2. One Form Of Action Rule 57. Declaratory Judgment -
Rule 3. Commencement Of Action Amendment
Rule 4. Service Of Process Rule 58. Entry Of Judgment
Rule 5. Service and Filing Of Rule 59. New Trials
Pleadings and Other Papers Rule 60. Relief From Judgment or
Rule 6. Time Orders
Rule 7. Pleadings and Motions Rule 61. Harmless Error
Rule 8. General Rules Of Pleading Rule 62. Stay of Proceedings To
Rule 9. Pleading Special Matters Enforce A Judgment
Rule 10. Form of Pleadings Rule 63. Disability or Disqualification
Rule 11. Signings Of Pleadings Of A Judge
Rule 12. Defenses and Objections Rule 64. Execution Of Judgments -
Rule 13. Counterclaims and Amendment
Crossclaims Rule 65. Temporary Restraining
Rule 14. Third Party Practice Orders and Injunctions
Rule 15. Amended and Supplemental
Pleadings RULE 1. SCOPE OF RULES. This chapter
Rule 16. Pretrial Conference governs the procedure in the Tribal Courts
Rule 17. Parties of the Rosebud Sioux Tribe in all actions of a
Rule 18. Joinder of Claims and civil nature, except where different rules are
Remedies specifically prescribed in this Code. These
Rule 19. Joinder Of Persons Needed rules shall be liberally construed to secure a
For A Just Adjudication just, speedy and inexpensive determination
Rule 20. Joinder Of Parties of every civil action.
Rule 21. Misjoinder and Non-Joinder
Of Parties RULE 2. ONE FORM OF ACTION. The
Rule 22. Interpleader distinctions between actions at law and suits
Rule 23. Class Actions and of equity and the common law forms of all
Stockholder Actions such actions and suits are hereby abolished
Rule 24. Intervention in the Tribal Courts. All actions to which
Rule 25. Substitution Of Parties these rules apply will be known as civil
Rule 26. Discovery actions.
Rules 27. through 37. are Reserved for future
RULE 3. COMMENCEMENT OF ACTION.
use
(a) A civil action is commenced by filing a
Rule 38. Trials written Complaint and Summons with the
Rule 39. Right To Trial By Jury Clerk of the Tribal Court and by delivery of
Rule 40. Assignment of Cases For copies of the Summons and Complaint by the
Trial Plaintiff or his attorney to the appropriate
Rule 41. Dismissal Of Action officials for purpose of service on the
Rule 42. Consolidation or Severance Defendants.
Of Trials (b) The Summons shall be legibly signed
Rule 43. Evidence by the Plaintiff of his attorney and directed to
Rule 44. Proof Of Official Records the Defendant and shall require the
Rule 45. Subpoenas Defendants to answer the Complaint and
Rule 46. Exceptions serve a copy of his Answer on the person
Rule 47. Juries - Amendment signing the Summons at a place within the
Rule 48. Jury Verdicts State specified in the Summons at which
Rule 49. Special Verdicts there is no post office within 30 days after
service of the Summons and Complaint
exclusive of the day of service. The

43
Summons shall further notify the Defendant (c) Service in the following manner shall
that in case of his failure to file and Answer, also constitute personal service. If the
judgment by default may be rendered against Defendant cannot be conveniently found,
him for the relief requested in the Complaint. service may be made by leaving a copy of the
Summons and Complaint at the Defendant’s
RULE 4. SERVICE OF PROCESS. dwelling house and delivered to a member of
(a) Summons and Complaint may be the Defendant’s family or household over the
served within the exterior boundaries of the age of 14 years.
Rosebud Indian Reservation by any law (d) Proof of the regular service of a
enforcement officer or Tribal member who is Summons and Complaint or any other legal
a resident of the Rosebud Indian Reservation document must state the time, place and
of the age of 18 years or older and who is not manner of such service and must be made as
a party to the litigation. Service of Summons follows:
and Complaint upon any party outside the (1) If served by a law enforcement
boundaries of the Rosebud Indian officer or other process server, his
Reservation may be made in the manner certificate thereof.
prescribed for service of process in that (2) If served by any other person, his
jurisdiction affidavit thereof.
(b) The Summons and Complaint shall be (3) If admitted by the party upon whom
served by delivering copies thereof. Service service may have been made, then by the
in the following manner shall constitute written admission of such party or his
personal service: attorney; or
(1) If the action is against a (4) If served by publication, by the
corporation, service shall be made on the affidavit of the publisher of the newspaper or
President, Secretary, Cashier, Treasurer, a other employee showing such regular
Director, or managing or registered agent publication and an affidavit of the party or his
thereof and such service may be made within attorney showing regular mailing of copies to
or outside the jurisdiction. In case the the party to be served at his last known post
process server shall return the Summons office address.
with his certificate that no such officer, (e) Personal service shall be deemed
director or agent conveniently be found, completed if the person to be served is
service may be made by leaving a copy of the informed of the purpose of the service and
Summons and Complaint at any office of the provided copies of the papers being served
corporation with the person in charge of and said copies are either received by the
such office person to be served or left within his reach.
(2) If the action be against a minor, Whether the person accepts or refuses to
service shall be made on a parent or person accept said copies is immaterial.
having custody and if the minor over the age (f) If the Plaintiff can establish to the
of 14 years, then also upon the minor satisfaction of the Court by affidavit that he
personally, and in any event, on the legally was made a diligent effort to obtain personal
appointed general guardian if one exists. If a service as provided by these rules upon a
guardian ad litem has been appointed, Defendant both with and without this
service shall also be made on the guardian jurisdiction, and that despite such diligent
ad litem effort, personal service cannot be obtained
(3) If the action is against a person on a Defendant, then and in such event, the
judicially declared to be of unsound mind or Court may authorize service by publication of
who is an inmate of any institution or the Summons Service by publication shall
mentally incompetent or for whom a general constitute publishing the contents of the
guardian has been legally appointed, service Summons in a local newspaper of general
shall be made on such guardian and upon the circulation at least once a week for four
superintendent of such institution or person consecutive weeks and by mailing by first
having custody of the Defendant and also class mail, postage prepaid, a copy of the
upon the incompetent Dependent Summons and Complaint to the Defendant at
(4) Whenever the manner of service of his last known post office address.
process is specified in any statute or rule (g) The Court may it its discretion on such
specifically relating to the action; remedy of terms as it deems proper at any time allow
special proceeding, the manner of service any Summons or other process or proof of
there specified shall be followed service to be amended unless it clearly
(5) In all other cases on the Defendant appears that the substantial rights of the
personally. person against whom the process was
issued would be prejudiced thereby.

44
RULE 5. SERVICE AND FILING OF shall be entitled without notice to an order
PLEADINGS AND OTHER PAPERS. requiring such paper to be filed within a
reasonable time as specified by the Court.
(a) Except as otherwise provided by these
The Court may likewise order that upon
rules, every Order required by its terms to be
failure to file such paper, the action or
served, every pleading subsequent to the
proceeding shall be dismissed without
original Complaint, every motion other than
one which may be heard ex parte and every prejudice and no new action or proceeding
may be commenced without payment of
written notice, appearance, demand, offer of
reasonable terms to be fixed by the Court. If
judgment and similar paper shall be served
any such process or other paper has been
upon each of the parties. No service need to
lost or withheld by any person, the Court may
made on parties in default for failure to
appear except that pleadings asserting new authorize a copy thereof to be filed and
substituted for the original. A legal
or additional claims for relief against
document is deemed filed with the Court as
Defendants in default shall be served upon
required by this Chapter if the same has
them in the same manner as provided for
been presented to the Clerk of Court or to the
service of Summons and Complaint.
Judge assigned to handle the proceeding.
(b) Whenever service of a legal document
The Clerk or the Judge will not thereon the
other than the Summons and Complaint is
filing date and assure that the document is
required or permitted to be made upon a
placed in the original Court file.
party represented by an attorney, the service
shall be made upon the attorney unless
service upon that party himself is ordered by RULE 6. TIME.
the Court. Service upon the attorney or a (a) In computing any period of time set
party shall be made either by service in the forth in these rules, the day the time period is
manner provided for Summons and to commence shall not be counted and the
Complaint or by mailing a copy of the legal last day of the period shall be counted,
document to the party or his attorney at provided however, that any period which
the last known post office address. Service would otherwise end on a Saturday, Sunday,
by mail shall be by first class mail and is or a legal holiday will be deemed to end on
complete upon mailing. An attorney’s the next day which is not a Saturday, Sunday,
certificate of service, the written admission or a legal holiday.
of service by the party or his attorney, or an (b) Whenever under these rules or by an
affidavit of mailing shall be sufficient proof of Order of the Court an act is required to be
service. The provisions of this Rule 5 are not done or a notice given within a specified
intended to change the rules for Service of time, the Court may for good cause shown, in
Summons and Complaint. Further, any its discretion at any time, with or without
process or other legal paper designed or motion or notice, enlarge the time period if a
with the purpose to bring a party into request is made for enlargement before the
contempt shall be served by personal service expiration of the period originally prescribed
only. or as extended by a previous order. If the
(c) In any action in which there are time as originally prescribed or as previously
unusually large number of Defendants, the enlarged has expired, the Court shall require
Court may order that service of documents written motion for enlargement of the time
between Defendants upon each other and and appropriate notice be given to the
replies thereto may be made in summary adverse party. If the time period has expired
fashion other than by service by each prior to the application being made, the
Defendant on each other Defendant. A copy Court should no enlarge the time if such
of any such order of the Court shall be action will do substantial prejudice to the
served upon all parties in such manner and adverse party. Nothing in this rule shall be
form as the Court directs. deemed to authorize the Court to enlarge the
(d) The originals of all papers served upon time for making motions for judgment not
a party or presented to any Court or to any withstanding the verdict, motions for new
Judge shall either be filed with the Court trial, or motions for relief from a final
prior to service or filed with the Court judgment or Order except under such
together with the proof of service circumstances as are set forth in those
immediately upon service. If such papers are specific rules.
not to be served, they must be filed with the (c) Any written motion, other than one
Court at the time of their presentation to the which may be heard ex parte, and notice of
Court for action or consideration. In the hearing thereon or an Order to Show Case
event of failure to file any paper required to shall be served not less than five days before
be filed under this rule, the adverse party the time specified for the hearing unless a

45
different time period is fixed by these rules or mistakenly designated a defense as a
by an Order of the Court. Application for an counterclaim or a counterclaim as defense,
Order to fix a hearing date may be made ex the Court if justice so requires, shall treat the
parte. Whenever any motion is supported by pleadings as if the designation had been a
an affidavit, the affidavit shall be served with proper one.
the motion except as otherwise provided in (d) Each paragraph of a pleading shall be
these rules. Responding or opposing simple, concise, and direct. A party may set
affidavits may be served not later than one forth two or more statements of claim or
day before the hearing unless the Court defense alternatively or hypothetically, either
permits by Order affidavits to be served at in one count or in separate counts. A party
some other time. may also state as many separate claims or
(d) Whenever a party has the right or is defenses as he has regardless of
required to do some act within a specified consistency and whether based upon legal or
period after the service of a notice of other on equitable grounds or both.
paper upon him, or whenever such service is (e) All pleadings shall be construed so as
required to be made a specified event, and to do substantial justice.
the notice or paper is served by mail, three
days shall be added to the prescribed period. RULE 9. PLEADING OF SPECIAL
MATTERS.
RULE 7. PLEADINGS AND MOTIONS. (a) A party need not plead or prove the
(a) The pleadings which shall be allowed existence, status or capacity of the following
shall be a Complaint and an Answer, a matters unless the same are called into issue
Counterclaim, a Crossclaim, a reply to a by the responsive pleading or timely motion
Counterclaim, an answer to a Crossclaim if of the adverse party, namely:
the Answer contains a Crossclaim, a third (1) Capacity to be sued or to sue in an
party Complaint, and a third party Answer if a individual or in a representative capacity;
third party Complaint served. No other (2) The legal existence of a corporation
pleading shall be allowed except that the or organized association of persons being
Court may order a reply to an Answer or a made a party:
third party Answer. (b) All allegations of fraud or mistake must
(b) A party shall state in plain, concise be pled factually and with particularity.
terms the grounds upon which he bases his Malice, intent, knowledge, or other state of
defense to claims pleaded against him and mind of a person may be alleged generally.
shall admit or deny the claims and (c) The performance of a condition
statements upon which the adverse party precedent may be pled generally. The non-
relies. If he is without information or performance of a condition precedent must
knowledge regarding a statement or claim, be pled specifically and with particularity.
he shall so state. Such shall be deemed a (d) In pleading an official document or
denial. Denials shall fairly meet the official act, it is sufficient to allege that the
substance of the claim or statement denied document was issued or the act done in
and may be made as to specific parts but not compliance with the law. In pleading any
all of a claim or statement is general denial statute or ordinance, it is sufficient to refer to
shall not be made unless the party could in the statute by its number and the ordinance
good faith deny each and every claim by its title or number and the date of its
covered thereby. A claim to which a approval.
responsive pleading is required except for (e) In pleading a judgment or decision of a
the amount of damages shall be deemed Court or a judicial or quasi-judicial body or of
admitted unless denied. If no responsive a board or hearing officer, it is sufficient to
pleading is required, the claims of the allege the judgment or decision without
adverse party shall be deemed denied. setting forth any matters showing the
(c) In responding to a pleading, a party jurisdiction to render it.
shall set forth affirmatively all matters (f) For the purpose of testing the
constituting an avoidance or affirmative sufficiency of a pleading, allegations of time
defense including accord and satisfaction, and place are material and shall be
arbitration, and award, assumption of risk, considered like all other allegations of
contributory negligence, discharge in material matters.
bankruptcy, duress, estoppel, failure of (g) When items of special damage are
consideration, fraud, illegality, injury by claimed, they should be specifically alleged.
fellow servant, laches, license, payment, (h) When a party is ignorant of the name of
release, re judicata, statute of frauds, statute an opposing party, and so alleges in his
of limitations, and waiver. When a party has pleading, the opposing party may be

46
designated by any name, and when his true stricken as sham and false and action may
name is discovered, the process and all proceed as though the pleading had not been
pleading in the action shall be amended by served.
substituting the true name.
(i) In any action for libel or slander it shall RULE 12. DEFENSES AND
not be necessary to allege any facts for the OBJECTIONS.
purpose of showing the application to the
Plaintiff of the defamatory matter upon which (a) A Defendant shall serve his Answer
the cause of action is based, but it shall be within 30 days after the service of the
sufficient to state generally that the same Complaint and Summons upon him. Any
was published or spoken concerning the party served with a pleading stating a
Plaintiff. If such allegation be controverted, counterclaim or crossclaim against him shall
the Plaintiff shall be bound to establish at serve an Answer within 20 days after service
trial that the matter was published or spoken. of the Answer, or if a reply is ordered by the
Court within 20 days after service of the
Order unless modified by the Court. The
RULE 10. FORM OF PLEADINGS.
service of any motion permitted under Rule
(a) Every pleading shall have a caption
12 alters these periods of time as follows
setting forth the name of the Court, the title
unless a different time is fixed by order of the
of the action, and an identification of the type
Court.
of pleading. In the Complaint, the title of the
(1) If the Court denies the motion or
action shall include the names of all the
postpones a decision until the trial on the
parties, but in all subsequent pleadings, it is
merits, the responsive pleadings shall be
sufficient to state the name of the first party
served within 10 days after notice of the
on each side with an appropriate indication
Court’s action.
that other parties are involved.
(2) If the Court grants a motion for a
(b) All allegations of name or defense shall
more definite statement, the responsive
be made in numbered paragraphs, the
pleading shall be served within 10 days after
contents of each paragraph to be limited in
the service of the more definite statement.
as far as is practical to a statement of a
(3) If an appeal is taken from an Order
single set of circumstances. A paragraph
sustaining a motion to dismiss and such
may be referred to by number in all Order is thereafter reversed, the responsive
succeeding pleadings. Each claim founded
pleading shall be served within 20 days after
upon a separate transaction or occurrence
the judgment or Order of reversal is filed in
and each defense other than a denial shall be
the trial Court.
stated in a separate count or defense
(b) Every defense to a claim for relief in
whenever a separation facilitates the clear
any pleading whether a Complaint,
presentation of the matters alleged.
Counterclaim, Crossclaim, or Third Party
(c) Statements in a pleading may be
Claim shall be asserted in the responsive
adopted by reference in a different part of
pleading if one is required, except that the
the same pleading or in another pleading or
following defenses may at the option of the
in any motion. A copy of any written
pleader be made prior to the filing of a
instrument which is an exhibit to a pleading is
responsive pleading my motion, namely, lack
a part of the pleading for all purposes.
of jurisdiction over the subject matter, lack of
jurisdiction over the person, insufficiency of
RULE 11. SIGNINGS OF PLEADINGS. process, insufficiency of service of process,
Every pleading of a party represented by an failure to state a claim upon which relief may
attorney shall be signed by at least one be granted, failure to join a party under Rule
attorney of record in his individual name 19. If the Court is presented a motion for
whose address shall be stated. A party who failure to state a claim upon which relief can
is not represented by an attorney shall sign be granted and matters outside the
the pleading and state his address except pleadings are presented to the Court and not
when otherwise specifically provided by rule excluded, the Court may treat the motion as
or statute. Pleadings need not be verified or one for summary judgment, if all parties are
accompanied by affidavits. The signature of provided a reasonable opportunity to present
an attorney constitutes a certificate by him all material pertinent to such motion.
that he has read the pleading; that to the best (c) After the pleadings are closed but
of his knowledge, information, and belief, within such time as to not delay trial, any
there is good ground to support it, and that it party may move for judgment on the
is not interposed for delay. If a pleading is pleadings. If during a hearing for judgment
not signed or is signed with intent to defeat on the pleadings, matters outside the
the purpose of this section, it may be pleadings are presented and not excluded by

47
the Court, the Court may treat the motion as matter of the opposing party’s claim and
one for summary judgment and dispose of does not require for its adjudication the
the same in that fashion if all parties had presence of third parties of whom the Court
been given a reasonable opportunity to cannot acquire jurisdiction. The pleader
present any material pertinent to such a need not state the claim if at the time the
motion. action was commenced the claim was the
(d) Any of the defenses raised either by subject of another pending action or the
pleading or by motion and listed in Rule 12 opposing party brought suit on his claim by
(a), (b), (c), shall be heard and determined attachment or other process by which the
before trial upon application of one of the Court did not acquire jurisdiction to render a
parties unless the Court orders such personal judgment on the claim, and the
hearings to be deferred until the time of trial. pleader is not standing any counterclaim
(e) If a pleading to which a responsive under Rule 13 of the claim is not one over
pleading is permitted is so vague or which the Court would have jurisdiction if
ambiguous that the opposing party cannot brought as an original action.
reasonably be required to frame a (b) A pleading may state as a
responsive pleading, he may move for a more counterclaim any claim against an opposing
definite statement before filing a responsive party not arising out of the transaction or
pleading. The motion shall point out the occurrence that is the subject matter of the
defects complained of and details desired. If opposing party’s claim.
the motion is granted and the Order of the (c) A counterclaim may diminish in part or
Court is not obeyed within 10 days after defeat totally the recovery sought by the
notice of the Order or within such other time opposing party. It may claim relief exceeding
as the Court may fix, the Court may strike the an amount or different in kind from that
pleading to which the motion was directed or sought in the pleading of the opposing party.
make such other Order as is deemed (d) A claim which either matured or was
appropriate. acquired by the pleader after service his
(f) Upon a motion made by a party before responsive pleading may, with the
responding to a pleading, or if no responsive permission of the Court, be presented as a
pleading is permitted upon motion made by a counterclaim by a supplemental pleading.
party within 20 days after service of the (e) When a pleader fails to set up a
pleading upon him or upon the Court’s own counterclaim through oversight,
initiative at any time, the Court may order inadvertence, or excusable neglect or when
stricken from any pleading any insufficient justice requires, he may with the permission
defends or any redundant, immaterial, of the Court set up a counterclaim by
impertinent, or scandalous matter. amendment of his pleading.
(g) A defense of lack of jurisdiction over (f) A pleading may state as a crossclaim
the person, insufficiency of process, or any claim by one party against a co-party
insufficiency of service of process is waived arising out of the transaction or occurrences
if not raised pursuant to motion under Rule that is the subject matter either of the
12 or if not included in a responsive pleading original action or of a counterclaim or
or an amendment thereto as permitted or relating to any property that is the subject
allowed by these rules. A defense of failure matter of the original action. Such
to state a claim upon which relief may be crossclaim may include a claim that the party
granted, a defense to join an indispensable against whom it is asserted is or may be
party, or an objection of failure to state a liable to the crossclaimant for all or part of a
legal defense claim may be raised at the trial claim asserted in the action against the
on the merits even though not previously crossclaimant.
raised under Rule 12 or on a responsive (g) Persons other than those made parties
pleading. Whenever it appears by to the original action may be made parties to
suggestion of the parties or otherwise that a counterclaim or crossclaim in accordance
the Court lacks jurisdiction of the subject with the provision of Rule 19 and Rule 20.
matter, the Court shall dismiss the action. (h) If the Court orders separate trials
pursuant to these rules, then and in such
RULE 13. COUNTERCLAIMS AND event judgment on a counterclaim or
CROSSCLAIMS. crossclaim may be rendered when the Court
has jurisdiction to do so even if the claim of
(a) A responsive pleading shall state as a
the opposing party has been dismissed or
counterclaim any claim which at time of
otherwise disposed of.
serving the pleading the pleader had against
the opposing party if it arises out of the
transition or occurrence that is the subject

48
RULE 14. THIRD PARTY NOTICE. At any pleadings, the Court shall fix the response
time after commencement of an action and time for the adverse party.
within 10 days of filing an original answer, a (e) The Court may upon the motion and
defending party may without permission of notice permit a party to serve a supplemental
the Court cause Summons and Complaint to pleading setting forth occurrences or events
be served upon any person not a party to the which have happened since the date of the
action who is or may be liable to the pleading sought to be supplemented. If such
defending party for all or part of the permission is granted to file supplemental
Plaintiff’s claims against him. After 10 days pleadings, the Court shall fix the response
from service of the original answer, the time for the adverse party.
defending party must obtain permission of
the Court to join a third party. Any person so RULE 16. PRETRIAL CONFERENCE. In
served with Summons and Complaint shall be any action, the Court may in its discretion
called a third party Defendant and shall be direct the attorneys or the parties to appear
allowed to file responsive pleadings and before it in a conference to consider the
including answers, counterclaims, and following:
crossclaims as provided in Rule 12 and 13. A (1) Simplification of issues
third party Defendant may also proceed (2) Amendments to the pleadings
under Rule 14 against any person not a party (3) Stipulations as to facts or admissibility
to the claim made in the action against third of documents
party Defendant. The Court may render such (4) The limitation of numbers of expert and
judgments, one or more in number, as may other witnesses
be suitable. When a counterclaim is asserted (5) Jury Instructions
against a Plaintiff, he may cause a third party (6) Any other matters which may aid in the
to be brought in under such circumstances disposition of the action
which would entitle a Defendant to do so Following a pretrial conference the Court
under this rule. may make such Orders with relationship to
the conference as is appropriate.
RULE 15. AMENDED AND
SUPPLEMENTAL PLEADINGS. RULE 17. PARTIES.
(a) A party may amend his pleadings once (a) Every action shall be prosecuted by
as a matter of right before the opposing party the real party in interest except that a
has replied, or, if no reply is required, within personal representative or other person in a
20 days after the pleading was served. Other fiduciary capacity may sue in his own name
amendments shall be allowed only upon without joining the party for whose benefit
motion and order of the Court or permission the action is being maintained.
of the adverse party. Any party served with (b) When two or more persons associated
an amended pleading has an additional 10 in business together and transacting such
days from the service date or the original business under a common name are sued by
expiration date for the answering, whichever such common name, the Summons and
is longer, within which to respond to the Complaint in such case may be served on
amended pleading. one or more of the associates but need not
(b) When issues not raised in the pleading be served upon all. A judgment in such
are presented at trial and tried by express or action shall bind the joint property of all the
implied consent of the parties, they shall be associated and the individual property of the
treated in all respects as if they had been party or parties actually served a Summons
raised in the pleadings. The Court may allow and Complaint in the same manner as if all
amendments of the pleadings at trial such as have been named Defendants and have sued
may be necessary to cause them to conform upon their joint liability. This section will not
to the evidence and the issue actually raised apply to corporations.
at trial. An issue presented and retried in a (c) When an infant or other incompetent
subsequent proceeding even though it was person without a general guardian is made a
not raised in the pleading. party to a lawsuit, the Court shall appoint a
(c) All amendments of pleadings related guardian ad litem to present such person in
back to the date of the original pleading. the proceeding. Unless the Court otherwise
(d) The Court may upon motion and notice orders, no guardian ad litem shall be
permit a party to serve a supplemental permitted to receive any money or other
pleading setting forth occurrences or events property from the ward. Such guardian ad
which have happened since the date of the litem may settle or compromise the litigation
pleading sought to be supplemented. If such only with the approval of the Court and shall
permission is granted to file supplemental make application to the Court for payment of

49
any fees or expenses incurred by him, which (a) All persons may join in one action as
fees and expenses shall be the responsibility Plaintiff if they assert any right to relief
of the ward. jointly, severally, or in the alternative, arising
out of the same transaction, occurrence, or
RULE 18. JOINDER OF CLAIMS AND series of transactions, and if any questions of
REMEDIES. law or fact is common to all those persons
(a) Any party asserting a claim to relief as and will arise in the proceedings. All persons
may be joined in one action as Defendants if
an original claim, counterclaim, crossclaim,
the common element exist as to all
or third party claim may join either as
Defendants as stated in the previous
independent or as alternative claims as many
sentence. Judgment may be given for one or
claims either legal or equitable as he has
against an opposing party. more of the Plaintiffs according their
respective rights to relief and against one or
(b) Whenever a claim is one cognizable
more of the Defendants according to their
only after another claim has been prosecuted
respective liabilities.
to a successful conclusion, the two claims
(b) The Court may make such orders as
may be joined in a single action, but the
will prevent the party from being
Court shall grant relief in said action only
embarrassed, delayed, or put to additional
after determining that the right to relief has
expense by the inclusion of a party against
been established in the proper manner and in
whom he asserts no claim or who asserts no
the proper order. For example, a Plaintiff
claim against him. The Court may order
may state a claim for money damages and a
separate trials or make other Orders to
claim to have set aside a fraudulent
prevent delay or prejudice.
conveyance as to him without first having
obtained a judgment establishing the claim
for money damages. RULE 21. MISJOINDER AND NON-
JOINDER OF PARTIES. Misjoinder of
RULE 19. JOINDER OF PERSONS parties is not grounds for dismissal of an
NEEDED FOR A JUST ADJUDICATION. action. Parties may be dropped or added by
order of the Court on motion of any party or
(a) Certain persons shall be made parties
on its own initiative at any stage of the
to pending litigation if possible. Those
proceeding and on such terms as are just.
persons are as follows: persons in whose
Any claim against any party may be severed
absence complete relief cannot be accorded
and proceeded with separately by the Court
among those persons already parties; or
Order.
persons who claim an interest in the subject
of the action and are situated so that the
disposition of the action in their absence may RULE 22. INTERPLEADER. Any party to a
impair their ability to protect their interest or lawsuit who believes that he is or may be
leave one of the parties subject to a exposed to double or multiple liability may
substantial risk of incurring multiple or make application to the Court for permission
inconsistent obligation. If such person to join as parties those people whom he
exists, the Court shall order that he be made believes expose him to inconsistent or
a party. multiple liability by way of interpleader.
(b) If any person described in Rule 19(a) Interpleader will be liberally granted by the
above cannot be made a party because he is Court to the extent that it does not deprive
beyond jurisdiction of the Court or otherwise, the Court of Jurisdiction over the
then and in such event, the Court shall proceedings.
determine whether the absent person is
indispensable. If the Court determines that RULE 23. CLASS ACTIONS AND
the person is indispensable, the Court shall STOCKHOLDER ACTIONS. No class
dismiss the action. If not, the Court shall action shall be allowed to be brought in the
allow the action to proceed and take such Tribal Court without prior permission of the
protective measures by the shaping of relief Tribal Council. No stockholder derivative
or appropriate provisions of the judgment as action may be brought in Tribal Court without
will protect the rights of the person not prior permission of the Tribal Council.
joined and those persons who are parties to
the lawsuit. RULE 24. INTERVENTION. Upon timely
application, any person shall be permitted to
RULE 20. PERMISSIVE JOINDER OF intervene in an action if he has otherwise
PARTIES. qualified to be a party to the proceeding
pursuant to Rule 19, Rule 20, or Rule 22. any

50
person desiring to intervene shall serve a (e) A party against whom discovery is
motion to intervene upon the parties, which sought may move the Court for protective
motion shall state the grounds for order to prevent annoyance, harassment,
intervention and shall be accompanied by a embarrassment oppression, undue burden of
pleading setting forth the claim or defense expense, or protection of trade secrets or
for which intervention is sought. Upon the other confidential material. The Court may
hearing or stipulation of the parties, the make such orders as are reasonably
Court shall determine whether or not necessary to protect the confidentiality of the
intervention will be allowed. material yet still allow such discovery as is
appropriate. The Court may grant the
RULE 25. SUBSTITUTION OF PARTIES. protective order in its entirety or deny the
If a party dies and the claim is not thereby same in its entirety or grant partial relief to
extinguished or if a party becomes either party.
incompetent or transfers his interest or (f) If a party fails to respond or appear for
separates from some official capacity, the discovery as provided in these rules, the
Court may allow substitute parties to be opposing party may move the Court for an
joined in the proceedings as justice requires. Order to compel the non-performing party to
perform. The Court may award the costs or
RULE 26. DISCOVERY. attorney fees to the non-defaulting party for
the necessity of bringing the matter before
(a) Parties may obtain discovery
the Court. If a party fails to perform after
regarding any matter not privileged which is
being ordered to do so by the Court, the
relevant to the pending action, whether or
Court may upon motion and notice order that
not such is or may be admissible at trial, if
a certain fact, claim, or defense be deemed
the request appears reasonably calculated
established or strike part of a claim or
to lead to the discovery of admissible
defense or dismiss the action or render a
evidence. Discovery may not be had of the
judgment by default against the non-
work project of the party’s attorney.
complying party in an aggravated case.
Discovery may be had by any or all of the
(g) Answers to interrogatories and
following methods. The frequency of use of
depositions may be used at any hearing or at
these methods is not limited unless the Court
so orders. trial to impeach or contradict the testimony
of a person deposed or discovered. The
(b) Interrogatories - Any party may
deposition of a witness, whether or not a
submit interrogatories to any other party who
party, may be used by any party or any
must answer the same in writing under oath
purpose if the Court finds that the witness is
within 30 days of receipt.
(c) Any party may take the oral deposition dead, or that the witness is outside the
jurisdiction of the Court unless it appears
of an adverse party or any witness under
that the absence of a witness was procured
oath upon not less than 10 days notice
by the party offering the deposition, or that
specifying the time and place when and
the witness is unable to attend or testify
where such deposition will occur. A
because of age, sickness, infirmity,
deposition may be taken at any place by
imprisonment, or occupational commitments,
agreement of the parties. If no agreement as
or if the party offering the deposition has
to location can be reached, such deposition
been unable to procure the attendance of the
will be performed at the Tribal Court building
witness by subpoena. In the event that a
in Rosebud, South Dakota.
deposition to be offered, review the same
(d) Any Party may request any other party
and make rulings on such objections to
to produce any documents or physical
admissibility of questions as are in such
evidence in his custody or possession or
deposition or as are made in writing by either
copying or request permission to enter and
party. The Court shall then edit the
inspect real property reasonably related to
deposition based upon such objections and
the case. The party to whom the request has
the deposition as edited shall be read to the
been presented shall within 30 days reply as
jury in lieu of the witness’s testimony.
to whether or not such will be allowed, and if
not, state the reason. If production or
inspection is not agreed to, or allowed, then RULES 27 THROUGH 37 ARE
the party requesting the same shall move the RESERVED FOR FUTURE USE.
Court for a determination by the Court of
whether or not inspection or production of RULE 38. TRIALS.
documents will be allowed. The Court shall
(a) Trials of all civil actions shall be to the
order such inspection if it is reasonably
Court without a jury unless a party to the
relevant to the case at hand.
action files a request for a jury tribal and

51
pays the fee of $100 at the time of filing his interests of justice, dismiss the case without
initial pleadings. Court will then fix the time prejudice for failure to prosecute.
and place for hearing the request for a jury (b) Any party wishing to secure a trial date
trial which the Court may postpone until the in a civil jury or non-jury case where a
pleadings have been completed and issues responsive pleading has been filed shall
formulated. The Court shall make the make his application for trial date by a
determination of whether or not a jury shall certificate of readiness. A certificate of
be granted upon whether significant issues readiness shall be served on the opposing
of fact are presented which will be party or his counsel and shall contain
determined of the issues which are substantially the following information:
inappropriate for the Court to decide. No (1) That all responsive pleadings have
jury trial will be allowed unless such been filed and that the case is ready for trial
significant factual issues are determined by in all respects.
the Court to exist. (2) That all necessary discovery has
(b) Unless the requested party or the been completed.
Court specified otherwise, all factual issues (3) That sufficient time has elapsed to
properly triable by a jury shall be decided by afford all parties the reasonable opportunity
the jury at trial. to be ready for trial.
(c) A judge may, upon his motion, order a (4) The case is either for jury trial or for
trial by jury of any or all of the factual issues trial by the Court
of a case regardless of whether or not the (5) There either is or is not a possibility
parties have requested the same. A judge of settlement of the case.
may hear and decide any or all of the issues (6) That a pretrial conference either is
at trial without a jury if either party fails to or is not requested for the purpose of
appear for trial regardless of whether a jury disposing of pretrial motions, jury
trial was requested or ordered. instructions, or any other pertinent matter.
(d) The failure of a party to demand or If the opposing party feels in good faith that
request a jury trial at the time of filing his the case is not in a posture for trial, he shall
initial pleadings together with the file a resistance to the certificate of
appropriate filing fee shall constitute a readiness within 10 days after the receipt of
waiver by him of any rights which he may the same and serve a copy of the same on all
have to trial by jury. parties establishing by specific facts the
reasons why the case is not ready for trial.
RULE 39. RIGHTS TO TRIAL BY JURY. He may request a hearing date on the
No absolute right if jury trial exists in a civil question of whether or not a trial date should
case in the Rosebud Sioux Tribal Court. be set. If hearing date is requested, the
Whether a request for jury trial be granted is Court shall fix a hearing date on the question
within the sound discretion of the Judge of whether the case is ready for trial and
assigned to hear the case. make appropriate Orders. If no hearing is
requested, or no response or resistance is
RULE 40. ASSIGNMENT OF CASES FOR made to the certificate of readiness, the
Court shall determine whether the case is
TRIAL. ready for trial, and if so, enter an Order fixing
(a) The Chief Judge shall be responsible a trial date. If the Court determines that the
to assign civil cases to the various Judges case is not ready for trial, the Court shall
and shall be responsible to maintain a attempt to ascertain what items need to be
separate Court calendar for civil jury cases completed before the case is not ready for
and civil Court Cases. The Chief Judge shall trial and enter an Order directed to the
review both calendars on a regular basis, but parties or their attorneys to complete such
at least every six months to assure himself items within a reasonable time fixed by the
and the Tribal Judiciary Committee that all Court so that the matter can be moved
pending civil actions are being disposed of forward for trial. Once a case has been
as expeditiously as possible. In the event approved by the Court for trial and a trial
that the Chief Judge determines that no date has been fixed, no other certificate of
activity has occurred in a pending civil case readiness need be filed in order to fix trial
beyond two calendar reviews, the Court may dates if the initial trial date is postponed for
fix a hearing time pursuant to Order to Show any reason. Once a certificate of readiness
Cause why the action should not be has been filed and the Court has fixed a trial
dismissed without prejudice for failure to date, no trial date shall be postponed without
prosecute the claim. If the Court finds that at the same time fixing a new trial date.
no good cause exists, the Court may in its
discretion, giving due regard for the

52
RULE 41. DISMISSAL OF ACTION.
(a) Any civil action may be dismissed by RULE 44. PROOF OF OFFICIAL
the Plaintiff without Order of the Court by RECORDS.
filing a notice of dismissal at any time before (a) An official record kept within the
services by the adverse party of a responsive United States or any territory thereof or any
pleading or of a motion for summary State thereof or any entry therein, when
judgment, or by filing a stipulation of admissible for any purpose, nay be
dismissal signed by all parties who have evidenced by an official publication thereof
appeared in the action. Unless otherwise or by a copy attested or certified by the
stated in the notice of dismissal or officer having the legal custody of the record
stipulation, the dismissal is without or his deputy together with a certificate that
prejudice. such officer having a seal of office and
(b) Except as provided in Rule41(a), no having official duties in the political
action shall be dismissed at the Plaintiff’s subdivision in which the record is kept,
request except on Order of the Court and authenticated by the seal of his officer. It
upon such terms and conditions as the Court may also be proved by the testimony of the
deems proper. If a counterclaim, crossclaim, official having custody of the record.
or third party claim has been pleaded prior to (b) In any action tried to a jury, excluded
the service upon such person of the evidence may upon request be included in
Plaintiff’s motion to dismiss, the action shall the record for purposes of appeal and
be dismissed over the Defendant’s objection excluded oral testimony shall be put into
or the third party’s objection unless the evidence by means of an offer of proof made
counterclaim or third party claim can remain outside the hearing of the jury. In actions
pending for independent adjudication by the tried to the Court, the Judge may receive
Court. Unless otherwise specified in the such excluded evidence and testimony into
Order, a dismissal under this paragraph is the record for appeal purposes.
without prejudice. (c) A written statement that after diligent
(c) If the Plaintiff fails to prosecute or search, no record or entry of a specified
substantially comply with this chapter or any tenor is found to exist in the records
Order of the Court, a Defendant may move designated by the statement and
for dismissal of an action or any claim authenticated as provided in Rule 44. (a) is
against him. After the plaintiff in an action admissible as evidence that the records
tried to the Court has completed contain no such record or entry.
presentation of his case, the Defendant may
move for dismissal on the grounds that upon RULE 45. SUBPOENAS.
the facts presented or the law, the Plaintiff
(a) The Clerk of Courts or any Tribal
has shown no right to relief. The Court may
Judge upon application of any party of their
rule on the motion at that time or may decline
attorney in a civil case may issue a subpoena
to rule on the motion until the close of all the
for a witness or witnesses to attend any
evidence. If the Court renders judgment on
hearing or trial or for the purpose of taking a
the motion against the Plaintiff, the Court
deposition pursuant to the discovery rule.
shall enter findings of fact and conclusions of
(b) A subpoena shall state the name of the
law establishing the reason for his ruling. A
Court, title of the action, and shall command
dismissal under this section, other than a
the person to whom it is directed to attend
dismissal for lack of jurisdiction or failure to
and give testimony or produce documents,
join a party, operated as an adjudication on
books, papers, or other tangible pieces of
the merits.
evidence stated in the subpoena at a time
(d) The Court on its own motion may
and place specified in the subpoena. It shall
dismiss any action where the records of the
state the name of the party or parties for
Clerk of Courts indicate that the case has
whom the testimony or documents are
been inactive for a period of two years.
required.
(c) A subpoena may be served by any
RULE 43. EVIDENCE. At all hearings and officer or person qualified to make service of
trials, the testimony of witnesses shall be a Summons and Complaint. A subpoena
taken orally under oath unless otherwise shall be served in the same manner as a
provided in these rules. All evidence Summons and Complaint served except that
admissible under the Federal Rules of no service by publication is allowed. A
Evidence or as specified as admissible under subpoena must be served sufficiently in
Tribal law shall be admissible. The advance of the date when the appearance of
competency of witnesses to testify shall be the witness is required to enable the witness
similarly determined. to reach the appearance place by the

53
ordinary or usual method of transportation 50 persons who shall be designated as the
which he may use. jury list for that year until their successors
(d) Any person requesting the issuance of are selected. The committee selecting the
subpoenas shall tender to the Clerk of Judge jury list shall select resident members of the
the sum of $5 for each and every subpoena Rosebud Sioux Tribe at least 18 years of age
which he requests be served, which sum who in opinion of the committee shall be able
shall be deemed to cover the cost of the to regularly attend Court as required and
service fees to the process servers. The shall not have been convicted of any felony.
person requesting the subpoena shall at the When the jury list is completed, the list shall
time tender to the Clerk or Judge the sum of be delivered to the Chief Judge and the Clerk
$10 which sum shall be tendered to the of Courts. The Clerk shall then notify in
witness fees for one day’s attendance at writing each member of the jury list that they
Court pursuant to the subpoena. If such fees have been selected for jury duty for that year
are not paid at the time of the request for and advise them to be presented for jury
issuance of the subpoenas, the Clerk of service during the succeeding year.
Courts or the Tribal Judge shall not issue (b) At any time when a jury trial has been
such subpoena. At the commencement of scheduled and a trial date has been fixed, at
each day of trial or hearing after the first day, least one week prior to the date fixed for trial,
a witness under subpoena may demand an the Clerk shall draw by lot from the jury list
additional daily fee from the party who the names of 20 jurors which 20 jurors shall
subpoenaed him for each subsequent day’s be deemed the jury panel for the succeeding
attendance, and if the dame is not paid jury trial which is scheduled. Those persons
immediately, the witness shall not be shall be notified at least seven days prior to
required to remain. When any subpoena is the date set for trial by first class mail that
requested to be issued on behalf of the their presence is required at the time and
Rosebud Sioux Tribe or any of its political or place fixed for said jury trial and that they
official subdivisions or any officer of agency may be punished as being in contempt of
thereof, no fees for service or fees for Court for their willful failure to appear.
attendance on such subpoenas shall be (c) Individuals shall be paid the sum of $10
required to be paid, but such subpoena shall plus road trip mileage at the prevailing tribal
be issued and attendance pursuant to those rate per day for each day that they are
subpoenas shall be required. required to appear for jury duty. However,
(e) A person who has been properly those selected to actually serve as Jurors
served with a subpoena and fails to appear shall be paid the sum of $40 dollars plus road
or produce such documents as were trip mileage at the prevailing tribal rate per
required may be deemed in contempt of day for each day that they are required to
Court and punished accordingly. actually perform jury service.
(f) A person present in Court or before a (d) The Court shall permit the parties or
judicial officer may be required to testify in their counsel, but not both, to conduct an
the same manner as if he had been served examination of prospective jurors. The Court
with a subpoena even though no subpoena may also examine the prospective jurors for
has actually been issued to him. the purpose of establishing challenges.
(e) A challenge is an objection made to a
RULE 46. EXCEPTIONS. Formal potential juror. Challenges are two types,
exceptions to rulings or Orders of the Court namely, challenges for cause or preemptory
are unnecessary for the purpose of appeal, challenges. Challenges for cause, must be
but for all purposes where an objection is based upon statements or status of the
proper and the party has an opportunity to potential juror that the juror is familiar with
object to a ruling or Order at the time it is the case, has formed an opinion regarding
made, such party should do so in order to the outcome, is sufficiently related to one of
assure that such objection or ruling is the parties or one of the witnesses that it
preserved for appeal purposes. would be impossible or difficult for the juror
to render a fair and impartial verdict, or for
RULE 47. JURIES. any other reason that the juror could not
(a) Each year, preferably in January, but render a fair and impartial verdict. The
Judge shall immediately rule on any
in any event, as soon after the first of the
challenges for cause. Preemptory
year as can reasonably be done, the
challenges are challenges made for no
Judiciary Committee of the Tribal Council or
reason. Each side of a case shall have three
such other committee as the Council may
direct shall compile from the Rosebud Sioux preemptory challenges. Where there are
multiple Plaintiffs or multiple Defendant’s,
Tribe Tribal census rolls a list of not less than
the Plaintiffs and Defendants must divide the

54
preemptory challenges among them or work (m) If the jury is unable after a reasonable
out some other agreeable arrangements for length of time to reach a verdict under these
exercising of the challenges. No more than rules, the Court shall declare a mistrial and
three preemptory challenges will be set the action for a new trial.
executed on each side.
(f) The Clerk shall draw lots and seat 12 RULE 48. JURY VERDICTS.
potential jurors from the panel and shall (a) There shall be six jurors chosen to
replace jurors for whom a challenge for hear a case. In addition, the Court may allow
cause is allowed until a full panel of 12 is the selection of one or more alternate jurors
passed for cause. The parties shall then in the event the Court anticipates a lengthy
exercise preemptory challenges. Each side trial. In the event an alternate juror is chosen
must exercise the full three preemptory and hears the case, he shall be dismissed at
challenges allowed to them. After exercise the time the case is submitted to the jury if he
of the preemptory challenges, the Clerk shall is not needed.
administer an oath to the jury selected for the (b) When all or at least five of the six jury
trial that they will fairly deliberate on the members have agreed on a verdict, they
case before them and render a true verdict shall so inform the bailiff who shall notify the
according to the Court’s instructions. Court. The jury shall return to the
(g) The Court may allow an alternate juror Courtroom, and the Clerk shall call the jury
or jurors to be chosen in such manner as the roll. The verdict shall then be given in writing
Court may direct. If after the proceedings to the Clerk who shall read the same to the
begin but before the case is submitted to the Court. The Judge shall then inquire of the
jury for their verdict, a juror becomes unable jury foreman as to whether the verdict just
or disqualified to perform his duties, and read is the true verdict of the jury. Either
alternate juror shall take his place. If no party may request that the jury be polled
alternate juror had been selected, the parties individually to determine if such, in fact, is
may agree to complete the action with the the jury verdict. If insufficient jurors agree
remaining jurors. If no agreement can be with the verdict, the jury shall be sent out
reached, the Judge shall declare a mistrial, again to reconsider. Otherwise, the verdict
discharge the jury, and the case shall be is complete and the jury shall be dismissed.
tried with a new jury.
(h) The Court may, in its discretion, allow RULE 49. SPECIAL VERDICTS. A Court
the jury to view a location or piece of
may, in its discretion, require the jury to
property or place of occurrence of a
return a verdict or verdicts in the form of
disputed or otherwise relevant fact or event.
specific findings on specified issues. The
(i) At any time prior to their verdict, when Court may require the jury to return a
the jurors are allowed to leave the
general verdict accompanies by answers to
Courtroom, the Judge shall admonish them
questions related to the issues under
not to converse with or listen to any other
consideration.
person on the subject of the trial and further
admonish them not to form or express any
opinions on the case until the case is RULE 50. MOTIONS FOR DIRECTED
submitted to them for their decision. VERDICT AND FOR JUDGMENT
(j) Once the case is submitted to the jury, NOTWITHSTANDING THE VERDICT.
they shall retire to deliberate in private under (a) A party who moves for a directed
the charge of an officer of the Court called verdict at the close of the evidence offered
the bailiff. He will refrain from by the opposing side may offer evidence as if
communicating with them or allowing any no motion has been made in the event that
other person to communicate with them the motion is denied. A motion for directed
except to inquire whether they have reached verdict shall state the grounds therefore, and
a verdict and he shall prevent others from may be granted by the Court without the
improperly communicating with the jury. consent of the jury.
(k) The jury take into the jury room during (b) A party who has moved for a directed
deliberation the Court’s instructions, all verdict at the close of all the evidence as if
documents received in evidence, and any no motion has been made in the event that
notes taken by the jurors themselves. the motion has been denied, or not ruled
(l) If the jury has any questions on an upon, may within 10 days after entry of
instruction or other point of law or other area judgment move to have the verdict and any
of inquiry, the jury may request additional judgment thereon set aside and entered
instructions of the Court. Such questions according to his motion for directed verdict
shall be answered by the Court after notice or if there has been a verdict, the party may
of the parties or their counsel. so move within 10 days after the jury has

55
been discharged. A motion for a new trial the Court. Findings of Fact and Conclusions
may be made in the alternative under the of Law are not necessary and need not be
same restrictions. The Court shall enter entered when granting or denying a
judgment or make any Orders consistent temporary restraining order or preliminary
with his decision on the motions. injunction in a divorce proceedings or other
domestic relation type dispute or on
RULE 51. INSTRUCTIONS AND decisions and motions under Rule 12 or Rule
ARGUMENTS TO THE JURY. 56 or any other motion except under Rule 41
for involuntary dismissal of a lawsuit.
(a) At the close of the evidence or at such
earlier times as the Court may direct, any
party may file proposed written instructions RULE 53. RESERVED.
for the Court to give to the jury. Copies shall
be served on the other parties. At the close RULE 54. JUDGMENTS.
of the evidence, the Court, and the parties of (a) A judgment is any Order which finally
their counsel shall settle instructions at and conclusively determines the rights of the
which time out of the hearing of the jury the party. When more than one claim for relief is
Court shall hear arguments on the presented in an action, however designated,
instructions which the Court proposes to a final judgment may be entered on less than
make and offer the parties the opportunity to of such claims. If the Court enters an Order
except to the instructions of the Court. No severing such decided claims from the
grounds of objections or exception to the remaining claims, then the appeal time will
giving or the refusing of all instruction shall commence to run as to the claim decided in
be considered on motion for new trial or the same manner in which the appeal time
appeal unless specifically presented to the would begin to run if the claim had been sued
Court upon the settlement of such out separately. Otherwise, the appeal will not
instruction. commence to run until all of the claims in the
(b) Final arguments for the parties to the litigation are decided.
jury shall be made by the parties or their (b) A judgment by Default shall not award
counsel, but not both, after the jury has been relief different in kind from or exceed the
instructed. The Plaintiff, having the burden amount which was specifically prayed for in
of proof, will open and close the argument. the Complaint. Otherwise, every final
Each side shall be allotted the same amount judgment shall grant the relief to which the
of time for opening and closing, and the party in whose favor the same was rendered
Plaintiff may not use more than half his time is entitled even if such relief was not
for closing argument. The Court shall not demanded in the pleadings. It may be given
comment on the evidence of this case. for or against one or more several persons,
and it may, if justice requires, determine the
RULE 52. FINDINGS BY THE COURT. ultimate rights of the parties on either side as
(a) In all actions tried upon the facts between themselves.
without a jury, the Court shall, unless (c) The Court may award costs and
otherwise provided in these rules, find the disbursements to the prevailing party or
facts specially and state separately its order that each party shall bear its own
Conclusions of Law thereon, and judgment costs. The prevailing party shall file with the
shall thereafter be entered pursuant to Rule Court an affidavit of his costs and necessary
58. In granting or refusing temporary disbursements within five days of the entry of
restraining orders or preliminary injunctions, the judgment and serve a copy on the
the Court shall similarly set forth the Findings opposing party. If such are not objected to
of Fact and Conclusions of Law which within five days after receipt of the affidavit
constitute the grounds of its action. If an of costs, they shall be deemed to be part of
opinion or memorandum of decision is filed, and included in the judgment rendered. The
the facts and legal conclusions stated costs which are allowable are filing fees, fees
therein need not be restated, but may be for service and process, publication fees,
included in the Findings of Fact and fees for subpoena and attendance of
Conclusions of Law by reference, or the witnesses and costs of depositions. No other
Court may adopt its written decision of fees shall be allowed.
Findings of Fact and Conclusions of Law. (d) The Court shall not award attorney’s
(b) Findings of Fact and Conclusions of fees in any case except the Court may in its
Law are waived by failing to appear for trial, discretion award a reasonable attorney’s fee
by consent in writing filed with the Clerk, by in divorce or other domestic relations type
oral consent in open Court, or by entering case.
into a stipulation of facts for consideration by

56
RULE 55. DEFAULT JUDGMENTS. further relief is or could be sought. Any such
(a) When a party against whom a declaration shall have the force and effect of
judgment for affirmative relief is sought has a final judgment or decree and shall be
failed to make an appearance or plead or reviewable as such.
otherwise defend as provided by these rules,
his default shall be proved by affidavit and RULE 58. ENTRY OF JUDGMENT.
judgment by default may be granted to the (a) A money judgment upon a verdict of a
opposing party. jury shall be signed by the Clerk and filed. All
(b) If the party against whom judgment by other judgments shall be signed by the Judge
default is sought has appeared in the action, and filed with the Clerk. A judgment is
he or his counsel shall be served with written complete and shall be deemed entered and
notice of the application for default judgment effective for all purposes when it is signed
at least three days prior to the hearing on and filed as provided herein and when proof
such application. The same notice shall be of service of notice of entry of judgment on
given if the person against whom default the opposing party has been filed with the
judgment is sought is an infant or Clerk.
incompetent, regardless of whether he has
appeared or not. RULE 59. NEW TRIALS.
(c) Judgment by default without evidence (a) Any party may petition for a new trial
may be entered by the Court if a party’s claim on any or all of the issues presented by
against the opposition is for a sum of money serving a motion not later than 10 days after
which is or can by computation be made entry of judgment for any of the following
certain. Judgment by default or any other reasons:
type relief shall be entered only upon receipt (1) Error or irregularity in the Court
of such evidence as the Court may deem proceedings or misconduct by one of the
necessary to establish the validity and adverse parties which prevented one of the
amount of the claim. Notice of an entry of a parties from receiving a fair trial.
default judgment shall be served upon the (2) Misconduct of the jury or jury
party against whom it is taken and such members or a finding that any question
default judgment shall not be effective until submitted to them was determined by a
such service has been accomplished and resort to chance.
proof thereof has been filed with the Court. (3) Accident or surprise or newly
(d) The Court may, for good cause shown, discovered evidence which ordinary
set aside either an entry of default or a prudence could not have guarded against or
default judgment under this rule or under produced at trial.
Rule 60. (4) Damages so excessive or
inadequate that they appear to have been
RULE 56. SUMMARY JUDGMENT. At given under the influence of passion or
any time 30 days after commencement of an prejudice.
action any party may move the Court for (5) Insufficiency of the evidence to
summary judgment as to any or all issues justify the verdict or other decision or that is
presented in the case, and such shall be contrary to law.
granted by the Court if it appears that there (6) Error of law occurring at the trial,
is no genuine issues as to any material fact provided however, that the claimed error
and that the moving party is entitled to was accompanied by an objection, an offer of
judgment as a matter of law. Such motion proof, or a motion to strike at the time the
shall be served not less than 10 days prior to alleged error was made.
the hearing on said motion and my be (b) A new trial shall not be granted on the
supported by affidavits, discovery material, basis of any claim which is determined to be
or memorandum, all of which must be made harmless in that it did not result in a
available to the opposing parties at least 10 substantial injustice.
days prior to the hearing. The opposition (c) All requests for new trial shall be
shall have full opportunity to respond to such summarily dismissed unless they are
motion at the time fixed for hearing. accompanied by affidavits establishing the
particular facts in detail upon which the
RULE 57. DECLARATORY JUDGMENTS. motion is based. Arguments of law may also
In the case of an actual controversy, the be included.
Tribal Court, upon filing of an appropriate (d) The Court may on its own initiative
pleading, may declare the rights and other within 10 days after entry of judgment order
legal relations of any interested party a new trial on any grounds assertable by a
seeking such declaration, whether or not

57
party to the action and shall specify the of the proceeding shall disregard any error
reasons for so doing. or defect which does not adversely affect the
(e) A motion to alter or amend a judgment substantial rights of the parties.
shall be served within 10 days after the entry
of judgment. RULE 62. STAY OF PROCEEDINGS TO
ENFORCE A JUDGEMENT.
RULE 60. RELIEF FROM JUDGMENTS (a) Except as ordered by the Court for
OR ORDERS. good cause shown, no execution shall issue
(a) Clerical mistake in judgments, orders, upon a judgment nor shall proceedings be
or other parts of the record and errors taken for its enforcement until the expiration
therein arising from oversight or omission of 30 days after its entry unless otherwise
may be corrected by the Court at any time on ordered by the Court. A judgment in an
its own initiative or on motion of any party action for injunction shall not be stayed
and after such notice as the Court may during the period after its appeal and until an
direct. Mistakes may be corrected before an appeal is taken or during the pendency of an
appeal is docketed in the Appellate Court appeal. The other provisions of this rule shall
and thereafter while the appealing is govern the suspending, modifying, or
pending, but only with the permission of the restoring, or granting of an injunction during
Appellate Court. the pendency of an appeal.
(b) On motion and upon such terms as are (b) In its discretion and on such
just, the Court may, in the furtherance of conditions for security of the adverse party
justice, relieve a party or his counsel from a as are proper, the Court may stay the
final judgment, Order, or proceeding for the execution of or any proceeding to enforce a
following reasons: judgment pending the disposition of a motion
(1) Mistake, inadvertence, surprises, or for new trial under Rule 59 or of motions
excusable neglect. under Rule 50 or 60.
(2) Newly discovered evidence, which, (c) When an appeal is taken from a
by the exercise of due diligence, could not judgment granting, dissolving, or denying an
have been discovered in time to move for a injunction, the Court in its discretion may
new trial. suspend, modify, restore, or grant an
(3) Fraud. injunction during the pendency of the appeal
(4) The judgment is void. upon such conditions as deems proper for
(5) That the judgment has been the security of the rights of the adverse
satisfied, released, or discharged or a prior party. The Court may require a cash or
judgment upon which it is based has been surety bond be posted by the appropriate
reversed or otherwise vacated or it is not parties.
longer equitable that the judgment should (d) When an appeal is taken, the
have prospective application, or, appellants by giving bond in an amount fixed
(6) Any other reason justifying relief by the Court of at least an amount sufficient
from the operation of the judgment. to pay any judgment which may be rendered
The motion should be made within a against him on appeal, may obtain a stay
reasonable time and for reasons 1, 2, and 3 unless such stay is otherwise prohibited by
not more than 30 days after the judgment law or by these rules. The stay is effective
order or proceeding was entered upon or when the bond is approved and received by
taken. This rule does not limit the power of a the Court, but not until such time.
Court to entertain an independent action to (e) When an appeal is taken by the Tribe
relieve a party from a judgment, Order, or or an officer or agency of the Tribe, a stay
proceedings, or to grant relief to a Defendant shall be granted by the Tribal Court
not actually personally notified as provided automatically upon request and no bond or
by statute or to set aside a judgment for other security shall be required from the
fraud upon the Court. Tribe or its officers or agencies.
(f) Nothing in this rule shall be construed
RULE 61. HARMLESS ERROR. No error to limit the power of the Appellate Court to
in either the admission or exclusion of grant such stays or other proceedings or
evidence or in any ruling or Order or in make such Orders appropriate to preserve
anything done or omitted by the Court or by the status quo or the effectiveness of any
any of the parties is grounds for granting a judgment subsequently to be entered.
new trial or otherwise disturbing a judgment (g) When a Court has ordered a final
or Order unless refusal to grant relief judgment on some but not all claims
appears to the Court inconsistent with presented in an action, the Court may stay
substantial justice. The Court at every stage enforcement of that judgment until the

58
entering of a remaining judgment or public auction. Sale of the seized property
judgments and may prescribe such shall be at a public auction conducted by the
conditions as are necessary to secure the Tribal Police after having given at least 10
benefit thereof to the party in whose favor days public notice posted in three
the judgment is entered. conspicuous public places on the reservation
(h) No stay, injunction, or other relief from together with a notice of sale published in a
a judgment or Order pursuant to this rule local newspaper of general circulation at
shall be granted by the Court without notice least seven days prior to the date fixed for
to the opposing party and the opportunity to the sale. The property shall be sold to the
be hears. highest bidder for cash at the time of the
sale. The person conducting the auction may
RULE 63. DISABILITY OR postpone such in his discretion if there is an
DISQUALIFICATIONS OF A JUDGE. inadequate response to the auction or the
biddings and may reschedule such upon
(a) If by reason of death, sickness, or
giving the required notice. The person
other disability a Judge before whom an
conducting the sale shall make a return of
action has been tried is unable to perform the
sale to the Court including an inventory of the
duties under these rules after a verdict is
items taken into his possession, the amount
returned, or Findings of Fact and
received therefore, the person who brought
Conclusions of Law are filed, then in such
the same, and deposit in the proceeds
event, any other Judge assigned or sitting in
thereof with the Court for distribution to the
the Court may perform those duties.
judgment creditor and to be credited against
However, if such other Judge is satisfied that
the judgment. The Tribal Police may also
he cannot perform those duties because he
levy and execute upon items of personal
did not preside at the trial or for any other
property which cannot be conveniently
reason, he may in his discretion grant a new
moved` such as bank accounts, accounts
trial.
receivable, and other such items. The levy
(b) Whenever a party to an action or
and execution shall be made by serving upon
proceeding or his attorney shall make and
the holder of such item of personal property
file an affidavit to the effect that he believes
a copy of the Order of the Court. Upon
that he may not receive a fair trial before
such Judge before whom such action is receipt of such Order of the Court, the
person in whose possession the property to
pending, such Judge shall automatically
the Tribal Police for either public auction sale
disqualify himself and shall proceed no
or crediting on the judgment creditor, the
further in the matter except to call in another
Court shall order the judgment debtor to
Judge to hear and determine the case. No
reasons need be stated in the affidavit. appear in Court and answer questions under
oath regarding all of his personal property.
However, an affidavit can only be filed by a
The Court shall then determine what
party once in any proceedings.
property of the judgment debtor is available
for execution and order the Tribal Police to
RULE 64. EXECUTION OF take appropriate measures to convert the
JUDGEMENTS. property to cash and apply the same to the
(a) At any time 30 days after entry of judgment. Failure of the judgment debtor to
judgment awarding money or costs against a appear or fully answer questions shall be
party, it is made to appear to the Court that deemed a contempt of Court.
the judgment debtor has been served notice (c) The judgment debtor may claim as
of entry of judgment and has not paid the exempt from levy and execution the sum of
judgment in full or is not current in making $1500 worth of property selected from all
installment payments in a manner agreed to property of the judgment debtor in the sole
by the parties in writing and filed with the discretion of the judgment debtor. The
Court, the Court shall, upon motion of the judgment debtor may only claim the
judgment creditor heard ex parte, order the exemptions by filing with the Court an
Tribal Police to levy and execute upon the affidavit and inventory listing all the judgment
personal property of the judgment debtor as debtor’s property wheresoever and
provided herein. howsoever situated and a reasonable
(b) The Tribal Police shall forthwith estimate of the value of such property and
attempt to locate all personal property of the identifying in said affidavit the specific items
judgment debtor within the jurisdiction of the of property claimed as exempt and the values
Court and seize the same and transport it to of said property. Such affidavit and
a safe, convenient place. The Tribal Police inventory shall be filed at least five days prior
shall then, as soon as reasonably be done, to the date fixed for levy execution sale and
make arrangements to sell the same at shall be deemed waived if the same is not

59
filed on time. The property claimed as received on an application for a preliminary
exempt shall be offered at public auction at injunction which would be admissible on the
the time and place previously fixed. If the trial of the merits becomes part of the record
property claimed as exempt does not bring at on the trial and need not be repeated at the
public auction the amount of value as trial. This paragraph shall be construed and
estimated by the judgment debtor, the same applied to save the parties any rights they
shall be no saled and returned to the may have to a trial by jury.
judgment debtor. If the property claimed as (b) No temporary restraining order shall
exempt brings a higher bid than the value be granted without written or oral notice to
stated by the judgment debtor, then the same the adverse party or his counsel unless:
shall be sold and the value established by the (1) It clearly appears from specific
judgment debtor in his affidavit shall be facts shown by affidavit or by the verified
withheld from the proceeds of the sale and Complaint that immediate and irreparable
paid to the judgment debtor. Any such sums injury, loss, or damage will result to the
paid to the judgment debtor shall be exempt applicant before the adverse party or his
from levy and execution for a period of 90 attorney can be heard in opposition, and,
days following such payments. All sales shall (2) The applicant’s attorney or the
be subject to prior valid liens of records. applicant certifies to the Court in writing
(d) A judgment may be satisfied in whole under oath the efforts, if any, which have
or in part by the owner thereof or his been made to give notice or the reasons
attorney executing under oath and filing an supporting his claim that notice should not
acknowledgment of satisfaction specifying be required.
the amounts paid and whether such is in full Every temporary restraining order granted
or partial satisfaction. A Judge may order without notice shall be endorsed with the
the entry of satisfaction upon proof of date and hour of issuance; shall be filed
payment and failure of the judgment creditor forthwith in the Clerk’s office and entered on
to file a satisfaction. A judgment satisfied in record; shall define the injury and state why
whole with such fact entered in the judgment it is irreparable and why the Order was
record shall cease to operate as a lien on the granted without notice, and except in actions
judgment debtor’s property. A partially arising in a divorce proceeding or other
satisfied judgment or an unsatisfied domestic relation type litigation, shall expire
judgment shall continue in effect and become by its terms within 10 days after entry unless
and remain a lien upon the judgment debtor’s the Court fixes a shorter time period for
property for a period of 10 years or until expiration. For good cause shown, the Court
satisfied, whichever comes first. An action may extend the temporary restraining order
to renew a judgment may be maintained for an additional 10 days unless the party
anytime prior to the expiration of 10 years against whom the Order is directed consents
and will extend the period of limitations an that it may be extended for a longer period.
additional 10 years and may be thereafter The reasons for the extension shall be
extended once more by the same procedure. entered on record. In case a temporary
(e) Notwithstanding the availability of restraining order is granted without notice,
tribally commissioned police to exercise the the motion for a preliminary injunction shall
powers of levy and execution described in be set down for hearing at the earliest
this Rule, the Tribal Court may appoint possible time and takes precedence over all
suitable tribal members as Judgment matters except older matters of the same
Enforcement Commissioners having all the character. When the motion comes on for
powers to levy and execute upon the hearing, the party who obtained the Order
property of the judgment debtor described in shall proceed with the application for
subsections (a) through (d) of this Rule. preliminary injunction. If he does not do so,
the Court shall dissolve the temporary
RULE 65. TEMPORARY RESTRAINING restraining order. On two days notice to the
ORDER AND INJUNCTIONS. party who obtained the temporary
restraining order without notice or upon such
(a) No preliminary injunction shall be
shorter notice period as the Court may
issues without written application and notice
to the adverse party. Before or after the prescribe, the adverse party may appear and
move its dissolution and modification. In
commencement of the hearing for an
such event, the Court shall proceed to hear
application for a preliminary injunction, the
and determine such motion as expeditiously
Court may order the trial of the action on the
as possible. Temporary restraining orders
merits to be advanced and consolidated with
the hearing of the application. Even if this by their very nature may not be appealed.
(c) Except as otherwise provided by law,
consolidation is not ordered, any evidence
no restraining order or preliminary injunction

60
shall issue except by the posting of a bond by 4-2-3. Adoption By Reference Does
the applicant in an amount approved by the Not Constitute A Waiver Of
Court for the payment of such costs and Sovereign Power
damages as may be incurred by the opposing 4-2-4. Statute Of Limitations
party who is found to have been wrongfully 4-2-5. Principles Of Construction
enjoined or restrained. No security shall be 4-2-6. Jurisdiction Over Persons
required in a divorce proceeding or other 4-2-7. Personal Service Off Of
domestic relations litigation in the discretion Reservation - Amendment
of the Court. Any surety upon a bond under 4-2-8. Law Applicable To Actions
this rule submits himself to the jurisdiction of In Tribal Court - Amendment
the Court and irrevocably appoints the Clerk 4-2-9. When Order or Judgment Of
of Tribal Courts as his agent upon whom any Other State, Tribal or
papers affecting his liability on the bond may Foreign Court May Be
be served. His liability may be enforced on Recognized In Tribal Court -
motion without the necessity of an Amendment
independent action. The motion and notice
of motion may be served upon the Clerk of 4-2-1. SOVEREIGN IMMUNITY. Except
Courts who shall forthwith mail copies to the as required by federal law or the Constitution
sureties at their last known post office and bylaws of the Tribe or specifically waived
addresses. by a resolution or ordinance of the Tribal
(d) Every Order granting an injunction and Council making specific reference to such,
every restraining order shall set forth the the Rosebud Sioux Tribe and its officers and
reasons for its issuance; shall be specific in employees shall be immune from suit in any
terms; shall describe in reasonable detail, civil action for any liability arising from the
and not be reference to the Complaint or performance of their official duties.
other documents, the acts or act sought to
be restrained. It is binding only upon those 4-2-2. ACTIONS BY OR AGAINST THE
persons in active concert or active
participation with them who receive actual TRIBE OR ITS OFFICERS OR
notice of the Order by personal service or EMPLOYEES. In any action otherwise
otherwise. In addition, the Court shall set authorized by or against the Tribe or its
forth the Findings of Fact and Conclusions of officers or employees arising from
Law which constitute the grounds of its performance of their official duties, the
actions. following modification to the rules and
(e) No injunctions or restraining order procedures set forth in this Code shall apply.
shall be issued unless the Court finds from (1) The periods of time specified for civil
the pleadings, affidavits, or testimony cases for appeals of either a civil or criminal
presented to it as follows: nature for which an answer, reply, or other
(1) That the party making application pleading or response of any kind shall be
has no adequate legal remedy; required shall be double the normal period.
(2) That the party making application (2) Neither the Tribe nor its officers or
has exhausted all administrative remedies employees when involved in a civil action
(3) That irreparable harm will result arising from the performance of their official
which cannot be solved by the awarding of duties shall be liable for the payment of costs
money damages unless the injunction or or expenses of the opposing parties.
temporary restraining order is granted and, (3) Neither the Tribe nor its officers or
(4) That greater harm will be done to employees when involved in a civil action
the party making application by the refusal of arising from the performance of their duties
the injunctive relief than will be occasioned either as Plaintiff or Defendant shall be
to the opposing party by the granting of such required to post security bond or otherwise
relief. for any purpose.

CHAPTER 2 – LIMITATION OF 4-2-3. ADOPTION BY REFERENCE DOES
ACTIONS AND SOVEREIGN NOT CONSTITUTE A WAIVER OF
SOVEREIGN POWER. The adoption of any
IMMUNITY
law, code or other document by reference
into this Code shall in no way constitute a
4-2-1. Sovereign Immunity
waiver or secession of any sovereign power
4-2-2. Actions by or Against The
of the Rosebud Sioux Tribe to the jurisdiction
Tribe or Its Officers or
whose law or code is adopted or in any way
Employees
diminish such sovereign power, but shall

61
result in the law or code thus adopted decisions such as Oliphant (55 Lawyers Ed
becoming the law of the Rosebud Sioux 2nd 209) limit the jurisdiction of this Court
Tribe. over certain non-Indians. However, the
Rosebud Sioux Tribal Court will continue to
4-2-4. STATUTE OF LIMITATIONS. exercise all of the civil and criminal
Unless otherwise specifically provided in this jurisdiction over all persons allowed to it by
Code, the following limitations on bringing of federal statute and federal judicial Court
a civil action will apply: decisions.
(1) Any action arising against the Tribe or
its officers or employees arising of their 4-2-7. PERSONAL SERVICE OFF OF
official duties must be commenced within RESERVATION.
one year of the date the cause of action A. To the greatest extent consistent with
accrued. due process of law, any person, whether or
(2) Any other cause of action must be not a citizen, resident, or present on the
commenced within two years the cause of Reservation, who in person or through an
action accrued provided, however, that any agent does any of the acts as enumerated in
cause of action based upon fraud or this Section, thereby submits said person or
misrepresentation shall not be deemed to his personal representative to the
have accrued until the aggrieved party has jurisdiction of the Tribal Court as to any
discovered the facts constituting fraud or cause of action arising from doing any of the
misrepresentation. following acts within the Rosebud Indian
Reservation.
4-2-5. PRINCIPLES OF CONSTRUCTION. (1) The transaction of any business;
(1) Masculine words shall include the (2) The commission of a tortious act;
feminine and singular words shall include the (3) The ownership, use or possession of
plural and vice versa. any property, real or personal;
(2) Words shall be given their plain (4) Contracting to insure any person,
meaning and technical words shall be given property or risk;
their usually understood meaning where no (5) The act of sexual intercourse within
other meaning is specified. this Reservation;
(3) Whenever a term is defined for a (6) Living in a marital relationship,
specific part of this Code, that definition shall notwithstanding the subsequent departure
apply in all parts of the Code unless a from this Reservation, as to any action for
contrary meaning is clearly appropriate. divorce or separate maintenance so long as
(4) This Code shall be construed as a the petitioning party has continued to reside
whole to give effect to all of its parts in a within the Reservation.
logical and consistent manner. B. Only causes of action arising from acts
(5) If any provision of this Code or the enumerated herein may be asserted against
application of any provision to any person or a defendant in an action in which jurisdiction
circumstance is held invalid, the remainder over him is based upon this Section.
of this Code shall not be affected thereby, C. Nothing in this Section limits or affects
and to the extent possible, the invalid jurisdiction over persons now or hereafter
provisions of this Code are declared provided by law or the rights to serve any
reasonably obvious to the Court. process in any other manner now or
(6) Any typographical errors or omissions hereafter provided by law.
shall be ignored whenever the meaning of
the provision containing the error or 4-2-8. LAW APPLICABLE TO ACTIONS
omission is otherwise reasonably obvious to IN TRIBL COURT. The Tribal Court shall
the Court.
apply the applicable laws of the Rosebud
(7) Any other questions of construction Sioux Tribe and the United States in actions
shall be handled in accordance with the
before it. Any matter not covered by
generally accepted principles of construing
applicable tribal or federal laws shall be
giving due regard for the underlying
decided according to the customs and usage
principles and purposes of this Code.
of the Tribe. Where doubt arises as to
customs and usages of the Tribe, the Court
4-2-6. JURISDICTION OVER PERSONS. may request the advice of persons generally
The Rosebud Sioux Tribal Court will exercise recognized in the community as being
civil and criminal jurisdiction over all persons familiar with such customs and usages. In
within its territorial jurisdiction to the extent any matter in which the rule of law is not
allowed by federal statutory law and Federal supplied by any of the above, the Tribal Court
Court decisions. It is recognized that may look to the law of any tribe or state

62
which is consistent with the policies 4-3-7. Recording of Ordinance in
underlying tribal law, custom and usages. Ordinance Book

4-2-9. WHEN ORDER OF JUDGMENT OF 4-3-1. DEFINITIONS OF TERMS. For the
OTHER STATE, TRIBAL OR FOREIGN purposes of this Chapter the word
COURT MAY BE RECOGNIZED IN “Ordinance” shall mean a permanent
legislative act of the Tribal Court of the
TRIBAL COURT. No order or judgment of a Rosebud Sioux Tribe, within the limits of its
state, tribal or foreign court may be powers. The word “resolution” as used in
recognized as a matter of comity in the this Chapter shall mean any determination,
Rosebud Sioux Tribal Court except under the decision or direction of the Tribal Council of
following terms and conditions. the Rosebud Sioux Tribe of a special or
(1) Before the Rosebud Sioux Tribal Court temporary character for the purpose of
may consider recognizing a state, tribal or initiating, affecting, or carrying out its
foreign court order or judgment , the party administrative duties and functions under the
seeking recognition shall establish by clear law and ordinances governing the Rosebud
and convincing evidence that: Sioux Tribe.
(a) The court had jurisdiction over both
the subject matter and the parties;
4-3-2. AMENDMENTS BY ORDINANCE
(b) The order or judgment was not
fraudulently obtained; ONLY. No amendments shall be made to
(c) The order of judgment was obtained this Tribal Law and Order Code of the
by a process that assures the requisites of an Rosebud Sioux Tribe by resolution. The only
impartial administration of justice including amendments which shall be effective and
but not limited to due notice and a hearing; recognized by the Tribal Council or the
(d) The order or judgment complies Courts of the Rosebud Sioux Tribe to this
with the laws, ordinances and regulations of Tribal Law and Order Code shall be those
the jurisdiction from which it was obtained; amendments which are made by ordinance
and pursuant to this Chapter.
(e) The order or judgment does not
contravene the public policy of the Rosebud 4-3-3. READING, PASSAGE AND
Sioux Tribe. PUBLICATION OF ORDINANCES. All
(2) If a Court is satisfied that all of the ordinances shall be presented to the Tribal
foregoing conditions exist, the Court may Council in writing and shall be read twice
recognize the court order or judgment in any with at least seven (7) days intervention
of the following circumstances: between the first and second reading. If
(a) In any child custody or domestic amendments are offered to the ordinance
relations case; during the reading process, such shall be
(b) In any case in which the jurisdiction offered in writing. If such amendment is
issuing the order or judgment also grants allowed by the Council, the reading process
comity to orders and judgment of the must begin again. Under no circumstances
Rosebud Sioux Tribal Courts; shall an ordinance be effective unless it has
(c) In other cases if exceptional had the two readings required by this
circumstances warrant it; or Chapter in its final unamended form.
(d) Any order authorized to be
recognized pursuant to 25 USC 1911 (d) or 4-3-4. PASSAGE OF RESOLUTIONS. A
25 USC 1919.
resolution may be passed after one reading.
It shall be recorded at length in the minutes
CHAPTER THREE – AMENDMENTS of the meeting at which it was passed with a
TO LAW AND ORDER CODE statement of the number of votes for and
against the same. It shall be published in full
4-3-1. Definition of Terms as part of the minutes.
4-3-2. Amendments By Ordinance
Only 4-3-5. RECORDING OF VOTES ON
4-3-3. Reading, Passage and ORDINANCES. The vote upon all
Publication Of Ordinances ordinances after the second reading shall be
4-3-4. Passage Of Resolutions taken individually and entered upon the
4-3-5. Recording Of Votes On minutes of the meeting.
Ordinances
4-3-6. Publication and Effective 4-3-6. PUBLICATION AND EFFECTIVE
Date Of Ordinance
DATE OF ORDINANCES. Following the

63
second reading and adoption of an ordinance hearing aimed at working out the dispute in
under this Chapter, the Secretary of the the Indian way.
Tribal Council shall within ten (10) days
thereafter cause such ordinance to be 4-4-3. PERSONS PRESENT. At the
published in a newspaper designated by the informal hearing there may be present the
Tribal Council for that purpose. The Tribal petitioner, the respondent to the summons, a
Secretary shall also, within the same ten (10) judge of the Rosebud Sioux Tribal Court, the
days period, submit the ordinance to the tribal defender, the tribal prosecutor and any
agency superintendent pursuant to the Tribal other person requested to be present by
Constitution if BIA approval is required for either the petitioner or the respondent.
that particular ordinance, the ordinance shall
become effective after publication and the 4-4-4. OBJECTIVES OF THE INFORMAL
completion of the approval process by the
Bureau of Indian Affairs. If approval is not HEARING. At the informal hearing, both
required, the ordinance shall become parties shall have a chance to discuss in the
effective ten (10) days after publication. Indian way any disputed facts and shall be
guided by the Court officials present to reach
a mutual agreement that is satisfactory to
4-3-7. RECORDING OF ORDINANCE IN
both the petitioner and the respondent.
ORDINANCE BOOK. After an ordinance
takes effect, the Secretary of the Tribe shall 4-4-5. COURT APPROVAL OF
record the same, together with a certificate
of the date of its publication in a book to be AGREEMENT. If both the petitioner and the
known as the Tribal Ordinance Book and file respondent reach a mutual agreement it
the original Affidavit of Publication with the shall be transcribed and approved by the
ordinance. Judge of the Tribal Court. A mutual
agreement approved by the Court shall have
the force of a civil judgment of the Tribal
CHAPTER 4 – ALTERNATIVE Court and if not adhered to may be enforced
REMEDY as a civil judgment under Section 5 of this
Chapter or by any appropriate order issued
4-4-1. Alternative Remedy To A by the Court.
Civil A- Amendment
4-4-2. Informal Hearing - 4-4-6. FAILURE TO REACH
Amendment AGREEMENT. If no agreement can be
4-4-3. Persons Present – reached in the Indian way by the parties, the
Amendment only remaining remedy is a civil action as
4-4-4. Objectives Of The Informal provided by Chapter 1 above. If there is a
Hearing - Amendment civil action, the tribal judge who sat in on the
4-4-5. Court Approval Of informal hearing shall not preside.
Agreement - Amendment
4-4-6. Failure To Reach Agreement
- Amendment

4-4-1. ALTERNATIVE REMEDY TO A
CIVIL ACTION. In any dispute between
persons within the Rosebud Sioux Tribal
Court’s civil jurisdiction over a claim of a
person debt, not incurred from an
established business, or child support owed
or a dispute over ownership of personal
property, any adverse party may petition the
Tribal Court for an alternative remedy to a
civil action as hereinafter provided.

4-4-2. INFORMAL HEARING. Upon
petition by any adverse party, a judge of the
Rosebud Sioux Tribal Court may issue a
subpoena to any named adverse
respondents requiring that person or
persons to appear before the Tribal Court at
a stated time and place for an informal

64
TITLE FIVE the impending discovery or apprehension of
the other person;
(3) Obstruct anyone by force, intimidation,
CRIMES or deception in the performance of any act
which might aid in the discovery, detection,
apprehension, prosecution, conviction, or
CHAPTER 1 – PARTIES TO CRIMES punishment of the other person; or;
(4) Conceal, destroy, or alter any physical
5-1-1. Person Capable Of evidence that might aid in the discovery,
Committing Crimes detection, apprehension, prosecution,
5-1-2. Aiding, Abetting, Advising, conviction, or punishment of the other
or Assisting Criminal person.
Conduct-Charged and A violation of this section is a Class A
Punished As Principal crime.
5-1-3. Accessories To Crime
CHAPTER 2 – CATEGORIES OF
5-1-1. PERSONS CAPABLE OF
COMMITTING CRIMES. All persons are CRIMES
capable of committing crimes except the
following: 5-2-1. Class D Crimes
(1) Children under the age of 10 years; 5-2-2. Class C Crimes -
(2) Children of the age of 10 years or more Amendment
but under the age of 14 years in the absence 5-2-3. Class B Crimes -
of proof that at the time of the committing of Amendment
the act charged against them they knew its 5-2-4. Class A Crimes -
wrongfulness; Amendment
(3) Persons who committed the act 5-2-5. Serving Jail Time In Lieu Of
charged while under the involuntary Payment Of Fine
subjection to the power of superiors;
(4) Persons who, at the time of committing 5-2-1. CLASS D CRIMES. A Class D Crime
the act charged against them, were mentally carries a maximum penalty of a fine not to
ill. exceed One Hundred Dollars ($100.00) and
court costs.
5-1-2. AIDING, ABETTING, ADVISING,
OR ASSISTING CRIMINAL CONDUCT- 5-2-2. CLASS C CRIMES. A Class C Crime
CHARGED AND PUNISHED AS carries a maximum penalty of a fine not to
PRINCIPAL. Any person, who, with the exceed Five Hundred Dollars ($500.00) and
intent to promote or facilitate the commission court costs.
of a crime, aids, abets, advises, or assists
another person in the planning or 5-2-3. CLASS B CRIMES. A Class B Crime
commission of a crime, is chargeable and carries a maximum penalty of a fine not to
exceed Five Hundred Dollars (500.00) and
punishable as a principal to the crime
court costs or a jail term not to exceed six (6)
committed. months or both fine, court costs, and jail
term.
5-1-3. ACCESSORIES TO CRIME. A
person is an accessory to a Class A crime, if, 5-2-4. CLASS A CRIMES. A Class A crime
with the intent to hinder, delay, or prevent carries a maximum penalty of a fine not to
the discovery, detection, apprehension, exceed Five Thousand Dollars ($5000.00)
prosecution, conviction, or punishment of and court costs or jail term not to exceed one
another for the commission of a Class A (1) year or both the fine, court costs, and jail
crime, he renders assistance to the other term.
person. There are no accessories to
Class B crimes or Class C crimes. 5-2-5. SERVING JAIL TIME IN LIEU OF
The term “render assistance” means to: PAYMENT OF FINE. In the event that a fine
(1) Harbor or conceal the other person; is imposed by the court and the defendant is
(2) Provide the other person with money, unable or unwilling to pay the fine, the court
transportation, a weapon, a disguise, or any may order the same to be served out in jail at
other thing to be used in avoiding discovery the rate of Twenty Dollars ($20.00) per day.
or apprehension, including information as to In addition, if the defendant is willing to work

65
during the period of incarceration either 5-4-1. CONDUCT FORCED OR UNDER
while serving out a fine or serving out a jail THREAT OF FORCE. A person may not be
sentence, the court may in its discretion
convicted of a crime where he engaged in
grant additional credit against the jail term or
conduct which would otherwise be criminal
fine for the work performed by the defendant
because of the use or threatened use of
during the period of incarceration.
unlawful force upon him or upon another
person, which force or threatened use
CHAPTER 3 – ATTEMPTS TO thereof a reasonable person in his situation
COMMIT CRIME would have been unable to resist.

5-3-1. Attempt Defined-Punishment 5-4-2. VOLUNTARY INTOXICATION. No
5-3-2. Defenses Not Available For act committed by a person while in a state of
Charge Of Attempt voluntary intoxication shall be deemed less
criminal by reason of his having been in such
5-3-1. ATTEMPT DEFINED- condition.
PUNISHMENT. Any person who attempts to
commit a crime and in the attempt does any CHAPTER 5 – ASSAULTS AND
acts toward the commission of the crime, but RELATED CRIMES
fails or is prevented or is intercepted in the
perpetration thereof, is punishable as 5-5-1. Simple Assault
follows: 5-5-2. Aggravated Assault
(1) If the attempted crime is punishable as 5-5-3. Reasonable Force During
a Class A crime, the person guilty of such Arrest Is Not Assault
attempt is punishable by up to one-half of the 5-5-4. Reasonable Attempt To
maximum penalty, either fine or Prevent Crime Against
imprisonment, or both, as prescribed upon a Person Property Not Assault
conviction for a Class A crime; or 5-5-5. Reasonable Force Used By
(2) If the attempted crime is punishable as A Parent, Guardian, or
a Class B crime, the person guilty of such Teacher Not Assault
attempt is punishable by up to one-half of the
maximum penalty, either fine or 5-5-1. SIMPLE ASSAULT. A person is
imprisonment or both, as is prescribed for a
guilty of simple assault if he:
Class B crime; or, (1) Attempts to cause or knowingly
(3) If the attempted crime is punishable as
causes bodily injury to another; or
a Class C crime, the person guilty of such
(2) Negligently cause bodily injury to
attempt is punishable by up to one-half of the
another with a dangerous weapon; or
maximum penalty prescribed for commission
(3) Attempts by physical menace to put
of a Class C crime.
another in fear of imminent serious bodily
harm, whether or not such harm actually
5-3-2. DEFENSES NOT AVAILABLE FOR occurs.
CHARGE OF ATTEMPT. It is no defense to Simple assault is a Class B crime.
a charge of attempt that;
(a) The offense attempted was actually 5-5-2. AGGRAVATED ASSAULT. A
committed; or
person is guilty of aggravated assault if he:
(b) That in attempting unsuccessfully to
(1) Attempts to cause serious bodily injury
commit a crime, the person accused actually
to another, or causes such injury knowingly,
accomplished the commission of another and under circumstances manifesting extreme
different crime; or
indifferences to the value of human life; or
(c) The actor was legally or factually
(2) Attempts to cause or knowingly cause,
incapable of completing the crime if the
bodily injury to another with a dangerous
crime could have been committed has the
weapon; or
circumstances been as the actor believed (3) Attempts to cause, or knowingly
them to be.
causes, any bodily injury to a law
enforcement officer or judge or magistrate of
CHAPTER 4 – GENERAL OFFENSES the Rosebud Sioux Tribal Court; or other
public officer of the Rosebud Sioux Tribe,
5-4-1. Conduct Forced or Under Bureau of Indian Affairs, or Public Health
Threat Of Force Service while such public officer is engaged
5-4-2. Voluntary Intoxication in the performance of his duties; or

66
(4) Assaults another with the intent to 5-6-7. Stalking A Child Twelve or
commit serious bodily injury which results in Younger - Amendment
serious bodily injury. 5-6-8. Order Of Protection -
Aggravated Assault is a Class A crime. Amendment

5-5-3. REASONABLE FORCE DURING 5-6-1. KIDNAPPING. Any person who shall
ARREST IS NOT ASSAULT. To use or seize, confine, decoy, abduct, or carry away
any person and hold or detain such person,
attempt or offer to use reasonable force
except in case of an unmarried minor by
upon the person of another is not assault
parent thereof, for any of the following
when committed by any law enforcement
reasons is guilty of kidnapping:
officer in the course of arresting one who has
(1) To hold for ransom or reward, or as a
committed a crime and delivering him into
shield or hostage; or
custody.
(2) To facilitate commission or any crime
or flight thereafter; or
5-5-4. REASONABLE ATTEMPT T (3) To inflict bodily injury upon or to
PREVENT CRIME AGAINST PERSONAL terrorize the victim or another person; or
PROPERTY NOT ASSAULT. To use or (4) To interfere with the performance of
attempts or offer to use force or violence any Tribal, other governmental, or political
toward the person of another is not assault function.
when committed by the person about to be Kidnapping is a Class A crime.
injured, or by another person in his aid or
defense, in preventing or attempting to 5-6-2. POSSESSION OF RANSOM OR
prevent a crime against his person or
REWARD ILLEGAL. Any person who
trespass or other unlawful interference with
received, possesses, or disposes of any
real or personal property in his lawful
money or any portion of any property, which
possession, provided that the force or
has at any time been delivered as a ransom
violence used is not more than is reasonably
or reward in connection with the violation of
necessary to prevent the crime.
any statute against kidnapping, knowing the
same to be money or property which has
5-5-5. REASONABLE FORCE USED BY A been at any time delivered as such ransom or
PARENT, GUARDIAN, OR TEACHER NOT reward, is guilty of a Class A crime.
ASSAULT. To use or attempt or offer to use
force or violence toward the person of 5-6-3. CUSTODIAL INTERFERENCE. Any
another is not assault when committed by a person, whether or not he is the parent of the
parent or the authorized agent of any parent child involved, is guilty of custodial
or by any guardian, teacher, or other school interference if:
official in the exercise of a lawful authority to (1) He, knowing that he has no legal right
restrain or correct his child or ward provided of custody or visitation with said child at the
restraint or correction has been rendered time and place, takes, entices, conceals, or
necessary by the misconduct of such child or detains a child under the age of 14 years
ward or by his refusal to obey the lawful from any person having lawful custody of
command of such parent or authorized said child;
agent, guardian, teacher or other school (2) Having actual physical custody of child
official and the force or violence used is under the age of 14 years pursuant to a
reasonable in manner and moderate in judicial decree of a Court of competent
degree. jurisdiction which has granted to another
person visitation or custody rights, and
CHAPTER 6 – KIDNAPPING AND without legal cause, he detains or conceals
RELATED OFFENSES said child with the intent to deprive said
other person of lawful visitation or custody
5-6-1. Kidnapping rights; or
5-6-2. Possession of Ransom or (3) Without legal cause he takes, entices,
Reward Illegal or detains an incompetent or other person
5-6-3. Custodial Interference who has been committed by legal authority to
5-6-4. Stalking - Amendment the custody of a third person r institution
5-6-5. Harasses - Amendment from said third person or institution, knowing
5-6-6. A Credible Threat - he has no legal right to do so.
Amendment Custodial interference is a Class B
crime.

67
5-7-9. Sexual Act With An Animal
5-6-4. STALKING. Any persons willfully, Defined- Amendment
maliciously and repeatedly follows or harass 5-7-10. Provisions of 5-7-8 and 5-7-9
another person or who makes a credible Not Applicable To Accepted
threat to another person with the intent to Practices - Amendment
place that person in reasonable fear of death 5-7-11. Indecent Exposure -
or bodily injury is guilty of Stalking. Amendment
Stalking is a Class A crime. 5-7-12. State Of Mind Requirements
- Amendment
5-7-13. Sexual Exploitation Of A
5-6-5. HARASSES. For the purpose of this Minor - Amendment
chapter, “harasses” means a knowing and 5-7-14. Definitions - Amendment
willful pattern of conduct composed of a
series of acts over a period of time, however
5-7-1. AGGRAVATED SEXUAL ABUSE.
short, evidencing a continuity of purposes,
Any person who knowingly causes another
directed at a specific person which seriously
person to engage in a sexual act:
alarms, annoys, or harasses the person and
(1) By using coercion or force against that
which serves no legitimate purpose.
other person;
(2) By threatening or placing that other
5-6-6. A CREDIBLE THREAT. For the person in fear that any person will be
purposes of this chapter “a credible threat” subjected to death, serious bodily injury, or
means a threat made with the intent and the kidnapping;
apparent ability to carry out the threat. A (3) When the other person has not attained
credible threat need not be expressed the age of 12 years;
verbally.
is guilty of aggravated sexual abuse.
5-6-7. STALKING A CHILD TWELVE OR
YOUNGER. Any person who willfully, Aggravated Sexual Abuse is a Class A
maliciously and repeatedly follows or crime.
harasses a child, twelve years of age or
younger or who makes a credible threat to a
5-7-2. SEXUAL ABUSE. Any person who
child twelve years of age or younger with the
knowingly causes another person to engage
intent to place that child in reasonable fear of
in a sexual act;
death or bodily injury or to reasonably fear
for the child’s safety is guilty of Stalking. (1) When the other person is incapable
of consent;
5-6-8. ORDER OF PROTECTION. Upon (2) When the other person is incapable
the filing of a complaint under this Chapter, of consent because of intoxicant, narcotic, or
the victim shall immediately be issued an anesthetic agent or hypnosis;
Order of Protection from the actor named in (3) When the other person has attained
the complaint. the age of 12 years but has not attained the
age of 16 years and is at least four years
young than the person so engaging;
CHAPTER 7 – SEX OFFENSES
(4) If the person so engaging engages in
sexual act with a person, that the actor
5-7-1. Aggravated Sexual Abuse -
knows to be related to the actor by marriage,
Amendment
blood or adoption to include hunka or
5-7-2. Sexual Abuse - Amendment
traditional adoption ceremony, either
5-7-3. Marital Defense Precluded -
legitimately or illegitimately, as an ancestor,
Amendment
descendant, brother, sister, aunt, uncle,
5-7-4. Abusive Sexual Contact -
nephew, niece or first cousin, while such
Amendment
relationship exists;
5-7-5. Sexual Contact
Without Consent With (5) If the other person is in custody of
Person Capable Of law enforcement or detained by corrections,
Consenting - Amendment or in a hospital or other institute and the
5-7-6. Safety Zone Of Child Victim actor has custodial, supervisory, or
Of Sex Crime - Amendment disciplinary authority over him or her;
5-7-7. Threatening To Commit A (6) If the person so engaging is a
Sexual Offense - Amendment psychotherapist and the other person is the
5-7-8. Bestiality - Amendment psychotherapist’s patient, regardless of
consent by the patient;

68
person who, although capable of consenting,
is guilty of sexual abuse. has not consented to such contact.

Sexual Abuse is a Class A crime. Sexual Contact without Consent with
Person Capable of Consenting is a
5-7-3. MARITAL DEFENSE PRECLUDED. Class A Crime.
In any prosecution for aggravated sexual
abuse or sexual abuse, it is no defense that 5-7-6. SAFETY ZONE OF CHILD VICTIM
the person so engaging in the sexual act is
married to the other person. OF SEX CRIME. The court, upon the
conviction of any person of a violation of the
provisions of chapter 5-7 in which the victim
5-7-4. ABUSIVE SEXUAL CONTACT. Any
was a child or upon an adjudication of a
person who knowingly engages in or causes
juvenile as a delinquent child for a violation
sexual contact with or by another person;
of the provisions of chapter 5-7 in which the
(1) By using force against that other victim was a child, as a part of the sentence
person; or adjudication.
(2) By threatening or placing that other (1) Must order that the defendant or
person in fear that any person will subjected delinquent child not knowingly or willfully
to death, serious bodily injury, or kidnapping; come within one thousand feet of the victim;
(3) When the other person is incapable (2) Must order that the defendant or
of consent because of physical or mental delinquent child not have any contact with
incapacity; the victim, whether direct or indirect or
(4) When the other person is incapable through a third party; and
of consent because of any intoxicating, (3) May order that the defendant or
narcotic, or anesthetic agent or hypnosis; delinquent child not reside within one mile of
(5) When the other person has not the victim’s residence unless the person is
attained the age of 12 years; residing in a juvenile detention facility, jail or
(6) When the other person has attained any tribe/state/federal corrections facility.
the age of 12 years but not attained the age
of 16 years and is at least four years younger 5-7-7. THREATENING TO COMMIT A
than the person so engaging;
SEXUAL OFFENSE. Any person who
(7) If the person so engaging in a sexual
directly threatens or communicates specific
act with a person, that the actor knows to be
intent to commit sex offenses is guilty of
related to the actor by marriage, blood or
threatening to commit a sexual offense.
adoption, to include a hunka or traditional
adoption ceremony, either legitimately or
illegitimately, as an ancestor, descendant, Threatening to Commit A Sexual
brother, sister, aunt, uncle, nephew, niece or Offense is a Class B crime.
first cousin, while such relationship exists;
(8) If the other person is in custody of 5-7-8. BESTIALITY. No person, for the
law enforcement or detained by corrections, purpose of that person’s sexual gratification,
or in a hospital or other institution and the may:
actor has custodial, supervisory, or (1) Engage in a sexual act with an
disciplinary authority over him or her;
animal; or
(9) If the person so engaging is a
(2) Coerce any other person to engage
psychotherapist and the other person is the
in a sexual act with an animal; or
psychotherapist’s patient, regardless of
(3) Use any part of the person’s body or
consent by the patient;
an object to sexually stimulate an animal; or
is guilty of abusive sexual contact. (4) Videotape a person engaging in a
sexual act with an animal; or
Abusive Sexual Contact is a Class A (5) Kill or physically abuse an animal.
crime.
Bestiality is a Class B crime.
5-7-5. SEXUAL CONTACT WITHOUT
CONSENT WITH PERSON CAPABLE OF 5-7-9. SEXUAL ACT WITH AN ANIMAL
CONSENTING. No person may knowingly DEFINED. The term, sexual act with an
engage in sexual contact with another animal in 5-7-8, means any act between a
person and an animal involving direct

69
physical contact between the genitals of one Consent to performing these acts by a minor
and the mouth or anus of the other, or direct or a minor’s parent, guardian, or custodian,
physical contact between the genitals of one or mistake as to the minor’s ages is not a
and genitals of the other. A sexual act with defense to a charge of violating this section.
an animal may be proved without evidence of
penetration. Sexual Exploitation of a Minor is a
Class A crime.
5-7-10. PROVISIONS OF 5-7-8 AND 5-7-9
NOT APPLICABLE TO ACCEPTED 5-17-14. DEFINITIONS. For the purposes
PRACTICES. The provisions of 5-7-8 and 5- of this chapter, the following definitions
7-9 do not apply to or prohibit normal, apply:
ordinary, or accepted practices involved in
animal husbandry, artificial insemination, or (1) “Sexual Penetration” means;
veterinary medicine. (a) Contact involving penetration,
however slight, between the penis
5-7-11. INDECENT EXPOSURE. A person and the vulva or the penis and the
is guilty of indecent exposure if, for the anus;
purpose of arousing or gratifying the sexual (b) Contact between the mouth and the
desires of any person, they expose their penis, the mouth and the vulva, or
genitals in such a fashion that they might be the mouth and the anus; or
reasonably seen by the public. (c) The penetration, however slight, of
the anal or genital opening of
Indecent Exposure is a Class B crime. another by a hand or finger or by
any object, with an intent to abuse,
5-7-12. STATE OF MIND humiliate, harass, degrade, or
REQUIREMENTS. arouse or gratify the sexual desire
of any person.
A. In any prosecution for Aggravated
Sexual Abuse, Sexual Abuse, Abusive Sexual (2) “Sexual Act” means;
Conduct based on the other party having not (a) Sexual penetration; or
attained the age of 12 or 16, it shall not be (b) The intentional touching, not
necessary for the Tribe to prove that the through the clothing, of the
defendant had knowledge that the victim had genitalia of another person who
not attained that age. has not attained the age of 16
B. In any prosecution for Sexual Abuse years with an intent to abuse,
or Abusive Sexual Conduct based on the humiliate, harass, degrade, or
other party having attained the age of 12 arouse or gratify the sexual
years but not having attained the age of 16 desire of any person;
years, it shall be an affirmative defense, (3) “Sexual Contact” means the intentional
which the defendant must establish by a touching, either directly or through the
preponderance of the evidence, that the clothing, of the genitalia, anus, groin,
defendant reasonably believed the other breast, inner thigh, or buttocks of any
party had attained the age of 16 years. person with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the
5-7-13. SEXUAL EXPLOITATION OF A sexual desire of any person;
MINOR. A person is guilty of sexual (4) “Psychotherapist” means any physician,
exploitation of a minor if the person causes psychologist, nurse, chemical
or knowingly permits a minor to engage in an dependency counselor, social worker,
activity or the simulation of any activity, member of the clergy, a medicine man or
through any means of communication spiritual leader, as those terms are
(including but not limited to the internet, defined by the traditional laws of the
photographs, phone, instant messaging, Rosebud Sioux Tribe, marriage and
texting, etc.) that: family therapist, mental health service
provider, or other person, whether or not
licensed or certified, who performs or
(1) Involves nudity;
purports to perform psychotherapy;
(2) Is obscene; or
(5) “Psychotherapist’s patient” means any
(3) Is intended to be sexually arousing to person who seeks or obtains
the actor. psychotherapeutic services from the
psychotherapist.

70
CHAPTER 8 – CRIMES AGAINST reason alone in violation of this section. In
any prosecution under this section against a
THE FAMILY parent who is not the lawfully appointed
custodian of the minor child to be supported,
5-8-1. Bigamy it is an affirmative defense that at the time of
5-8-2. Criminal Non-Support trial, the Defendant is current with any and
5-8-3. Failure To Send Children To all child support payment obligations
School imposed by him by any Court of competent
5-8-4. Child Neglect jurisdiction.
5-8-5. Child Abuse Criminal non-support is a Class B crime.
5-8-6. Reports Of Child Abuse
Required
5-8-7. Immunity From Liability 5-8-3. FAILURE TO SEND CHIDLREN TO
From Reporting Suspected SCHOOL. Any person who being the parent,
Child Abuse guardian or other person having a child
5-8-8. Privileged Communications under the age of 18 years in his care,
Not Available In Defense Of custody or control, shall without good cause,
Child Abuse or Neglect neglect or refuse to send such child to school
Proceeding is guilty of failure to send children to school.
5-8-9. Compelling Another To Failure to send children to school is a
Marry Class C crime.

5-8-1. BIGAMY. Any person who, while 5-8-4. CHILD NEGLECT. Any person who
being married to another presently living shall, without proper cause, fail to take
person, marries any third person, is guilty of proper care of or neglect any minor child
bigamy. It is an affirmative defense to a dependant upon him, including any
charge of bigamy that: dependant child born out of wedlock, and he
(1) The actor’s spouse in the former being able to provide proper care, shall be
marriage has been absent from the Rosebud
deemed guilty of a Class A offense.
Sioux Reservation for over five successive
years without being known to be living by the
actor; or 5-8-5. CHILD ABUSE.
(2) The actor’s spouse in the former (1) Any person who shall willfully abuse
marriage has absented himself or herself any minor child, shall be deemed guilty of a
from the actor by being outside the United Class A offense.
States continuously for over five years; or (2) Any person who shall willfully abuse
(3) The actor’s previous marriage has any unborn child by excessive consumption
been pronounced void, annulled, or of alcohol or other controlled substance, said
dissolved by a Court of competent person being the mother of the unborn child,
jurisdiction. shall be deemed guilty of a Class A
Bigamy is a Class B crime. offense.

5-8-2. CRIMINAL NON-SUPPORT. Any 5-8-6. REPORTS OF CHILD ABUSE
person who intentionally fails or refused REQUIRED. Any physician, dentist,
without lawful excuse to furnish necessary chiropractor, doctor of osteopath,
good, clothing, shelter, medical attention, or optometrist, psychologist, social worker, law
other remedial care or means of support for enforcement officer, teacher, school
his spouse or minor child under the age of employee or official, nurse, employee of
18, is guilty of criminal non-support. As used Public Health Service, licensed or registered
in this section, the word “child” includes any child welfare provider, or other person
child born out of wedlock whose paternity having reasonable cause to suspect that a
has been admitted by the actor or has been child under the age of 18 years examined by
otherwise acknowledged or established in a such person either for care or treatment, or
civil proceeding. It is no defense in a having observed said child in the course of
prosecution under this section that the ordinary and usual contact with said child,
spouse or minor child to be supported has been abused or neglected, or has been
received necessary support from any source injured by other than accidental means by
other than the Defendant. A parent who any person including a parent or other
chooses medical treatment for his minor person responsible for such child’s care,
child by spiritual means alone in lieu of shall report or cause reports to be made
traditional medical attention is not for that orally and immediately by telephone or

71
otherwise to the Tribal Prosecutor of the 5-9-6. Giving Venereal Disease To
Rosebud Sioux Tribe or to the South Dakota Another
or BIA Department of Social Services, or to
the Tribal or BIA Police or the State’s 5-9-1. PROSTITUTION.
Attorney or County Sheriff of the county in (1) Is an inmate or resident of a house of
which the child resides, if the child resides prostitution or otherwise engages in sexual
outside the Rosebud Sioux Reservation. penetration for a fee; or
Such person shall additionally file written (2) Loiters in or within view of public place
reports under oath if requested to do so by for the purpose of being hired to engage in
the agency to which the suspected abuse sexual penetration;
has been reported. Failure to comply with (3) Engages in or offers or agrees to
this section constitutes the offense of failing engage in any sexual penetration with
to report suspected child abuse. another person for a fee; is guilty of
Failing to report suspected child abuse penetration.
is a Class B crime. Prostitution is a Class B crime.

5-8-7. IMMUNITY FOR LIABILITY FROM 5-9-2. PIMPING.
REPORTING SUSPECTED CHILD ABUSE. (1) Solicits another person to patronize a
Any person who in good faith makes a report prostitute; or
of suspected child abuse pursuant to Section (2) Procures or attempts to procure a
5-8-6 above shall have immunity from any prostitute for another; or
liability, civil or criminal, that might otherwise (3) Transports a person into the Rosebud
be incurred or imposed, and shall have the Reservation to promote that person’s
immunity with respect to participation in any engaging in prostitution or procure or pays
judicial proceeding resulting from such for said transportation; or
report. (4) Owns, controls, manages, supervises,
or otherwise keeps alone or in association
5-8-8. PRIVILEGED COMMUNICATIONS with another, a house of prostitution or a
prostitution business, or leases or otherwise
NOT AVAILABLE IN DEFENSE OF CHILD permits a place under his control to be used
ABUSE OR NEGLECT PROCEEDING. The for prostitution or the promotion of
following evidentiary privileges are not prostitution by others; or
available and may not be claimed in any (5) Solicits, receives, or agrees to receive
judicial proceeding involving child abuse or any benefit for doing or agreeing to do
neglect or resulting from the giving of any anything forbidden by this section; is guilty of
report concerning a child’s injury or neglect pimping.
or the cause thereof pursuant to section 5-8- Pimping is a Class A crime.
7 above, namely;
(1) Physician-patient privilege,
5-9-3. PROCURING, PROMOTING, OR
(2) Communications between husbands
and wives, or PATRONIZING PROSTITUTION. Any
(3) Communications between teachers person who:
and students (1) Encourages, induces, procures or
otherwise purposely causes another to
5-8-9. COMPELLING ANOTHER TO become or remain a prostitute; or
(2) Promotes prostitution of a minor; or
MARRY. Any person, who by force, menace, (3) Promotes prostitution of his spouse,
or duress compels another to marry, is child, ward or any person for whose care,
guilty of a Class B crime. protection or support he is responsible; or
(4) Pays or offers to pay another person a
CHAPTER 9 – PROSTITUTION AND fee for the purpose of engaging in sexual
penetration; or
RELATED OFFENSES (5) Enters or remains in a house of
prostitution for the purpose of engaging in
5-9-1. Prostitution sexual penetration;
5-9-2. Pimping is guilty of a Class A crime.
5-9-3. Procuring, Promoting, or
Patronizing Prostitution 5-9-4. DEFINITIONS. The term sexual
5-9-4. Definitions
penetration shall have the same meaning as
5-9-5. Husband-Wife Privilege
is used in section 5-7-2 of this Code. A house
of prostitution is any place where sexual

72
penetration or promotion of sexual burglary, kidnapping, or theft, is guilty of
penetration is regularly carried on by one or felony murder.
more persons for a fee, under the control, Felony murder is a Class A crime.
management, or supervision of another. On
the issue of whether a place is house of 5-10-3. MANSLAUGHTER. Any person
prostitution, the following shall be admissible
who, without a design to affect death:
into evidence, namely its general reputation, (1) Kills another human being while
the reputation of the persons who reside in
engaged in the commission of any crime
or frequent the place, and the frequency,
other than those mentioned in section 5-10-2
timing or duration of visits by non-residents.
above; or
(2) Kills another human being in a heat of
5-9-5. HUSBAND-WIFE PRIVILEGE NOT passion; or
AVAILABLE. The husband and wife (3) Kills another human being by means of
evidentiary privilege may not claim by any a dangerous weapon; or
person who is a witness during the (4) Kills another human being by any act
prosecution under this chapter. imminently dangerous to others and evincing
a disregard of human life; or
5-9-6. GIVING VENEREAL DISEASE TO (5) Kills another human being by the use
ANOTHER. Any person who, knowing or of excessive force or more force than was
reasonably necessary, either while resisting
having reason to believe he is infected with a
an attempt by the deceased to commit a
venereal disease, shall infect another with
crime, or after such attempt shall have failed;
said venereal disease is guilty of spreading
is guilty of manslaughter.
venereal disease.
Manslaughter is a Class A crime.
Spreading venereal disease to another
is a Class C crime.
5-10-4. VEHICLE HOMICIDE. Any person
The Rosebud Sioux Tribal Court shall, upon
who, while under the influence of an
conviction, have the power to order the
alcoholic beverage, intoxicating liquor, a
medical examination and treatment of the
controlled substance, or any other drug or
convicted person and may also order and
substances, causes the death of another
compel the convicted person to disclose
human being by the operation of a motor
confidentially to the appropriate medical
vehicle in a reckless, negligent, or careless
authorities the identities of other person who
manner, is guilty of vehicle homicide. For the
may have been exposed by the convicted
purpose of this section, a motor vehicle is
person.
any self-propelled vehicle and includes, but
is not limited to any automobile, truck, van,
CHAPTER 10 - HOMOCIDE motorcycle, train, engine, watercraft,
aircraft, or snowmobile.
5-10-1. Murder By Premeditated Vehicle homicide is a Class A crime.
Design
5-10-2. Felony Murder
5-10-6. JUSTIFIABLE HOMICIDE.
5-10-3. Manslaughter
5-10-4. Vehicle Homicide Homicide is justifiable when committed by
5-10-5. Justifiable Homicide law enforcement officers and by those
5-10-6. Referral To Justice persons acting by their command and in their
Department aid and assistance, when necessarily
committed in overcoming actual resistance
to the execution of some legal process, or to
5-10-1. MURDER BY PREMEDITATED
the discharge of any legal duty, or when
DESIGN. Any person who kills another necessarily committed in retaking felons who
human being without the authority of law and have escaped, or when necessarily
with a premeditated design to affect the committed in arresting felons fleeing from
death of the person killed or of any other arrest.
human being, is guilty of murder.
Murder is premeditated design is a 5-10-7. REFERRAL TO JUSTICE
Class A crime. DEPARTMENT. No prosecution can be
made under this Homicide Chapter unless
5-10-2. FELONY MURDER. Any person the case has been submitted to the United
who kills another human being while States Attorney or other appropriate federal
engaged in the perpetration of, or attempt to official and the case has been declined for
perpetrate, any arson, rape, robbery, prosecution.

73
The word “firearm silencer” means any
CHAPTER 11 – CRIMES RELATED instrument, attachment, weapon, or
appliance for causing the firing of any gun,
TO WEAPONS revolver, pistol, or other firearm to be silent,
or intended to lessen or muffle the noise of
5-11-1. Definitions the firing of any such weapon. The word
5-11-2. Controlled Weapon “machine gun” means any firearm that
5-11-3. Exceptions To Controlled automatically discharges two or more
Weapons Statute cartridges by a single function of the firing
5-11-4. Discharge Of A Weapon In A device, or is capable of being modified to
Public Place function as a machine gun. The word “short
5-11-5. Carrying A Concealed shotgun” means a shotgun having a barrel
Weapon less than 18 inches long or an overall length
5-11-6. Possession Of Firearm By of less than 26 inches. The word “short rifle”
Felon means a rifle having a barrel less than 16
5-11-7. Possession Of Firearm or inches long or an overall length of less than
Dangerous Weapon While 26 inches.
Intoxicated
5-11-8. Possession Of Firearm By A 5-11-3. EXCEPTIONS TO CONTROLLED
Minor
5-11-9. Antique Firearms Exempt WEAPONS STATUTE. The following
5-11-10. Firearms Permits persons may lawfully possess a controlled
5-11-11. Forfeiture Of Weapons or weapon within the Rosebud Reservation,
Firearms namely:
(1) A person who holds a valid federal
5-11-1. DEFINITIONS. The word “firearm” license issued pursuant to law for such
weapon or has registered such weapon with
means any person from which a projectile or
the proper federal authorities pursuant to
projectiles may be discharged by
law; or
gunpowder. The word “gunpowder” includes
(2) A person who is a law enforcement
any propellant that upon oxidation emits heat
officer or member of the Armed Forces of the
and light and is commonly used in firearm
United States acting in the lawful discharge
cartridges. The word “dangerous weapon”
of his duties; or
means any firearm, knife, or device,
(3) A person who possesses a controlling
instrument, material, or substance, whether
weapon briefly after having found it or taken
animate or inanimate, which is calculated or
it from an aggressor and is the process of
designed to inflict death or serious bodily
delivering it to law enforcement officers.
harm, or by the manner in which it is used is
likely to inflict death or serious bodily harm.
The word “antique firearm” means any 5-11-4. DISCHARGE OF A WEAPON IN A
firearm, including any firearm with a PUBLIC PLACE. Any person who willfully
matchlock, flintlock, percussion cap, or discharges any firearm, air gun, bow and
similar type of ignition system, manufactured arrow, or other weapon, in any public place,
in or before the year 1898 or any replica of or in any place where there is any person
such firearm, if such replica has not been likely to be endangered thereby, although no
designed or redesigned for using rim fire or injury to any person results, is guilty of
conventional center fire fixed ammunition, or discharge of a weapon in a public place.
uses rim fire or conventional center fire fixed Discharge of a weapon in public place
ammunition which is no longer manufactured is a Class A crime.
in the United States and which is not readily
available in the ordinary channels of
5-11-5. CARRYING A CONCEALED
commercial trade, or any other firearm which
has been permanently altered so that it is WEAPON. Any person, other than a law
incapable of being discharged. enforcement officer engaged in the
discharge of his duties, who carries, loaded
5-11-2. CONTROLLED WEAPON. Any or unloaded, concealed about his person,
person who knowingly possesses a any firearm or other dangerous weapon
without an appropriate Tribal license, shall
controlled weapon is guilty of a Class A
be guilty of the crime of carrying a concealed
crime. weapon.
As used in this Section, the word “controlled Carrying a concealed weapon is a Class
weapon” includes a firearm silencer,
B crime.
machine gun, short shotgun, or short rifle.

74
5-11-6. POSSESSION OF FIREARM BY head of the Tribal police force, may issue a
FELON. Any person who has been license to a person to carry a pistol
concealed on or about his person on the
convicted in the Courts of the United States
Reservation for a period of not more than 2
or any state thereof of a felony or has been
years from the date of issue, if it appears that
convicted in the Courts of the Rosebud Sioux
the applicant has good reason to fear an
Tribe of any Class A crime who has in his
injury to his person or his property, or has
possession or under his control a firearm is some other proper reason for carrying a
guilty of Class A crime. This Section shall pistol and that he is a suitable person to be
not apply to any person who has been so licensed and is not disqualified pursuant
discharged from prison, jail, probation, or to section 5-11-6 of this code. The
parole for his most recent felony or Class A Treasurer’s office will maintain a record of
crime more than 5 years prior to the the written application for said license and
commission of said crime. the applicant will subscribe an oath before
the Treasurer that the statements made on
5-11-7. POSSESSION OF FIREARM OR the application are true. The fee for issuing
DANGEROUS WEAPON WHILE such license shall be $25.00.
INTOXICATED. Any person who, being
under the influence of an alcoholic beverage 5-11-11. FORFEITURE OF WEAPONS OR
or controlled substance or drug or FIREARMS. Any controlled weapon or
medication or any other substance whatever, firearm or other dangerous weapon used or
who has in his possession or under his possessed in violation of the provisions of
custody or control any firearm or other this chapter shall be forfeited to the Tribe to
dangerous weapon is guilty of possession of be destroyed or sold or delivered to the
a firearm while intoxicated. Possession of a Tribal police for their use or if the same was
firearm while intoxicated is a Class C stolen, returned to the lawful owner upon the
proof of ownership. The sale of any such
crime if the firearm was unloaded.
weapons shall be the responsibility of the
Possession of a firearm while intoxicated is a head of the Tribal police who shall remit the
Class B crime if the firearm was loaded. proceeds of any such sale promptly to the
Possession of any other dangerous Tribal Treasurer’s office to be deposited in
weapon while intoxicated is a Class B the general fund. The Tribal Treasurer in
addition shall, upon receipt of the funds or
crime.
upon any notification from Tribal law
enforcement officer, cancel any weapons
5-11-8. POSSESSION OF FIREARM BY A permit that was issued on said weapon.
MINOR. No person under the age of 16
years may possess or own a firearm without CHAPTER 12 – DESTRUCTIVE
the consent of his parent or guardian and the
appropriate license issued by the Rosebud
DEVICES
Sioux Tribe.
5-12-1. Destructive Device Defined
A violation of this Section is a Class B
5-12-2. Placing Destructive Device
crime. In Vehicle
5-12-3. Possession of Destructive
5-11-9. ANTIQUE FIREARMS EXEMPT. Device With Intent to Injure
The restrictions of this chapter shall not
apply to antique firearms. 5-12-1. DESTRUCTIVE DEVICE
DEFINED. For the purposes of this Section,
5-11-10. FIREARMS PERMITS. The a “destructive device” is any box, package,
Treasurer of the Tribe with the approval of contrivance, bomb, or apparatus containing
the director of the Department of Natural or arranged with an explosive, acid, or
Resources of the Rosebud Sioux Tribe and poisonous or inflammable, substance,
the head of the Tribal police may issue chemical or compound, or other dangerous
permits to persons under the age of 16 but of or harmful weapon or thing, constructed,
the age of at least 12 years to carry firearms contrived, or arranged so as to explode,
for hunting purposes only. The fee for the ignite, or throw forth its contents, or strike
issuance of said permit shall be $5. Said with any of its parts, unexpectedly when
permit shall be effective through age 15. The moved, handled, or opened, or after the
Tribal Treasurer’ office, with the approval of passage of time or under a condition or in a
the Chief Judge of the Tribal Court and the

75
manner calculated to endanger health, life, Vandalism is a Class B crime if the
limb, or property. damage inflicted is $100 but $500 or
less.
5-12-2. PLACING DESTRUCTIVE
Vandalism is a Class A crime if the
DEVICE IN VEHICLE. Any person who with
intent to injure or to threaten to injure any damage is inflicted is more than $500.
person or property places or causes to be
placed a destructive device on any motor CHAPTER 14 – ESCAPE AND
vehicle, aircraft, watercraft, railroad, or RELATED CRIMES
common carrier or on or about the property
of another or in any place where another
person is likely to be injured thereby, without 5-14-1. Escape
lawful authority is guilty of a Class A 5-14-2. Aiding an Escape
5-14-3. Providing Contraband
crime.
5-14-1. ESCAPE. Any person who without
5-12.3 POSSESSION OF DESTRUCTIVE lawful permission removes himself from
DEVICE WITH INTENT TO INJURE. Any custody, or fails to return to custody
person who has in his possession any following temporary leave granted for a
destructive device with intent to injure, specific purpose or limited period is guilty of
intimidate or terrify any person, or with the escape. The word “custody” means arrest,
intent to injure or destroy any property detention in any facility for custody of
without lawful authority is guilty of a Class persons under charge or conviction of crime,
A crime. or any other detention for law enforcement
purposes; but “custody” does not include
supervision under probation or parole, or
CHAPTER 13 – VANDALISM AND limitations incident to release on bail.
RELATED CRIMES Escape is a Class B crime.
If any person convicted under this section is
5-13-1. Vandalism under sentence of imprisonment, his
sentence on conviction for escape shall
5-13-1. VANDALISM. Any person who, commence following the expiration of the
intentionally: term of the last sentence of his
(1) Injures, defaces, damages, or destroys imprisonment.
private property in which any other person
has an interest without the consent of such 5-14-2. AIDING AN ESCAPE. Any person
other person; or who:
(2) Damages, defaces, injures, or (1) Aids another person to escape from
destroys Tribal or other public property custody; or
without the lawful consent of the appropriate (2) Knowingly provides a person in
governing body having jurisdiction thereof; custody with anything which may facilitate
(3) Causes or threatens a substantial such person’s escape; or
interruption or impairment of any public (3) While in custody, knowingly procures,
utility service, including but not limited to makes, or possesses anything which may
transportation, water supply, gas, power or facilitate another’s escape;
other utility services; or is guilty of aiding and escape.
(4) Causes a substantial interruption or Aiding an escape is a Class B crime.
impairment in mass communication service
or police, fire, or other public service
5-14-3. PROVIDING CONTRABAND. Any
communications or amateur or citizen’s band
radio communications being used for public person who knowingly provides another
service or emergency communications; or person in custody with alcoholic beverages,
drugs, controlled substances, weapons,
(5) Deposits, throws, or propels any
substance upon any highway, roadway, firearms, any implement to aid an escape, or
runway, or railroad track, or at any vehicle any other thing or substance which the actor
while such vehicle is either in motion or knows the detainee cannot lawfully possess
stationary; under the terms of the detainee’s custody;
is guilty of providing contraband.
is guilty of vandalism.
Vandalism is a Class C crime if the Providing contraband is a Class B
damage inflicted is $100 or less. crime.

76
CHAPTER 15 – DOG CONTROL AND 5-15-36. Harassment, Organized
fights, or Deliberate
RELATED CRIMES Injury/Death of Another
Animal - Amendment
5-15-1. Cruelty To Animals 5-15-37. Liability For Dog Bites -
5-15-2. Definitions - Amendment Amendment
5-15-3. Office Designated - 5-15-38. Lawful Presence On
Amendment Property Where Animal
5-15-4. Licensing Of Dogs and Cats Resides Defined -
Required - Amendment Amendment
5-15-5. Licensing Requires 5-15-39. Provocations As Defense -
Vaccination Certification - Amendment
Amendment 5-15-40. Exotic, Wildlife and
5-15-6. Exceptions - Amendment Endangered Species -
5-15-7. Display Of Tags - Amendment
Amendment 5-15-41. Animal Shelter - Amendment
5-15-8. At Large Prohibited - 5-15-42. Removal Of Animals From
Amendment Animal Shelter - Amendment
5-15-9. Duplicate Tags - Amendment 5-15-43. Removal Of Bite Animals
5-15-10. Failure To Obtain or Display From Quarantine –
License - Amendment Amendment
5-15-11. Licensing Fees and Fines - 5-15-44. Disposition of Impounded
Amendment Licensed Animals -
5-15-12. Transferability - Amendment Amendment
5-15-13. License Renewal - 5-15-45. Impoundment Fee –
Amendment Amendment
5-15-14. Permits - Amendment 5-15-46. Unwanted Animals -
5-15-15. Change In Ownership - Amendment
Amendment 5-15-47. Interference With The
5-15-16. Permit Fees - Amendment Licensing Authority or Its
5-15-17. Failure To Obtain Permit - Authorized Representatives
Amendment - Amendment
5-15-18. All Facilities - Amendment 5-15-48. Penalty For Violation -
5-15-19. Rabies Control - Amendment Amendment
5-15-20. Vaccinations - Amendment
5-15-21. Rabies Tag - Amendment 5-15-1. CRUELTY TO ANIMALS. Any
5-15-22. Duplicate Tags - Amendment
person who intentionally:
5-15-23. Designation Of Qualified
(1) Tortures or seriously overworks an
Persons - Amendment
animal; or
5-15-24. Proof - Amendment
(2) Fails to provide necessary food, care,
5-15-25. Duty To Report -
or shelter for an animal in his custody or
Amendment
control; or
5-15-26. Quarantine Of Animals -
(3) Abandons an animal in his custody; or
Amendment
(4) Transports or confines an animal in a
5-15-27. Becoming Sick In
cruel manner; or
Quarantine - Amendment
(5) Kills, injures, or administers a poison
5-15-28. Removal Of Animals Of
to an animal without legal privilege to do so;
Quarantine - Amendment
or
5-15-29. Disposition Of Rabid
(6) Causes one animal to fight with
Animals - Amendment
another; is guilty of cruelty of animals.
5-15-30. Liability For Damages -
It is a defense to prosecutor under this
Amendment
section that the conduct of the actor towards
5-15-31. Disposition Of Animal
the animal involved was an accepted
Injuring Livestock -
veterinary practice, or directly related to a
Amendment
bona fide experiment for scientific research,
5-15-32. Nuisance - Amendment
and that the animal being destroyed was
5-15-33. Restraint Of Animals -
destroyed in a manner no more cruel than
Amendment
necessary to accomplish the scientific
5-15-34. Animals In Heat -
research involved.
Amendment
5-15-35. Vicious Animals - Cruelty to animals is a Class B crime.
Amendment

77
5-15-2. DEFINITIONS. For use in this (c) Attacks other animals or
Ordinance the following terms are defined: harassment and threat of livestock
(1) Abandonment of animals…any owner (d) Damages private or public property
or who leaves an animal or animals off the (e) Trespasses on school grounds
premises without provision for care or endangering children
control by owners or another person. (f) Is vicious, dangerous or ferocious
(2) Animal…means dogs, cats and every (g) Sick with or liable to communicate
other animal being other than human, not to rabies or other contagious or infectious
include birds. disease
(3) At heel…means under the voice (h) Is female and in heat
control and within fifteen feet of the owner or (i) Habitually, constantly, or frequently
person in custody of the animal. disturbs the sleep, peace and quiet of any
(4) At large…means any licensed or neighborhood or person.
animal found off the premises of its owner (13) Owner…means any person or
and not under the control of a person, persons, firm, association, or corporation, or
restrained within a vehicle, housed in a parent of a child owning, keeping, sheltering
veterinary hospital, kennel or shelter or at or harboring an animal.
the heel beside a person and obedient to that (14) Pet…shall mean any animal kept for
persons command. pleasure rather than utility.
(5) Cat…means both male and female (15) Rabies vaccination…means the
animals of the cat family (Felis Catus) injection intramuscularly of antirabic vaccine
whether neutered or not. received from a licensed veterinarian or at a
(6) Dangerous animal…means and public clinic which may be established for
includes any animal which is not naturally this purpose.
tamed or gentle; or which is of a wild nature (16) Stray…shall mean any dog, cat or
or disposition; or which is capable of killing animal not having a known owner.
or inflicting serious injury upon human (17) Vicious Dog…any dog that
beings and having known tendencies, constitutes a physical threat to human
individually or as a species. To do so; or beings or other animals.
which because of its size or other (18) Wild or Exotic Animal…shall mean
characteristics, would constitute a danger to any non-human primate, raccoon, skunk,
life or property if it is not kept or maintained wolf, squirrel, fox, bear, leopard, panther,
in a safe manner or in secure quarters. tiger, lion, lynx, or any other warm blooded
(7) Domestic animal…shall mean any of animal of the bovine, suidae, marsupials,
various animals, such as the horse, cow, or constrictive or poisonous snakes,
sheep, domesticated by man so as to live and amphibians, or stone fish which can normally
breed in a tame condition. be found in the wild sate or any member of
(8) Dart…means the process whereby a the crocodilian including, but not limited to,
drug of a sedative nature is delivered to and alligators, crocodiles, caimans’ and gavial.
injected into an animal by means of a Non-poisonous snakes, rabbits, guinea pigs,
projectile shot from a rifle or gun for the laboratory rats, mice, gerbils, and hamsters,
purpose of subduing or rendering an animal which have never lived in the wild state, shall
unconscious for capture. be excluded from this definition.
(9) Dog…means both male and female (19) RST…shall refer to the Rosebud
animals of the canine species whether Sioux Tribe.
neutered or not.
(10) Harboring…the occupant of any 5-15-3. OFFICE DESIGNATED.
premises on which an animal is kept or to (1) The Animal Control Program, under
which customarily returns daily food and the RST Health Department, is designated as
care, is presumed to be harboring or keeping the official agent for the Rosebud Sioux Tribe
the animal within the meaning of this for the purpose of enforcement of this
ordinance. Ordinance. The Health Department
(11) Neutered…refers to a surgical (Licensing Authority) will be responsible for
procedure that has been performed on a dog issuing animal licenses, and collecting fees
or a cat that renders it incapable of siring or therefore pursuant to the provisions of this
bearing offspring. Ordinance.
(12) Nuisance animal…any dog that is (2) The Animal Control Officer shall have
repeatedly at large and: the authority to enter into agreements with
(a) Molests passerby’s or passing third parties for capture, transport,
vehicles impoundment and disposition of any animal
(b) Causes a threat to vehicle traffic found within the boundaries of the Rosebud

78
Reservation, and for other purposes relating
to the enforcement of this ordinance. 5-15-8. AT LARGE PROHIBITED. The
(3) The Animal Control Officer will be owner of an animal shall at all times have the
cross deputized through Tribal Law animal confined or restrained, to prevent it
Enforcement and Game Fish and Parks from running at large.
(Natural Resources)
5-15-9. DUPLICATE TAGS. In the event of
5-15-4. LICENSING OF DOGS AND CATS loss or destruction of the original license tag
REQUIRED. Any person owning, keeping, the owner of the animal shall obtain a
harboring, maintaining, or having custody of duplicate tag by paying a fee of three ($3)
any animal within the boundaries of the dollars from the licensing authority. The
Rosebud Reservation must obtain from the Licensing Authority shall enter in the license
Tribal Health Department a license as herein record the new number assigned.
provided. All licenses shall expire on
February 28, of each year and the full amount 5-15-10. FAILURE TO OBTAIN OR
for required license shall be paid for any DISPLAY LICENSE. Any person who fails
fraction of the licensing year. Upon
to obtain or to display the license tags shall
collection of the license fee by the Licensing
be required to pay a fine as set by the
Authority, a dated receipt shall be issued
Licensing Authority.
indicating the name and address of the
owner, description of the animal, the
appropriate fee amount, license number, 5-15-11. LICENSING FEES AND FINES.
year and location of issuing office. The fee Fees for licenses, duplicate tags and
shall be $5.00 per year or fraction thereof. licensing times shall be issued by the
Licensing Authority, and Public Notice of
fees and fines shall be published in the local
5-15-5. LICENSING REQUIRES
paper and posted and by public display on
VACCINATION CERTIFICATION. posters, in frequently visited places. The
(1) The Tribal Health Department shall fees and fines described within, shall be in
issue a Certification of Registration for each effect for year at which time they may be
dog or cat within the Rosebud Reservation changed with approval of the Tribal Council.
provided that the owner exhibit proof that the All changes in fees must give the public 30
dog or cat described in the registration days notice before taking affect.
application is up to date on its rabies
vaccination and provided further that the 5-15-12. TRANSFERABILITY. Animal
owner shall pay to the Health Department a
licenses are not transferable. Any person
registration fee of five ($5) dollars for each
attaching a license or rabies tag to any other
dog and cat.
than the animal for which such tag was
(2) Within thirty days after March 1, or
originally issued shall be required to pay a
within thirty days after the dog or cat
fine set by the Licensing Authority.
reaches six (6) months of age, or is under six
(6) months of age and is no longer with its
mother, every owner of such dog or cat shall 5-15-13. LICENSE RENEWAL. Licenses
procure a tribal animal license, under the must be renewed each year, regardless of
provisions stated above. date of issue. All licenses shall expire on
February 28, and will be valid until February
28, of the following year. Registration fees
5-15-6. EXCEPTION. This code applies
shall be paid at the time of license renewal.
reservation wide with no exceptions.
5-15-14. PERMITS. No person,
5-15-7. DISPLAY OF TAGS. The tag
partnership, or corporation shall operate a
received at the time the animal is vaccinated
commercial animal establishment or animal
against rabies along with the license tag
shelter within the Rosebud Reservation
shall be attached to a collar, harness or
boundaries or without first obtaining a permit
other device and shall be worn by the
in compliance with this section and with all
licensed animal at all times, and shall not be
other licensing laws of the Rosebud
removed from any animal by an unauthorized
Reservation. All permits shall expire on
person. The original license receipt and
February 28, of each year and all fees shall
rabies vaccination certificate shall be
be pro-rated for any fraction of the licensing
retained by the owner or harborer for
year. Upon collection of payment for the
inspection by any person charged with the permit by the Licensing Authority a dated
enforcement of this Ordinance.
receipt shall be issued indicating the name

79
and address of the owner of the commercial whose vaccination expires during the
animal establishment and the appropriate licensing year will be vaccinated prior to
fee. license renewal. Failure to have animals
vaccinated will result in a fine as set by the
5-15-15. CHANGE IN OWNERSHIP. If Licensing Authority.
there is a change in the ownership of any (2) A current certificate of immunization
current commercial establishment, the new or rabies signed by a licensed veterinarian or
owner may have the current license other designated agent shall hereafter be
transferred to their name upon payment of a required for all dogs and cats within the
transfer fee, as established by the Licensing limits of the Rosebud Reservation, and a
Authority. copy of the certificate shall be presented by
the owner or his agent to the Rosebud Sioux
5-15-16. PERMIT FEES. Permits for Tribe’s Licensing Authority, for filing. The
certificate must contain the following
animals in a commercial establishment may
information.
be licensed in group depending on size of
(a) The name, address and telephone
group, providing each animal within the
number of the owner;
group can prove current rabies vaccination
(b) The type of vaccine used,
certifications, group license shall be issued
manufacturer, and serial or lot number;
upon payment of the applicable fee to be set
(c) The date the vaccination expires in
by the Licensing Authority.
the dog or cat or harborer of the inoculated
animal;
5-15-17. FAILURE TO OBTAIN PERMIT. (d) The date of inoculation;
Any person who fails to obtain a business (e) The year and serial number of the
license, animal permit before opening any rabies tag; and
facility covered by this section shall be (f) The breed, age, color, and sex of the
subject to, and pay a fine as set by the inoculated animal.
Licensing Authority.
5-15-21. RABIES TAG. Concurrent with
5-15-18. ALL FACILITIES. All facilities the issuance and delivery of the certificate of
covered by this section shall be operated in a vaccination referred to, the owner of the
safe and sanitary manner. Humane animal shall attach to the collar or harness of
treatment of animals, as covered under this the vaccinated animal a metal tag serially
Ordinance is required. Penalty for violation numbered and bearing the year of issuance,
of this subsection shall be a fine set by the as comes with the vaccination.
Licensing Authority and/or revocation of all
permits, and possible impoundment of
5-15-22. DUPLICATE TAGS. In the event
animals within the facility, dependant on the
of loss or destruction of original tag, the
severity of the in-humane treatment found
owner of the animal shall obtain a duplicate
during inspections or reports of cruelty.
tag from the Licensing Authority for a fee set
by the Licensing Authority.
5-15-19. RABIES CONTROL. The
Rosebud Reservation is a rural and
5-15-23. DESIGNATION OF QUALIFIED
sometimes frontier area with pets frequently
coming in contact with wild animals and PERSONS. All veterinarians who are duly
interacting with other dogs, therefore this registered and licensed to practice
section is specific to the control of the veterinary medicine in the United States are
communicable disease rabies. hereby designated as authorized to
vaccinate animals against rabies and to
5-15-20. VACCINATIONS. execute certificates of vaccinations as
provided by law. Also health advisors, who
(1) Every person owning or harboring a
have received specialized training in
dog and cat three (3) months of age or older
vaccinating animals against rabies, are
for five (5) or more days shall have such
authorized to vaccinate animals.
animals vaccinated against rabies with an
approved vaccine by a licensed veterinarian
or by persons authorized by the Licensing 5-15-24. PROOF. It shall be unlawful for
Authority. This vaccine shall be listed as an any person who owns or harbors, any dog or
approved vaccine in the most recent cat or other animal to fail or refuse to exhibit
Compendium of Animal Rabies Vaccine a copy of the certificate of vaccination upon
prepared by the National Association of demand to any person charged with the
State Public Health Veterinarians, Inc. Dogs enforcement of this Ordinance.

80
5-15-25. DUTY TO REPORT. When any shall be released if declared free of rabies by
person is bitten by an animal, it shall be the a licensed veterinarian. If as determined by
duty of such person or his parent or guardian the veterinarian, the dog or cat develops
and the owner or keeper of the animal to rabies during the confinement period, the
immediately notify the Licensing Authority, owner or keeper shall notify the Licensing
IHS Office of Environmental Health (OEH), or Authority and it shall be humanely killed and
the Rosebud Sioux Tribe Law Enforcement of properly disposed of.
the incident.
5-15-30. LIABILITY FOR DAMAGE. If a
5-15-26. QUARANTINE OF ANIMALS. dog shall kill or injure any livestock, the
Any animal which has bitten a person shall owner or keeper of such animal shall be
be observed for a period of 10 days from the liable for all damages that may be sustained
date of the bite. The procedure and place of thereby, to be recovered by the party so
observation shall be designated by the injured; provided that the livestock is within
representative of the Licensing Authority. If an area of authorized livestock use.
the animal is not confined on the owner’s
premises, confinement shall be in an 5-15-31. DISPOSITION OF ANIMAL
authorized Animal Shelter, or holding facility, INJURING LIVESTOCK. No person shall
or at any veterinary hospital of the owner’s keep any dog after it is known that dog is
choice and at owner’s expense. Stray liable to kill or injure livestock and it shall be
animals whose owners cannot be located the duty of the owner to kill or have killed the
shall be confined in an authorized animal dog upon order of the Licensing Authority
shelter or holding facility. The owners of any after finding that the dog has killed or injured
animal that has been reported as having livestock; provided however, that it shall be
inflicted a bite on any person shall on the right of any owner of livestock so killed or
demand produce said animal for quarantine injured by the actions of any dog or any
as prescribed in the Section. Refusal to person witnessing such actions to kill such
produce said animal constitutes a violation of animal while it is upon property controlled by
this Section and each day of such refusal the owner of the livestock. If a dog is
shall constitute a separate and individual observed attacking livestock and wildlife
violation. (game animals, individuals authorized by the
Licensing Authority can take appropriate
5-15-27. BECOMING SICK IN actions to prevent these actions.
QUARANTINE. Any dog or cat being held in
quarantine, reviewed daily to be a 5-15-32. NUISANCE. No animal owner or
representative of the Licensing Authority keeper to harbor or maintain or permit on
develops signs and symptoms which may be any lot, parcel of land or premise under
indicative of rabies, shall be humanely killed his/her control, any dog or other animal
by the representative by the Licensing which by any sound or cry shall disturb the
Authority and its head submitted by IHS OEH peace and comfort of the inhabitants, of the
to a laboratory qualified to conduct rabies neighborhood or interfere with any person in
analysis. the reasonable and comfortable enjoyment of
life or property.
5-15-28. REMOVAL OF ANIMALS OF
QUARANTINE. No person shall remove 5-15-33. RESTRAINT OF ANIMALS. It
from any place of isolation or quarantine any shall be unlawful for any person owning or
animal which has been isolated or having charge of any animal except a
quarantined, without the written consent of domestic house cat to permit such animal to
the Licensing Authority. run at large, unless such animals is
restrained by a leash not to exceed six (6)
5-15-29. DISPOSITION OF RABID feet in length and is in charge of a person
competent to restrain such animal. Such
ANIMALS. Any dog or cat bitten by an animal may be at large on the owner’s
animal known or proven to be rabid shall be property, if contained within a secure fence
humanely killed immediately by a person that will keep the animal confined to the
authorized by the Licensing Authority, premises.
provided that any dog or cat which has been
vaccinated at leas three (3) weeks before
5-15-34. ANIMAL IN HEAT. Every female
being bitten shall be re-vaccinated against
rabies and confined for ninety days. At the dog or cat in heat shall be confined in a
building or secure enclosure in such a
end of the confinement period, the dog or cat

81
manner that such animal cannot come in and shall be unlawful for any person to keep,
contact with no other dog or cat except for harbor, or maintain or to sell native fur
planned breeding. Any person permitting a bearers, bears, exotic cats, venomous and
female dog in heat to run at large shall be constrictive snakes, any endangered
cited into Tribal Court. species, or dangerous reptiles, amphibians,
or exotic rodents, or wildlife, as pets.
5-15-35. VICIOUS ANIMALS. No person
shall keep any animal known to be vicious (by 5-15-41. ANIMAL SHELTER. An animal
breed or nature) and liable to attack and shelter shall be established for the purpose
injure a human being or other animal unless and caring for any animal impounded under
such animal(s) is securely kept so as to the provisions of this Ordinance, and such
prevent injury to any person, pet or livestock. shelter shall be constructed to facilitate
The owner of such an animal must post signs cleaning and sanitizing and shall provide
on his property warning others to beware of adequate water and lighting. The animal
the animal. Signs must be in clear view prior shelter shall be operated in a safe and
to entering the property. sanitary manner and shall meet Indian Health
Service Standards, as well as the Standards
5-15-36. HARASSMENT, ORGANIZED of the Rosebud Sioux Tribe.
FIGHTS, OR DELIBERATE
5-15-42. REMOVAL OF ANIMALS FROM
INJURY/DEATH OF ANOTHER ANIMAL.
No person shall harass or intimidate another ANIMAL SHELTER. It shall be unlawful for
person or their pet, through ownership of a any person to remove any impounded animal
vicious dog. No owner of a vicious dog shall from the Animal Shelter without consent from
allow their animal to deliberately injure or kill the Licensing Authority.
another animal. There shall be no organized
fighting of Dogs allowed within the 5-15-43. REMOVAL OF BITE ANIMALS
boundaries of the Rosebud Reservation. FROM QUARANTINE. Animals impounded
because of bites shall not be removed from
5-15-37. LIABILITY FOR DOG BITES. the pound until after ten (10) days
The owner of any dog which bites a person observation period and a release from the
when the person is in or on a public place, or Licensing Authority is secured, and payment
on the property where the owner of the of food care fee is paid.
animal resides, shall be liable for damages
suffered by the person bitten, (including 5-15-44. DISPOSITION OF IMPOUNDED
medical treatment costs) regardless of the LICENSED ANIMALS. As soon as
former lack of viciousness of the dog or the
practicable after impoundment, the Licensed
owner’s knowledge of its viciousness, and
Authority shall notify the owner, provided
including a fine of $100.00.
that a name tag including the owners name,
address, and telephone number is attached
5-15-38. LAWFUL PRESENCE ON to the dog or cat’s collar or harness. Any
PROPERTY WHERE ANIMAL RESIDES impounded animal which is licensed may be
DEFINED. Any person is lawfully in or on redeemed by the owner upon payment of an
said property within the meaning of this impoundment fee, care and feeding fee,
section when as an invitee, or guest, or when veterinary fees, and such other costs as set
in the performance of a duty or service by the Licensing Authority. If such animal, is
imposed on that person, by law, regulation, not redeemed within eight (8) days, it shall be
or consent of a family member of that deemed abandoned and the Licensing
residence. Authority may humanely destroy said animal.
As soon as practicable after impoundment,
5-15-39. PROVOCATION AS DEFENSE. the Licensing Authority shall notify the
owner, provided that a name tag including
Proof of provocation, or aggravation, (by
the owner’s name, address, and telephone
owner visualization with other witnesses,
number is attached to the dog or cat’s collar
written documentation over time, or by police
notification), of the attack by the person or harness. Any impounded animal which is
not licensed may be redeemed, upon
injured shall be a defense action for liability
payment of the payment of the license fee,
and/or damages.
impoundment fee, care and feeding fee,
veterinary charges, and presentation of
5-15-40. EXOTIC, WILDLIFE AND proof of rabies vaccination, and such other
ENDANGERED SPECIES. It is a nuisance costs as set by the Licensing Authority. If

82
such animal is not wearing its tags as Third Offense Disposal of
required by this code is not redeemed within Animal
three (3) days, it shall be deemed abandoned Animal at Large
and the Licensing Authority may humanely First Offense $50.00
destroy the animal as such. Second Offense $100.00
Third Offense $150.00
5-15-45. IMPOUNDMENT FEE. An owner Fourth Offense Disposal of
reclaiming an impounded cat shall pay a fee Animal
to be set by the Licensing Authority. Animal in Heat $30.00
Harassment, Intimidation or
5-15-46. UNWANTED ANIMALS. Organized Fights
Unwanted and for wild or untamed dogs and First Offense for
Harassment
cats can be immediately humanely destroyed
Intimidation $200.00
or put up for adoption for fees to be set by
Second Offense $300.00
the Licensing Authority.
Fighting of Vicious
Animals First Offense $500.00
5-15-47. INTERFERENCE WITH THE Per animal
LICENSING AUTHORITY OR ITS Second Offense $1,000.00 +
AUTHORIZED REPRESENTATIVES. No Disposal of
one shall interfere with, molest, harass, Animal
hinder, or prevent the Licensing Authority or Keeping of Exotic or
its authorized representatives in the Wildlife $1,000.00
discharge of their duties as herein Removal of Bite Animal $100.00
prescribed, or to violate any of the provisions Impoundment Fee $10.00
of this Ordinance. Interference with
Licensing Authority
5-15-48. PENALTY FOR VIOLATION. Representative $500.00
Unless otherwise provided in this Ordinance,
any person who violates any of the provisions CHAPTER 16 – PERJURY AND
of this Ordinance shall be fined no less than RELATED CRIMES
fifty dollars ($50.00) and not more than one
thousand dollars ($1,000.00). 5-16-1. Perjury
Recommended fees/fines for this ordinance: 5-16-2. False Alarms
Registration Fee $5.00 5-16-3. Tampering With Witnesses
Rabies Vaccination (given by Animal Control 5-16-4. Retaliation Against Witness
Officer $20.00 5-16-5. Solicitation
Duplicate Registration Tag $3.00 5-16-6. Tampering With Evidence
Failure to Display Tag $5.00 5-16-7. Tampering With Public
Transferability of Tags $50.00 Records
Permits (group rates) 5-16-8. Impersonating An Officer or
6-10 animals $50.00 Public Servant
10-25 animals $100.00 5-16-9. Definitions
over 25 animals $200.00 5-16-10. Compounding A Crime
Ownership Transfer Fee $75.00 5-16-11. Threatening or Intimidating
Failure to Obtain Permit $100.00 A Judicial Officer
Failure to Operate Safe and 5-16-12. Attempting To Influence
Sanitary Facility 5-16-13. Agreement To Give A
Per individual animal $100.00 Verdict
Plus over facility $500.00 5-16-14. Resisting Arrest
Failure to Obtain Rabies 5-16-15. Failure To Appear -
Vaccination $50.00 Amendment
Duplicate Rabies Tag $3.00
Refusal to Produce Animal
5-16-1. PERJURY. Any person who,
for Quarantine $5.00
per day for up to 10 days $50.00 having taken an oath that he will testify,
Removal of Animal from declare, depose, or certify truly before any
Quarantine $50.00 competent tribunal, officer, or person, in any
Nuisance Animal of the cases in which such an oath may by
First Offense $50.00 law be administered, intentionally and
Second Offense $100.00 contrary to such oath, states any material

83
matter he knows to be false, is guilty of (4) Absent himself from any proceeding or
perjury. investigation to which he has been legally
A false statement is material, regardless of summoned;
the admissibility of the statements under is guilty of tampering with a witness.
rules of evidence, if it could have affected the Tampering with a witness is a Class A
course or outcome of the proceeding. It is no crime.
defense that the declarant mistakenly
believed the false statement to be
immaterial. 5-16-4. RETALIATION AGAINST A
It is no defense to prosecution under this WITNESS. Any person who harms another
section that the oath or affirmation was person or property by an unlawful act in
administered or taken in an irregular manner retaliation for anything done by said other
or that the declarant was not competent to person or member of his family in a capacity
make the statement. as a witness or informant, is guilty of
No person shall be convicted of an offense retaliation against a witness.
under this section if he retracted the false Retaliation against a witness is a Class
statement in the course of the proceedings in A crime.
which it was made before it became manifest
that the falsification was or would be
5-16-5. SOLICITATION. Any person who
exposed and before the falsification
solicits, accepts, or agrees to accept any
substantially affected the proceeding.
benefit for doing any of the things prohibited
An unqualified statement of that which one
by sections 5-16-1 and 5-16-3 above is guilty
does no know or reasonably believe to be
of solicitation to tamper with a witness.
true is equivalent to a statement of that
which one knows to be false. Solicitation to tamper with a witness is
Perjury is a Class B crime. a Class A crime.

5-16-2. FALSE ALARMS. Any person who 5-16-6. TAMPERING WITH EVIDENCE.
knowingly: Any person who, believing that an official
(1) Causes a false fire alarm or alarm of proceeding or investigation is pending or
other type of emergency to be transmitted to about to be instituted:
or within any organization, official or (1) Alters, destroys, conceals, or removes
volunteer, for dealing with emergencies any record, document, or other potential
involving danger to life or property; or item of evidence with the intent to impair its
(2) Gives false information to any law accuracy or availability in such proceeding
enforcement officer with the intent to or investigation; or
implicate another crime; or (2) Makes, presents, uses or offers into
(3) Reports to law enforcement authorities evidence as genuine any record, document,
a crime or other incident within their official or other thing, knowing it to be false and with
concern knowing that said crime or incident the intent to mislead the finder of fact in such
did not occur; or official proceeding or investigation;
(4) Fails or refuses to give his correct is guilty of tampering with evidence.
name or address to a law enforcement Tampering with evidence is a Class A
officer in lawful discharge of his official crime.
duties;
is guilty of giving a false alarm. 5-16-7. TAMPERING WITH PUBLIC
Giving a false alarm is a Class B crime. RECORDS. Any person who:
(1) Knowingly makes a false entry in, or
5-16-3. TAMPERING WITH WITNESSES. false alteration of any record, document, or
Any person who, believing that an official thing belonging to or received or kept by the
proceeding or investigation is pending or Tribe or the United States or any state
about to be instituted, attempts to induce or government for information or recording, or
otherwise causes a person to: required by law to be kept by others for
(1) Testify or inform falsely; or information of the Tribe or the United States
(2) Without any testimony, information, or any state government; or
documents, or things of value to the (2) Makes, presents, or uses any record,
investigation; or document, or other thing knowing it to be
(3) Elude legal process summoning him to false, with the intent that it be taken as a
testify or supply evidence; or genuine part of information or records
referred to in (1) above; or

84
(3) Intentionally and unlawfully destroys, or addresses any threat or intimation to any
conceals, removes, or otherwise impairs the juror, referee, arbitrator, judge, hearing
accuracy or availability of any record officer, umpire, assessor, or Tribal official
document, or thing, described in (1) above; authorized by law to hear or determine any
is guilty of tampering with public records. controversy, with the intent to induce him
Tampering with public records is a either to do any act not authorized by law, or
Class A crime. to omit or delay the performance of any duty
imposed upon him by law, or for having
performed any duty imposed upon him by
5-16-8. IMPERSONATING AN OFFICER
law, is guilty of a Class A crime.
OR PUBLIC SERVANT. Any person who
falsely pretends to be a public servant or law
5-15-12. ATTEMPTING TO INFLUENCE
enforcement officer with the intent to induce
another person to submit to such pretended JUROR AND OTHERS. Any person who
official authority or otherwise to act in attempts to influence a juror, of any person
reliance upon the pretense to his prejudice is summoned or drawn as a juror, or chosen as
guilty of impersonating a public servant or an arbitrator or appointed as a referee or
officer. Judge with respect to his verdict or decision
Impersonating a public servant or in any cause or matter pending before him,
or about to be brought before him;
officer is a Class A crime. (1) By means of any communication, oral
or written, had with him, except in the regular
5-16-9. DEFINITIONS. The word “official course of proceedings upon the trial of the
proceeding” means any proceeding before a causes; or
legislative, judicial, administrative or other (2) By means of any communication, oral
Tribal or government body or official or written, had with him, except in the regular
authorized by law to take evidence under course of the proceedings upon the trial of
oath or affirmation, including a Notary Public the cause; or
or other person taking evidence in (3) By publishing any statement,
connection with any proceeding described in argument, or observation relating to the
this sentence. causes;
The word “public servant” means any officer is guilty of a Class A crime.
or employee of the Tribe, United States
government or any state government,
5-16-13. AGREEMENT TO GIVE A
including judges and Tribal leaders, and any
person participating as a juror, advisor, VERDICT. Any juror or person drawn or
consultant, or otherwise, in performing a summoned as a juror or referee, arbitrator,
governmental function, but the term does not judge, hearing officer, or any other person
include witnesses. authorized by law to hear or determine a
controversy, who makes any promise or
5-16-10. COMPOUNDING A CRIME. Any agreement to give a verdict for or against
person who accepts or offers or agrees to any party is guilty of a Class B crime.
accept any pecuniary benefit as
consideration for: 5-16-14. RESISTING ARREST. Any
(1) Refraining from seeking prosecution of person who, with the intent of preventing a
an offender; or law enforcement officer from affecting an
(2) Refraining from reporting to law arrest or detention of himself or of any other
enforcement authorities the commission or person, or of discharging any other duty,
suspected commission of any crime or creates a substantial risk of bodily harm to
information relating to a crime; anyone, or employs a means justifying or
is guilty of compounding a crime. requiring substantial force to overcome the
Compounding a crime carries the same resistance, regardless of whether there is a
penalty as the crime which was legal basis for the arrest or detention, is
compounded, that is to say, if the principal guilty of resisting arrest.
crime was a Class B crime, the penalty Resisting arrest is a Class B crime.
for compounding said crime would also
5-16-15. FAILURE TO APPEAR. Any
be a Class B Crime.
person who, having been released pursuant
to a posted bond, bail, or personal
5-16-11. THREATENING OR recognizance or any other release
INTIMIDATING A JUDICIAL OFFICER. agreement, fails to appear before any Court
Any person who, directly or indirectly, utters or Judicial Officer as required shall forfeit

85
any security which was given or pledged for under this section, the detaining officer may
such person’s release and shall be Guilty of take reasonable steps to protect himself. A
Failure to Appear. taking into protective custody under this
Failure to Appear is a Class A crime. section is not an arrest. No warrants,
complaints or summons shall issue pursuant
to this section. Law enforcement officers
CHAPTER 17 – DISORDERLY
are, however, specifically authorized to
CONDUCT maintain records of the identity of persons
placed in protective custody and dates
5-17-1. Disorderly Conduct thereof under this section for use in alcohol
commitment proceedings and any other
5-17-1. DISORDERLY CONDUCT. Any judicial proceeding where the person’s use
or abuse of alcohol may be in question.
person who intentionally causes serious
public inconvenience, annoyance, or alarm
to any other person, or creates a risk thereof 5-18-2. PUBLIC CONSUMPTION OF
by: ALCOHOL. Any person who voluntarily
(1) Engaging in fighting or in violent or consumes any alcoholic beverages, or has in
threatening behavior; or his possession an open package containing
(2) Making unreasonable noise; or any alcoholic beverage in a public place, is
(3) Disturbing any lawful assembly or guilty of public consumption. As used in the
meeting of persons without lawful authority; section, the word “public place” means any
or property which is not privately owned, or any
(4) Obstructing vehicular or pedestrian private property which is ordinarily open to
traffic; or or has free access by the public, and
(5) Using abusive, indecent, profane, or includes any motor vehicle.
vulgar language in a public place, or makes Public consumption of alcohol is a
an offensive gesture or display in a public Class C crime.
place, which language or gesture tends to
incite an immediate breach of the peace; or
5-18-03. MINOR IN POSSESSION OF
(6) Creates by chemical means any
noxious order in the a public place; or ALCOHOL BEVERAGE. Any person under
(7) Displays a firearm or other deadly the age of 18 years who:
weapon in a public place; or (1) Possesses or consumes any beer,
(8) Begs in any public place for money or wine, ale, whiskey, or any other alcoholic
any other thing of value; beverage; or
is guilty of disorderly conduct. (2) Misrepresents his age for the purpose
Disorderly conduct is a Class C crime. of buying or otherwise obtaining any
alcoholic beverage;
is guilty of minor in possession of an
CHAPTER 18 – PROTECTIVE alcoholic.
CUSTODY AND RELATED ALCOHOL Minor in possession of an alcoholic
CRIMES. beverage is a Class C crime.

5-18-11. Protective Custody CHAPTER 19 – CURFEW
5-18-12. Public Consumption Of
Alcohol 5-19-1. Curfew Violations -
5-18-13. Minor in Possession Of Amendment
Alcohol Beverage
5-19-1. CURFEW VIOLATIONS. Any person
5-18-11. PROTECTIVE CUSTODY. Any under the age of 18 years who is away from
his/her place of residence in a public place or
person who appears to be intoxicated by
a private place, other than the place where
alcohol in a public place and to be in need of
he/she intends to spend the night with the
help, may be assisted to his home or may be
permissions of the owner of such place and
taken into protective custody by law
the permission of his/her parents or
enforcement officers and taken forthwith to
guardian, after the following times is guilty of
the hospital or to a jail for the purposes of
curfew violations:
detoxification. No person placed in
11:00 P.M. Sunday through Thursday when
protective custody under this section shall
school is in session
be held for a period exceeding 24 years. In
12:00 A.M. Friday and Saturday and during
taking a person into protective custody
the summer months.

86
This section shall not apply to those persons entitled to administer property for the benefit
accompanied by a parent or guardian; or to of creditors:
persons in attendance at or returning (a) Destroys, removes, encumbers,
directly home from an organized school, transfers, or otherwise deals with any
church, or Tribal functions. property with the intent to defeat or obstruct
Curfew Violation is a Class C crime. the operation of any law relating to
Any child found to be in violation of this administration of property for the benefit of
Ordinance shall be taken to the Police creditors; or
Department and held in a closely monitored (b) Knowingly falsifies any writing or
room (to be checked on every 15 minutes), record relating to said property; or
and his/her parent or guardian shall be (c) Knowingly misrepresents or refuses
immediately notified to pick up their child. to disclose to any person entitled to
Failure to pick up the child immediately will administer property for the benefit of
be a violation of Title 5, Chapter 8, Section 4, creditors, the existence, amount, or location
Child Neglect and a warrant to arrest will be of said property, or any other information
issued and the child will be placed with a which the actor could legally be required to
social service agency. furnish in relation to such administration;
is guilty of defrauding creditors.
Defrauding creditors is a Class A crime.
CHAPTER 20 – CONTRIBUTING TO
THE DELINQUENCY OF A MINOR 5-21-2. MAKING FALSE CREDIT
REPORT. Any person who knowingly makes
5-20-1. Contributing To The
a materially false or misleading statement in
Delinquency Of A Minor
writing for the purpose of obtaining property
or credit or an extension of credit for himself
5-20-1. CONTRIBUTING TO THE or another person or to keep some other
DELINQUENCY OF A MINOR. Any person person from obtaining property or credit or
who: an extension of credit is guilty of making a
(1) Sells or gives to or otherwise makes an false credit report.
alcoholic beverage available to a person Making a false credit report is a Class B
under the age of 18 years; or crime.
(2) By act omission, encourages, causes,
or contributes to the delinquency of a person
under the age of 18 years; 5-21-3. UNAUTHORIZED TRANSFER OF
is guilty of contributing to the delinquency of MORAGED PROPERTY. Any person who
a minor. owns, or has under his possession or control,
It is no defense to this section that the person any personal property which is the subject of
charged did not know or that the minor was a valid and enforceable security interest or
in fact under the age of 18 years. other lien, and with respect to said property
Contributing to the delinquency of a commits any of the following; namely:
minor is a Class B crime. (1) Willfully destroys, conceals, sells, or in
any other manner disposes of or materially
injures any part of said property without the
CHAPTER 21 – DEFRAUDING written consent of the then holder of such
CREDITORS AND RELATED CRIMES security interest or other lien; or
(2) Willfully abandons said property
5-21-1. Defrauding Creditors without first giving written notice to the then
5-21-2. Making False Credit Report holder of said security interest or other lien,
5-21-3. Unauthorized Transfer Of of his intention to abandon such property; or
Mortgaged Property (3) When said property consists of
livestock, willfully fails to notify the hold of
said security interest or other lien upon such
5-21-1. DEFRAUDING CREDITORS.
livestock of the death of any such livestock of
(1) Destroys, removes, conceals, the death of any such livestock immediately
encumbers, transfers, or otherwise deals after the death of said livestock; or
with property subject to a valid security (4) Removes any part of said property to a
interest, lien, or mortgage, with the intent to point outside the Rosebud Sioux Tribe
hinder enforcement of said security interest, Reservation without the written consent of
lien, or mortgage; or the then holder of the security interest or
(2) Knowing that proceedings have been other lien;
or are about to be instituted for the
appointment of a receiver or other person

87
is guilty of unauthorized transfer of (2) Damages property of another by
mortgaged property reckless use of fire; or
Unauthorized transfer of mortgaged (3) Having started a fire, whether
property is a Class A crime. recklessly or not, and knowing that said fire
is spreading and will endanger lives or
Paragraph (4) above shall not be applicable
property of another, either fails to take
to motor vehicle used primarily for personal
transportation or business which are reasonable measures to put out or control
said fire or fails to give a prompt fire alarm, is
temporarily off the Reservation in
guilty of reckless burning.
accordance with the usual and customary
business or person transportation practices Reckless burning is a Class B crime.
of the person who would otherwise be
required to obtain permission to remove said CHAPTER 23 – BURGLARY AND
vehicle from the Reservation. RELATED OFFENSES
CHAPTER 22 – ARSON AND 5-23-1. Burglary
RELATED OFFENSES 5-23-2. Defenses To Simple
Trespass
5-22-1. Arson 5-23-3. Aggravated Trespass
5-22-2. Burning To Defraud Insurer
5-22-3. Owner Of Property Defined 5-23-1. BURGLARY. Any person who
5-22-4. Reckless Burning enters or remains in any structure with the
intent to commit a crime therein is guilty of a
5-22-1. ARSON. Any person who burglary.
intentionally sets fire to or burns or causes to Burglary is a Class A crime.
be burned any structure or other real or (1) That the premises involved were at t
personal property not his own without the he time open to the public; or
consent of the owners thereof, is guilty of (2) That the Defendant had at the time
arson. permission or a privilege to enter the
Where the value of the property burned structure.
or damaged by fire is less than $100,
5-23-2. SIMPLE TRESPASS. Any person
arson is a Class B crime.
who, knowing he is not privilege to do so,
Where the value of the property burned enters or remains in any place where notice
or damaged by fire is $100 or more less against trespass is given by;
than $200, arson is a Class B crime. (1) Actual communication to the actor by
Where the value of the property burned the owner of the premises or by any other
authorized person; or
or damaged by fire is greater than $200,
(2) Posting of signs reasonably likely to
arson is a Class A crime. come to the attention of intruders; or
(3) Fencing or other type enclosure which
5-22-2. BURNING TO DEFRAUD a reasonable person would recognize as
INSURER. Any person who, with the intent being designated to exclude intruders; is
to injure or defraud an insurer, sets fire to or guilty of simple trespass.
burns or causes to be burned any real or Simple trespass is a Class C crime.
personal property of any kind, whether said
property belongs to himself or any other 5-23-3. DEFENSES TO SIMPLE
person, which property is insured against TRESPASS. The following are affirmative
fire, is guilty of a Class A crime. defenses to simple trespass, namely:
(1) That the premises were at the time
5-22-3. OWNER OF PROPERTY open to the members of the public; or
DEFINED. For the purposes of this chapter, (2) That the actor reasonably believed
the owner of any property includes all that the owner of the premises, or other
persons who have a legal or equitable authorized person, would have permitted him
interest in the property. to enter or remain.

5-22-4. RECKLESS BURNING. Any 5-24-4. AGGRAVATED TRESPASS. Any
person who: person who, knowing that he is not privilege
(1) Recklessly starts, or causes a fire to to do so, enters or remains upon properly
be started, which endangers human life; or under circumstances not amounting to

88
burglary, with the intent to commit a crime 5-25-2. Categories Of Theft
thereon, is guilty of aggravated trespass. 5-25-3. Theft By Fraud
Aggravated trespass is a Class B crime. 5-25-4. Theft By Extortion
5-25-5. Theft Of Lost, Mislaid, or
Mistakenly Delivered
CHAPTER 24 – ROBBERY Property
5-25-6. Receiving Stolen Property
5-24-1. Robbery Defined 5-25-7. Theft Of Services
5-24-2. Types Of Force or Fear 5-25-8. Theft By Embezzlement
Necessary To Constitute 5-25-9. Theft By Credit Card
Robbery 5-25-10. General Defense To Theft
5-24-3. Taking Without Knowledge 5-25-11. Recent Possession Of Stolen
Of Victim Is Not Robbery Property May Be Theft

5-24-1. ROBBERY DEFINED. Any person 5-25-1. THEFT DEFINED. Any person,
who intentionally takes personal property, who takes, steals, obtains, or exercises
regardless of value, in the possession of control over property of another with the
another from his person or immediate intent to deprive the owner thereof, is guilty
presence, and against his will, accomplished of theft.
by means of force or fear, is guilty of
robbery. 5-25-2. CATEGORIES OF THEFT. Theft of
Robbery is a Class A crime. any property or services under this chapter
It is an affirmative defense to a charge of shall be punishable as follows:
robbery that the actor has the right to take (1) If the value of the property or services
the property pursuant to legal process or involved is less than $50, the theft shall
otherwise pursuant to law. be a Class C crime.
(2) If the value of the property or services
5-24-2. TYPES OF FORCE OR FEAR involved is $50 or more but less than
NECESSARY TO CONSTITUTE $200, theft shall be a Class B crime.
ROBBERY. To consider robbery, the (3) If the value of the property or services
amount or degree or force or fear employed involved is $200 or more, theft shall be a
as immaterial. However, the force or fear Class A crime.
must be employed either to obtain or retain If no evidence as to the value of the property
possession of the property or to prevent or or services involved is presented and the
overcome resistance to the taking. If force value of such is not obvious without
or fear is employed merely as a means of presentation of such evidence, and if it is
escape, it does not constitute robbery. otherwise proven that theft has been
The fear which constitutes an element of the
committed, the crime shall be a Class C
offense of robbery may be either;
(1) The fear of an injury, immediate or crime.
future, to the person or property of the
person robbed, or of any relative of his or 5-25-3. THEFT BY FRAUD. Any person
member of his family; or who obtains property of another by fraud is
(2) The fear of an immediate injury to the guilty of theft. A person commits fraud if he
person or property of anyone in the company intentionally, regarding a matter material to
of the person robbed at the time of the the transaction:
robbery. (1) Creates or reinforces a false
impression, including false impression as to
5-24-3. TAKING WITHOUT KNOWLEDGE law, value, intention or other state of mind;
OF VICTIM IS NOT ROBBERY. The taking but fraud as to a person’s intention to
of property from the person of another or in perform a promise shall not be inferred from
his immediate presence is not robbery when the fact alone that he did not subsequently
it clearly appears that the taking was fully perform the promise; or
completed without his knowledge. (2) Prevents another from acquiring
information which would affect his judgment
regarding a transaction; or
CHAPTER 25 – THEFT AND (3) Fails to correct a false impression
RELATED CRIMES which the actor previously created or
reinforced, or which the actor knows to be
5-25-1. Theft Defined

89
influencing another to whom he stands in a under a mistake as to the nature or amount of
fiduciary or confidential relationship; or property or the identity of the recipient, and
(4) Fails to disclose a known lien, adverse with the intent to deprive the owner thereof,
claim, or other legal impediment to the fails to take reasonable measures to restore
enjoyment of property which he transfers or the property to the persons entitled thereto,
encumbers in consideration for the property is guilty of theft.
obtained, whether such impediment is or is
not valid, or is or is not a matter of public 5-25-6. RECEIVING STOLEN
record. PROPERTY. Any person who receives,
The term “fraud” does not, however, include
retains, or disposes of property of another,
matters having no pecuniary significance, or
knowing that said property has been stolen,
mere puffing by statements unlikely to or believing that said property has probably
deceive ordinary persons.
been stolen, unless said property is received,
retained, or disposed of, with the intent to
5-25-4. THEFT BY EXTORTION. Any restore the same to the owner thereof, is
person who obtains or exercises control over guilty of theft.
property of another with the intent to deprive
the owner thereof by extortion is guilty of 5-25-7. THEFT OF SERVICES. Any
theft.
person who intentionally:
Extortion occurs when a person threatens to:
(1) Obtains services which he knows are
(1) Inflict bodily injury on any person or
available only for compensation by fraud,
commit any other criminal offense; or
extortion, force, or any other means
(2) Accuse anyone of a criminal offense;
designed to avoid the regular payment
or
therefore; or
(3) Take or withhold action as an official,
(2) Having control over the disposition of
or cause an official to take or withhold
services of other, to which he is not entitled,
action; or
diverts such services to his own benefit, or
(4) Expose any secret tending to subject
the benefit of another not entitled thereto;
any person to hatred contempt, or ridicule,
is guilty of theft.
or to impair his credit or business reputation;
When compensation for services is ordinarily
or paid immediately upon the rendering of such
(5) Bring about or continue a strike,
services, refusal to pay, or absconding
boycott, or other collective unofficial action,
without payment or offer to pay, gives rise to
of the property is not demanded or received
a presumption that the service was obtained
for the benefit of the group in whose interest
by fraud as to the intent to pay.
the actor purports to act; or
The word “services” includes, but is not
(6) Testify or provide information, or
limited to labor, professional services,
withhold testimony or information, with
telephone or other public service,
respect to another’s legal claim or defense;
accommodation in motels, restaurants or
or
elsewhere, admissions to places for which a
(7) Inflict any other harm which would not
charge for admission is made, the use of
benefit the actor but which would
vehicles, or use of any other movable or real
substantially harm any other person with
property.
respect to that person’s health, safety,
business, calling, career, financial condition,
reputation, or person relationship. 5-25-8. THEFT BY EMBEZZLEMENT.
It is an affirmative defense to prosecution Any person, who has been entrusted with
based upon paragraphs (2), (3), or (4) of this property belonging to another, who, with the
Section, that the property obtained was intent to benefit any person not entitled to
honestly due as restitution or indemnification benefit from said property, appropriates said
for harm done in the circumstances to which property to his own use to a use or a purpose
the threat of accusation, exposure, or official not in the due and lawful execution of his
action related, or as compensation for a trust, is guilty of theft by embezzlement. A
legitimate debt. distinct act of taking is not necessary to
constitute theft by embezzlement.
A person is “entrusted with property of
5-25-5. THEFT OF LOST, MISLAID, OR
another” if he has possession or control of:
MISTAKENLY DELIVERED PROPERTY. (1) Real or personal property owned in
Any person who comes into control or whole or in part by a deceased person and
possession of property of another, and which property is the proper subject of an
knowing or reasonably believing that said estate proceeding; or
property has been lost, mislead, or delivered

90
(2) Real or personal property, the legal 5-26-2. CRIMINAL SIMULATION. Any
title to which is in the Rosebud Sioux Tribe or person who, with the intent to defraud,
any subdivision thereof, the United States of makes, alters, completes, or attempts to sell
America or any subdivision thereof, or of any or circulate as genuine, any object other than
financial institution; or a written instrument, so that the same
(3) Real or person property, the legal title appears to have valued because of antiquity,
to which is in any person other than the rarity, source, or authorship which it does
actor, and which property is not subject to a not actually possess, is guilty of criminal
lien or security interest in favor of the actor. simulation.
Criminal simulation is a Class B crime.
5-25-9. THEFT BY CREDIT CARD. Any
person, who, by use of a credit card issued 5-26-3. POSSESSING, FILING, OR
to another person, without the consent of the
person to whom issued, or by use of a credit RECORDING OF FORGED
cart issued to another person, without the INSTRUMENTS. Any person who, with
consent of the person to whom issued, or by intent to defraud, knowingly offers for
use of a credit card which has been revoked recording as a public record, possesses, or
or cancelled or has expired, or by use of a offers for filing with the Tribal Court or any
falsified, mutilated, altered, or counterfeit public agency or the Rosebud Sioux Tribe or
credit card, obtains property or services on the United States of America or any of its
credit, is guilty of theft. political subdivisions, a forged instrument or
a false instrument is guilty of filing,
5-25-10. GENERAL DEFENSE TO recording, or possessing a forged
instrument.
THEFT. It is an affirmative defense to any
prosecution for theft that the Defendant Filing, recording, or possessing a forged
acted under an honest claim of right to the instrument is a Class A crime.
property or service involved, or that he had a
right to acquire or dispose of said property CHAPTER 27 – BAD CHECKS
or service as he did.
It is not a defense to theft that the actor has 5-27-1. Check Defined
an interest in the property or services taken 5-27-2. Issuing Bad Checks
if any other person also has an interest that 5-27-3. Jury Instructions Regarding
the actor is not entitled to infringe upon. Bad Checks

5-25-11. RECENT POSSESSION OF 5-27-1. CHECK DEFINED. As used in this
STOLEN PROPERTY MAY BE THEFT. chapter, the word “check” means any check,
Possessions of property recently stolen, draft, order, or other commercial device
when no satisfactory explanation of such which orders a financial institution to pay a
possession is made or available, shall give certain sum of money upon its presentation
rise to a presumption that the person in to said financial institution.
possession of said property stole the same.
5-27-2. ISSUING BAD CHECKS. Any
CHAPTER 26 – FORGERY AND person who issues or passes a check for any
RELATED CRIMES of the following purposes, namely:
(1) To then and there obtain money,
property or other thing of value; or
5-26-1. Forgery Defined
(2) To pay for rent, wages, salary, taxes
5-26-2. Criminal Simulation
due the Rosebud Sioux Tribe or the United
5-26-3. Possession, Filing, or
States of America or any of its subdivisions,
Recording Of Forged
or as payment for services ordinarily paid
Instruments
immediately upon the rendering of such
service, knowing or believing that said check
5-26-1. FORGERY DEFINED. Any person will not be honored by the financial institution
who, with the intent to defraud, falsely makes upon which the same was drawn, is guilty of
changes or alters a written instrument of any issuing bad checks.
kind, or passes such an instrument, is guilty
Issuing bad checks is a Class B crime if
of forgery.
the check upon which the prosecution is
Forgery is a Class A crime. based was returned because of insufficient
funds in the account upon which the same
was drawn.

91
Issuing bad checks is a Class A crime if (1) “Controlled substances” means a
the check upon which the prosecution was drug, substances, or immediate precursor
based is returned from the financial listed in Schedules I through V of this Act.
institution because no account existed in the (2) “Deliver” or “delivery” means the
financial institution against which the check actual or constructive transfer from one
was drawn at the time the check was passed. person to another of a controlled substance,
whether or not there is an agency
5-27-3. JURY INSTRUCTIONS relationship. For purposes of this Act, it also
included an offer to sell a controlled
REGARDING BAD CHECKS. In any substance. Proof of an offer to sell must be
prosecution or bad checks where the same is corroborated by a person other than the
tried to a jury, the jury shall be instructed offeree or by evidence other than a
that where a check in evidence was returned statement of the offeree.
from the financial institution because of (3) “Dispense” means to deliver a
insufficient funds in the account against controlled substance to an ultimate use or
which it was drawn, or because no account research subject by, or pursuant to the
existed in the financial institution against lawful order of a practitioner (in the course of
which the check was drawn at the time the professional practice or research), including
check was passed, such evidence is prescribing, administering, packaging,
sufficient upon which to base a conviction of labeling, or compounding necessary to
bad checks unless such return by the prepare the substance for such delivery.
financial institution is satisfactorily explained (4) “Dispenser” means a person who
by the facts and circumstances brought out dispenses.
at the trial. (5) “Distribute” means to deliver, other
The jury shall be instructed that no person than by administering or dispensing, a
can be convicted of issuing bad checks controlled substance.
where the evidence established that the (6) “Distributor” means a person who
checks was post dated, or was a “hold” distributes.
check, or was issued in payment for credit (7) “Marijuana” means and includes all
previously negotiated or arranged. parts of the plant cannabis sativa, cannabis
Americana, and cannabis indica, whether
CHAPTER 28 – DRUGS AND growing of not; the see thereof; the resin
CONTROLLED SUBSTANCES extracted from any part of such plant; and
every compound, manufacture, salt,
5-28-1. Definitions derivative, mixture, or preparation of such
5-28-2. Standards and Schedules plants, its seeds, or resin; but shall not
5-28-3. Schedule I - Opiates and include the mature stalks of such plants,
Hallucinogenics fiber produced from such stalks, oil or cake
5-28-4. Schedule II – Opium and made from the seeds of such plant, any other
Amphetamines compound, manufacture, salt, derivative,
5-28-5. Schedule III – Depressants mixture, or preparation of such mature stalks
and Narcotics except the resin extracted therefrom, fiber
5-28-6. Schedule IV – Barbiturates oil, cake, or the sterilized seed of such plant
5-28-7. Schedule V – Prescription which is incapable of germination.
Drugs (8) “Narcotic drugs” means coco leaves,
5-28-8. Exclusion From Schedule opium, cannabis, isonipecaine, amidone,
5-28-9. Regulation Of Manufacture isoamidone, ketobemidone, lysergic acid
5-28-10. Distribution, Manufacture, or diethylamide, commonly known as LSD, and
Possession With Intent To every substance neither chemically nor
Distribute physically distinguishable from them; and
5-28-11. Unlawful Possession Of other drugs to which the Federal laws
Controlled Substance relating to narcotic drugs may now apply.
5-28-12. Peyote Exemption (9) “Opiate” means any substance having
5-28-13. Inhabiting A Room Where an addiction-forming or addiction-sustaining
Controlled Substance Is liability similar to morphine or being capable
Illegally Stored or Used of conversion into a drug having addiction-
5-28-14. Sale Of Lysol Prohibited forming or addiction-sustaining liability.
(10) “Opium poppy” means the plant of the
species Papaver somniferum L., except its
5-28-1. DEFINITIONS. The following
seeds.
definitions are applicable to this section: (11) “Person” means any individual,
corporation, government, or government

92
subdivision or agency, business trust, estate, (k) Dipipanone
trust, partnership or association, or any (l) Ethylmethylthiambutene
other legal entity. (m) Etonitazene
(12) “Poppy straw” means all parts, (n) Etoxeridine
except the seeds, of the opium poppy after (o) Furethidine
mowing. (p) Hydroxpethidine
(13) “Possession” means actual care, (q) Ketobemidone
custody, control or management. (r) Levophenaclymorphan
(14) “Practitioner” means: (s) Meprodine
(a) A physician, dentist, veterinarian, (t) Methadol
scientific, investigator, or other person (u) Moramide
licensed, registered, or otherwise permitted (v) Morpheridine
to distribute, dispense, analyze or conduct (w) Noracymethadol
research with respect to, or to administer a (x) Norlevorphanol
controlled substance in the course of (y) Normethadone
professional practice or research in this (z) Norpipanone
State; or (A) Phenodoxone
(b) A pharmacy, hospital, or other (B) Phenampromide
institution licensed, registered, or otherwise (C) Phenomorphan
permitted to distribute, dispense, conduct (D) Phenorperidine
research with respect to, or administer a (E) Piritramide
controlled substance in the course of (F) Proheptazine
professional practice or research in this (G) Proheptazine
State. (H) Propiram
(15) “Production” includes manufacturing, (I) Trimeperidine
planting, cultivating, growing, or harvesting (2) Any of the following opium derivates,
of a controlled substance their salts, isomers, and salts of isomers,
(16) “Ultimate user” means a person who unless specifically excepted, whenever the
has lawfully obtained and possesses a existence of these salts, isomers, and salts of
controlled substance for his own use or for isomers is possible within the specific
the use of a member of his household or for chemical designation:
administering to an animal by him or by a (a) Acetorphine
member of his household. (b) Acthidihydrocodeine
(c) Benzylmorphine
5-28-2. STANDARDS AND SCHEDULES. (d) Codeine methybromide
The Rosebud Sioux Tribal Council (e) Codeine-N-Oxide
determines that the substances listed in (f) Cyprenorphone
Schedules I, II, III, IV, and V shall be (g) Desomorphine
controlled substances. (h) Dihydromorphine
(i) Etorphine
5-28-3. SHEDULE 1 – OPIATES AND (j) Heroin
(k) Hyrdomorphinol
HALLUCINOGENICS. Schedule I shall (l) Methyldesorphine
initially consist of the controlled substances (m) Methyldihyromorphine
listed in this section, as follows: (n) Norphine methylbromide
(1) Any of the following opiates, indicating (o) Morphine methysulfonate
their isomers, esters, ethers, salts, and salts (p) Morphine-N-Oxide
of isomers, esters, and ethers unless (q) Myrophine
specifically excepted, whenever the (r) Nicocodeine
existence of these isomers, esters, ethers (s) Nicomorphine
and salts is possible within the specific (t) Normorphine
chemical designation: (u) Pholcodine
(a) Allylprodine (v) Thebacon
(b) Benzethidne (3) Any material, compound, mixture or
(c) Betaprodine preparation which contains any quantity of
(d) Clonatzene the following hallucinogenic substances,
(e) Dextrorphan their salts, isomers, and salts of isomers,
(f) Diampromide unless specifically excepted, whenever the
(g) Diethylthiambutene existence of these salts, isomers, and salts of
(h) Dimenoxadol isomers is possible within the specific
(i) Dimethylthiambutene chemical designation:
(j) Diozaphetyl Butyrate 3, 4-methylenedioxy amphetamine

93
5-methoxy-3, 4-methylenedixy amphetamine (d) Coca leaves and any salt,
3, 4, 5-trimethoxy amphetamine compound, derivative, or preparation of coca
Bufotenine leaves, and any salt, compound, derivative,
Diethyltryptamine or preparation thereof which is chemically
Dimethyltryptamine equivalent or identical with any of these
4-methyl-2, 5-dimethoxyamphetamine substances, but not including decocainized
Ibogaine coca leaves or extractions which do not
Lysergic acid diethylamide contain cocaine or ecgonine.
Marijuana (2) Any of the following opiates, including
Peyote their isomers, esters, ethers, salts, and salts
N-ethyl-3-piperidyl benzilate of isomers, whenever the existence of these
N-methyl-3-piperidyl benzilate isomers, esters, ethers, and salts is possible
Psilocybin within the specific chemical designation:
Psilcoyn (a) Alphaprodine
Tetrahydrocannabinols and synethetics (b) Anileridine
equilalents of the substances contained in (c) Besitramide
the plant, or in the resinous extractives of (d) Dihyrocodeine
cannabis or synthetic substances, (e) Dephenoxylate
derivatives and their isomers with similar (f) Fentanyl
chemicals structure and pharmacological (g) Isomethadone
activity such as the following: (h) Levomethorphan
delta-1 cis or trans tetrahydrocannabinol, (i) Levorphanol
and their optical isomers; (j) Metazocine
delta-6 cis or trans tetrahydrocannabinol, (k) Methadone
and their optical isomers; (l) Methadone-Intermediate, 4-cyano-
delta-3, 4 cis or trans tetrahydrocannabinol 2dimethylamino-4, 4-diphenyl butane
and its optical isomers. (m) Moramide-Intermediate, 2-methyl-3-
corpholino-1, 1-duphenylporpane-
5-28-4. SCHEDULE II – OPIUM AND carboxylic acid
AMPHETAMINES. Schedule II shall initially (n) Pethidine
consist of the controlled substance listed in (o) Pethidine-Intermediate-A, 4-cyano-
1-methyl-4-phenylpiperdine
this section, as follows:
(p) Pethidine-Intermediate-B, ethyl-4-
(1) Any of the following substances,
phenyl-piperdine-4-carboxylate
except those narcotic drugs listed in other
(q) Pethidine-intermediate-C, 1-methyl-
schedules, however produced:
(a) Opium and opiate, and any salt, 4-phenyl-piperidine-4-carboxylic acid
(r) Phenazocine
compound, derivative, or preparation of
(s) Piminodine
opium or opiate, including the following:
(t) Racemethorphan
(A) Raw opium
(u) Racemorphan
(B) Opium extracts
(3) Unless listed in another Schedule, any
(C) Opium Fluid extracts
material, compound, mixture, or preparation
(D) Powered opium
which contains any quantity of the following
(E) Granulated opium
substances having a potential for abuse
(F) Tincture of opium
associated with a stimulant effect on the
(G) Apomorphine
central nervous system:
(H) Codeine
(a) Amphetamine, its salts, optical
(I) Ethylmorphine
isomers, and salts of its optical isomers
(J) Hudrocodone
(b) Methamphetamine, including its
(K) Hudromorphine
salts, isomers, and salts of isomers
(L) Metopon
(c) Methylphenidate and its salts
(M) Morphine
(d) Phenmetrazine and its salts
(N) Oxycodone
(4) Methaqualone
(O) Oxymorphone
(P) Thebaine
(b) Any salt, compound, isomer, 5-28-5. SCHEDULE III – DEPRESSANTS
derivative, or preparation thereof which is AND NARCOTICS.
chemically equivalent or identical with any of (1) Schedule III shall initially consist of the
the substances referred to in paragraph (a) controlled substances listed in this section,
of this section, but not including the as follows.
isoquinoline aldaloids of opium; (2) Unless listed in another schedule, any
(c) Opium poppy and poppy straws; material, compound, mixture, or preparation

94
which contains any quantity of the following (h) Not more than 50 milligrams of
substances having a potential for abuse morphine, of any of its salts, per 100
associated with a depressant effect of the milliliters or per 100 grams with one or more
central nervous system: active non-narcotic ingredients in
(a) Any substance which contains any recognized therapeutic amounts.
quantity of a derivative or barbituric acid, or
any salt of a derivative or barbituric acid, 5-28-6. SCHEDULE IV –
except those substances which are BARBITURATES.
specifically listed in other schedules.
(1) Schedule IV shall initially consist of the
(b) Cholrkexadol
controlled substances listed in this section,
(c) Glutethimide
as follows:
(d) Lysergic acid (2) Any material, compound, mixture, or
(e) Lysergic acid amide
preparation which contains any quantity of
(f) Methyprylon
the following substances having a potential
(g) Phencyclidime
for abuse associated with a depressant
(h) Sulfondiethylmethane
effect on the central nervous system:
(i) Sulfonethymethane
(a) Barbital
(j) Sulfonmethane
(b) Chloral Betaine
(3) Nalorphine
(c) Chloral Hydrate
(4) Any material, compound, mixture, or
(d) Ethchlorvynol
preparation containing limited quantities of
(e) Ethinamate
the following narcotic drugs, or any salts
(f) Methohexital
thereof:
(g) Meprobamate
(a) Not more than 1.8 grams of codeine,
(h) Methylphenabarbital
or any of its salts, per 100 milliliters or not
(i) Paraldehyde
ore than 90 milligrams per dosage unit, with
(j) Petrichloral
an equal or greater quantity of an
(k) Phenobarbital
isoquinoline alkaloid of opium.
(3) Any compound, mixture, or
(b) Not more than 1.8 grams of codeine,
preparation containing any depressant
or any of its salts, per 100 milliliters or not
substances listed in Section (2) of this
more than 90 milliliters per dosage unit, with section is excepted from the application of all
one or more active non-narcotic ingredients
or any part of this Act if the compound,
in recognized therapeutic amounts.
mixture, or preparation contains one or more
(c) Not more than 300 milligrams of
active medicinal ingredients not having a
dihydrocodeine, or any of its salts, per 100
depressant effect on the central nervous
milliliters or not more than 15 milligrams per system, and if the admixtures are included
dosage unit, with a fourhold or greater
therein in combinations, quantity, proportion,
quantity of an isoquinoline alkaloid of opium.
or concentration that vitiate the potential for
(d) Not more than 300 milligrams of
abuse of the substances which have a
dihydrocodeine, or any of its salts, per 100
depressant effect on the central nervous
milliliters or not more than 15 milligrams per
system.
dosage unit, with one or more active, non-
narcotic ingredients in recognized
therapeutic amounts. 5-28-7. SCHEDULE V – PRESCRIPTION
(e) Not more than 1.8 grams of DRUGS.
dihydrocodeine, or any of its salts, per 100 (1) Schedule V shall initially consist of the
milliliters or not more than 90 milligrams per controlled substances listed in this section,
dosage unit, with one or more active, non- as follows:
narcotic ingredients in recognized (2) Any compound, mixture, or
therapeutic amounts. preparation containing limited quantities of
(f) Not more than 300 milligrams of any of the following narcotic drugs, which
ethylmorphine or any of its salts, per 100 also contain one or more non-narcotic active
milliliters or not more than 15 milligrams per medicinal ingredients in sufficient proportion
dosage unit, with one or more ingredients in to confer upon the compound, mixture, or
recognized therapeutic amounts preparation valuable medicinal quantities
(g) Not more than 500 milligrams of other than those possessed by the narcotic
opium per 100 milliliters or per 100 grams, or drug alone:
not more than 25 milligrams per dosage unit, (a) Not more than 200 milligrams of
with one or more active, non-narcotic codeine, or any of its salts, per 100 milliliters
ingredients in recognized therapeutic or per 100 grams;
amounts.

95
(b) Not more than 100 milligrams of 5-28-11. UNLAWFUL POSSESSION OF
dihydrocodeine, or any of its salts, per 100 CONTROLLED SUBSTANCE. Except as
milliliters or per 100 grams;
authorized by this Act, any person who
(c) Not more than 100 milligrams of
knowingly or intentionally possesses a
ethylmorphine, or any of its salts, per 100
controlled substance listed in Schedules I
milliliters or per 100 grams;
through V unless the substance was
(d) Not more than 2.5 milligrams of obtained directly from, or pursuant to a valid
diphenoxylate and not less than 25
prescription or order of a practitioner while
micrograms of atropine sulfate per dosage
acting in the course of his professional
unit;
(e) Not more than 15 milligrams of practice, is guilty of a Class B crime.
opium per 29.5729 milliliters or per 28.35
grams. 5-28-12. PEYOTE EXEMPTION. The
provisions of this Act relating to the
5-28-8. EXCLUSION FROM SCHEDULE. possession and distribution of peyote shall
A non-narcotic substance is excluded from not apply to the use of peyote by members of
Schedule I through V if the Substance may the Native American Church in bona fide
lawfully be sold over the counter without a religious ceremonies of the church.
prescription under the Federal Food, Drug,
and Cosmetic Act and the Tribal Council shall 5-28-13. INHABITING A ROOM WHERE
have no power to include a non-narcotic CONTROLLED SUBSTANCE IS
substance in Schedule I through V if the ILLEGALLY STORED OR USED. Any
Substance may lawfully be sold over the person who inhabits a room knowing that any
counter without a prescription under the controlled drug or substance is being
Federal Food, Drug, and Cosmentic Act.
illegally stored or used therein is guilty of a
Class B crime.
5-28-9. REGULATION OF
MANUFACTURE, DISTRIBUTION AND
5-28-14. SALE OF LYSOL PROHIBITED.
DISPENSING OF CONTROLLED It shall be unlawful for any merchant to sell
SUBSTANCES. Lysol within the boundaries of the Rosebud
(1) Registration Requirements Sioux Reservation. A violation of this
(a) Every person who manufactures, provision is a Class C crime. The Rosebud
distributes, analyzes, or dispenses any Sioux Tribal Court shall have the authority to
controlled substances within the exterior enforce this provision by injunction.
boundaries of the Rosebud Sioux Tribe
Indian Reservation must possess a valid
registration from the South Dakota State
CHAPTER 29 – MARIJUANA
Board of Pharmacy. Said registrations must
be obtained annually and be in compliance 5-29-1. Possession Of Marijuana
with all rules and regulations promulgated by 5-29-2. Manufacture, Distribution, or
the State. Possession With Intent To
(b) Persons registered with the State of Distribute
South Dakota or the United States of America 5-29-3. Distribution Of Marijuana To
to manufacture, distribute, dispense, analyze A Minor
or conduct research with controlled
substances may possess, manufacture, 5-29-1. POSSESSION OF MARIJUANA.
distribute, dispense, analyze or conduct No person shall knowingly possess
research with those substances to the extent marijuana. Any person who knowingly
authorized by their registration. possesses marijuana is guilty of a Class
B crime if the amount of marijuana
5-28-10. DISTRIBUTION,
possessed is 1 ounce or less.
MANUFACTURE, OR POSSESSION WITH
Possession of more than 1 ounce of
INTENT TO DISTRIBUTE. Except as
marijuana is a Class A crime.
authorized by this Act, any person who
knowingly or intentionally manufacturers,
distributes, or possesses with intent to 5-29-2. MANUFACTURE,
manufacture or distribute a controlled DISTRIBUTION, OR POSSESSION WITH
substance listed in Schedules I through V, is INTENT TO DISTRIBUTE. Any person who
guilty of a Class A crime. knowingly:
(1) Grows marijuana; or

96
(2) Manufactures marijuana; that is to say influenced thereby is guilty of solicitation of a
packages, repackages, dries, or prepares bribe.
marijuana for distribution; or Solicitation of a bribe is a Class A
(3) Distributes marijuana; or crime.
(4) Possesses marijuana with the intent to
distribute the same;
5-30-3. INABILITY TO ACT NO
is guilty of a Class A crime.
DEFENSE. It is no defense to prosecution
under sections 5-30-1 and 5-30-2 above that
5-29-3. DISTRIBUTION OF MARIJUANA
the person sought to be influenced or bribed
TO A MINOR. Any person who distributes was not qualified to act in the desired way
marijuana, with or without consideration, to because he had not yet assumed office,
any other person under the age of 18 years is lacked authority, or for any other reason.
guilty of distribution of marijuana to a minor.
It is not defense to a prosecution under this 5-30-4. SELLING OFFICIAL CONDUCT.
section that the defendant was not aware of
Any public officer or employee who asks for
the true age of the other person to whom the
or receives any pecuniary benefit for the
marijuana was distributed.
performance of any official function which
Distribution of marijuana to a minor is a has not been performed, or who asks for or
Class A crime. receives any pecuniary benefit for doing any
official act, is guilty of selling official
CHAPTER 30 – BRIBERY AND conduct. It is an affirmative defense to a
charge under this section that the fees or
ABUSE OF PUBLIC OFFICE consideration received or requested by the
public official were authorized by law or
5-30-1. Bribery Of Public Office required to be collected by law.
5-30-2. Solicitation Of A Bribe Selling official conduct is a Class A
5-30-3. Inability To Act No Defense
5-30-4. Selling Official Conduct crime.
5-30-5. Selling Omission Of Official
Conduct 5-30-5. SELLING OMISSION OF
5-30-6. Bribery or Unlawful OFFICIAL CONDUCT. Any public officer or
Influence Of The Tribal employee who asks for or receives any
Council pecuniary benefit or other consideration for
5-30-7. Solicitation By The Tribal omitting or deferring performance of any
Council official conduct, is guilty of selling omission
5-30-8. Attempting To Influence A of official conduct.
Judge - Amendment Selling the omission of official conduct
5-30-9. Nullification Of Legislative
is a Class A crime.
and/or Executive Action
Over Judicial Acts -
Amendment 5-30-6. BRIBERY OR UNLAWFUL
INFLUENCE OF THE TRIBAL COUNCIL.
5-30-1. BRIBERY OF PUBLIC OFFICE. Any person who gives or offers to give a
Any person who gives or offers to give a bribe to any member of the Tribal Council or
bribe to any public officer or employee with attempts directly or indirectly by menace,
the intent to influence him in respect to any deceit, or any other unlawful means, to
act, decision, vote, opinion, or other influence a Tribal Council member in giving
proceeding which the public officer or or withholding his vote or in not attending a
employee is responsible for, is guilty of Council meeting or meeting of any
bribery of a public officer. Committee thereof is guilty of unlawful
Bribery of a public officer is a Class A influence of the Tribal Council.
crime. Unlawful influence of the Tribal Council
is a Class A crime.
5-30-2. SOLICITATION OF A BRIBE. Any
public officer or employee who asks, 5-30-7. SOLICITATION BY THE TRIBAL
receives or agrees to receive a bribe upon an COUNCIL. Any member of the Tribal
agreement or understanding that his vote, Council who asks, receives, or agrees to
opinion or action upon any matter then receive any bribe or other consideration
pending, or which may by law be brought upon any understanding that his official vote,
before him in his official capacity will be opinion, judgment, or action shall be

97
influenced thereby or shall be given in any any of their employees or agents. Any
manner upon which he will be required to act legislation, administrative or executive act or
in his official capacity, is guilty of solicitation order which seeks or purports to modify,
by the Tribal Council. vacate or nullify any judicial act or order in
Solicitation by the Tribal Council is a violation of this ordinance shall be deemed
Class A crime. null and void as a matter of law.
(1) There shall be no ex parte
communication between any member of the CHAPTER 31 – RIOT AND RELATED
Rosebud Sioux Tribal Council or the Office of CRIMES
the President or Vice President or any of
their employees or agents who are not an 5-31-1. Riot
official party to cause of action to the court, 5-31-2. Failure To Disperse
any judge of the Rosebud Sioux Tribal Court 5-31-3. Street Gang Activity and
or the Rosebud Sioux Supreme Court, in an Membership – Amendment
attempt to influence, by any means any ruling 5-31-4. Definition - Amendment
outcome or decision of any cause of action, 5-31-5. Drive By Shooting -
case or matter before the court, whether Amendment
pending or completed. If any such person 5-31-6. Participating In Drive-By
attempts to have ex parte communication Shooting - Amendment
with a judge concerning any court matter 5-31-7. Gang Related
pending or completed, it will be the duty of Congregations - Amendment
the judge to whom such an attempt was 5-31-8. Recruiting A Gang Member
made to report the attempt to all parties to In The First Degree -
the case and the official court record. Amendment
(2) No order, judgment sentence or ruling 5-31-9. Recruiting A Gang Member
of a judge of the Rosebud Sioux Tribe Court With Force - Amendment
or the Rosebud Sioux Tribe Supreme Court 5-31-10. Recruiting A Gang Member
shall be subject to review, amendment, or without Force - Amendment
nullification by the Tribal Council or the 5-31-11. Sexual Imposition -
Office of the Tribal President. Any Amendment
legislative, administrative, or executive act 5-31-12. Prohibiting Encouragement
or order which seeks or purports to modify, To Minors To Participate In A
vacate, or nullify any judicial act or order, in Criminal Street Gang -
violation of this ordinance shall be deemed Amendment
null and void as a matter of law. 5-31A-1. Pre-Diversion - Amendment
5-31A-2. Diversion - Amendment
5-30-8. ATTEMPTING TO INFLUENCE A
JUDGE. Any member of the Rosebud Sioux 5-31-1. RIOT. Any person who:
Tribal Council or the Office of the President (1) Simultaneously with two or more other
or Vice President or any of the their persons engage in threatening or violent
employees or agents who shall communicate conduct and thereby knowingly or recklessly
with any Judge of the Rosebud Sioux Tribal creates a substantial risk of causing public
Court or the Rosebud Supreme Court, alarm; or
concerning any Court matter, pending or (2) Assembles with two or more persons
completed is guilty of Attempting to with the purpose of engaging immediately
influence a judge is a Class A crime. thereafter in threatening or violent conduct,
It will be the duty of the Judge to whom such knowing or having reason to believe that two
an attempt to influence was made upon to or more persons in the assembly have the
report the attempt to all parties to the case same purpose;
on the official Court record. is guilty of riot.
Riot is a Class A crime.
5-30-9. NULLIFICATION OF
LEGISLATIVE AND/OR EXECUTIVE 5-31-2. FAILURE TO DISPERSE. Any
person who refuses or willfully fails to obey
ACTION OVER JUDICIAL ACTS. No
an order to disperse or leave the immediate
order, judgment, sentence or ruling of the vicinity given by a law enforcement officer or
Rosebud Sioux Tribal Court or Rosebud other public servant performing the function
Sioux Supreme Court shall be subject to of a law enforcement officer at the scene of a
review, amendment or nullification by the riot, fire, or other public disorder or given in
Rosebud Sioux Tribal Council or the Office of the course of executing or enforcing the law
the Tribal President or the Vice President or

98
or in the course of investigation of the scene to promote or further the criminal objectives
of an accident or the commission of a fire, of the street gang.
crime, or suspected crime is guilty of failure (c) Furnishing advice or direction in the
to disperse. conduct, financing or management of a
Failure to disperse is a Class B crime. street gang’s affairs with the intent to
promote or further the objectives of a street
5-31-3. STREET GANG ACTIVITY AND gang;
(d) Hiring, engaging or using a minor for
MEMBERSHIP. Any person who is a any conduct preparatory to or in furtherance
member of a street gang or involved in street of any offense in this section.
gang activity is guilty of Street Gang Activity (e) Committing, attempting to commit or
and Membership. soliciting one or more criminal offenses
Street Gang Activity and Membership is prescribed by this Ordinance or the Tribal
a Class A crime. Law and Order Code with the intent to
promote or advance the objectives of a street
5-31-4. DEFINITIONS. gang.
(1) “Street Gang” a formal or informal
ongoing organization, association or group 5-31-5. DRIVE BY SHOOTING. Any
of three or more persons who have a person who discharges a firearm or causes
common name or common identifying signs, the propulsion of any explosive or explosive
colors or symbols and have members or device from a motor vehicle whether the
association who, individually or collectively, vehicle is moving or stopped at the time of
engage in or have engaged in a pattern of the discharge or propulsion is guilty of Drive-
street gang activity; By Shooting.
(2) “Street Gang Member” a person who Drive-By Shooting is a Class A crime.
engages in a pattern of street gang activity
and who meets two or more of the following 5-31-6. PARTICIPATING IN DRIVE-BY
criteria:
SHOOTING. Any person who of his or her
(a) Admits to gang membership;
own will is physically present in a vehicle
(b) Is identified as a gang member by a
used in a drive-by shooting is guilty of
documented reliable informant;
Participating in Drive-By Shooting.
(c) Resides in or frequents a particular
gang’s area and adopts its style of dress, its Participating in Drive-By Shootings is a
use of hand signs or its tattoos and Class A crime.
associated with known gang members;
(d) Is identified as a gang member by an 5-31-7. GANG RELATED
informant of previously untested reliability is CONGREGATIONS. Any person, known to
such identification is corroborated by
be a street gang member, as defined above,
independent information;
who is found loitering in a public place with
(e) Has been arrested more than once in
two or more other persons and who fails to
the company of identified gang members for
remove themselves from the area when
offenses which are consistent with usual
ordered by a police officer, property owner
gang activity;
or school authorities is in violation of this
(f) Is identified as a gang members by
Ordinance.
physical evidence, such photographs or
other documentation; or
(g) Has been stopped in the company of 5-31-8. RECRUITING A GANG MEMBER
known gang members four or more times. IN THE FIRST DEGREE. A person commits
(3) “Pattern of Street Gang Activity” the the crime of recruiting a gang member in the
commission, attempted commission or first degree if the person uses or threatens
solicitation by any member or members of a the use of force against a person or property
street gang of two or more or offenses on to include a person to participate in a
separate occasions within a three-year criminal street gang or to commit a crime on
period for the purpose of furthering gang behalf of a criminal street gang.
activity as evidenced by the following: Recruiting a gang member in the first
(a) Intentionally organizing, managing, degree is a Class A crime.
directing or supervising a criminal street
gang with the intent to promote or further the
5-31-9. RECRUITING A GANG MEMBER
criminal objectives of the street gang;
(b) Knowingly enticing and inducing WITH FORCE. A person commits the crime
others to engage in violence or intimidation of recruiting a gang member with force if the
person is 18 years of age or older and with

99
force or threat of force encourages or A. Send out Summons to
recruits a person who is under 18 years of parent(s)/guardian(s) and child.
age to participate in a criminal street gang. B. Parent(s)/guardian(s) and child will meet
Recruiting a gang member with force is with Court Services Officer.
a Class A crime. C. Parent(s)/guardian(s) and child will
acknowledge involvement.
D. Parent(s)/guardian(s) and child will sign
5-31-10. RECRUITING A GANG MEMBER documents to enter Diversion Program.
WITHOUT FORCE. A person commits the I. Documents necessary for Diversion
crime of recruiting a gang member without Program.
force if the person is 18 years of age or older (a) Parental Responsibility Form
and without force or the threat of force (b) Individualized Plan
encourages or recruits a person who is (c) Agreement to attend gang
under 18 years of age to participate in a education classes
criminal street gang. (d) Agreement to attend
Recruiting a gang member without cultural/spiritual education classes
force is a Class B crime. (e) Agreement to attend counseling
with Elders
(f) Agreement to attend specialized
5-31-11. SEXUAL IMPOSITION. A person
parenting program
commits the crime of sexual imposition if the
(g) Agreement to attend alcohol/drug
person engages in a sexual act or sexual
abuse education classes
contact with another or who causes another
II. Schedule of classes will be provided to
to engage in a sexual act or sexual contact,
parent(s)/guardian(s)
whether consensual or not, as part of an
E. If the parent(s)/guardian(s) and child
induction, initiation, ceremony, pledge,
dispute evidence of child’s involvement in a
hazing, or qualification to become a member
gang, an Informal Hearing will be set up
or an associate of any criminal street gang or
before a Hearing Officer.
as a part of a release from a criminal street
I. If the Hearing Officer finds the child is
gang.
involved in a gang, parent(s)/guardian(s) and
Sexual imposition is a Class A crime. child will follow diversion procedure.
II. If the Hearing Officer does not find that
5-31-12. PROHIBITING the child is involved in a gang, the case will
ENCOURAGEMENT TO MINORS TO be closed.
PARCIPATE IN A CRIMINAL STREET F. If there is evidence of continued violation
the child and/or the parent(s)/guardian(s) will
GANG. A parent, guardian, friend or any
be formally charged in Children’s Court.
other relative commits the crime of I. Procedure will be the same as specified
encouraging minors to participate in a in the Rosebud Sioux Tribe’s Law and Order
criminal street gang if the parent, guardian, Code.
friend or any other relatives allow and/or
encourages minors to participate in any
criminal street gang. CHAPTER 32 – HUFFING
Encouraging minors to participate in a
5-32-1. Huffing
criminal street gang is a Class A crime.
5-32-1. HUFFING. Any person who
5-31A-1. PRE-DIVERSION. intentionally ingests, inhales, breathes, or
A. Send out Summons to otherwise takes into his body any substance,
parent(s)/guardian(s) and child. except an alcoholic beverage, for the
B. Parent(s)/guardian(s) and child will meet purpose of becoming intoxicated, unless
with Diversion Officer. such substance is prescribed by a physician
C. Evidence of child’s involvement will be or other practitioner of the medical arts
provided to parent(s)/guardian(s). lawfully practicing within the scope of his
I. Pre-diversion Contract will be discussed practice, is guilty of huffing.
and signed. Huffing is a Class B crime.
D. If there is evidence of continued violation
or participation of the child in gang, the child
and parent(s)/guardian(s) will be referred to CHAPTER 33 – INVASION OF
Diversion. PRIVACY

5-31-A-2. DIVERSION.

100
5-33-1. Trespassing With Intent To Defendant was charged under a section
Eavesdrop which was a Class C crime, and the evidence
5-33-2. Window Peeking established that the same person had been
convicted of the same offense one time
5-33-1. TRESPASSING WITH INTENT TO previously within the last 1 years then such
EAVESDROP. Any person who: event the penalty for the violation of that
(1) Trespasses on property with the intent section would be increased by one class and
the Defendant upon conviction would thereby
to subject anyone to eavesdropping or other
be punished as for a Class B crime.
surveillance in a private place; or
(2) Installs in any private place, without
the consent of the person or persons entitled 5-34-2. DUTY TO REPORT KNOWLEDGE
to privacy there, any device for observing, OF PRIOR CONVICTION. Whenever any
photographing, recording, amplifying, or jailor, probation or parole officer, law
broadcasting sounds or events in such place, enforcement officer, or other Tribal or U.S.
or uses any such unauthorized installation; government official has knowledge that any
is guilty of trespassing with intent to person charged in this Court has been
eavesdrop. previously convicted of a like offense, it shall
It is an affirmative defense to this section that become his duty forthwith t report the same
the actor had legal authorization to engage in to the Tribal prosecutor.
the conduct here prohibited or that the actor
was a law enforcement officer or acting 5-34-3. PRIOR CONVICTION
under the direction of a law enforcement INFORMATION. An allegation that a
officer and engaged in the performance of
Defendant has prior convictions must be filed
lawful duties.
as a separate charge at the time of or before
Trespassing with intent to eavesdrop is arraignment. The information must state the
a Class B crime. times, places, and specific crimes alleged to
be prior convictions and must be signed by
5-33-2. WINDOW PEEKING. Any person the Tribal prosecutor. An official Court
who enters private property of another and record under seal will be sufficient to be
peeks in the door or window of any inhabited admitted into evidence without further
building or structure located thereon without foundation to prove the allegation that the
having lawful purpose with the owner or Defendant has prior convictions
occupant thereof is guilty of window peeking.
Window peeking is a Class C crime. 5-34-4. PROCEDURE WITH REGARD TO
PRIOR CONVICTIONS INFORMATION.
The Defendant shall be apprised of the prior
CHAPTER 34 – HABITUAL
convictions charge and shall be arraigned on
OFFENDERS said charge at the same time as arraignment
on the principal charge. In the event the jury
5-34-1. Increased Penalties For trial on the principal charge, the jury shall not
Persons With Prior be advised of the prior convictions charge
Convictions until they have reached a verdict on the
5-34-2. Duty To Report Knowledge principal crime. If the operative effect of this
Of Prior Conviction chapter is to increase the penalty for the
5-34-3. Prior Conviction Information crime to a point where the right to jury trial is
5-34-4. Procedure With Regard To invoked, the Defendant shall be entitled to
Prior Conviction Information separate jury trials on the principal offense
charged and on the prior convictions charge,
5-34-1. INCREASED PENALTIES FOR although the same jury may hear both cases.
PERSONS WITH PRIOR CONVICTION. In
any criminal prosecution under this Code CHAPTER 35 – GAME, FISH &
where it appears that the Defendant has PARKS CODE
been previously convicted by this Court
under the same statute one or more times 5-35-1. General Provisions and
previously within the last 1 year, the penalty Definitions
for the crime charged shall be increased to 5-35-2. Powers and Duties Of The
the next class which is more severe, one Department Of Natural
class for each prior conviction, which has Resources
been established. An example of what is 5-35-3. Procedural Rules
intended here would be as follows. If a

101
5-35-4. General Licensing, Hunting (2) It shall be lawful for the Department of
and Fishing Provisions - Natural Resources or any person or entity
Amendment appointed by it in writing so to do under the
5-35-5. Big Game Provisions direction of the Director of the Department of
5-35-6. Fishing Regulations Natural Resources, to take fish and wildlife,
5-35-7. Trapping or cut timber for the purpose of inspection,
5-35-8. Forestry cultivation, propagation, distribution,
5-35-9. Recreation scientific, or other purposes deemed by it to
be in the best interest of the fish, game and
5-35-1. GENERAL PROVISIONS AND timber industry of the Tribe.
DEFINITIONS. (d) COOPERATIVE AND RECIPROCAL
(a) INTENT. It is the intent of the provisions AGREEMENTS. The Department of Natural
contained herein to provide for an orderly Resources is hereby authorized, subject to
system on the Rosebud Sioux Indian the approval of the Rosebud Sioux Tribal
Reservation for the management and control Council, to enter into reciprocal and
of the wildlife, fishery, forest, and outdoor cooperative agreements with the State of
recreation resources of the Rosebud Sioux South Dakota and any other governments or
Tribe. governmental agencies, federal or
(b) JURISDICTION. The provisions otherwise, for the purposes of promoting and
implementing fishery, and wildlife
contained herein specifically address all
management programs, forestry programs
lands within the boundaries of Todd County,
and outdoor recreational activities.
South Dakota, all territory of the Tribe
outside of Todd County but within the original (e) DEFINITIONS; INTERPRETATION.
boundaries of the Rosebud Sioux Indian The following terms, words and definitions
Reservation, and all matters contained shall be used in Chapter 35 and shall have
herein relating to propagation, conservation, the meaning so ascribed to them in the
management, distribution, transportation, respective sections unless a different
storage, and taking of fish and game, relating meaning clearly appears from the context.
to the management, conservation and (1) “Reservation” means all territory
control of reservation lands, forests and within the boundaries of Todd County, South
waters for fish and game purposes, and Dakota, all territory outside of Todd County,
relating to fishing, hunting, trapping, timber South Dakota but within the original
harvest, sale, barter, and exchange of fish, boundaries of the Rosebud Sioux
game, timber, and timber products from the Reservation, and any and all territory within
local resources on the Rosebud Sioux Indian the exterior boundaries within that land area
Reservation and relating to the use of boats, referred to as Rosebud Sioux Indian
snowmobiles and other off-road recreational Reservation by federal law.
vehicles on the Rosebud Sioux Indian (2) “Tribe” means Rosebud Sioux Tribe.
Reservation as well as other outdoor (3) “Tribal Court” means Rosebud Sioux
recreational activities are all subject to the Indian Tribal Court.
absolute jurisdiction of the Rosebud Sioux (4) “Department” means Rosebud Sioux
Tribe. Tribal Department of Natural Resources.
(c) FORESTS, FISH AND WILDLIFE (5) “State” means the State of South
Dakota.
PROPERTY OF THE TRIBE. (6) “Possession” means physical
(1) All fish, wildlife and forest resources, possession or control of any undomesticated
now and hereafter within the Rosebud Indian game or nongame animal or parts thereof, on
Reservation, not held in private ownership ones person, premises, motor vehicle, or
legally acquired, and which for the purposes public or private place of processing or
of this code shall include all big game storage.
animals, game birds, water fowl, game fish, (7) “Motor Vehicle” means a motorized
reptiles, amphibians, fur bearing animals, vehicle including any trailed or towed vehicle
and all other forms of wildlife, and all forest which may travel on land, water, snow, or air.
and timber stands, whether harvested or (8) “Big Game Tag” means an adhesive-
unharvested mentioned in these provisions, backed tag issued with big permit which
are hereby declared to be the property of the must be attached around the hock of the big
Rosebud Sioux Tribe and no right, title, game animal at the time it is taken.
interest or property therein can be acquired (9) “Antlered” means a male animal with a
or transferred or the possession thereof had visible antler at least four inches above the
or maintained, except as herein expressly head.
provided.

102
(10) “Anterless” means any animal not Reservation wherein it shall be unlawful to
classified as antlered as defined in number 9 fish, hunt, or trap, said waters may be closed
above. to one or all of these activities depending on
(11) “Loaded Firearm” means any firearm the designation of these waters.
containing cartridges in the chamber, clip or (25) “Predator” means animals which kill
magazine. and eat the flesh of other animals.
(12) “Hunt/Trap” means any effort to kill, (26) “Fur Bearer” means animals which
injure, capture or disturb any wild animal or are taken primarily for sale of their pelts.
wild bird as defined herein. (27) “Resident” means a person whose
(13) “Fish” means any effort made to kill, domicile is in the Rosebud Sioux Indian
injure, disturb, capture, or otherwise Reservation or the State of South Dakota.
possess fish in and from the waters of the (28) “Non Resident” means persons other
Rosebud Sioux Indian Reservation. than residents as defined in number 27
(14) “Carcass” means the dead body of above.
any wild animal to which it refers including (29) “Officer” means a Conservation
the head, hair, skin, plumage, skeleton, or Officer of the Rosebud Sioux Tribal
any other parts thereof. Department of Resources or any other law
(15) “Game” means all wild animals and enforcement officers of the Bureau of Indian
birds for which hunting seasons have been Affairs or Rosebud Sioux Tribe.
established by provisions contained within (30) “Sell” means to offer or possess for
this chapter. sale, barter, exchange or trade or the act of
(16) “Game Fish” means all species selling, bartering, exchanging or trading.
belonging to the paddlefish, sturgeon, (31) “Tag” means a card, table, or other
salmon, trout, pike, catfish, bullheads, identification device issued for the carcass
sunfish, black bass, bluegill, crappies, perch, of any game animal.
walleye, and sauger families of fish species. (32) “Take” means to fish, angle, hunt,
(17) “Rough Fish” means any and all fish pursue, catch, capture, trap, kill or otherwise
species, not included in the game fish possess any wildlife or any attempt to
families. commit any of these acts.
(18) “Nongame Species” means all (33) “Closed Area” means any area where
species of birds and animals which are not by authority of the Department of Natural
listed or covered or provided for within the Resources, hunting and trapping is
provisions of this chapter and are protected. prohibited and to which access or any other
(19) “Restricted water or trout Water” activities may be allowed if signs so state in
means that fishing methods on any lake, conspicuous places along access routes.
pond, stream, or any part thereof may be (34) “Specified Areas” means areas
limited to the use of artificial lures or bait where the taking of game animals is
other than live fish. restricted to the specifications set forth by
(20) “Bag Limit” means maximum number rules, regulations, ordinance, or resolution
of game species which may be legally taken set forth by the Department of Natural
per day and shall include maximum number Resources in conjunction with the Rosebud
of each species of sex. Sioux Tribal Council.
(21) “Possession Limit” means maximum (35) “Wildlife” means any form of animal
number of game species which may be life generally living wild in a state of nature,
possessed. endowed with sensation and the power of
(22) “Seasons” means all of the time voluntary motion, including all wild mammals,
during the entire year except during the birds, fish, reptiles, amphibians and their
“open season” as specified by regulation or eggs, nests, and spawn, and any animals,
ordinance of the Rosebud Sioux Tribal birds, or fish which are part of a Department
Council. program which may be in semi domesticated
(23) “Open Season” means the time state.
specified by rule, regulation, order, (36) “Bait” means any food item including
resolution or ordinance or the Rosebud Sioux but not limited to shelled or unshelled grains,
Tribal Council when it shall be lawful to hunt, shucked or unshucked grains, beans, alfalfa
fish, or trap for any animals, birds or fish. hay, food supplements, salt, and any other
Each period of said time shall be specified as items which entices or attracts game to a
an “open season” and the period during each particular place.
day when these activities can legally take (37) “Baiting” means the act of putting
place. out, scattering, or in other ways distributing
(24) “Closed Waters” means any lake, bait for the purposes of attracting and taking
pond, river, stream, body of water or any any game animal or hunting over bait.
part thereof within the Rosebud Indian

103
(38) “Snagging” means the use of hook or Hungarian Partridge; family Columbideau
hooks and line, with or without a pole, to Mourning Dove; Cotton Rabbit, Eastern Fox
impale or attempt to impale fish in a manner Squirrel, Gray Squirrel, and Pine Squirrel.
other than by natural feeding behavior by (50) “Big Game” shall be defined as wild
fish. Turkey and any undomesticated
(39) “All-Terrain Vehicle” means any clovenhooved ungulate, including whitetail
motorized vehicle designed for or capable of deer, mule deer, antelope, elk and buffalo,
travel over unimproved terrain. for which harvest may be established by the
(40) “Recreational Vehicle” means any Rosebud Sioux Tribe.
snowmobile or all-terrain vehicle engaged in (51) “Unprotected Species” means those
off-highway recreational use. species of birds and animals which are not
(41) “Snowmobile” means any motorized protected under the provisions of this
vehicle designed for travel on snow and/or Chapter, and for which, year round hunting is
ice and supported in whole or in part by skis, allowed. This shall include the following:
belts, cleats, runner, or low pressure tires. Prairie Dog, Jackrabbits, Groundsquirrels,
(42) “Bait Fish” means any fish or minnow Crows, Purple Grackles, All species of
which is used for angling or the capture or Skunks, Redwing Black Birds, European
taking of fish. Startling, Raven, Brewer’s Blackbirds and
(43) “Live Bait” means the use of any Bronzed Grackles.
baitfish, amphibian, or any other animal while (52) “Water Fowl” means any wild geese,
alive for angling. brants, or wild ducks.
(44) “Cold Water Fishery” means any lake,
pond, stream, creek or river or any part 5-35-2. POWERS AND DUTIES OF THE
thereof which is managed for trout, and DEPARTMENT OF NATURAL
where the use of live bait and bait fish is
prohibited. RESOURCES.
(45) “Creel Limit” means the maximum (a) RECOGNITION. There is hereby
number of any species of fish which may be recognized within the scheme of government
legally taken per day. of the Rosebud Sioux Tribe the Department
(46) “ Trot Line” means any line used for of Natural Resources as has heretofore been
fishing with one or more hooks which is not established by the Rosebud Sioux Tribal
used with a conventional rod and reel and is Council.
left unattended which shall include but not be (b) POLICY AND INTENT. It shall be
limited to the terms throw line, set line, limb and is hereby established as the policy and
line or jug line. intent of the Department of Game, Fish and
(47) “License” means the primary Parks, in conjunction with the Rosebud Sioux
document issued by authority of the Rosebud Tribal Council for establish the following:
Sioux Tribe which grants authority to engage (1) To provide adequate and flexible
in activities covered by the provisions of this system for the protection and conservation
Chapter. of all forestry, fish and game resources on
(48) “Permit” means a secondary the Rosebud Sioux Indian Reservation;
document including stamps, requiring a (2) To provide for the establishment of
license as a prerequisite to its issuance, rules, regulation and ordinances relating to
which grants authority to engage in certain the harvest of fish, wildlife and timber on the
specified activities under the provisions of Rosebud Sioux Indian Reservation;
this chapter, within the parameters of Tribal (3) To provide for the general
rules and regulations governing these management and supervision of all wildlife,
activities. fishery, forestry and outdoor recreational
(49) “Small Game” shall be defined as activities on the Rosebud Sioux Indian
including the following: Family Anatidate Reservation;
limited to geese, brants, dabbling ducks, (4) To provide for the establishment of
diving ducks, tree ducks, sea ducks, and license requirements, prohibited acts,
mergansers; Family Rallidae including coots penalties in regard to wildlife, fishery,
(mudhens) and gallinules (Rails and Soras); forestry, and outdoor recreational activities
Family Charadiidae including plovers and on the Rosebud Sioux Indian Reservation.
turnstones; Family Scolopacdae including (c) REGULATIONS AND
snipe, woodcock, and sandpipers;
ORDINANCES, CONTENT. The
Gallinaceous Birds with the exception of
Department of Natural Resources shall, from
family Malaegrididae wild turkeys to include
time to time recommend to the Rosebud
family tetraonidae Sharptail grouse and
Sioux Tribal Council for the adoption,
Prairie chicken; Family Phasiandidae
amendment, promulgation, or repeal of such
Bobwhite Quail, Ringneck Pheasant, and

104
regulations and ordinances, consistent with (9) To establish fees and license costs
the policy, objectives and intent of this for hunting seasons, general, special or
Chapter as it may deem necessary or otherwise.
desirable in the public interest in carrying (10) To establish rules and regulations
out the policy and provisions of this Chapter. governing the operations of boats upon
Such regulations and ordinances, shall waters located within the exterior
without limiting the general powers herein boundaries of the Rosebud Sioux Tribe.
conferred, include the following: (11) To establish rules and regulations
(1) To fix seasons and shorten, extend governing the operation of snowmobiles and
or close seasons on any species of wildlife in other all-terrain recreational vehicles on the
any specific locality or localities, or in the lands of the Rosebud Sioux Tribe, which shall
entire reservation, when it shall be found, also include aircraft.
after investigation, that such actions (12) To establish guidelines, rules and
necessary either to assure maintenance of regulations for the harvest of timber and to
an adequate supply thereof, to regular supervise such activities in such a way as to
taking, or to effectuate proper game perpetuate the timber resources and to
management and control. provide for sustained yield.
(2) To close or open lakes, streams,
and refuges or parts therefore to angling, 5-35-3. PROCEDURAL RULES.
trapping or hunting, and to regulate and (a) OFFICER OF DUTIES. It shall be
prescribe the means by which wildlife may be
the duty of every Tribal Conservation Officer
taken as may be best to perpetuate, restore,
and Tribal Law Enforcement Officer to
increase or control any species of wildlife
enforce the rules, regulations and
and assure an adequate supply thereof, and
ordinances promulgated hereunder relating
to regulate the transportation and storage of
to hunting, fishing, trapping, and all other
all wildlife or parts thereof within the
regulations which may relate to all activities
boundaries of the Rosebud Sioux Indian
pursuant to the policy and intent of this
Reservation and the shipment or
Chapter and such officers may issue
transportation off of the Rosebud Sioux
citations and/or make arrest and bring
Indian Reservation.
before the proper court any persons violating
(3) To establish or change bad limits & the provisions of this Chapter or any of the
possession limits.
regulations, ordinances or rules adopted
(4) To establish and change territorial
thereto pertaining to the policy intent and
limits for the taking of all species of wildlife.
purposes of this Chapter.
(5) To prescribe the types of or kinds of
bait, lures, tackle, equipment, trap, firearms (b) RELATION TO CRIMINAL
and weapons, the tagging of game or fish or PROCEDURES UNDER THE ROSEBUD
parts thereof or any other means or devices SIOUX TRIBAL CODE. Unless other wise
for taking of such wildlife. provided for within in this Chapter the
(6) To designate the areas for hunting procedural and substantive provisions of the
with bow and arrow and seasons therefore. Rosebud Sioux Tribal Code relating to
(7) To establish big game, small game, criminal procedure and substantive crime
fish, and/or furbearing animal refuges, shall apply within this chapter.
production areas, demonstration areas, and (c) SEARCH. Any Officer may search
research areas; when private property is to without warrant any conveyance vehicle,
be included in one of the above, written game bag, game basket, game coat or any
consent of the owner must first be obtained; receptacle, for game animals, birds, fish, or
all boundary lines shall be posted at the any package, box hunting camp or similar
usual place of ingress with signs bearing place where he has reason to believe
instructions and title of the Department of contains evidence of violation of this code,
Natural Resources of the Rosebud Sioux regulations, ordinances or rules adopted
Tribe. hereunder pertaining to hunting, fishing or
(8) To establish methods for checking trapping.
hunters, fishermen, trappers into and out of
(d) AUTHORITY TO ENTER PRIVATE
designated areas, to prescribe safety and
fire control measures and other regulations LAND. Any Officer in the course of his duty
as may be deemed necessary in the interest may enter upon any lands or waters of the
of range, forest, game, fish or furbearing Rosebud Sioux Indian Reservation and
animal management, and for the safety and remain thereon while performing such duties
welfare of hunters, trappers, fishermen, hereunder, and such actions by such
landowners and the Rosebud Sioux Tribe. Officers shall not constitute trespass.

105
(e) SEIZURE. Any Officer may upon SMALL GAME
probable cause, seize without warrant, all Ducks $25.00 $50.00
birds, animals, or parts thereof taken, killed, Geese $50.00 $50.00
transported or possessed, contrary to the Pheasants $25.00 $25.00
provisions of this Chapter or any regulation, Grouse &
rule or ordinance pertaining to hunting, Prairie Chicken $20.00 $20.00
fishing, or trapping, and or gun, trap, net, Mourning dove $10.00 $10.00
seine, decoy, bait, boat, light, fishing tackle, Hungarian $10.00 $10.00
or other device unlawfully used in hunting, Partridge $10.00 $10.00
fishing, or trapping, or held with the intent to Rabbits $10.00 $10.00
unlawfully use for hunting, fishing or FISH – All fish, regardless of species, will
trapping. have a value of $2.00 per inch.
(f) FORFEITURE PROCEDURE. Any FURBEARERS Male Female
Coyote $75.00 $75.00
contraband game or fish seized shall be
Fox $75.00 $75.00
subject to forfeiture at the order of the Tribal
Bobcat $300.00 $500.00
Court of the Rosebud Sioux Tribe after notice
Mountain Lion $500.00 $1,000.00
and opportunity for hearing or trial as
Mink $50.00 $50.00
herewith set forth. In case it appears upon
Raccoon $50.00 $50.00
the sworn complaint of the Officer making
Weasel $30.00 $30.00
the seizure that any articles seized were not
Badger $30.00 $30.00
in the possession of any person, and that the
Porcupine $30.00 $30.00
owner thereof is unknown, the Court shall
NONGAME SPECIES – All songbirds (except
have the power and jurisdiction to forfeit
unprotected species) will have a value of
such articles unknown by publishing such
$15.00
summons in any newspaper or of general
circulation for a period of two successive
issues. The summons shall describe the 5-35-4. GENERAL LICENSING,
articles seized and shall give the owner 15 HUNTING AND FISHING PROVISIONS.
days from the date of the last publication to (a) LICENSE AND PERMIT. License
appear before the Tribal Court and contest and permit fees for hunting and fishing within
the forfeiture. the exterior boundaries of that land area
(g) FORFEITURE; DISPOSITION OF wherever situation known as the Rosebud
PROPERTY. In the event that the Tribal Sioux Indian Reservation shall be established
court orders forfeiture of any articles seized, by the Rosebud Sioux Tribal Council by
such articles shall be sold at auction with resolution as it deems annually without need
proceeds going to the Department of Natural to amend this Ordinance.
Resources. If any articles are not declared (b) GENERAL HUNTING LICENSE.
forfeited by the Order of the Tribal Court, The general hunting license is required of
they shall be returned to the person from every hunter within the exterior boundaries
whom seized, after the completion of the of that land wherever situated known as the
case and the fines and liquidated damages, if Rosebud Sioux Indian Reservation; hunters
any, have been paid. If fines and/or between the ages of 12 and 15 years
liquidated damages are assessed by the inclusive must possess a certificate of
Court and not paid within a period of time to competency or a hunters safety card and
be established by the Court, the Court may must be accompanied by a parent, guardian
dispose of said property as described above. or responsible adult while in the actual acts
(h) CIVIL LIABILITY TO THE TRIBE. of hunting; the general hunting license
Upon conviction of an offense where the provided for hereunder shall not be issued to
defendant has illegally taken, killed or anyone under the age of 12.
possessed any species of fish or wildlife, the (c) PERMIT TO HUNT BIG GAME. It
defendant shall be liable for liquidated shall be unlawful for any person to hunt any
damages. The minimum damages to be paid big game animal except persons to whom a
to the Department of Natural Resources shall tribal game permit has been issued.
be as follows: (d) SMALL GAME PERMIT. The small
game permit as provided for herein is
BIG GAME Male Female required of every hunter who hunts small
Deer $150.00 $300.00 game, including migratory water fowl.
Antelope $150.00 $300.00 (e) FISHING LICENSE. It shall be
Elk $1,500.00 $1,500.00
unlawful for any person to take fish, frogs,
Buffalo $1,500.00 $1,500.00
Turkey $75.00 $75.00

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turtles, or any other form of aquatic life (n) HUNTING FROM MOTOR
without a valid Tribal fishing license. VEHICLE OR SNOWMOBILE UNLAWFUL.
(f) HANDICAPPED HUNTERS. It shall be unlawful for any person to chase,
Licensed hunters who are paraplegic or drive or harass or hunt any game animal,
otherwise physically unable to walk with or game bird or any other form of wildlife with
without crutches, braces, or other or from a motorcycle or snowmobile.
mechanical support devices in the fields or (o) USE OF AIRCRAFT FOR
woods, and who have obtained special
permits from the Department, may shoot HUNTING PROHIBITED. It shall be
from a standing vehicle in the course of unlawful to hunt from an airplane or any form
hunting game animals or game birds. of aircraft within the exterior boundaries of
the Rosebud Indian Reservation or any trust
(g) PROTRUDING GUNS. Except as
land of the Tribe outside of Todd County:
otherwise provided for herein it shall be
(1) It shall be unlawful to assist in any
unlawful for any gun or firearm to protrude
way hunters on the ground with the aid of an
from any motor vehicle or conveyance while
aircraft, to spot game for the purpose of
on a highway or public road within the
making it less difficult to harvest game, or to
exterior boundaries of that land area known
disturb, rally, drive, stirrup, or otherwise
as the Rosebud Indian Reservation.
harass any game or other wildlife species
(h) DISTURBING WILDLIFE with an airplane;
PROHIBITED. No person shall scare, (2) It shall be unlawful to hunt big game,
chase, harass, disperse, rally or otherwise predators, furbearers, and waterfowl on the
disturb any wildlife by means of other than by same day that one has flown aircraft over,
legal hunting methods and in the ordinary around or through the Rosebud Indian
course of hunting. Reservation.
(i) SIZE OF PARTY LIMITED. No more (p) POSSESSION OF UNLAWFULLY
than twenty (20) persons shall cooperate as TAKEN OR IMPORTED BIRD, ANIMAL
a group in hunting. OR FISH UNLAWFUL. It shall be unlawful
(j) HUNTING METHODS for any person, at any time, to have in his
RESTRICTED TO SHOULDER GUNS AND possession or under his control, any bird,
BOWS AND ARROWS. No person shall at animal, fish, or any part thereof, which has
any time hunt any game bird or game animal been unlawfully taken on the Rosebud Sioux
in any other manner than by shooting with a Indian Reservation, this state or any other
gun held to the shoulder or with a bow and state or Indian Reservation which has been
arrow with a draw weight of at least twenty unlawfully transported into this reservation.
pounds and a draw peak of twenty eight (q) POSSESSION DURING CLOSED
inches at the draw peak of draw, except that SEASONS AS PRIMA FACIE EVIDENCE
large caliber handguns of the calibers .41 OF TAKING DURING CLOSED SEASON.
and .44 caliber may be used in taking of big
The possession or having under control by
game animals; all cross bows or various
any person of any bird, animal, fish or part
forms thereof shall be illegal.
thereof at any time when the killing, taking or
(k) USE OF RIFLES TO HUNT BIRDS possession thereof is by the law of the
PROHIBITED. The use of rifles in the Rosebud Sioux Tribe declared to be unlawful,
hunting of game birds is prohibited, except shall be prima facie evidence that such
that rifles using center fire cartridges may be taking or killing has occurred the closed
used in the hunting of wild turkeys. season.
(l) USE OF ARTIFICIAL LIGHT IN (r) INSPECTION AND COUNTING OF
HUNTING PROHIBITED. No person shall BIRDS, ANIMALS AND FISH TO BE
take or attempt to take any game or wild PERMITTED BY PERSON IN
animal with the aid or use of artificial light, POSSESSION. Every person having in
except raccoons after they have been treed
possession any game, bird, animal or fish or
with the aid of dogs.
any part thereof, shall upon the request of
(m) HUNTING FROM A MOTOR any person authorized to enforce the game
VEHICLE PROHIBITED. No person while in and fish laws of the Rosebud Sioux Tribe,
or on a motor vehicle or any conveyance permit the inspection and count of such
attached thereto shall take game nor birds, animals or fish in his possession, and
discharge any firearm at any wild animal any motor vehicle may be stopped for such
while on a public highway or in a field of inspection and count by any uniformed law
unharvested grain. enforcement officer.

107
(s) USE OF CITIZEN BAND RADIOS made unlawful and provided for herein shall
PROHIBITED. It shall be unlawful to use be deemed to have committed an offense
against the Rosebud Sioux Tribe and the
citizen band radio from either base stations
peace and dignity thereof an may be fined in
or vehicles to make it easier or less difficult
an amount not to exceed $500.00, and may
to harvest any form of wildlife on the
be sentenced to a period in the Rosebud
Rosebud Reservation.
Sioux Jail facilities for period not to exceed 6
(t) ACCOMPANIED BY UNLICENSED months or both such fine and imprisonment;
HUNTER. It shall be unlawful for anyone to in addition thereto the civil liabilities as
accompany properly licensed hunters in the provided for within this Chapter shall be
field with a bow and arrow or firearm of any applied as against anyone who is convicted
type without possessing a valid tribal hunter and sentenced and fined hereunder.
license and permit for the wildlife species
being hunted. 5-35-5. BIG GAME PROVISIONS.
(u) LICENSING, (a) BIG GAME TAGGING. The locking
MISREPRESENTATION. seal issued with each big game permit shall
Misrepresentation of identity, age, or be attached securely around one leg
residency while purchasing a tribal license between the hoof and knee joint.
or tribal permit shall be unlawful and shall (b) GENERAL. No big game animal
constitute fraud. shall be hunted or harvested by any other
(v) TRANSFER/ALTERATION OF method than is prescribed by this Code.
LICENSE. Tribal licenses and tribal permits (c) BAITING. It shall be unlawful to use
shall be valid only for the person whose name bait of any kind to attract big game animals
appears on the license and/or permit; further while hunting or to hunt or take big game
it shall be unlawful to alter or change in any over bait.
way any tribal license or permit after being (d) EVIDENCE OF SEX. After
issued by the Department or authorized harvesting a big game animal evidence of sex
vendor. must be left attached to the carcass.
(w) DESTRUCTION OF PROPERTY. Suitable evidence of sex shall include
No person shall deface, mutilate, shoot at scrotum, udder, head, or identifiable
,tear or pull down, or destroy any sign on the portions of reproductive organs.
Rosebud Indian Reservation, nor shall any (e) SILENCING. It shall be unlawful to
person cut, run through, tear out, take down, use any mechanism to silence, muffle, or
and leave down, fence, or leave gates open minimize the report of any firearm while
or in any way destroy gates or fence on any hunting big game.
lands on the Rosebud Sioux Indian
(f) HUNTING FOR ANOTHER. No
Reservation; in addition to the penalty
person shall hire another person to hunt big
provided for violating this provision, any
game for him nor shall any person hunt big
person convicted of such a violation may be
game for another with or without any form of
required by the convicting court to pay for all
compensation.
damages resulting from such violation.
(g) DISTURBING WILDLIFE
(x) WASTE PROHIBITED. No person
shall want only waste or destroy any of the PROHIBITED. No person shall scare,
birds, animals, or fish of the kinds protected chase, harass, disperse, call or otherwise
by the laws of the Rosebud Sioux Tribe. disturb any wildlife by means other by legal
(y) FINANCE. All revenue taken in by hunting methods and in the ordinary course
of hunting.
the Department from hunting, fishing, and
trapping licenses and permit sales, timber (h) ACCOMPANIMENT PROHIBITED.
harvest permit, bait vendors license, sale of No big game permittee, while hunting in the
timber and timber products, sale of any field during any big game season shall be
species of wildlife, receipt of liquidated accompanied by any non-licensee or non-
damages and fines from violations of this permittee carrying any firearm or bow and
code will be used to operate the Department arrow. A “non-licensee” or “non-permittee”
and the Department programs to implement is a person not having a big game license for
the best possible management and practices the same season.
for tribal natural resources. (i) MINIMUM CALIBER OR BIG GAME
(z) PUNISHMENT. Unless otherwise AMMUNITION. It shall be unlawful for any
specifically provided for within this Chapter person to hunt any big game animal with a
or any subsection thereof, any person firearm which discharges a projectile of a
convicted hereunder for the acts or omission diameter less than 22/100 of an inch. The

108
cartridge must contain a soft point or animals, or fish or parts thereof, in violation
expanding bullet. of any law of this Tribe or any legally
(j) MINIMUM LENGTH OF BIG GAME prescribed pertinent regulations of the
AMMUNITION. It shall be unlawful for any Department of Natural Resources, or any
common carrier or agent or agents thereof
person to hunt any big game animal with a
who aids or abets any person in shipping
cartridge less than two inches in length,
except with large Caliber handguns. such game animals of fish, or has the same in
his possession with intent to ship or convey
(k) LARGE CALIBER HANDGUNS. It to any point either within or without this
shall be unlawful to hunt any species of Reservation contrary to law, shall be guilty of
wildlife on the Rosebud Sioux Reservation a misdemeanor.
with a handgun, except that big game may be
(s) ARCHERY EQUIPMENT
hunted with handguns of .41 caliber and .44
caliber using factory loaded ammunition with RESTRICTIONS. No person hunting with
expanding bullets and with at least a 4 inch bow and arrow shall use or possess
barrel. All other calibers of handguns shall explosive points, poisonous points, barbed
be illegal for hunting of big game. points, or cross bows.
(l) MINIMUM CALIBER OF MUZZLE- (t) MINIMUM SIZE OF BOW AND
LOADING GAME AMMUNITION. It shall ARROW. Big game permittees hunting with
be unlawful for any person to hunt big game bow and arrow shall be equipped with a bow
with any muzzle loading rifle which of not less than forty pounds pull at twenty-
discharges a projectile of a diameter less eight inches of draw or at peak of draw,
than 42/100 of an inch. capable of shooting an arrow one hundred
(m) MAXIMUM NUMBER OF twenty-five yards. The cutting edge of the
arrowhead must be of steel and not be less
CARTRIDGES IN SELF-LOADING than 7/8 inches wide and not less than 1½
FIREARMS USED TO HUNT BIG GAME. inches long. The shaft of the arrow must be
No self-loading firearm that holds more than at least 24 inches long. Broadheads must be
six cartridges may be used to hunt any big of reasonable sharpness (razor sharp). Each
game animal. cutting blade of the broadhead must be of
(n) BUCKSHOT PROHIBITED IN one place, and all broadheads with spiral
HUNTING BIG GAME. No buckshot may be shaped cutting surfaces are prohibited.
used, and no single call or rifled slug (u) ARCHERS PROHIBITED FROM
weighing less than ½ ounce may be used in POSSESSING FIREARMS. No person
hunting big game animals. licensed in season restricted to archery only
(o) DOGS PROHIBITED IN HUNTING shall possess any firearm in the field while
BIG GAME. No dog shall be used in the hunting with bow and arrow.
hunting of big game animals. (v) TAGGING REQUIREMENTS FOR
(p) USE OF SALT TO ATTRACT BIG BIG GAME. No big game animal taken on
GAME PROHIBITED. No person shall place this Reservation shall be transported unless
any salt or salt lick or construct a blind or the tag bearing the licensee/permittee’s
stand at or near any salt lick for the purpose number for that season, has been securely
of hunting big game animals. attached at the time the big game animal is
brought into any hunting camp, dwelling,
(q) USE OF ARTIFICIAL LIGHT IN
farmyard, or other place or abode of any kind
HUNTING BIG GAME PROHIBITED. It occupied overnight or in the event such big
shall be unlawful to use any artificial light in game animal is brought out to a road or trail,
taking or attempting to take big game then before the same is placed upon or in a
animals, or to use artificial light in big game vehicle of any kind. All tagging instructions
areas while in possession of a firearm or bow printed on the tag must be followed.
and arrow.
(r) UNLAWFUL TAKING, 5-35-6. FISHING REGULATIONS.
POSSESSION, SALE OR (a) LABELING AND ACCESS TO
TRANSPORTATION OF GAME BIRDS, FISHING HOUSES. Fish houses, shanties,
ANIMALS, OR FISH. Any person who or other shelters must display on the outside
takes, catches, kills, or has in his possession the name and address of the owner in letters
with intent to sell; sells, or causes to be at least 2 inches high. The door must permit
conveyed; has in his possession with intent entry at all times except when unoccupied
to ship or convey to any point, either within and locked from the outside. All such
or without this Reservation, any game birds, shelters must be removed from the ice by

109
March 5 or earlier, as determined by the (h) SNAGGING; UNLAWFUL. To catch
Department. or take any fish by hand fishing, toe fishing,
(b) ICE HOLE SIZE RESTRICTIONS. snagging, or by use of brush lines, jug or
No hole shall be cut or drilled through the ice float line fishing, or any other similar device;
or a greater diameter than 12 inches, nor snagging as prohibited by law, shall not
shall the length of any side of the ice hole include hooking when the fish by its action
exceed 12 inches which is used for ice takes into its mouth a bait or lure. A fish
fishing. hooked in any manner must be immediately
(c) REFUSE LEFT ON ICES. It shall be released into the water from which it came if
unlawful for any person to deposit any form not immediately released, the person
of organic or inorganic waste on the ice of hooking the fish shall be guilty of snagging.
any water of the Rosebud Sioux Reservation. (i) SEINES; NETS; SPEARS; TRAPS;
(d) FISHING RESTRICTED TO UNLAWFUL. It is unlawful for any person to
AUTHORIZED METHODS. It shall be have in his possession any seine trammel
unlawful to catch or attempt to catch, take, net, hook net, gill net, fish gig, fish spear, fish
or kill any fish by any method, except as trap; or other device, contrivance or material
provided in this Code. for the purpose of taking fish, except as
(e) MAXIMUM NUMBER OF LINES otherwise provided for by law.
(j) DELETERIOUS SUBSTANCES;
AND HOOKS. It shall be unlawful for any
person to fish with more than two lines at the EXPLOSIVE; UNLAWFUL. It is unlawful to
same time, and no more than three hooks place in or upon any waters within the
shall be attached to the same line. Artificial Rosebud Sioux Reservation any deleterious
lures constitute one hook, regardless of the substances, or fish berries, or to place or
number of gang hooks attached. explode dynamite, giant powder, lime,
(f) ROUGH FISH: DEFINITION; nitroglycerine or any other explosive of any
character or kind in any waters on the
CONDITIONS. It is legal to take certain Rosebud Sioux Tribe, with the intent to take
rough fish by means of bow and arrow. or kill, stun or wound fish.
“Rough Fish” means; Paddle fish, carp,
(k) RODS, LINES, BAITED HOOKS. It
buffalo, carpsuckers, suckers, gar, drum,
is unlawful to take fish by any other means
and gizzard shad.
than by rods, lines and baited fishhooks,
(1) Each bow and arrow shooter shall
except as provided by law.
have in his possession a valid Tribal fishing
license. (l) BAIT MINNOWS.
(2) The minimum weight of bows shall (a) The taking of the common bait
be twenty-five pounds. minnow (family Cyprinidae) and top minnows
(3) The maximum length of arrows shall or killifish (family Cyprinodontidae) from
be thirty-two inches. streams, rivers, and lakes of the Rosebud
(4) Each arrow must have a barbed Sioux Reservation, for use as bait, is
head. permitted subject to the limitation that
(5) Each arrow must be shot from a possession of such minnows and/or small
bow. fish taken in excess of 500 per day is
(6) A line must be attached from bow to prohibited and declared to be unlawful.
arrow. (b) It is lawful to have and use, for the
(7) It shall be unlawful to take fish using sole purpose of taking minnows for a bait, a
a crossbow minnow seine not more than four feet wide
(g) ROUGH FISH AREAS; and fifteen feet long with a mesh not larger
than one-fourth inch square measure; and a
RESTRICTIONS. All streams, lakes, ponds, glass or wire minnow trap with throat not
and other waters in the Rosebud Sioux larger than one inch in diameter, any other
Reservation are subject to Tribal Games, seine or seine of device shall be unlawful.
Fish & Parks Regulations relative to fishing, (c) The taking of bait minnows for
and are open to the taking of certain rough resale, trade, or other commercial purpose is
fish by means of bow and arrow, except that prohibited, except as otherwise provided in
all water areas within a distance of 100 yards the Rosebud Sioux Tribal Code.
of any boat dock, swimming area, picnic
(m) BAIT VENDORS LICENSES. It
area, or other place where people are
shall be unlawful to sell, trade, or barter
congregated, are closed to bow and arrow
baitfish on the Rosebud Sioux Reservation
fishing. Bow and arrow fishing is permitted
without possessing and displaying in a
only during daylight hours.
conspicuous place a valid Rosebud Sioux
Tribal Bait Vendor’s License.

110
(n) PURCHASE OF LICENSE. The bait traps shall be set within 200 yards of any
Vendor’s License may be purchased from the Cemetery.
Department of Natural Resources and is (f) TRAPPING GAME ANIMALS
valid until December 31 of the year of UNLAWFUL. It shall be unlawful to trap any
issuance. The cost of the Bait Vendor’s small or big game animals. Only furbearers,
License is determined by the Department of predators, and unprotected species may be
Natural Resources. legally trapped.
(o) GAME FISH, CATFISH, ROUGH (g) TRAPPING ON PRIVATE LAND. If
FISH AS BAIT UNLAWFUL. It shall be trapping is to take place on leased land, the
unlawful to sell, trade, or barter game fish, lesser must be notified prior to setting traps.
catfish or rough fish as bait, or for any other (h) TRAPPING PROTECTED
purpose on the Reservation. No baitfish shall SPECIES. If protected species are trapped,
be introduced to any waters of the
the animal shall be left undisturbed and the
Reservation for any purpose unless,
Department of Natural Resources notified.
specifically authorized by the Department.
(i) STEEL LEGHOLD. No steel leghold
(p) BAIT FISH IN WATERS
traps larger than 14 are permitted.
UNLAWFUL. It is unlawful to empty the
(j) HARVESTING BOBCATS;
contents of any minnow bucket or otherwise
introduce bait minnows or fish of any species TAGGING. Bobcats may be harvested
into the waters of the Rosebud Sioux Tribe. between December 16 and January 15 and
upon harvesting a bobcat the unskinned
(q) BAITFISH IN RESTRICTED
carcass must be presented to a
WATERS UNLAWFUL. It is unlawful to use Conservation Officer for inspection and
bait minnows while fishing in any restricted tagging. Bobcats shall not be sold without
waters prohibiting the use of bait minnows or being tagged by a Conservation Officer.
any cold water fishery of the Rosebud Sioux (k) POSSESSION OF PREDATOR,
Tribe.
FURBEARER. No predator or furbearer
(r) FROGS.
shall be held in possession by anyone while
(1) A valid Rosebud Fishing license is
in a living state, except that one furbearer
required for any person to take, catch or kill
may be kept as a pet under humane
bullfrogs, except those people exempt by law conditions.
from having such a license.
(2) Bullfrogs may legally be taken by (l) PHYSICAL ALTERATION OR WILD
hand, dip-net, and hook and line. Any and all PREDATOR OR FURBEARER. No wild
other means and methods of catching, taking predator or furbearer which it to be kept as a
and/or killing bullfrogs are prohibited. pet shall physically altered in any way. This
shall include declawing, defanging,
5-35-7. TRAPPING descenting, spaying, or any other intentional
(a) TRAPPING; MEMBERS, physical alteration.
NONMEMBERS. Trapping of furbearers on (m) NUMBER OF PREDATOR OR
the Rosebud Reservation is limited to tribal FURBEARER; PETS. No wildlife species
members only, except that non-members other than one predator or furbearer may be
farmer/ranchers may trap predators in the kept as a pet or held in possession by anyone
course of their farm and ranch operation for while in a living state.
animal damage control.
(b) TRAPS; MAKING. All traps will be 5-35-8. FORESTRY.
marked with the owners name and address. (a) OWNERSHIP. All timber resources
(c) TRAPS; DISTURBING. No one shall on the Rosebud Indian Reservation are
disturb in any way another person’s trap owned by the Tribe, except for tree claims
sets, harass, kill, or take a trapped animal and other tree stands located on private
from another person’s trap set. lands within the Reservation.
(d) TRAPS TO BE CHECKED. Traps (b) MANAGEMENT. The management
set shall be checked at least once every 48 and control of all tribal timer resources is
hours. delegated to the Rosebud Sioux Tribal
(e) TRAPPING AREAS. No traps shall Department of Natural Resources and the
be set within 200 yards of any house, Natural Resources Committee.
dwelling, community, town, city limits, public (c) SALES. The sale of timber and
use area, picnic area, or other place where timber products from tribal timber stands is
public gatherings are likely to take place. No under the control of the Rosebud Sioux Tribal

111
Department of Natural Resources and the from the standpoint of operations or
Natural Resources Committee. resources damage susceptibility.
(d) TIMBER RESERVE ACTIVITIES. (k) CUTTING WITHOUT PERMIT;
All harvest, collection of firewood vehicular UNLAWFUL. It shall be unlawful to cut, dig,
travel, and recreational activities within the or in any other way remove living trees from
Rosebud Sioux Tribe Timber Reserve is Tribal lands for any purpose without
under the control of the Department of possessing a valid timber harvest permit
Natural Resources. issued by the Department of Natural
(e) TIMBER HARVEST REGULATED. Resources.
(1) All harvest products will require (l) CUTTING AREAS AND TIME;
supervision by the Natural Resources UNLAWFUL. It shall be unlawful to cut, dig,
Department, based upon prior contract in the
or in any other way removed living trees from
form of “Timber Harvest Permit”, and issued
tribal lands other than those trees
by the Natural Resources Department.
designated for removal by the Department,
Validity requires Concurrence by the Bureau
and within the areas or areas designated for
of Indian Affairs.
harvest, and only during the time frame
(2) A schedule of stumpage fees will
established by the Department, as shown on
apply as set by the Tribal Council from time
the Timber Harvest Permit.
to time.
(a) Dry Wood (m) DAMAGE; WASTE; UNLAWFUL. It
(b) Live Trees shall be unlawful to harvest trees in a
I. Public Use careless manner, which could cause damage
II. Personal Use to adjacent trees or property, or to wantonly
1. Post & hole damage or destroy living trees or to limb
2. House logs living trees for any purpose, unless
3. Christmas trees authorized by the Department.
4. Ornamental stock (n) SALE WITHOUT
5. Seedlings AUTHORIZATION; UNLAWFUL. It shall be
6. Firewood unlawful to sell, barter, or trade any timber or
(3) Monies collected will be credited to timber harvest products taken from tribal
the Natural Resources Department with the lands unless such sale is authorized by the
stipulation that they support Forest Department, and the operation is part of a
management/conservation practices. program authorized by the Department.
(f) TREES. All live trees to be cut will be (o) REMOVAL FROM PROGRAM
so designated prior to harvest, with a paint AREAS; UNLAWFUL. It shall be unlawful to
type mark applied by the sale supervisor. remove any trees, parts thereof, or timber
(g) STUMPS. Stumps shall be cut as harvest products form a work area in which a
low as practicable to avoid waste. The Department approved timber management
means height of any stump shall not exceed program is occurring/has occurred, without
one-half its diameter except that where this the consent of the Department.
height is considered to be impracticable, (p) VEHICLES OFF ESTABLISHED
higher stumps may be authorized by an
ROADS; UNLAWFUL. It shall be unlawful to
authorized official of the Department of
drive any motor vehicle off of established
Natural Resources.
roads or fire trails in the timber reserve,
(h) SLASH. Slash disposal shall require unless specifically authorized, by the
that where practical limbs and other refuse Department.
shall be piled for future burning (with snow
(q) FIREFIGHTING. Any Timber
cover). Where not practical to pile, slash
Harvest Permittee will assist Tribal or BIA
must be cut down low to ground surface and
Officers to fight fire during the period of this
not to exceed eighteen (18) inches in height.
permit without pay if the area covered by this
(i) TRAILS AND ROADS. Skidding permit is on fire or threatened, otherwise at
trails and hard roads will be designated by the prevailing rate of pay.
the sale supervisor to minimize the soil
(r) FIRES. No fires are allowed in the
erosion hazard.
Timber Reserve except at designated
(j) PERMITS; EXTENSIONS. Timber campsites. Fires may be further restricted
harvest permits shall specify the time period by the Department and the public will be
limitations of the sale. Extensions will be notified by signs posted along access routes
permitted only in the event that weather to camping areas and through the media.
and/or moisture conditions are unacceptable
5-35-9. RECREATION.

112
(a) LICENSING. Every boat propelled 5-36-9. Denial, Suspension,
by a motor on waters located within the Revocation, or Modification
boundaries of the Rosebud Reservation shall or Certification
be numbered and licensed as prescribed by 5-36-10. Penalties
Tribal Law. 5-36-11. Delegation Of Authority
(b) LIGHTS. All boats afloat after dark 5-36-12. Entry and Inspection
must be equipped with running lights 5-36-13. Cooperation
5-36-14. Severability
attached to bow and stern and these lights
must be in use during hours of darkness.
5-36-1. DEFINITIONS FOR PURPOSES
(c) LIFE PRESERVERS. All motorboats
must be equipped with Coast Guard OF THIS CODE.
approved life preserves. One life preserver A. The term “Administrator” means the
is required for every occupant. administrator of the Environmental
(d) FIRE EXTINQUISHERS. Every boat Protection Agency.
B. The term “Agricultural Commodity”
propelled by a motor to ten horsepower and
means any plant or part thereof, or animal, or
greater must be equipped with a Coast
animal products, produced by a person
Guard approved fire extinguisher.
(including farmers, ranchers, vineyardists,
(e) SAFE OPERATIONS. No motorboat plant propagators, Christmas tree growers,
shall be operated in such a way as to aquaculturalists, floriculturalists,
endanger the lives of others or to cause orchardists, foresters or other comparable
nuisance or destruction of property. persons) primarily for sale, consumption,
(f) WATERSKIING. No waterskiing propagation, or other use by man or animals.
shall take place with 100 yards of any C. The term “animal” means all vertebrate
swimming areas. If buoy markers are used and invertebrate species, including but not
to designate such areas, all waterskiing shall limited to man and other mammals, birds,
take place outside of these buoys. fish, and shellfish.
(g) OARS REQUIRED. All motorboats D. Applicators:
shall be equipped with a set of oars. (1) The term “certified applicator”
(h) WASTE. No bilge or any other means any individual who is certified by the
organic or inorganic waste shall be pumped Rosebud Natural Resources/Land
or in such a way introduced to the waters of Management Committee as authorized to use
the Reservation. or supervise the use of any pesticide which is
classified for restricted use.
(i) WILDLIFE TAKING FROM
(2) The term “private applicator” means
MOTORBOATS. Motorboats while a certified applicator who uses or supervises
underway with of a motor shall not be used in the use of any pesticide which is classified.
the taking of any wildlife on the Reservation. (3) The term “commercial applicator”
(j) REPORTS OF CAPSIZING OR means a certified applicator (whether or not
SINKING. The capsizing or sinking of any he is a private applicator which respect to
boat shall be reported to the Department of some uses) who uses or supervises the use
Natural Resources within 24 hours. of any pesticide which is classified for
restricted use for any purpose or, on any
CHAPTER 36 – ROSEBUD TRIBAL property other than as provided by
paragraph 2.
PESTICIDE CODE (4) Unless otherwise prescribed by its
labeling, a pesticide shall be considered to
5-36-1. Definitions For Purposes Of be applied “under the direct supervision of a
This Code certified applicator) if it is applied by a
5-36-2. Classification Of Pesticides competent person acting under the
5-36-3. Classification Of Pesticide instructions and control of a certified
Applicators applicator who is available and when
5-36-4. Categorization Of needed, even though such certified
Commercial Applicators applicator is not physically present at the
5-36-5. Standards Of Competency time and place the pesticide is applied.
For Certification E. The term “code” means the Rosebud
5-36-6. Certification Procedures Tribal Pesticide Code.
5-36-7. Storage and Disposal Of F. The term “Committee” means the
Pesticides and Pesticide Rosebud Natural Resources/Land
Containers Management Committee or that body
5-36-8. Unlawful Acts

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delegated this authority by the Rosebud P. The term “Pesticide” means (1) any
Sioux Tribe. substance or mixture of substances intended
G. The term “Council” means the Rosebud for preventing, destroying, repelling, or
Sioux Tribal Council. mitigating any pest, and (2) any substance or
H. The term “EPA” means the U.S. mixture of substances intended to use as a
Environmental Protection Agency. plant regulator, defoliant, or desiccant:
I. The term “District Court” means a Provided, that the term “Pesticide” shall not
United States district court. include any article (1) (a) that is a “new
J. The term “Environment” includes animal drug” within the meaning of Section
water, air, land, and all plants and man and 201(w) of the Federal Food, Drug, and
other animals living therein and the inter- Cosmetic Act (21 U.S.C. 321(w), or (b) that
relationships which exist among these. has been determined by the Secretary of
K. The term “FIFRA” means the Federal Health, Education, and Welfare not be a new
Inspection, Fungicide and Rodenticide Act, animal drug by a regulation establishing
as Amended (1972, 1975, and 1978). conditions of use for the article, or (2) that is
L. The term “insect” means any of the an animal feed within the meaning of Section
numerous small invertebrate animals 201 (x) of such Act (21 U.S.C. 321(x) bearing
generally having the body more or less or containing an article covered by clause (1)
obviously segmented, for the most part of this provision.
belonging to the class insecta, comprising Q. The term “Protect Health and the
six-legged, usually winged forms, as for Environment” and “Protection of Health and
example, beetles, bugs, bees, flies, and to the Environment” mean protection against
other allied classes of arthropods whose any reasonable adverse effects on the
members are wingless and usually having environment.
more than six legs, as for example, spiders, R. The term “Reservation Lands” means
mites, ticks, centipedes, and wood lice. all lands within the exterior boundaries of the
M. Label and Labeling: Rosebud Sioux Indian Reservation, Todd
(1) The term “Label” means the written, County, South Dakota, and all Trust Lands in
printed or graphic matter on or attached to, Tripp, Mellette, Lyman, and Gregory
the pesticide or device or any of its Counties, South Dakota, which are within the
containers or wrappers. original boundaries of the Rosebud Sioux
(2) The term “Labeling” means all Indian Reservation.
labels and all other written, printed, or S. The term “Restricted use Pesticide”
graphic matter: means any pesticide use classified for
(a) Accompanying the pesticide or restricted use by the Rosebud Natural
device at any time; or Resources/Land Management Committee,
(b) To which reference is made on the Secretary of the South Dakota
the label or in literature accompanying the Department of Agriculture, or the
pesticide or device, except to current official Administrator of the U.S. Environmental
publications of the Environmental Protection Protection Agency.
Agency, the United States Department of T. The term “Secretary” means the
Agriculture and Interior, the Department of secretary of the South Dakota State
Health, Education and Welfare, State Department of Agriculture.
experiment stations, State institutions or U. The term “State” means the State of
agencies authorized by law to conduct South Dakota.
research in the field of pesticides. V. The term “Unreasonable adverse
N. The term “Land” means all land and effects on the Environment” means any
water areas, including airspace, and all unreasonable risk to man or the
plants, animals, structures, buildings, environment, taking into account the
contrivance, and machinery appurtenant economic, social, and environmental costs
thereto or situated thereon, fixed or mobile, and benefits of the use of any pesticide.
including any used for transportation. W. The term “Weed” means any plant
O. The term “pest” means (1) any insect, which grows where not wanted.
rodent, nematode, fungus, weed, or (2) any X. The term “Wildlife” means all living
other form of terrestrial or aquatic plant or things that are neither human, domesticated,
animal life or virus, bacteria, or other micro- nor as defined in this Code, pests, including
organism (except viruses, bacteria, or other but not limited to mammals, birds, and
micro-organisms on or inliving man or other aquatic life.
living animals) which the Administrator Y. The term “Establishment” means any
declares to be a pest under Section 25 (c) (1) place where a pesticide or device or active
of FIFRA or which the Committee declares to ingredient use in producing a pesticide is
be a pest. produced, or held, for distribution or sale.

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Z. The term “To use any registered certified applicator, as shown in 5-36-1 D (4)
pesticide in manner inconsistent with its of this code.
labeling” means to use any registered
pesticide in a manner included (1) applying 5-36-3. CLASSIFICATION OF PESTICIDE
pesticide at any dosage, concentration, or APPLICATORS. Pesticide applicators shall
frequency less than that specified on the
be classified as commercial applicators or
labeling; (2) applying a pesticide against any private applicators according to the
target pest not specified on the labeling if the
definitions shown in 5-36-1 D of this code.
application is to the crop, animal, or site
specified on the labeling, unless the
Administrator has required that the labeling 5-36-4. CATEGORIZATION OF
specifically states that the pesticide may be COMMERCIAL APPLICATORS.
used only for the pests specified on the Commercial applicators shall be classified as
labeling after the Administrator has commercial applicators or private
determined that the use of the pesticide applicators according to the definition shown
against other pests would cause an in 5-36-1 D of this code.
unreasonable adverse effect on the A. Categories.
environment; (3) employing any method of (1) Agricultural Pest Control:
application not prohibited by the labeling; or (a) Plant. This category includes
(4) mixing a pesticide or pesticides with a commercial applicators using or supervising
fertilizer when such mixture is not prohibited the use of restricted use pesticides in
by the labeling. Provided further, that the production of agricultural crops, including
term also shall not include any use of a without limiting the foregoing, tobacco,
pesticide in conformance with Section 5, 18, peanuts, cotton, feed grains, soybeans and
or 24 of FIFRA, or any use of a pesticide in a forage; vegetables, small fruit, tree fruits and
manner that the Administrator determines to nuts, as well as on grasslands and non-crop
be consistent with the purpose of FIFRA: and agricultural land.
provided further, that after March 31, 1979, (b) Animal. This category
the term shall not include the use of pesticide commercial applicators using or supervising
or after that date the Administrator issues a the use of restricted use pesticides on
regulation or advisory opinion consistent animals, including without limiting the
with the study provided for it in Section 27 foregoing, beef cattle, dairy cattle, swine,
(B) of the Federal Pesticide Act of 1978, sheep, horses, goats, poultry and livestock,
which regulation or advisory opinion and to places on or in which animals are
specifically requires the use of definite confined.
amounts of dilution. Doctors of Veterinary Medicine engaged in
the business of applying pesticides for hire,
5-36-2. CLASSIFICATION OF publicly holding themselves out as pesticide
PESTICIDES. The Rosebud Sioux Tribal applicators, or engaged in large-scale use of
Council or its designated agent shall pesticides are included in this category.
recognize all pesticide products introduces (2) Forest Pest Control. This category
on the Rosebud Reservation for “restricted includes commercial applicators using or
use” or “general use” according to the supervising the use of restricted use
standards consistent with Section 3 of pesticides in forests, forest nurseries, and
FIFRA. As a minimum, the council will forest seed producing areas.
consider all pesticide products classified for (3) Ornamental and Turf Pest Control.
restricted use by the Administrator of EPA as This category includes commercial
for restricted use on the Rosebud applicators using or supervising the use of
Reservation. In addition, the Council may restricted use pesticides to control pests in
restrict the use of additional pesticide the maintenance and production of
products if the uses be restricted to prevent ornamental trees, shrubs, flowers and turf.
damages to property other than the property (4) Seed Treatment. This category
to which they are directly applied or to includes commercial applicators using or
persons, animals, crops or vegetation other supervising the use of restricted use
than the pests which they are intended to pesticides on seeds.
destroy. (5) Aquatic Pest Control. This category
Individuals not appropriately certified from included commercial applicators using or
using restricted use pesticides, with the supervising the use of any restricted use
exception of those individuals applying the pesticide purposefully applied to standing or
pesticide under the direct supervision of a running water, excluding applicators
engaged in public health related activities
included in category 8 below.

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(6) Right-of-Way Pest Control. This (d) Rodenticides, predacides, and
category includes commercial applicators avicides.
using or supervising the use of restricted use (e) Fungicides and nematicides.
pesticides in the maintenance of public (f) Disinfectants and germicides.
roads, electric power lines, pipelines, railway All federal applicators who apply pesticides
rights-of-way or other similar areas. via aircraft must comply with all applicable
(7) Industrial, Institutional, Structural Federal regulations administered by the
and Health Related Pest Control. This State of South Dakota and special provisions
category includes commercial applicators set forth by the Committee.
using or supervising the use of restricted use
pesticides in, on, or around food handling 5-36-5. STANDARDS OF COMPETENCY
establishments, human dwellings, FOR CERTIFICATION.
institutions, such as schools and hospitals,
industrial establishments, including A. General Standards for Commercial
warehouses and grain elevators, and any Applicators. All commercial applicators,
other structures and adjacent areas, public shall demonstrate knowledge of the following
or private; and for the protection of stored, subjects:
processed, or manufactured products. (1) Label & Labeling Comprehension
(8) Public Health Pest Control. This (a) All certified applicators should be
category includes State, Federal, Tribal or required to be familiar with the Tribal
other government employee, using or Pesticide Code.
supervising the use of restricted use (b) The general format and
pesticides in public health programs for the terminology of pesticide labels and labeling.
management and control of pests having (c) The understanding of
medical and public health importance. instructions, warnings, terms, symbols, and
(9) Regulatory Pest Control. This other information commonly appearing on
category includes State, Federal, Tribal or pesticide labels.
governmental employees who use or (d) Classification of the product,
supervise the use of restricted use general or restricted; and
pesticides in the control of regulated pests. (e) Necessity for use consistent with
(10) Research and Demonstration Pest the label.
Control. This category includes: (1) (f) Each applicator will be given a
individuals who demonstrate to the public the copy of the code before he/she is certified.
proper use and techniques of application of (2) Safety-Factors including:
restricted use pesticides or supervise such (a) Pesticide toxicity and hazard to
demonstration, and (2) persons conducting man and common exposure routes;
field research with pesticides, and in doing (b) Common types and causes of
so, use or supervising the use of restricted pesticide accidents;
use pesticides. (c) Precautions necessary to guard
Includes in the first group are such persons against injury to applicators;
as extension specialists and county agents, (d) Need for and use of protective
commercial representatives demonstrating clothing and equipment;
pesticide products, and those individuals (e) Symptoms of pesticide poisoning;
demonstrating methods used in public (f) First aid and other procedures to
programs. be followed in case of pesticide accident;
The second group includes; State, Federal, and
Tribal, Commercial and other persons (g) Proper identification, storage,
conducting field research on or utilizing transport, handling, mixing procedures and
restricted use pesticides. disposal, methods for pesticides and used
(11) Rodent, Predator, and Bird Pest pesticide containers, including precautions
Control. This category includes commercial to be taken to prevent children from having
applicators using or supervising the use of access to pesticides and pesticide
any restricted use pesticides in the control of containers.
rodents, predators, or birds. All commercial (3) Environment-The potential
applicators are further subcategories environmental consequences of the use and
according to the types of pesticides they misuse of pesticides as may be influenced by
apply, these subcategories are: such factors as:
(a) Herbicides, desicants, defoliants, (a) Weather and other climatic by
and plant regulators. such factors as;
(b) Insecticides, attractants, and (b) Types of terrain, soil, or other
repellents. substrate;
(c) Picicides.

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(c) Presence of fish, wildlife, and practical knowledge is also required
other non-target organisms; and concerning specific pesticide toxicity and
(d) Drainage patterns. residue potential, since most animals will
(4) Pests-Factors such as: frequently be used for food.
(a) Common features of pest Further, the applicator must know the
organisms and characteristics of damages relative hazards associated with such factors
needed for pest recognition; as formulation, application techniques, age
(b) Recognition of relevant pests; of animals, stress, and extent of treatment.
and (2) Forest Pest Control. Applicators
(c) Pest development and biology as shall demonstrate practical knowledge of the
it may be relevant to problem identification types of forests, forest nurseries, and seed
and control. production in their State and on the
(5) Pesticides-Factors such as: Reservation, and the pests involved. They
(a) Types of pesticides; should possess practical knowledge of the
(b) Types of formulations; cyclic occurrence of certain pests and
(c) Compatibility, synergism, specific population dynamics as a basis for
persistence and animal and plant toxicity of programming pesticide applications. A
the formulation; practical knowledge is required of the
(d) Hazards and residues associated relative biotic agents and their vulnerability
with use; to the pesticides to be applied. Because
(e) Factors which influence forest stands may be large and frequently
effectiveness or lead to such problems as include natural aquatic habitats and harbor
resistance to pesticides; and wildlife, the consequences of pesticide use
(f) Dilution procedures. may be difficult to assess. The applicator
(6) Equipment-Factors including: must therefore demonstrate practical
(a) Types of equipment and knowledge of control methods which will
advantage and limitations of each type; and minimize the possibility of secondary
(b) Uses, maintenance and problems such as unintended effects on
calibration. wildlife. Proper use of specialized equipment
(7) Application Techniques-Factors must be demonstrated especially as it may
including: relate to meteorological factors and adjacent
(a) Methods of procedure used to land use.
apply various formulations of pesticides, (3) Ornamental and Turf Pest Control.
solutions, and gasses, together with a Applicators shall demonstrate practical
knowledge of which technique of application knowledge of pesticide problems associated
to use in a given situation. with the production and maintenance of
(8) Laws and Regulations. Applicable ornamental trees, shrubs, plantings, and turf,
State, Federal, and Tribal Laws and including cognizance of potential phytoxicity
Regulations. due to a wide variety of plant material, drift,
B. Category Specific Standards. and persistence beyond the intended period
(1) Agricultural Pest Control of pest control. Because of the frequent
(a) Plants. Applicators must proximity of human habitations to application
demonstrate practical knowledge of the activities, applicators in this category must
crops grown and the specific pests of those demonstrate practical knowledge of
crops on which they may be using restricted application methods which will minimize or
use pesticides. The importance of such prevent hazards of humans, pets, and other
competency is amplified by the extensive domestic animals.
areas involved, the quantities of pesticides (4) Seed Treatment. Applicators shall
needed, and the ultimate use of many demonstrate practical knowledge of types of
commodities as food and feed. Practical seeds that require chemical protection
knowledge is required concerning soil and against pests and factors such as seed
water problems, pre-harvest intervals, re- coloration, carriers, and surface agents
entry intervals, phytoxicity, and potential for which influence pesticide binding and may
environment contamination, non-target injury affect germination. They must demonstrate
and community problems resulting for the practical knowledge of hazards associated
use of restricted use pesticides in with handling, sorting, and mixing, and
agricultural areas. misuse of treated seeds such as introduction
(b) Animal. Applicators applying of treated seed into food and feed channels,
pesticides directly to animals must as well as proper disposal of unused treated
demonstrate practical knowledge of such seed.
animals and their associated pests. A (5) Aquatic Pest Control. Applicators
shall demonstrate practical knowledge of the

117
secondary effects which can be caused by those conditions found in buildings. They
improper application rates, incorrect should also have practical knowledge of the
formulations, and faculty applications importance and employment of such non-
restricted use pesticides used in this chemical control methods as sanitation,
category. They shall demonstrate practical waste disposal, and drainage.
knowledge of various water use situations (9) Regulatory Pest Control.
and the potential of downstream effects. Applicators shall demonstrate practical
Further, they must have practical knowledge knowledge of regulated pests applicable
concerning potential pesticide effects on laws relating to quarantine and other
plants, fish, birds, beneficial insects, and regulation of pests, and the potential impact
other organisms which may be present in on the environment of restricted use
aquatic environments. These applicators pesticides used in suppression and
shall demonstrate practical knowledge of the eradication programs. They shall
principles of limited area application. demonstrate knowledge of factors
(6) Right-of-Way Pest Control. influencing introduction, and spread and
Applicators shall demonstrate practical population dynamics of relevant pests. Their
knowledge of a wide variety of environments knowledge shall extend beyond that required
since right-of-ways can traverse many by their immediate duties since their services
different terrains, including waterways. They are frequently required in other areas of the
shall demonstrate practical knowledge of country where emergency measures are
problems on runoff, drift, and excessive invoked to control regulated pests, and
foliage destruction and ability to recognize where individual judgments must be made in
target organisms. They shall also new situations.
demonstrate practical knowledge of the (10) Research and Demonstration Pest
nature of herbicides and the need for Control. Persons demonstrating the safe and
containment of these pesticides within the effective use of pesticides to other
right-of-way areas, and the impact of their applicators and the public will be expected to
application activities in the adjacent areas meet comprehensive standards reflecting a
and communities. board spectrum of pesticide uses. Many
(7) Industrial, Institutional, Structural different pest problem situations will be
and Health-Related Pest Control. encountered in the course of activities
Applicators must demonstrate a practical associated with demonstration, and practical
knowledge of a wide variety of pests knowledge of problems, pest, and population
including their life cycles, types of levels occurring in each demonstration
formulations appropriate for their control situation is required. Further, they should
and methods of application that avoid demonstrate and understanding of pesticide
contamination of food, damage and organism interaction and the importance of
contamination of habitat and exposure to integrating pesticide use with other control
people and pets. Since human exposure, methods. In general, it would be expected
including babies, children, pregnant women, that applicators doing demonstration pest
and elderly people, is frequently a potential control work possess a practical knowledge
problem applicators must demonstrate of all the standards detailed in Section
practical knowledge of the specific factors 171.4(b) of FIFRA regulations. In addition,
which may lead to a hazardous condition, they shall meet the specific standards
including continuous exposure in the various required for categories (1) through (7) of this
situations encountered in this category. section as may be applicable to their
Because health-related pest control may particular activity.
involve outdoor applications, applications Persons conducting field research or method
must also determine practical knowledge of improvement work with restricted use
environmental conditions particularly related pesticides should be expected to know the
to this activity. general standards detailed in 5-36-5A of this
(8) Public Health Pest Control. Code. In addition, they shall be expected to
Applicators shall demonstrate practical know the specific standards required for
knowledge of vector-disease transmission as categories 1 through 9 and 11 of this section,
it relates to and influences application applicable to their particular activity or
programs. A wide variety of pests is alternately, to meet the more inclusive
involved, and it is essential that they be requirements listed under “Demonstration”.
known and recognized, and appropriate life (11) Rodents, Predator, and Bird Pest
cycles and habitats be understood as a basis Control. Applicators must demonstrate a
for control strategy. These applicators shall practical working knowledge of both the
have practical knowledge of a great variety biological and behavioral patterns of target
of environments ranging from streams to species and related non-target species. The

118
importance of such knowledge is extreme in restricted use pesticides by non-certified
controlling rodents, predators, and birds, applicators.
considering that in a rural environment many The availability of the certified applicator
species of related non-target wildlife may must be directly related to the hazard of the
occur in addition to target species. A situation. In many situations, where the
practical knowledge of the toxicity of specific certified applicator is not required to be
pesticides is required also because of the physically present, “direct supervision” shall
possibility of the carcass of the controlled include verifiable instruction to the
species being consumed by non-target competent person, as follows: (1) detailed
species. guidance for applying the pesticide property,
C. Exemptions from Standards. The and (2) provisions for contacting the certified
above standards do not apply to the following applicator in the event he is needed. In other
persons for purposes of this Code: situations as required in the event he is
(1) Persons conducting laboratory type needed. In other situations as required by
research involving restricting use pesticides; the label, the actual physical presence of a
and certified applicator may be required when
(2) Doctors of medicine and Doctors of application is made by a non-certified
Veterinary Medicine applying pesticides as applicator.
drugs or medicine during the course of their
normal practice. 5-36-6. CERTIFICATION PROCEDURES.
D. Standards of Competency for A. Commercial Applicators.
Private Applicators. All Private (1) Certification Document Required.
applicators shall demonstrate knowledge of No person shall apply restricted use
the following subjects: pesticides on the Rosebud Sioux Indian
(1) All certified applicators should be Reservation lands without first obtaining a
required to be familiar with the Tribal Rosebud certification document from the
Pesticide Code. Rosebud Natural Resources/Land
(2) Recognize common pests to be Management Committee. Rosebud tribal
controlled and damage caused by them. certification is obtained by presenting to the
(3) Read and understand the label and Committee a valid commercial applicator
labeling information-including the common certification document issued by the State of
name of pesticide he applied; pest(s) to be South Dakota. The tribal certification
controlled; timing and methods of document issued will reflect tribal
application; safety precautions; any certification only in the commercial
preharvest or re-entry restrictions; and any applicator categories appearing on the State
specific disposal procedures. certification document presented, which the
(4) Apply pesticides in accordance with Committee determines to meet the
label instructions and warnings, including competency standards given in Section 5-36-
the ability under particular circumstances 5 (b) of this Code. Further, the expiration
taking into account such factors as area to date on the Rosebud certification document
be covered, speed at which application presented.
equipment will be driven, and the quantity (2) Certification Renewal. A Rosebud
dispersed in a given period of operation. certification may be renewed according to
(5) Recognize local environmental the procedures described in Section 5-36-6
situations that must be considered during (1) of this Code by presenting a valid State of
application to avoid contamination. South Dakota certification document to the
(6) Recognize poisoning symptoms and Rosebud Natural Resources/Land
procedures to follow in case of a pesticide Management Committee.
accident. (3) Records Maintained. Commercial
(7) Each applicator applicant will be applicators shall keep and maintain records
given a copy of the code before he/she is of each application of any pesticide to
certified. include the following information:
E. Standards for Supervision of Non- (a) Name and address of owner of
property treated;
Certified Applicators by Certified (b) Location of treatment site, if
Private and Commercial Applicators. different from (a);
Certified applicators whose activities (c) Date and time application;
indicate a supervisory role must demonstrate (d) Wind direction, wind velocity, and
a practical knowledge of Federal, State, and temperature at time of application (non-
Tribal supervisory requirements, including structural applications);
labeling, regarding the application of

119
(e) Name of pesticide, formulation, pollute any waterway in a manner harmful to
concentration, rate applied, and total amount any wildlife or aquatic organisms therein.
used;
(f) Purpose of application (name of 5-36-8. UNLAWFUL ACTS. Any person
pest treated); who has committed any of the following acts
(g) Specific crop or designated area is subject to penalties provided in Section 5-
to which pesticides application was made; 36-10 of this Code:
and A. Made false or fraudulent claims
(h) Name and address of applicator. through any media, misrepresenting the
Such reports shall be kept for a period of effect of pesticide or methods to be utilized;
three years from the date of application of B. Made a pesticide recommendation or
the pesticide and shall be available for application inconsistent with the labeling
inspection by the Rosebud Natural registered with EPA, the Secretary of South
Resources/Land Management Committee at Dakota Department of Agriculture, or the
reasonable times. The Committee shall upon Department of Natural Resources/Land
written request, be furnished a copy of such Management Committee, for that pesticide,
records by the commercial applicator. or in violation of EPA’s, the Secretary’s, or
Records of restricted use pesticide the Committee’s restrictions on the use of
applicators performed by persons under the that pesticide;
direct supervision of a certified commercial C. Operate faulty or unsafe pesticide
applicator shall be the responsibility of the application equipment;
supervising certified applicator. D. Operate pesticide equipment in a
B. Private Applicators. faulty, careless, or negligent manner;
(1) Certification Required. No E. Neglected, or after notice, refused to
applicator as defined in Section 5-36-1 D (1) comply with the provision of this Code or to
of this Code shall use or supervise the use of any lawful order of the Committee;
any restricted use pesticide without a private F. Refused or neglected to keep and
applicator’s certificate issued by the maintain the records required by this Code
Rosebud Natural Resources/Land or to make reports when and as required;
Management Committee. G. Made false or fraudulent records,
(2) Certification Methods. A private invoices, or reports;
applicator may become certified to purchase H. Used, or supervised the use of a
an/or apply restricted use pesticides on the pesticide which is restricted to use by
Rosebud Reservation Lands by presenting a “certified applicators” without having
current valid South Dakota Private qualified as a certified applicator; or without
Applicators certification to the Rosebud working under the direct supervision of a
Natural Resources/Land Management certified applicator as described in Section
Committee. The Committee will issue a 5-36-5 (E) of this Code;
Rosebud Tribal Certification document to the I. Used fraud or misrepresentation in
holder of a South Dakota certification making applications for or renewal of
document. The expiration date of the tribal certification.
certification will be the same as that given on J. Refusal or neglected to comply with any
the South Dakota document. Recertification limitations or restrictions on or in a duly
may be obtained by presenting an updated issued certification;
South Dakota certification document to the K. Used or caused to be used any
Committee. pesticide in manner inconsistent with its
C. Certification of Non-English labeling or codes by the Committee if these
Speaking Applicators. Since pesticide codes further restrict the uses provided on
the labeling;
labels are printed in English, persons who
L. Aided or abetted a certified or
cannot read English cannot be certified on
uncertified person to evade the provisions of
the Rosebud Reservation.
this Code; conspired with a certified or an
uncertified person to evade the provisions of
5-36-7. STORAGE AND DISPOSAL OF this code; or allowed one’s certification to be
PESTICIDES AND PESTICIDE used by another person;
CONTAINERS. No person shall transport, M. Made false or misleading statements
store, or dispose of any pesticide or during an inspection concerning any
pesticide container in such a manner as to infestation or infection of pests found on
cause injury to humans, vegetation, crops, land;
livestock, wildlife, beneficial insects, or to N. Impersonated any Federal, State,
County, Tribal or other governmental official;

120
O. Distributed any pesticide labeled for A. Any person violating any provision
restricted use to any person unless such of this Code may be assessed a civil
person or his agent has a valid certification
to use, supervise the use of, or distribute, penalty not to exceed $500.00 per
restricted use pesticides; violation. In determining the amount of the
P. Manufactured any restricted use penalty, the Tribal Court shall consider the
pesticides or distributed any improperly appropriateness of such penalty to the size
labeled or unlabeled restricted use of business of the person charged, the effect
pesticides; on the person’s ability to continue in
Q. Applied pesticides onto any land business, and the gravity of the violation.
without consent of the owner or person in
possession thereof; except, for governmental 5-36-11. DELEGATION OF AUTHORITY.
agencies which must abate a public health Any authority vested in the Committee by this
problem; or Code may with equal force and effect be
R. Applied pesticides known to be harmful delegated to such Tribal Officials as the
to honeybees on blossoming crops on which Committee may designate.
bees are working during the period between
two hours after sunrise and two hours before 5-36-12. ENTRY AND INSPECTION. For
sunset; except, on property owned or purposes of carrying out this Code, the
operated by the applicator. Natural Resources/Land Management
Committee for its designated agent may
5-36-9. DENIAL, SUSPENSION, enter public or private premises at
REVOCATION, OR MODIFICATION OR reasonable times by permission or warrant
CERTIFICATION. for sampling, inspection, and observational
A. The Natural Resources/Land purposes.
Management Committee, or its designated
agent, may, for good cause shown or upon its 5-36-13. COOPERATION. The Tribal
own information and belief, informally Council, Tribal Chairman, or their designee is
contact any applicator about possible authorized to cooperate with an enter into
violations of the Code or practices which agreements with and accept grants-in-aid
may result in violations. These informal from any agency of the State of South
contacts are to assist the applicator in Dakota, Indian Tribal Authority, or the United
adhering to practices which promote the States Government for the purposes of
proper use of pesticides. carrying out the provisions of this Code.
B. Upon recommendations to the
Committee by its designated agent, or, based 5-36-14. SEVERABILITY. If any provision
upon its own feelings and belief, the of this Code is found to be invalid in any
Committee may issue a Warning of Possible Tribal or Federal Court proceedings, the
Violation in the form of a letter from the Court’s decision will apply only to that
Committee to an applicator. The letter will provision found to be invalid, leading the
explain the basis for the Warning, and an remainder of this Code intact.
explanation of the steps that the Committee
may take if the applicator does not take CHAPTER 37 – ELDERLY ABUSE
positive corrective action.
C. The Committee may suspend, pending
5-37-1. Terms Used
inquiry, for not longer than ten days; and,
5-37-2. Caretaker
after opportunity for a hearing, may deny,
5-37-3. Person Knowing Of Abuse
revoke, or modify; any certification issued
5-37-4. Person Immune From Giving
under this Code if the Committee finds that
Report or Testimony
the applicant or the holder of a certification
5-37-5. Services Provided By E.P.T.
has been convicted or is subject to a final
5-37-6. Central Registry
order imposing a criminal or civil penalty
5-37-7. Confidentiality
pursuant to Section 14 of FIFRA, or has
5-37-8. Giving Consent For Services
committed any of the unlawful acts listed in
5-37-9. Confidential Relation
Section 5-36-8 of this Code; provided, that
Privilege
any person requiring certification under this
5-37-10. Intentional Abuse
Code shall be subject to the penalties
5-37-11. Negligent Abuse
provided for by Section 5-36-10 of this Code.
5-37-1. TERMS USED IN THIS ACT,
5-36-10. PENALTIES.
UNLESS A DIFFERENT MEANING IS

121
CLEARLY INDICATED BY THE CONTEXT practices of a recognized group through a
MEAN. duly accredited practitioner shall for the
reason alone be considered to have abused
(1) “Disabled adult” any person 18 years
or neglected that person under this Chapter.
of age or over who is incapacitated due to a
physical or mental disability or due to age,
who is found to be in a situation or condition 5-37-3. Any person knowing or having
whereby he is unable to protect his own reasonable cause to suspect that a disabled
interest or where he faces abuse or attempts adult is or has been abused other than by
to cause abuse by a caretaker, or who is accidental means shall report such abuse to
suffering from neglect, or who is exploited by the Elderly Protection Team or to the
his caretaker, or any other individual. appropriate law enforcement agency. If the
(2) “Abuse”, any willful or negligent act report is made to a law enforcement agency,
which results in physical injury or pain or the agency shall immediately notify the E.P.T.
mental anguish or injury, sexual abuse, The report must be in writing and shall
unreasonable confinement, malnutrition, or contain the name, age, and address of the
the deprivation by a caretaker of goods and disabled adult, the name and address of the
services necessary to avoid physical harm or alleged perpetrator, the nature and extent of
mental anguish, or other maltreatment or the abuse, and any other pertinent
exploitation. information known to the person making the
(3) “Mental anguish or injury”, willingly report. Any person who intentionally fails to
subjecting a disabled adult to fear, agitation, make a report required by this section will
confusion, severe depression, or other forms share liability.
of serious emotional distress, through
threats, harassment, or other forms of 5-37-4. Any person who in good faith makes
intimidating behavior. any report pursuant to this Chapter or who
(4) “Neglect”, the caretaker’s failure to testifies in any judicial proceedings arising
provide adequate shelter, food, clothing, or from such report shall be immune from civil
medical services to a disabled adult. or criminal liability because of such report or
(5) “Caretaker”, an individual or public testimony.
institution who has assumed the
responsibility for the care of a person either 5-37-5. Upon receiving a report of abuse of
voluntarily, by contact, by receipt of payment a disabled adult, the E.P.T. shall make a
for care, as the result of family relationship prompt and thorough investigation to
or by order of a court. determine if such abuse exists and whether
(6) “Exploitation”, illegal or improper the disabled adult is in need of protection
utilization of a disabled person or their services. Services provided to abused
resources for monetary or personal benefit, disabled adults by the E.P.T. may include:
profit or gain. (1) Identification of the disabled adult and
(7) “Goods and services necessary to provisions of services from the Emergency
avoid physical harm or mental anguish”, Protection Team;
includes but is limited to provision of medical (2) Evaluation and diagnosis of the needs
care for physical and mental health needs of the disabled adults;
assistance in person hygiene, providing (3) Assistance in locating and receiving
adequate clothing, providing adequate alternative living arrangements as
shelter with heat and ventilation, protection necessary;
from health and safety hazards, protection (4) Assistance in locating and receiving
from malnutrition, and transportation necessary protection services;
necessary to secure these needs. (5) The coordination and cooperation of
(8) “Elderly Protection Team (E.P.T.)”, a other agencies to provide for the needs of
resource group of Professional comprised of the disabled adult; and
representatives from those agencies whose (6) Referral of the alleged abuse to the
goals include serving the elderly population Tribal Prosecutor.
of the Rosebud Reservation. The function of
the E.P.T. is as outlined in sections 3, 5, 6, 5-37-6. The E.P.T. shall establish a central
and 8 of this Chapter.
registry for reports of and conviction of
abuse of disabled person. The information in
5-37-2. Notwithstanding any other the central registry shall be confidential and
provisions of this Chapter, no caretaker who may be released only to the E.P.T.
in good faith is providing treatment to a
person solely by spiritual means through 5-37-7. All records, files, and information
prayer in accordance with the tenets and
concerning disabled adult abuse reports are

122
confidential, and no disclosure or release of 5-38-1. PURPOSE AND DEFINITIONS.
such information shall be made except as The purpose of this chapter is to recognize
authorized Section Six (6) of this Act. Any domestic abuse as a serious crime against
person who knowingly violates the our society and to assure the victim of
confidential nature of such records, files, and domestic abuse the maximum protection
information shall be criminally liable. from abuse which the law and those who
enforce the law can provide.
5-37-8. The Emergency Protection Team Terms used in this ordinance, unless a
shall provide no services to an abused different meaning is clearly indicated by
disabled adult unless the adult gives context, are defined as follows:
consent. If the abused, disabled adult is A. Family member or household member
incapable of giving consent due to legal shall mean a relative, spouse, former spouse,
disability or incompetency, and the caretaker adult or elderly person related by marriage
of the disabled adult refuses to provide the or an adult or elderly person who resides or
necessary service or to allow the E.P.T. to formerly resided in the residence.
provide the service, the E.P.T. may petition B. Bodily injury shall mean physical pain,
Tribal Court to assume guardianship. illness, or an impairment of physical
condition.
5-37-9. The confidential relation privilege C. Causing apprehension of bodily injury
may not be claimed in any judicial shall mean any physical act which is
proceedings involving abuse of a disabled intended to cause another person
adult. reasonably to fear imminent serious bodily
injury or death.
5-37-10. Any person who intentionally
abuses a disabled person in a manner which 5-38-2. CRIME OF DOMESTIC ABUSE. A
does not constitute aggravated assault is person commits the crime of domestic abuse
if he or she:
guilty of abuse and neglect, as defined in (1) Purposely or knowingly causes bodily
Section 1 of this Chapter, and the penalty injury to a family member or household
shall be $500.00 fine and/or 6 months in jail. member; or
(2) Purposely or knowingly causes
5-37-11. Any person who negligently abuses apprehension of bodily injury in a family
a disabled person in a manner which does member or household member.
not constitute simple assault is guilty of The crime of domestic abuse shall be a
abuse and neglect as defined in Section 1 Class A crime.
of this Chapter, and the penalty shall be a
$500.00 fine and 60 days in jail. 5-38-3. MANDATORY ARREST.
A. A law enforcement officer shall arrest a
CHAPTER 38 – DOMESTIC ABUSE person, anywhere, with or without a warrant,
including at the person’s residence, if the
5-38-1. Purpose and Definitions - officer has probable cause to believe: (1) that
Amendment an assault has occurred; (2) an assault has
5-38-2. Crime Of Domestic Abuse - occurred which has resulted in bodily injury
Amendment to the victim, whether the injury is
5-38-3. Mandatory Arrest – observable to the officer or not; (3) that any
Amendment physical action has occurred which was
5-38-4. 12 Hour Hold - Amendment intended to cause another person
5-38-5. Filing Of Complaint - reasonably to fear imminent serious bodily
Amendment injury or death, and the victim is the person’s
5-38-6. Liability Of Law Enforcement family member, household member or former
Officers - Amendment household member. The arrest shall be
5-38-7. Notice Of Rights - made even though the assault did not take
Amendment place in the presence of the officer.
5-38-8. Written Report - Amendment B. The officer, under this ordinance, is not
5-38-9. Penalties - Amendment required to arrest both parties when he or
5-38-10. Reporting Statistics - she believes the parties have assaulted one
Amendment another. The officer shall arrest the person
5-38-11. Chapters Applied - whom he or she believes to have been the
Amendment primary aggressor. In making this
determination, the officer shall make every

123
reasonable effort to consider: (1) the intent 5-38-8. WRITTEN REPORT. Whenever a
to protect victims of domestic abuse under law enforcement officer is called to the scene
this ordinance; (2) the comparative extent of of a reported incident of domestic violence,
injuries inflicted or serious threats creating and he or she does not make an arrest, he or
fear of physical injury; and (3) the history of she shall file a written report with his or her
domestic abuse between the persons supervisor, setting forth the reason or
involved. reasons for his or her decision.

5-38-4. 12 HOUR HOLD. Any person 5-38-9. PENALTIES. The purpose of this
arrested under this ordinance shall be held ordinance shall be to stop all family violence
without bail, in the custody of the police on the Rosebud Sioux Reservation and to
department, for a period not to exceed promote the healing of families where
twelve (12) hours, as a mandatory “cooling possible.
off” period. A. A person convicted of a first or
second offense of domestic abuse shall
5-38-5. FILING OF COMPLAINT.
(1) The law enforcement officer making an be imprisoned for a term of not less
arrest under this ordinance shall sign a than ten (10) days or more than 180
complaint against the alleged abuser on days and may be fined an amount not to
behalf of the Rosebud Sioux Tribe. He or she exceed $500.00. The court shall require
shall submit a detailed report of the mandatory counseling as part of the
circumstances of the arrest, along with sentence. Such counseling may include, but
statements from the victim and other is not limited to: alcohol/drug abuse
witnesses. counseling, anger control, and family
(2) The victim shall be subpoenaed as the counseling. Persons who practice traditional
primary witness for the prosecution. Indian religion shall be entitled to counseling
(3) If the perpetrator and victim are by a Medicine Man recognized in the
married to one another, the Husband and community as such.
Wife Communication Privilege shall not apply
B. A person convicted of a third or
in the crime of domestic abuse.
subsequent offense of domestic abuse
5-38-6. LIABILITY OF LAW shall be imprisoned for a term of not
ENFORCEMENT OFFICERS. A law less than 30 days or more than 365
enforcement officer shall not be held liable in days, and may be fined in an amount
any civil action for an arrest based on not to exceed $2,000.00 or both. The
probable cause, enforcement in good faith of court shall required mandatory counseling
a court order, or any other action or omission as part of the sentencing. Such counseling
in good faith under this chapter arising from may include, but is not limited to alcohol/drug
an alleged incident of domestic violence abuse counseling, anger control and family
brought by any party to the incident. counseling. Counseling shall be made
available for the children of the perpetrator
5-38-7. NOTICE OF RIGHTS. The officer and the children of the victim. Persons who
shall tell the victim of domestic abuse practice traditional Indian religion shall be
whether a shelter or other services are entitled to counseling by a Medicine Man
available in the community and give the recognized in the community as such.
victim immediate notice of the legal rights
and remedies available. The notice must 5-38-10. REPORTING STATISTICS. In all
include the victim’s right to the following: cases of domestic abuse, the officer involved
(1) An order restraining the abuser from shall make a written report and the numbers
further acts of abuse; of such cases shall be tabulated. A quarterly
(2) An order directing the abuser to leave report shall be made by the police
the household; department, setting out the numbers of
(3) An order preventing the abuser from reports of domestic violence, investigations
entering the residence, school, business or and arrests. Such statistics shall be made
place of business; available to appropriate agencies and the
(4) An order awarding custody or public.
visitation with any minor children;
(5) An order directing the abuser to pay 5-38-11. The following chapters of the
support to the victim and minor children Rosebud Sioux Tribe Law and Order Code
where appropriate. may apply in domestic abuse cases.

124
Title 2 – Chapter 3 (3) “Wholesaler” shall mean any person
Title 4 – Chapter 1 – Rule 65 engaged in the business of making sale of
Title 5 – Chapter 5 fireworks at wholesaler to retailers.
Title 5 – Chapter 37
5-39-4. REQUIREMENTS AND
CHAPTER 39 - FIREWORKS REGULATIONS.
5-39-4.1 License required for sale of
5-39-1. Title - Amendment
fireworks…Application
5-39-2. Authority and Purpose -
Amendment Fee…Duration…Display.
5-39-3. Definitions - Amendment (1) No person shall sell, hold for sale, or
5-39-4. Requirements and offer for sale, as retailer any fireworks in this
Regulations - Amendment Reservation unless such person has first
5-39-5. Permissible Fireworks - obtained a license as retailer. Application for
Amendment a license as retailer shall be made to the
5-39-6. Place Of Business - department of revenue on forms to be
Amendment prescribed by it. Each application shall be
5-39-7. Restricted Areas - accompanied by the required fee, ten dollars
Amendment for a retailer’s license. The license shall be
5-39-8. Penalties - Amendment good only for the calendar year in which
5-39-9. Enforcement - Amendment issued and shall at all times be displayed at
the place of business of the holder thereof.
5-39-1. TITLE. This law shall be known as Applicants will consent to Tribal Law
concerning taxation, Commercial Code,
the Fireworks law.
Business License and other Applicable laws.
(2) Importation by unlicensed persons is
5-39-2. AUTHORITY AND PURPOSE. prohibited…Retailer.
5-39-2.1 AUTHORITY. The Governing (3) Period during which retail sales
Body of the Rosebud Sioux Tribe is permitted. No person, firm or corporation
exercising its authority pursuant to Article IV, shall offer fireworks for sale to individuals at
Section 1 (h), and (m) of the Constitution and retail before the first day of July and after the
By-Laws of the Rosebud Sioux Tribe. fifth day of July.
(1) Article IV, Section 1 (h) grants the (4) Procedure for banning sale of
authority in part to levy taxes or license fees fireworks. The Rosebud Sioux Tribal Council
upon members and non-members. can declare a ban on the sale of fireworks if
(2) Article IV, Section 1 (m) grants the just reason exists. This will be done in
authority to safeguard and promote the resolution form.
peace, safety, morals, and general welfare of 5-39-4.2 Minimum age for sale or
the Tribe by regulating the conduct of trade.
dispensing of fireworks. No person under
5-39-2.2 PURPOSE. The purpose of this the age of eighteen years shall be licensed
Tribal Law is: under this Chapter and no license shall
(1) To regulate the sale of permissible employ or permit any individual under the
fireworks and provide provisions to obtain a age of eighteen to sell, dispense or offer for
temporary business license; sale, within the State of South Dakota and
(2) To restrict the areas where fireworks Rosebud Reservation, any permissible
can be used and ignited; fireworks enumerated in this Chapter.
(3) To provide provisions where all
5-39-4.3 Prohibited
retailers must comply with Tribal Law
concerning fireworks, taxation, commercial Firecrackers…Manufacture or use as
code and other applicable Tribal Laws; misdemeanor. Any person who shall
(4) Limit the size and type of fireworks manufacture, use, or dispose of to another,
that can be sold and used. with or without consideration, so as to
endanger the safety of others, any
5-39-3. DEFINITIONS. firecrackers more than three inches long or
(1) “Retailer” shall mean any person made wholly or in part of dynamite,
engaged in the business of making sales of nitroglycerin, or giant powder, is guilty of a
fireworks at retail to consumers. Class C crime.
(2) “Sale” shall include barter, exchange, 5-39-4.4 Possession, sale or use of
or gift or offer thereof, and such transaction
unauthorized fireworks unlawful. Except
made by any person, whether as principal,
proprietor, agent, servant, or employee. as provided in this title no person shall
possess, sell, offer for sale, bring into this

125
commonly known as fireworks, other than containing not more than twenty-five
permissible fireworks. hundredths of a grain of explosive
compositions per cap, and to the
5-39-5. PERMISSIBLE FIREWORKS. manufacture, storage, sale or use of signals
A. Permissible fireworks enumerated necessary for safe operation of railroads or
other classes of public or private
and described below. Permissible transportation, nor apply to the military or
fireworks shall mean: navy forces of the United States or to peace
(1) Roman candles, not exceeding ten officers, nor as prohibited the sale or use of
balls spaced uniformly in the tube, total blank cartridges for ceremonial, or
pyrotechnic composition not to exceed theatrical, or athletic events.
twenty grams in weight. The inside tube
diameter shall not exceed three eighths inch.
5-39-6. PLACE OF BUSINESS.
(2) Skyrockets with sticks, total
pyrotechnic composition not to exceed A. Sale from vehicle prohibited. No
twenty grams each in weight. The inside retailer shall sell fireworks from any motor
tube diameter shall not exceed one-half inch. vehicle.
The rocket sticks must be securely fastened B. Exits from structures where
to the tubes. fireworks sold. All buildings or structures
(3) Helicopter type rockets, total wherein fireworks are sold at retail shall
pyrotechnic composition not to exceed have at least two separate door exits which
twenty grams each in weight. The inside shall be equipped with panic devices or kept
tube diameter shall not exceed one-half inch. unlocked at all times when fireworks are
(4) Cylindrical fountains, total pyrotechnic being offered for sale.
composition not to exceed seventy-five C. “No Smoking” signs where
grams each in weight. The inside tube
diameter shall not exceed three-fourth inch. fireworks sold. Signs must be prominently
(5) Cone fountains, total pyrotechnic posted on all displays of fireworks offered for
composition not to exceed fifty grams each in sale at retail, which shall read in red letters
weight. not less than three inches in height. “NO
(6) Wheels, total pyrotechnic composition SMOKING WITHIN TWENTY-FIVE FEET”.
not to exceed sixty grams for each driver unit D. Minimum distance for igniting of
or two hundred and forty grams for each fireworks. In all buildings or structures
complete wheel. The inside tube diameter of wherein fireworks are being offered for sale
driver units shall not exceed one-half inch. the licensee shall have a sign prominently
(7) Illuminating torches and colored fire, posted stating that no fireworks can be
in any form, except items in subdivision (12), ignited or discharged within one hundred
total pyrotechnic composition not to exceed fifty feet of the licensee’s premises.
one hundred grams in weight. E. Open flame prohibited where
(8) Sparklers and dipped sticks, total
fireworks sold…Fire extinguishing
pyrotechnic composition not to exceed one
hundred grams each in weight. Pyrotechnic agent required. No license shall have on
composition containing any chlorate or his premises any device, apparatus,
perchlorate shall not exceed five grams. receptacle or burner from which an open
(9) Mines and shells of which the mortar is flame is emitted. Provided, further that every
an integral part, total pyrotechnic licensee shall in the conduct of his business
composition not to exceed forty grams each of selling fireworks keep and maintain upon
in weight. said premises a fire extinguisher agent for a
(10) Firecrackers and salutes with class A fire equivalent to two and one-half
casings, the external dimensions of which do gallons of water.
not exceed one and one-half inches, in length
or one-quarter inch in diameter, total 5-39-7. RESTRICTED AREAS.
pyrotechnical composition not to exceed two A. Sale or use prohibited within
grains each in weight. timber reserve and/or other designated
(11) Novelties consisting of two or more
area. No person shall sell or cause to be
devices enumerated in this section, trick
matches and cigarette plugs, when approved sold, discharge or cause to be discharged,
by the bureau of explosives. any pyrotechnics of any description
(12) Railway fuses, truck flares, hand ship whatever within the exterior boundaries of
distress signals, smoke pots. the timber reserve or any land owned or
leased by the department of game, fish and
B. Exemptions. Nothing shall be
parks. However, the director of game, fish
construed as applying to toy paper caps

126
and parks may, by written authorization, 5-40-2. Receptacles In Public
permit pyrotechnic displays or exhibited on Places - Amendment
land owned or leased by the department 5-40-3. Property Where
unless otherwise prohibited by statute. Receptacles Required -
B. Public displays permitted…Local Amendment
permit required. Nothing shall prohibit the 5-40-4. Placement and
use of public display of fireworks provided Specifications Of
Receptacles - Amendment
that any individual, group of individuals,
5-40-5. Littering Prohibited –
association, organization, city, town, county,
Exceptions - Amendment
firm, partnership or corporation, prior to
5-40-6. Littering From Motor Vehicle
making such pubic display for fireworks,
shall first secure a written permit to do so Prohibited - Amendment
5-40-7. Accumulation Of Litter On
from the Rosebud Sioux Tribe wherein said
Property Prohibited -
public displays is to be fired, and shall be
purchased fireworks for such display from a
Amendment
5-40-8. Enforced Removal Of Litter
licensed wholesaler.
Upon Conviction -
Amendment
5-39-8. PENALTIES. 5-40-9. Violation Of Chapter -
A. Violation of Chapter. Except where Amendment
a punishment is specifically provided, any 5-40-10. Enforcement and
person violating any of the provisions of this Prosecution - Amendment
chapter shall be guilty of a Class C crime. 5-40-11. Injunction Of Violations –
B. Second conviction as ground for Citizens’ Suits – Alternative
or In Addition To Criminal
revocation or suspension of license. If
Proceedings - Amendment
any person is found guilty of violating any of
the provisions of this chapter a second time, 5-40-1. DEFINITIONS OF TERMS. Terms
such violation may constitute cause for used in this chapter mean:
revocation or suspension of the license held (1) “Person” shall mean any individual,
by such person or for refusal to renew such partnership, corporation or company or any
license upon expiration thereof. agent of said individual, partnership,
corporation or company.
(2) “Owner” shall mean any individual,
5-39-9. ENFORCEMENT. Enforcement by
partnership, corporation or company that
department and law enforcement officers.
actually owns, has the use of or occupies any
The department of revenue, together with all
property, either residential or commercial.
law enforcement officers, both BIA and
(3) “Litter” any discarded, used or
tribal, shall be charged with the enforcement
unconsumed substance or waste, including
of the provisions of this chapter.
but not limited to any garbage, trash, refuse,
A. Possession of unauthorized debris, rubbish, newspaper, magazines,
firework unlawful…seizure and glass, metal, plastic or paper containers or
destruction. No person shall possess any other packaging construction material,
fireworks, other than those enumerated abandoned or junked motor vehicles, motor
above. If any person shall have in his vehicle parts, furniture, oil, carcass of a dead
possession any fireworks in violation of said animal, any nauseous or offensive matter of
Section, a warrant maybe issued for the any kind, any object likely to injure any
seizure of such fireworks, and such person or create a traffic hazard or anything
fireworks shall be safely kept to be use as else of an unsightly or unsanitary nature,
evidence. Upon conviction of the offender, which has been discarded, abandoned or
the fireworks shall be destroyed, but if the otherwise disposed of improperly.
offender is discharged, the firework shall be
returned to the person those possession they 5-40-2. RECEPTACLES IN PUBLIC
were found, provided, however, that nothing PLACES. In order to assist the public in
in this chapter shall apply to the complying with this chapter, the owner or
transportation of fireworks by regulated person in control of any property which is
carriers. held out to the public as a place for
assemblage, the transaction of business,
CHAPTER 40 – RECEPTACLES recreation or as public way shall cause to be
placed and maintained receptacles for the
5-40-1. Definition Of Terms - deposit of litter, of sufficient volume and in
Amendment sufficient numbers to contain the litter which

127
can be expected to be generated by the and properly dispose of such litter when the
numbers of people customarily coming on or emergency situations no longer exists.
using the property.
5-40-6. LITTERING FROM MOTOR
5-40-3. PROPERTY WHERE VEHICLE PROHIBITED. No person shall
RECEPTACLES REQUIRED. For purposes dump, deposit, drop, throw, discard or
of 5-40-2, “property held out to the public for otherwise dispose of litter from any motor
the transaction of business” includes, but is vehicle upon any public highway, upon any
not limited to, commercially operated parks, public highway, upon any public or private
campgrounds, drive-in restaurants, property or upon or into any river, lake,
automobile service stations, business pond, stream or body of water within the
parking lots, car washes, shopping centers, jurisdiction of the Rosebud Sioux Tribe.
boat launching areas, industrial parking lots,
boat moorage and fueling stations, piers, 5-40-7. ACCUMULATION OF LITTER ON
beaches and bathing areas, airports, PROPERTY PROHIBITED. No person shall
roadside rest stops, city, town or community
allow litter to accumulate upon real property,
celebration or “Pow-Wow” grounds, rodeo
of which the person charged is the owner or
grounds, baseball fields; and “property held
tenant in control, in such a manner as to
out to the public for assemblage, recreation
constitute a public nuisance, or which results
or as a public way” includes, but is not
in an unsafe, unsanitary, or unsightly
limited to, any property that is publicly
condition, or such a manner that the litter
owned or operated for any of the purposes
may be blown or otherwise carried by the
stated in the definition in this section for
natural elements onto the real property of
“property held out to the public for the
another person.
transaction of business.”
5-40-8. ENFORCED REMOVAL OF
5-40-4. PLACEMENT AND
LITTER UPON CONVICTION-COSTS
SPECIFICATIONS OF RECEPTACLES ON
TAXED AGAINST VIOLATION. In addition
TRIBAL PROPERTY. The Director of the
to any fine imposed under this chapter, the
Department of Game, Fish and Parks shall
court may order that the person convicted of
promulgate rules and regulations governing
any violation under this chapter remove and
the placement and specifications of litter
properly dispose of the litter, may employ
receptacles on property belonging to the
special bailiffs to supervise such removal
Rosebud Sioux Tribe.
and disposal, and may tax the costs of such
supervision as costs against the person so
5-40-5. LITTERING PROHIBITED- convicted.
EXCEPTIONS. No person shall dump,
deposit, drop, throw, discard, leave, cause 5-40-9. VIOLATION OF CHAPTER. Any
or permit the dumping, depositing, dropping, person who violated any of the provisions of
throwing, discarding or leaving of litter upon this chapter is guilty of a Class B offense.
any public or private property, or upon or
The penalties prescribed by this section and
into a river, lake, pond, or other body of
by 5-34-1 are in addition to, and not in lieu of,
water, within the jurisdiction of the Rosebud
any penalties, rights, remedies, duties or
Sioux Tribe, unless:
liabilities otherwise imposed or conferred by
(1) The property has been designated by
law.
the Rosebud Sioux Tribe or any of its
agencies for the disposal of litter, and the
litter is disposed of on that property in 5-40-10. ENFORCEMENT AND
accordance with the applicable law of the PROSECUTION. This chapter shall be
Rosebud Sioux Tribe; enforced by all law enforcement officers,
(2) The litter is placed into a receptacle or Tribal or Bureau of Indian Affairs, any
other container intended by the owner or officers of the Department of Game, Fish and
tenant in lawful possession of that property Parks, and any other officers or persons
for the deposit of litter; authorized by the Rosebud Sioux Tribe to
(3) The person is acting under the enforce Tribal law. Prosecutions for violation
direction of proper public officials during of this chapter shall be conducted by the
special cleanup days; or prosecutors for the Rosebud Sioux Tribe.
(4) The person is lawfully acting in or The prosecutor of the Rosebud Sioux Tribe
reacting to an emergency situation where may also file for an injunction against
health and safety is threatened, and remove continuing violations.

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this chapter shall be punishable according to
5-40-11. INJUNCTION OF VIOLATIONS- the classes of crime defined in Chapter Two
CITIZENS’ SUITS-ALTERNATIVE OR IN above, as follows:
(1) If the value of the funds, assets or
ADDITION TO CRIMINAL
property involved is less than $50, it shall
PROCEEDINGS. Any person violating the
be a Class C crime.
provisions of this chapter may be enjoined
(2) If the value of the funds, assets or
from further violations in the Rosebud Sioux
Tribal Court. Such suits may be brought by property involved is $50 or more, it shall be
any person. An action for injunction shall be a Class B crime.
an alternative to, or in addition to, criminal (3) If the value of the funds, assets or
proceedings. Nothing in this section shall property involved is $200 or more, it shall
prevent any person from bringing a civil be a Class A crime.
action for any damage of any nature
(4) If the value of the funds, assets or
whatsoever sustained as a result of any
violations of this chapter. property involved is $1,000 or more, it shall
be a tribal felony.
CHAPTER 41 – ILLEGAL SALE AND If no evidence as to the value of the funds,
assets or property involved in a violation of
MISUSE OF COMMODITIES AND this chapter is presented and the value of
RELATED CRIMES such is not obvious without presentation of
such evidence, and it is otherwise proven
5-41-1. Illegal Sale and Misuse Of that a violation has occurred, the crime
Commodities and Related shall be a Class C crime.
Crimes - Amendment
5-41-2. Categories Of Illegal Sale 5-41-3. TRIBAL FELONY DEFINED. A
and Misuse Of Commodities
tribal felony carries a maximum penalty of a
– Amendment
fine not to exceed Five Thousand Dollars
5-41-3. Tribal Felony Defined –
($5,000.00) and court costs or a jail term not
Amendment
to exceed one year or both the fine and the
jail term.
5-41-1. ILLEGAL SALE AND MISUSE OF
COMMODITIES AND RELATED CRIMES CHAPTER 42 – ROSEBUD SIOUX
DEFINED. Any person who, in violation of
TRIBE SEX OFFENDER
tribal and/or federal law, receives, retains,
disposes, sells, barters, embezzles, steals, REGISTRATION CODE
willfully misapplies or obtains by fraud, any
funds, assets, or property, which at any time 5-42-1 Title – Amendment
are issued by, possessed or owned by the 5-42-2 Purpose - Amendment
United States Department of Agriculture 5-42-3 Need - Amendment
Food Distribution Program (USDA 5-42-4 Creation Of Registries -
Commodities); the Women’s, Infants and Amendment
Children supplemental food program (WIC), 5-42-5 Creation Of Registries -
or any Tribal Food Assistance Program, or Amendment
programs of like nature, or whoever, in 5-42-6 Definitions - Amendment
violation of federal and/or tribal law, 5-42-7 Covered Offenses -
receives, conceals, or retains such funds, Amendment
assets or property for their use and gain, 5-42-8 Tiered 1 Offenses -
knowing such funds, assets, or property for Amendment
their use and gain, knowing such funds, 5-42-9 Tiered 2 Offenses -
assets, or property have been received, Amendment
retained disposed, sold, bartered, 5-42-10 Tiered 3 Offenses –
embezzled, stolen, willfully misapplied or Amendment
obtained by fraud, shall be guilty of the illegal 5-42-11 Required Information -
sale and misuse of commodities and related Amendment
crimes. 5-42-12 Criminal History –
Amendment
5-42-13 Date Of Birth - Amendment
5-41-2. CATEGORIES OF ILLEGAL SALE 5-42-14 DNA Sample - Amendment
AND MISUSE OF COMMODITIES AND 5-42-15 Driver’s Licenses,
RELATED CRIMES. Any violations under Identification Cards,

129
Passports and Immigration 5-42-1. TITLE.
Documents - Amendment
5-42-16 Employment Information - This Code/Ordinance shall be known as the
Amendment Rosebud Sioux Tribe Sex Offender
5-42-17 Finger and Palm Prints - Registration Code.
Amendment
5-42-18 Internet Identifiers - 5-42-2. PURPOSE.
Amendment
5-42-19 Name - Amendment
The intent of this code is to implement the
5-42-20 Phone Numbers -
federal Sex Offender Registration and
Amendment Notifications Act (SORNA) (Title I of Public
5-42-21 Picture – Amendment Law 109-248) and shall be interpreted
5-42-22 Physical Description -
liberally to comply with the terms and
Amendment conditions of SORNA as presently written or
5-42-23 Professional Licensing
hereafter amended.
Information - Amendment
5-42-24 Residence Address -
Amendment 5-42-3. NEED.
5-42-25 School - Amendment
5-42-26 Social Security Number - Violent crime in Indian Country is more than
Amendment twice the national average. The Rosebud
5-42-27 Temporary Lodging - Sioux Tribe is disproportionately affected by
Amendment violent crime and sex offenses in particular
5-42-28 Offense Information - from both Indian and non-Indian
Amendment perpetrators. Moreover, sexual violence has
5-42-29 Vehicle Information - multi-generational effects that imperil the
Amendment future well-being of the Rosebud Sioux Tribe.
5-42-30 Frequency, Duration, Consequently, the conduct and presence of
Reduction - Amendment convicted sex offenders within the Rosebud
5-42-31 Requirements For In Person Sioux Community threatens the political
Appearances - Amendment integrity, economic security, health and
5-42-32 Where Registration Is welfare of the Tribe.
Required - Amendment
5-42-33 Time of Registration - 5-42-4. CREATION OF REGISTRIES.
Amendment
5-42-34 Retroactive Registration - Sex Offender Registry. There is hereby
Amendment established a sex offender registry, which
5-42-35 Keeping Registration the Rosebud Sioux Tribe Police Department
Current - Amendment shall maintain and operate pursuant to the
5-42-36 Failure To Appear For provisions of this Chapter, as amended. The
Registration and Rosebud Sioux Tribe Sex Offender Registry
Absconding - Amendment is accessible at: www.rosebud.nsopw.gov.
5-42-37 Website - Amendment
5-42-38 Required and Prohibited 5-42-5. CREATION OF REGISTRIES.
Information - Amendment
5-42-39 Community Notification Public Sex Offender Registry Website. There
5-42-40 Immunity - Amendment is hereby established a public sex offender
5-42-40 Crime and Civil Sanctions - registry website, which the Rosebud Sioux
Amendment Tribe Police Department shall maintain and
5-42-42 Community Safety Zones – operate pursuant to the provisions of this
Amendment Chapter, as amended.
5-42-43 Community Safety Zones -
Amendment 5-42-6. DEFINITIONS.
5-42-44 Community Safety Zones -
Amendment The Definitions below apply to this Chapter
5-42-45 Community Safety Zones - only.
Amendment
5-42-46 Community Safety Zones -
A. Convicted. An adult sex offender is
Amendment “convicted” for the purpose of this code
5-42-47 Community Safety Zones -
if the sex offender is either:
Amendment

130
(1) prosecuted and found guilty as an visit the reservation for a period of 24
adult for a sex offense; or hours or more.
(2) is adjudicated delinquent as a I. Sex Offender. A person convicted of a
juvenile for a sex offense, but only if the sex offense is a “sex offender”.
offender is 14 years of age or older at J. Sex Offense. The term “sex offense”
the time of the offense and the offense means:
adjudicated was comparable to or more (1) A criminal offense that has an
severe than aggravated sexual abuse element involving a sexual act or
(as described in either (a) or (b) of sexual contact with another;
section 2241 of Title 18, United States (2) A criminal offense that is a “specified
Code), or was an attempt or conspiracy offense against a minor”. The term
to commit such an offense. “specified offense against a minor”
B. Foreign Convictions. A foreign means an offense against a minor
conviction is one obtained outside of that involves any of the following:
the United States. (a) An offense (unless committed
C. Employee. The term “employee” as by a parent or guardian)
involving kidnapping.
used in this code includes, but is not
(b) An offense (unless committed
limited to, an individual who is self-
by a parent or guardian)
employed or works for any other entity,
involving false imprisonment.
regardless of compensation.
(c) Solicitation to engage in sexual
Volunteers of a tribal agency or
conduct.
organization are included within the
(d) Use in a sexual performance.
definition of employee for registration
(e) Solicitation to practice
purposes.
prostitution.
D. Immediate. “Immediate” and
(f) Video voyeurism as described
“immediately” means within 3 business
in 18 U.S.C. § 1801.
days. (g) Possession, production, or
E. Imprisonment. The term distribution of child
“imprisonment” refers to incarceration pornography.
pursuant to a conviction, regardless of (h) Criminal sexual conduct
the nature of the institution in which the involving a minor, or the use of
offender serves the sentence. The the Internet to facilitate or
terms is to be interpreted broadly to attempt such conduct.
include, for example, confinement in a (i) Any conduct that by its nature
state “prison” as well as in a federal, is a sex offense against a minor.
military, foreign, BIA, private or (3) A Federal offense (including an
contract facility, or a local or tribal offense prosecuted under section
“jail”. Persons under “house arrest” 1152 or 1153 of Title 18 of the
following conviction of a covered sex United States Code) under section
offense are required to register 1591, or chapter 109A, 110 (other
pursuant to the provisions of this code than section 2257, 2257A, or 2258),
during the period of “house arrest”. or 117, of Title 18 of the United
F. Jurisdiction. The term “jurisdiction” as States Code;
used in this code refers to the 50 states, (4) A military offense specified by the
the District of Columbia, the Secretary of Defense under section
Commonwealth of Puerto Rico, Guam, 115(a)(8)(C)(i) of Public Law 105-
American Samoa, the Commonwealth of 119 (10 U.S.C. 951 note); or
the Northern Mariana Islands, the (5) An attempt to conspiracy to commit
United States Virgin Islands and any an offense described in clauses (1)
Indian Tribe. through (4).
G. Minor. The term “minor” means an (6) Offenses involving Consensual
individual who has not attained the age Sexual Conduct. An offense
of 18 years. involving consensual sexual
H. Resides. The term “reside” or “resides” conduct is not a sex offense for the
means, with respect to an individual, purposes of this Code if the victim
the location of the individual’s home or was an adult, unless the adult was
other place where the individual under the custodial authority of the
habitually lives or sleeps. This offender at the time of the offense,
definition includes sex offenders who or if the victim was at least thirteen
(13) years old and the offender was

131
not more than four (4) years older Walsh Child Protection and Safety Act
than the victim. of 2006 P.L. 109-248), 42 U.S.C. §16911
(7) Foreign Offenses. A foreign et. seq., as amended.
conviction is not a sex offense for O. Sex Offender Registry. The term ‘sex
the purposes of this code/ordinance offender registry” means the registry of
unless it either: sex offenders, and a notification
(a) Obtained under the laws of program, maintained by Rosebud Sioux
Canada, the United Kingdom, Tribe Police Department.
Australia, New Zealand, or P. National Sex Offender Registry (NSOR).
(b) Under the laws of any foreign The national database maintained by
country when the United State the Attorney General of the United
Department in its Country States pursuant to 42 U.S.C. §16919.
Reports on Human Rights Q. SMART Office. The Office of Sex
Practices has concluded that Offender Sentencing, Monitoring,
an independent judiciary Apprehending, Registering, and
generally or vigorously Tracking, which was established within
enforced the right to a fair trial the United States Department of Justice
in that country during the year under the general authority of the
in which the conviction Attorney General of the United States
occurred. pursuant to 42 U.S.C. §16945.
K. Sexual Act. The term “sexual act” R. Dru Sjodin National Sex Offender Public
means: Website (NSOPW). The public website
(1) Contact between the penis and the maintained by the Attorney General of
vulva or the penis and the anus, and the United States pursuant to 42 U.S.C.
for purposes of this definition §16920.
contact involving the penis occurs
S. “Tier 1 Sex Offender”. A “tier 1 sex
upon penetration, however slight;
offender” or a “sex offender”
(2) Contact between the mouth and the
designated as “tier 1”, is one that has
penis, the mouth and the vulva, or
been convicted of a “tier 1” sex offense
the mouth and the anus;
defined in 5-42-8.
(3) The penetration, however slight, of
the anal or genital opening of T. “Tier 2 Sex Offender”. A “tier 2 sex
another by a hand or finger or by offender”, or a “sex offender”
any object, with an intent to abuse, designated as “tier 2”, is one that has
humiliate, harass, degrade, or been either convicted of a “tier 2” sex
arouse or gratify the sexual desire offense as defined in 5-42-9, or who is
of any person; or subject to the recidivist provisions of 5-
(4) The intentional touching, not through 42-9(B).
the clothing, of the genitalia of U. “Tier 3 Sex Offender”. A “tier 3 sex
another person that has not offender”, or a “sex offender”
attained the age of 18 years with an designated as “tier 3”, is one that has
intent to abuse, humiliate, harass, been either convicted of a “tier 3” sex
degrade, or arouse or gratify the offense as defined in 5-42-10, or who is
sexual desire of any person. subject to the recidivist provisions of 5-
L. Sexual Contact. The intentional 42-10(B).
touching, either directly or through the
clothing, of the genitalia, anus, groin, 5-42-7. COVERED OFFENSES.
breast, inner thigh, or buttocks of any
person with an intent to abuse, Individuals who reside within the exterior
humiliate, harass, degrade, or arouse boundaries of the Rosebud Reservation or
or gratify the sexual desires of another otherwise reside on property owned by the
person. Rosebud Sioux Tribe in fee or trust
M. Student. A “student” is a person who regardless of location, are employed within
enrolls in or attends either a private or the exterior boundaries of the Rosebud
public education institution, including a Reservation or on property owned by the
secondary school, trade or professional Rosebud Sioux Tribe in fee or trust
school, or an institution of higher regardless of location, or students who
education. Including, but not limited to attend school within the exterior boundaries
interns, externs and apprentices. of the Rosebud Reservation or on property
N. SORNA. The Sex Offender Registration owned by the Rosebud Sioux Tribe in fee or
and Notification Act (Title I of the Adam trust regardless of location, or offenders who
visit the Rosebud Reservation for a period of

132
24 hours or more, that have been convicted (20) 18 U.S.C. §1152 (Assimilative Crimes
of any of the following offenses, or convicted Act),
of an attempt or conspiracy to omit any other (21) 18 U.S.C. §1153 (Assimilative Crimes
following offenses, are subject to the Act).
requirements of this code: C. Foreign Offenses. Any conviction for a
A. Tribal Offenses. sex offense involving any conduct listed
(1) RSTLOC 5-7-1 Aggravated Sexual in this Section that was obtained under
Abuse, the laws of Canada, the United Kingdom,
(2) RSTLOC 5-7-2 Sexual Abuse, Australia, New Zealand, or under the
(3) RSTLOC 5-7-4 Abusive Sexual laws of any foreign country when the
Contact, United States State Department in its
(4) 5-7-5 Sexual Contact without Country Reports on Human Rights
Consent with Person Capable of Practices has concluded that in
Consenting, independent judiciary generally or
(5) 5-7-7 Threatening to Commit a vigorously enforced the right to a fair
Sexual Offense, trial in that country during the year in
(6) 5-7-8 Bestiality, which the conviction occurred.
(7) 5-7-11 Indecent Exposure, D. Military Offenses. Any military offense
B. Federal Offenses. A conviction for any of specified by the Secretary of Defense
the following, and any other offense under section 115(a)(8)(C)(i) of Public
hereafter included in the definition of Law 105-119 (codified at 10 U.S.C. 951
“sex offense” at 42 U.S.C. §16911(5). note).
(1) 18 U.S.C. §1591 (sex trafficking of E. Juvenile Offenses or Adjudications. Any
children), sex offense, or attempt or conspiracy to
(2) 18 U.S.C. §1801 (video voyeurism of commit a sex offense, that is comparable
a minor), to or more severe than the federal crime
(3) 18 U.S.C. §2241 (aggravated sexual of aggravated sexual abuse (as codified
abuse), in 18 U.S.C. §2241) and committed by a
(4) 18 U.S.C. §2242 (sexual abuse), minor who is 14 years of age or older at
(5) 18 U.S.C. §2243 (sexual abuse of a the time of the offense. This includes
minor or ward), engaging in a sexual act with another by
(6) 18 U.S.C. §2244 (abusive sexual force or the threat of serious violence; or
contact), engaging in a sexual act with another by
(7) 18 U.S.C. §2245 (offenses resulting rendering unconscious or involuntarily
in death), drugging the victim.
(8) 18 U.S.C.§ 2251 (sexual exploitation F. Jurisdiction Offenses. Any sex offense
of children), committed in any jurisdiction, including
(9) 18 U.S.C. §2251A (selling or buying this tribe, that involves:
of children), (1) Any type or degree of genital, oral or
(10) 18 U.S.C. §2252 (material involving anal penetration,
the sexual exploitation of a minor), (2) Any sexual touching of or sexual
(11) 18 U.S.C. §2252A (material contact with a person’s body, either
containing child pornography), directly or through the clothing,
(12) 18 U.S.C. §2252B (misleading (3) Kidnapping of a minor,
domain names on the internet),
(4) False imprisonment of a minor,
(13) 18 U.S.C. §2252C (misleading words
or digital images on the internet), (5) Solicitation to engage a minor in
(14) 18 U.S.C. §2260 (production of sexual conduct understood broadly
sexually explicit depictions of a to include any direction, request,
minor for import into the U.S.), enticement, persuasion, or
(15) 18 U.S.C. §2421 (transportation of a encouragement of a minor to engage
minor for illegal sexual activity), in sexual conduct,
(16) 18 U.S.C. §2422 (coercion and (6) Use of a minor in a sexual
enticement of a minor for illegal performance,
sexual activity), (7) Solicitation of a minor to practice
(17) 18 U.S.C. §2423 (Mann Act), prostitution,
(18) 18 U.S.C. §2424 (failure to file (8) Possession, production, or
factual statement about an alien distribution of child pornography,
individual), (9) Criminal sexual conduct that
(19) 18 U.S.C. §2425 (transmitting involves physical contact with a
information about a minor to further minor or the use of the internet to
criminal sexual conduct), facilitate or attempt such conduct.

133
This includes offenses whose (5) 18 U.S.C. §2252C (misleading words
elements involve the use of other or digital images on the internet),
persons in prostitution, such as (6) 18 U.S.C. §2422(a) (coercion to
pandering, procuring, or pimping in engage in prostitution),
cases where the victim was a minor (7) 18 U.S.C. §2423(b) (travel with the
at the time of the offense, intent to engage in illicit conduct),
(10)Any conduct that by its nature is a (8) 18 U.S.C. §2423(c) (engaging in illicit
sex offense against a minor, or conduct in foreign places),
(11)Any offense similar to those outlined (9) 18 U.S.C. §2424 (failure to file factual
in: statement about an alien individual),
(a) 18 U.S.C §1591 (sex trafficking or
by force, fraud, or coercion), (10)18 U.S.C. §2425 (transmitting
(b) 18 U.S.C. §1801 (video information about a minor to further
voyeurism of a minor), criminal sexual conduct).
(c) 18 U.S.C. §2241 (aggravated E. Certain Military Offenses. Any military
sexual abuse), offense specified by the Secretary of
(d) 18 U.S.C. §2242 (sexual abuse), Defense under section 115(a)(8)(C)(i) of
(e) 18 U.S.C. §2244 (abusive sexual Public Law 105-119 (codified at 10 U.S.C.
contact), §951 note) that is similar to those
(f) 18 U.S.C. §2422 (coercing a offenses outlined in 5-42-8(A), (B), or (C)
minor to engage in prostitution), shall be considered a “Tier 1” offense.
or
(g) 18 U.S.C. §2423(a) (transporting 5-42-9. TIER 2 OFFENSES.
a minor to engage in illicit
conduct). A. Recidivism and Felonies. Unless
otherwise covered by 5-42-10, any sex
5-42-8. TIER 1 OFFENSE. offense that is not the first sex offense
for which a person has been convicted
A. Sex Offenses. A “Tier 1” offense and this punishable by more than one
includes any sex offense for which a year in jail is considered a “Tier 2”
person has been convicted, or an offense.
attempt or conspiracy to commit such an B. Offenses Involving Minors. A “Tier 2”
offense, that is not a “Tier 2” or “Tier 3” offense include any sex offense against a
offense. minor for which a person has been
B. Offenses Involving Minors. A “Tier 1” convicted, or attempt or conspiracy to
offense also includes any offence for commit such an offense, that involves:
which a person has been convicted by (1) The use of minors in prostitution,
any jurisdiction, local government, or including solicitations,
qualifying foreign country pursuant to 5- (2) Enticing a minor to engage in
42-7(C) that involves the false criminal sexual activity,
imprisonment of a minor, video (3) Sexual contact with a minor 13 years
voyeurism of a minor, or possession or of age or older, whether directly or
receipt of child pornography. indirectly through the clothing, that
C. Tribal Offenses. Any sex offense involves the intimate parts of the
covered by this act where punishment body,
was limited to one year in jail shall be (4) A non-forcible Sexual Act with a
considered a “Tier 1” sex offense. minor 16 or 17 years old,
D. Certain Federal Offenses. Conviction for (5) The use of a minor in a sexual
any of the following federal offenses performance, or
shall be considered a conviction for a (6) The production or distribution of
“Tier 1” offense: child pornography.
(1) 18 U.S.C. §1801 (video voyeurism of C. Certain Federal Offenses. Convictions
a minor), for any of the following federal offenses
(2) 18 U.S.C. (receipt or possession of shall be considered a conviction for a
child pornography), “Tier 2” offense:
(3) 18 U.S.C. §2252A (receipt or (1) 18 U.S.C. §1591 (sex trafficking by
possession of child pornography), force, fraud, or coercion),
(4) 18 U.S.C. §2252B (misleading (2) 18 U.S.C. §2243 (sexual abuse of a
domain names on the internet), minor or ward),

134
(3) 18 U.S.C. §2244 (abusive sexual with the intimate parts of the
contact, where the victim is 13 years body, either directly or through
of age or older), the clothing.
(4) 18 U.S.C. §2251 (sexual exploitation C. Certain Federal Offenses.
of children), Convictions for any of the following
(5) 18 U.S.C. §2251A (selling or buying federal offenses shall be considered
children), conviction for a “Tier 3” offense:
(6) 18 U.S.C. §2252 (material involving (1) 18 U.S.C. §2241 (a) and (b)
the sexual exploitation of a minor), (aggravated sexual abuse),
(7) 18 U.S.C. §2252A (production or (2) 18 U.S.C. §2242 (sexual abuse),
distribution of material containing or
child pornography), (3) Where the victim is 12 years of
(8) 18 U.S.C. §2260 (production of age or younger, 18 U.S.C. §2244
sexually explicit depictions of a (abusive sexual contact).
minor for import into the United D. Certain Military Offenses. Any
States), military offense specified by the
(9) 18 U.S.C. §2421 (transportation of a Secretary of Defense under section
minor for illegal sexual activity), 115(a)(8)(i) of Public Law 105-119
(10)18 U.S.C. §2422(b) (coercing a (codified at 10 U.S.C. §951 note) that
is similar to those offenses outlined
minor to engage in prostitution),
in 5-42-10(A),(B), or (C) shall be
(11)18 U.S.C. §2423(a) (transporting a considered a “Tier 3” offense.
minor to engage in illicit conduct).
D. Certain Military Offenses. Any military 5-42-11. GENERAL REQUIREMENTS.
offense specified by the Secretary of
Defense under section 115(a)(8)(i) of
A. Duties. A sex offender covered b this
Public Law 105-119 (codified at 10 U.S.C.
code who is required to register with the
§951 note) that is similar to those
tribe pursuant to Chapter 5 shall provide
offenses outlined in 5-42-9(A), (B), (C)
all of the information detailed in this
shall be considered a “Tier 2” offense.
chapter to the Rosebud Sioux Tribe
Police Department, and the Rosebud
5-42-10. TIER 3 OFFENSES. Sioux Tribe Police Department shall
obtain all of the information detailed in
A. Recidivism and Felonies. Any sex the chapter from covered sex offenders
offense that is punishable by more who are required to register with the
than one year in jail where the tribe in accordance with this code and
offender has at least one prior shall implement any relevant policies and
conviction for a Tier 2 sex offense, or procedures.
has previously become a Tier 2 sex B. Digitization. All information obtained
offender, is a “Tier 3” offense. under this code shall be, at a minimum,
B. General Offenses. A “Tier 3” offense maintained by the Rosebud Sioux Tribe
includes any sex offense for which a Police Department in a digitized format.
person has been convicted, or C. Electronic Database. A sex offender
attempt or conspiracy to commit registry shall be maintained in an
such an offense, that involves: electronic database by the Rosebud
(1) Non-parental kidnapping of a Sioux Tribe Police Department and shall
minor, be in a form capable of electronic
(2) A sexual act with another by transmission.
force or threat,
(3) A sexual act with another who 5-42-12. CRIMINAL HISTORY.
has been rendered unconscious,
involuntarily or voluntarily A. Criminal History. The Rosebud Sioux
drugged, or who is otherwise Tribe Police Department or designee
incapable of appraising the shall obtain, and a covered sex offender
nature of the conduct or shall provide, the following information
declining to participate, or related to the sex offender’s criminal
(4) Sexual contact with a minor 12 history.
years of age or younger, (1) The date of all arrests,
including offenses that cover (2) The date of all convictions,
sexual touching of or contact

135
(3) The sex offender’s status of parole, 5-42-16. EMPLOYMENT INFORMATION.
probation, or supervised release,
(4) The sex offender’s registration A. Employment. The Rosebud Sioux Tribe
status, and Police Department or designee shall
(5) Any outstanding arrest warrants. obtain, and a covered sex offender shall
provide, the following information related
5-42-13. DATE OF BIRTH. to the sex offender’s employment to
include any and all places where the sex
A. Date of Birth. The Rosebud Sioux Tribe offender is employed in any means
Police Department or designee shall including volunteer and unpaid positions:
obtain, and a covered sex offender shall (1) The name of the sex offender’s
provide, the following information related employer,
to the sex offender’s date of birth: (2) The address of the sex offender’s
(1)The sex offender’s actual date of employer, and
birth, and (3) Similar information related to any
(2)Any other date of birth used by the transient or day labor employment.
sex offender.
5-42-17. FINGER AND PALM PRINTS.
5-42-14. DNA SAMPLE.
A. Finger and Palm Prints. The Rosebud
A. DNA. If the sex offender’s DNA is not Sioux Tribe Police Department or
already contained in the Combined DNA designee shall obtain, and a covered sex
Index System (CODIS), the sex offender offender shall provide, both finger and
shall provide the Rosebud Sioux Tribe palm prints of the sex offender in a
Police Department or designee a sample digitized format.
of his or her DNA. B. Such prints shall be submitted by the
B. CODIS. Any DNA sample obtained from Rosebud Sioux Tribe Police Department
a sex offender shall be submitted to an to the FBI Central Database (Next
appropriate lab for analysis and entry of Program).
the resulting DNA profile to CODIS.
5-42-18. INTERNET IDENTIFIERS.
5-42-15. DRIVER’S LICENSE,
IDENTIFICATION CARDS, PASSPORTS, A. Internet Names. The Rosebud Sioux
Tribe Police Department or designee
AND IMMIGRATION DOCUMENTS.
shall obtain, and a covered sex offender
shall provide, the following information
A. Driver’s License. The Rosebud Sioux related to the sex offender’s internet
Tribe Police Department or designee related activity.
shall obtain, and a covered sex offender
(1) Any and all email addresses used by
shall provide, a photocopy of all of the
the sex offender,
sex offender’s valid driver’s licenses
issued by any jurisdiction. (2) Any and all Instant Message
addresses and identifiers,
B. Identification Cards. The Rosebud
Sioux Tribe Police Department or (3) Any and all other designations or
designee shall obtain, and a covered monikers used for self-identification
sex offender shall provide, a photocopy in internet communications or
of any identification card including the postings, and
sex offender’s tribal enrollment card (4) Any and all designations used by the
issued by any jurisdiction. sex offender for the purpose of
C. Passports. The Rosebud Sioux Tribe routing or self-identification in
Police Department or designee shall internet communications or
obtain, and a covered sex offender shall postings.
provide, a photocopy of any passports
used by the sex offender. 5-42-19. NAME.
D. Immigration Documents. The Rosebud
Sioux Tribe Police Department or A. Name. The Rosebud Sioux Tribe Police
designee shall obtain, and a covered Department or designee shall obtain, and
sex offender shall provide, a photocopy a covered sex offender shall provide, the
of any and all immigration documents. following information related to sex
offender’s name:

136
(1) The sex offender’s full primary given 5-42-23. PROFESSIONAL LICENSING
name, INFORMATION.
(2) Any and all nicknames, aliases, and
pseudonyms regardless of the A. Professional Licenses. The Rosebud
context in which it is used, and Sioux Tribe Police Department or
(3) Any and all ethnic or tribal names by designee shall obtain, and a covered sex
which the sex offender is commonly offender shall provide, all licensing of the
known. This does not include any sex offender that authorizes the sex
religious or sacred names not offender to engage in an occupation or
otherwise commonly known. carry out a trade or business.

5-42-24. RESIDENCE ADDRESS.
5-42-20. PHONE NUMBERS.
A. Address. The Rosebud Sioux Tribe
A. Phone Numbers. The Rosebud Sioux Police Department or designee shall
Tribe Police Department or designee obtain, and a covered sex offender shall
shall obtain, and a covered sex offender provide, the following information related
shall provide, the following information to the sex offender’s residence:
related to the sex offender’s telephone
(1) The address of each residence at
numbers:
which the sex offender resides or will
(1) Any and all land line telephone reside, and
numbers, and
(2) Any location or description that
(2) Any and all cellular telephone identifies where the sex offender
numbers. habitually resides regardless of
whether it pertains to a permanent
5-42-21. PICTURE. residence or location otherwise
identifiable by a street or address.
A. Photograph. The Rosebud Sioux Tribe
Police Department or designee shall 5-42-25. SCHOOL.
obtain, and a covered sex offender shall
provide, a current photograph of the sex A. School Location. The Rosebud Sioux
offender. Tribe Police Department or designee
B. Update Requirements. Unless the shall obtain, and a covered sex offender
appearance of a sex offender has not shall provide, the following information
changed significantly, a digitized related to the sex offender’s school:
photograph shall be collected: (1) The address of each school where
(1) Every 90 days for Tier 3 sex the sex offender is or will be a
offenders. student, and
(2) Every 180 days for Tier 2 sex (2) The name of each school the sex
offenders, and offender is or will be a student.
(3) Every year for Tier 1 sex offenders.
5-42-26. SOCIAL SECURITY.
5-42-22. PHYSICAL DESCRIPTION. NUMBER

A. Physical Description. The Rosebud A. Social Security. The Rosebud Sioux
Sioux Tribe Police Department or Tribe Police Department or designee
designee shall obtain, and a covered sex shall obtain, and a covered sex offender
offender shall provide, an accurate shall provide, the following information:
description of the sex offender as
(1) A valid social security number for
follows”
the sex offender, and
(1) A physical description,
(2) Any social security number the sex
(2) A general description of the sex offender has used in the past, valid
offender’s physical appearance or or otherwise.
characteristics, and
(3) Any identifying marks, such as, but 5-42-27. TEMPORARY LODGING.
not limited to, scars, moles,
birthmarks, tattoos or body piercing.
A. Lodging Information. The Rosebud Sioux
Tribe Police Department or designee
shall obtain, and a covered sex offender

137
shall provide the following information (4) Any permanent or frequent location
when the sex offender will be absent where any covered vehicle is kept.
from his residence for three (3) days or
more.
(1) Identifying information of the 5-42-30. FREQUENCY, DURATION AND
temporary lodging locations REDUCTION.
including addresses and names,
(2) The dates the sex offender will be
A. Frequency. A sex offender who is
staying at each temporary location.
required to register shall, at a minimum,
(3) Travel Abroad. In the event the sex appear in person at the Rosebud Sioux
offender will be traveling outside the Tribe Police Department for purposes of
United States for more than three (3) verification and keeping their
days, the Rosebud Sioux Tribe Police registration current in accordance with
Department or designee shall the following time frames:
immediately provide this information (1) For “Tier 1” offenders, once every
to INTERPOL and any other
year for 15 years from the time of
jurisdiction where the offender is
release from custody for a sex
registered or required to register,
offender who is incarcerated for the
and
registration offense or from the date
(a) The Rosebud Sioux Tribe Police of sentencing for a sex offender who
Department must also notify the is not incarcerated for the
U.S. Marshalls Service as well as registration offense.
immediately update NCIC/NSOR (2) For “Tier 2” offenders, once every
information, and
180 days for 25 years from the time
(b) The sex offender shall notify the of release from custody for a sex
Rosebud Sioux Tribe Police offender who is incarcerated for the
Department or designee of such registration offense or from the date
intent to travel outside of the of sentencing for a sex offender who
United States at least 28 days in is not incarcerated for the
advance of such travel. registration offense.
(3) For “Tier 3” offenders, once every 90
5-42-27. OFFENSE INFORMATION. days for the rest of their lives.
B. Reduction of Registration Periods. A sex
A. Offense Information. The Rosebud Sioux offender may have their period of
Tribe Police Department or designee registration reduced as follows:
shall obtain the text of each provision of (1) A Tier 1 offender may have or her
law defining the criminal offense(s) for period of registration reduced to 10
which the sex offender is registered. years if he or she has maintained a
B. SORNA Database. The text of each clean record for 10 consecutive
provision of law mentioned in 5-42-28(A) years;
shall be cross linked to the SORNA (2) A Tier 3 offender may have his or her
Database containing the text of relevant period of registration reduced to 25
sex related laws for all jurisdictions. years if he or she was adjudicated
delinquent of an offense as a juvenile
5-42-28. VEHICLE INFORMATION. that required Tier 3 registration and
he or she has maintained a clean
A. Detailed Information. The Rosebud record for 25 consecutive years.
Sioux Tribe Police Department or C. Clean Record. For purposes of 5-42-
designee shall obtain, and a covered sex 30(B) a person has a clean record if:
offender shall provide, the following (1) He or she has not been convicted of
information related to all vehicles owned any offense, for which imprisonment
or operated by the sex offender for work for more than 1 year may be
or personal use including land vehicles, imposed,
aircraft, and watercraft: (2) He or she has not been convicted of
(1) License plate numbers, any sex offense,
(2) Registration numbers or identifiers, (3) He or she has successfully
(3) General description of the vehicle to completed, without revocation, any
include color, make, model, and year period of supervised release,
and probation, or parole, and

138
(4) He or she has successfully Department of the Rosebud Sioux
completed an appropriate sex Tribe if he or she is employed by the
offender treatment program certified tribe in any capacity or otherwise is
by the tribe, another jurisdiction, or employed within lands subject to the
by the Attorney General of the jurisdiction of the tribe.
United States. E. Jurisdiction of School Attendance. A
sex offender must register with the
5-42-31. REQUIREMENTS FOR IN Rosebud Sioux Tribe Police
PERSON APPEARANCES. Department of the Rosebud Sioux
Tribe is the sex offender is a student
in any capacity within lands subject
A. Photographs. At each in person
to the jurisdiction of the tribe.
verification, the sex offender shall permit
the Rosebud Sioux Tribe Police
Department to take a photograph of the 5-42-33. TIMING OF
offender. REGISTRATION.
B. Review of Information. At each in person
verification the sex offender shall review A. Timing. A sex offender required to
existing information for accuracy. register with the tribe under this
C. Notification. If any information or code shall do so in the following
change in information is obtained at an in timeframe:
person verification, the Rosebud Sioux (1) If convicted by the Rosebud
Tribe Police Department shall Sioux Tribe for a covered sex
immediately notify all other jurisdictions offense and incarcerated, the
in which the sex offender is required to sex offender must register
register of the information or change in before being released from
information. incarceration.
(2) If convicted by the Rosebud
5-42-32. WHERE REGISTRATION IS Sioux Tribe but not incarcerated,
REQUIRED. within 3 business days of
sentencing for the registration
offense, and
A. Jurisdiction of Conviction. A sex
(3) Within 3 business days of
offender must initially register with
establishing a residence,
the Rosebud Sioux Tribe Police
commencing employment, or
Department of the Rosebud Sioux
Tribe if the sex offender was becoming a student on lands
subject to the jurisdiction of the
convicted by the Tribal Court of a
tribe, a sex offender must
covered sex offense regardless of
appear in person to register with
the sex offender’s actual or intended
the Rosebud Sioux Tribe Police
residency.
Department.
B. Jurisdiction of Incarceration. A sex
B. Duties of the Rosebud Sioux Tribe
offender must register with the
Police Department. The Rosebud
Rosebud Sioux Tribe Police
Sioux Tribe Police Department shall
Department of the Rosebud Sioux
have policies and procedures in
Tribe if the sex offender is
place to ensure the following:
incarcerated by the tribe while
completing any sentence for a (1) That any sex offender
covered sex offense, regardless of incarcerated or sentenced by
whether it is the same jurisdiction as the tribe for a covered sex
the jurisdiction of conviction or offense completes their initial
residence. registration with the tribe,
C. Jurisdiction of Residence. A sex (2) That the sex offender reads, or
offender must register with the has read to them, and signs a
Rosebud Sioux Tribe Police form stating that the duty to
Department of the Rosebud Sioux register has been explained to
Tribe if the sex offender resides them and that the sex offender
within lands subject to the understands the registration
jurisdiction of the tribe. requirement,
D. Jurisdiction of Employment. A sex (3) That the sex offender is
offender must register with the registered, and
Rosebud Sioux Tribe Police

139
(4) That upon entry of the sex temporary lodging, the sex offender and
offender’s information in to the the Rosebud Sioux Tribe Police
registry, that information is Department shall immediately notify the
immediately forwarded to all jurisdiction in which the sex offender will
jurisdictions in which the sex be temporarily staying.
offender is required to register B. Jurisdiction of School Attendance. Any
due to the sex offender’s sex offender who is a student in any
residency, employment, or capacity within lands subject to the
student status. jurisdiction of the tribe regardless of
location that change their school, or
5-42-34. RETROACTIVE otherwise terminate their schooling,
REGISTRATION. shall immediately appear in person at the
Rosebud Sioux Tribe Police Department
to update that information. The Rosebud
A. Retroactive Registration. The Rosebud Sioux Tribe Police Department shall
Sioux Tribe Police Department shall have ensure that each jurisdiction in which the
in place policies and procedures to sex offender is required to register, or
ensure the following three categories of was required to register prior to the
sex offenders are subject to the
updated information being given, are
registration and updating requirements immediately notified of the change.
of this code:
C. Jurisdiction of employment. Any sex
(1) Sex offenders incarcerated or under
offender who is employed by the tribe in
the supervision of the tribe, whether any capacity or otherwise is employed
for a covered sex offense or other within lands subject to the jurisdiction of
crime, the tribe regardless of location that
(2) Sex offenders already registered or change their employment, or otherwise
subject to a pre-existing sex offender terminate their employment shall
registration requirement under the immediately appear in person at the
tribe’s laws, and Rosebud Sioux Tribe Police Department
(3) Sex offenders reentering the justice to update that information. The Rosebud
system due to conviction for any Sioux Tribe Police Department shall
crime. ensure that each jurisdiction in which the
B. Timing of Recapture. The Rosebud Sioux sex offender is required to register, or
Tribe Police Department shall ensure was required to register prior to the
recapture of the sex offenders updated information being given, are
mentioned in 5-42-34(A) within the immediately notified of the change.
following timeframe to be calculated D. Duties of Rosebud Sioux Tribe Police
from the date of passage of this code: Department. With regard to changes in a
(1) For Tier 1 sex offenders, 1 year, sex offender’s registration information,
(2) For Tier 2 sex offenders, 180 days, the Rosebud Sioux Tribe Police
and Department or designee shall
(3) For Tier 3 sex offenders, 90 days. immediately notify:
(1) All jurisdictions where a sex offender
5-42-35. KEEPING REGISTRATION intends to reside, work, or attend
school,
CURRENT.
(2) Any jurisdiction where the sex
offender is either registered or
A. Jurisdiction of Residency. Al sex
required to register, and
offenders required to register in this
jurisdiction shall immediately appear in (3) Specifically with respect to
person at the Rosebud Sioux Tribe Police information relating to a sex
Department to update any changes to offender’s intent to commence
their name, residence (including residence, school, or employment
termination of residency), employment, outside of the United States, any
or school attendance. All sex offenders jurisdiction where the sex offender is
required to register in this jurisdiction either registered or required to
shall immediately inform the Rosebud register, and the U.S. Marshals
Sioux Tribe Police Deportment in writing Service. The tribal police shall also
of any changes to their temporary ensure this information is
lodging information, vehicle information, immediately updated on NSOR.
internet identifiers, or telephone
numbers. In the event of a change in

140
5-42-36. FAILURE TO APPEAR FOR all appropriate follow-up measures
REGISTRATION AND ABSCONDING. including those outlined in 5-42-36(B).
the Rosebud Sioux Police Department
shall first make an effort to determine if
A. Failure to Appear. In the event a sex
the sex offender is actually employed or
offender fails to register with the tribe as
attending school in lands subject to the
required by this code, the Rosebud Sioux
tribe’s jurisdiction.
Tribe Police Department or designee
shall immediately inform the jurisdiction
5-42-37. WEBSITE.
that provided notification that the sex
offender was to commence residency,
employment, or school attendance with A. Website. The Rosebud Sioux Tribe
the tribe that the sex offender failed to Police Department shall use and
appear for registration. maintain a public sex offender registry
B. Absconded Sex Offenders. If the website.
Rosebud Sioux Tribe Police Department B. Links. The registry website shall include
or designee receives information that a links to sex offender safety and
sex offender has absconded the education resources.
Rosebud Sioux Tribe Police Department C. Instructions. The registry website shall
shall make an effort to determine if the include instructions on how a person can
sex offender has actually absconded. seek correction of information that the
(1) In the event no determination can be individual contends is erroneous.
made, the Rosebud Sioux Tribe D. Warnings. The registry website shall
Police Department or designee shall include warning that information
ensure the tribal police and any contained on the website should not be
other appropriate law enforcement used to unlawfully injure, harass, or
agency is notified. commit a crime against any individual
(2) If the information indicating the named in the registry or residing or
possible absconding came through working at any reported addresses and
notice from another jurisdiction or that any such action could result in civil
federal authorities, they shall be or criminal penalties.
informed that the sex offender has E. Search Capabilities. The registry
failed to appear and register. website shall have the capability of
(3) If an absconded sex offender cannot conducting searches by (1) name; (2)
be located then the tribal police shall county, city, and/or town; and, (3) zip
take the following steps: code and/or geographic radius.
(a) Update the registry to reflect the F. Dru Sjodin National Sex Offender Public
sex offender has absconded or Website. The tribe shall include in the
is otherwise not capable of being design of its website all field search
located, capabilities needed for full participation
(b) Notify the U.S. Marshals Service, in the Dru Sjodin National Sex Offender
Public Website and shall participate in
(c) Seek a warrant for the sex
that website as provided by the Attorney
offender’s arrest. The U.S.
General.
Marshals Service or FBI may be
contacted in an attempt to
obtain a federal warrant for the 5-42-38. REQUIRED AND PROHIBITED
sex offender’s arrest, INFORMATION.
(d) Update the NSOR to reflect the
sex offender’s status as an A. Required Information. The following
absconder, or is otherwise not information shall be made available to
capable of being located, and the public on the sex offender registry
(e) Enter the sex offender into the website:
National Crime Information (1) Notice that an offender is in violation
Center Wanted Person File. of their registration requirements or
C. Failure to Register. In the event a sex cannot be located if the sex offender
offender who is required to register due has absconded,
to their employment or school (2) All sex offenses for which the sex
attendance status fails to do so or offender has been convicted,
otherwise violates a registration (3) The sex offense(s) for which the
requirement of this code, the Rosebud offender is currently registered,
Sioux Tribe Police Department shall take

141
(4) The address of the sex offender’s offender supervision functions,
employer(s), including but not limited to,
(5) The name of the sex offender police, whether BIA, tribal, or
including all aliases, FBI, tribal prosecutors, and
(6) A current photograph of the sex tribal probation.
offender, (3) Immediately notify any and all
(7) A physical description of the sex other registration jurisdictions
offender, where the sex offender is
registered due to the sex
(8) The residential address and, if
offender’s residency, school
relevant, a description of a habitual
attendance, or employment.
residence of the sex offender,
(4) Immediately notify National Child
(9) All addresses of schools attended by
Protection Act agencies, which
the sex offender, and
include any agency responsible
(10) The sex offender’s vehicle license for conducting employment-
plate number along with a related background checks
description of the vehicle. under section 3 of the National
B. Prohibited Information. The following Child Protection Act of 1993 (42
information shall not be available to the U.S.C. 5119a) when a sex
public on the sex offender registry offender registers or updates
website: registration.
(1) Any arrest that did not result in B. Community Notification. The
conviction, Rosebud Sioux Tribe Police
(2) The sex offender’s social security Department shall ensure there is an
number, automated community notification
(3) Any travel and immigration process in place that ensures the
documents, the identity of the victim, following:
and (1) Upon a sex offender’s
(4) Internet identifiers (as defined in 42 registration or update of
U.S.C. §16911). information with the tribe, the
C. Witness Protection. For sex offenders tribe’s public sex offender
who are under a witness protection registry website is immediately
program, the tribal police may honor the updated,
request of the United States Marshals (2) The tribe’s public sex offender
Service or other agency responsible for registry has a function that
witness protection by not including the enables the general public to
original identity of the offender on the request an e-mail notice that will
publicly accessible sex offender registry notify them when a sex offender
website. commences residence,
employment, or school
5-42-39. COMMUNITY attendance with the tribe, within
a specified zip code, or within a
NOTIFICATION.
certain geographic radius. This
email notice shall include the sex
A. Law Enforcement Notification. offender’s identity so that the
Whenever a sex offender registers or public can access the public
updates his or her information with registry for the new information.
the tribe, the Rosebud Sioux Tribe
Police Department shall: 5-42-40. IMMUNITY.
(1) Immediately notify the FBI or
other federal agency as
A. No waiver of immunity. Nothing under
designated by the Attorney
this chapter shall be construed as a
General in order that the
waiver of sovereign immunity for the
information may be updated on
Rosebud Sioux Tribe, its departments,
NSOR or other relevant
agencies, employees, or agents.
databases,
B. Good Faith. Any person acting under
(2) Immediately notify any agency,
good faith of this Title shall be immune
department, or program within
from any civil liability arising out of such
the tribe that is responsible for
actions.
criminal investigation,
prosecution, child welfare or sex

142
5-42-41. CRIMES AND CIVIL start, kindergarten, or any grade
SANCTIONS. from one through twelve;
(4) “Residence,” the address an
A. Criminal Penalty. Each violation of a offender lists for purposes of the sex
provision of this code by a sex offender offender registry as provided for in
subdivision 5-42-23.
who is an Indian shall be considered a
crime and subject to a period of
incarceration of one year in jail and a fine 5-42-43. RESTRICTIONS ON
of $5000. RESIDENCE WITHIN COMMUNITY
B. Civil Penalty. Each violation of a SAFETY ZONE – VIOLATION AS CRIME.
provision of this code by a sex offender
who is not an Indian shall be considered No person who is required to register as a
a civil violation subject to enforcement sex offender pursuant to this chapter may
by any means not prohibited by federal establish a residence or reside within a
law, including, but not limited to the community safety zone unless:
issuance of fines, forfeitures, civil
contempt. (1) The person is incarcerated in a jail or
C. Customs and traditions and prison or other correctional placement
banishment/exclusion. which is located within a community
D. Hindrance of sex offender registration. safety zone;
(1) A person is guilty of an offense if (2) The person is on parole and has been
they: assigned to a halfway house or
(a) Knowingly harbors or knowingly supervised living center within a
attempts to harbor, or knowingly community safety zone;
assists another person in (3) The person is homeless and has been
harboring or attempting to admitted to a community homeless
harbor a sex offender who is in shelter within a community safety zone
violation of this Title; by an appropriate community official;
(b) Knowingly assists a sex offender (4) The person was sunder age eighteen at
in eluding a law enforcement the time of the offense and the offender
agency that is seeking to find the was not tried and convicted of the
sex offender to question the sex offense as adult;
offender about, or to arrest the (5) The person established the residence
sex offender for, noncompliance prior to July 1, 2006;
with the requirements of this (6) The school, public park, public pool, or
Title; or public playground was built or
(c) Provides information to law established subsequent to the person’s
enforcement agency regarding a establishing residence at the location; or
sex offender which the person (7) The Tribal court has entered an order
knows to be false. pursuant to 5-42-47 exempting the
offender from the provisions of 5-42-42
5-42-42. COMMUNITY SAFETY ZONES. to 5-42-47, inclusive.

A. Definitions. Terms uses in 5-42-42 to 5- A violation of this section is a Class B crime.
42-47, inclusive, mean: any subsequent violation is a Class A crime.
(1) “Community safety zone,” the area
that lies within five hundred feet from 5-42-44. LOITERING WITHIN
the facilities and grounds of any COMMUNITY SAFETY ZONE
school, public park, public PROHIBITED – EXCEPTION – VIOLATION
playground, or public pool, including
AS CRIME.
the facility and grounds itself;
(2) “Loiter,” to remain for a period of
No person who is required to register as a
time and under circumstances that a
sex offender as defined in this chapter may
reasonable person would determine
loiter within a community safety zone unless
is for the primary purpose of
the person was under age eighteen at the
observing or contacting minors;
time of the offense and the offender was not
(3) “School,” any public, private, tried and convicted of the offense as an adult
denominational, or parochial school or the tribal court has entered an order
offering preschool, day care, Head-

143
pursuant to 5-42-47 exempting the offender To be eligible for exemption from the
from the provisions of 5-42-42 to 5-42-47. community safety zone restrictions, the
petitioner shall show, by clear and
A violation of this section is a Class B crime. convincing evidence, the following:
any subsequent violation is a Class A crime. (1) That at least ten years have elapsed
since the date the petitioner was
5-42-45. PETITION FOR ORDER OF convicted of the offense that subjected
EXEMPTION FROM SAFETY ZONE the petitioner to community safety zone
restrictions pursuant to 5-42-42 to 5-42-
RESTRICTIONS – CONTENTS – SERVICE
47, inclusive. For purposes of this
– RESPONSE. subdivision, any period of time during
which the petitioner was confined in a
An offender subject to community safety mental health facility or during which the
zone restrictions pursuant to 5-42-42 to 5-42- petitioner was on probation or parole
47, inclusive, who is eligible to seek supervision does not count toward the
exemption from these restrictions as ten-year calculation, regardless of
provided for in 5-42-46 may petition the whether such incarceration,
Tribal court for an order to terminate the confinement or community supervision
person’s obligation to comply with the was for the sex offense requiring
community safety zone restrictions. The registration or for some other offense;
offender shall serve the petition and all (2) That the petitioner is not a recidivist sex
supporting documentation on the Attorney offender. A recidivist sex offender is a
General for the Rosebud Sioux Tribe. The person who has been convicted or
Attorney General or his designee shall adjudicated for more than one sex crime
respond to each petition to request enumerated in any portion of this Title of
exemption from the community safety zone. the law and order code, inclusive,
regardless of when those convictions or
No person petitioning the court under this adjudications occurred. For purposes of
section for an order terminating the person’s this subdivision (1) of this section, a
obligation to comply with community safety conviction or adjudication includes a
zone restrictions is entitled to court verdict or plea of guilty; a verdict or plea
appointed counsel, publicly funded experts, of guilty but mentally ill; a pleas of nolo
or publicly funded witnesses. contender; a suspended imposition of
sentence in any jurisdiction, regardless
The petition and documentation to support of whether it has been discharged; a
the request for exemption from the deferred prosecution agreement entered
community safety zone restrictions shall by a prosecutor; and a determination
include: make in another state, federal
(1) All information required for registration jurisdiction, or courts martial that is
of convicted sex offenders required by comparable to any of these events;
this Title; (3) That the petitioner has completed and
(2) A detailed description of the sex crime truthfully complied with the registration
that was the basis for the offender to be requirements imposed under this
subject to community safety zone chapter;
restrictions; (4) That the petitioner has actually resided
(3) A certified copy of the judgment of within the Rosebud Sioux Indian
conviction or other sentencing Reservation at least ten consecutive
document; and years immediately prior to the filing of
(4) The offender’s criminal record. the petition. Residence as used in this
subdivision does not mean the
The court may request that the petitioner registration address of an incarcerated
provide additional information if the sex offender; and
information provided is incomplete or if the (5) The circumstances of the crime
court desires more information relative to the subjecting the offender to community
request for exemption. safety zone restrictions did not involve a
child under age thirteen.
5-42-46. ELIGIBILITY FOR EXEMPTION
FROM COMMUNITY SAFETY ZONE 5-42-47. ORDER GRANTING OR
RESTRICTIONS. DENYING PETITION –

144
RESTRICTIONS ON SUBSEQUENT
PETITION.

If the court finds that all of the criteria
provided for in 5-42-46 have been met
and that the petitioner is not likely to
offend again, then the court may, in its
discretion, enter an order terminating
the petitioner’s obligation to comply with
the community safety zone restrictions of
this tribe. However, if the court finds
that the offender has provided false or
misleading information in support of the
petition, or failed to serve the petition
and supporting documentation upon the
parties provided for in 5-42-45, then the
petition shall be denied. If the petition is
denied, the petitioner may not file a
subsequent petition for at least two
years from the date the previous petition
was denied. The court shall forward any
order terminating the petitioner’s
obligation to comply with community
safety zone restrictions to the Rosebud
Sioux Tribe Law Enforcement Sex
Offender Registry Office.

145
TITLE SIX (1) In any prosecution brought pursuant to
the provisions of this section the Complaint
shall allege, in addition to the Principal
TRAFFIC CODE offense, all former convictions under this
section.
CHAPTER 1 – DRIVING UNDER THE (2) Any person who has had his driving
privileges revoked or suspended pursuant to
INFLUENCE the provisions of this section shall be
required to surrender to the Court, any valid
6-1-1. Driving or Physical Control drivers license that has been issued to him
6-1-2. First Offense by any government authority. The Court
6-1-3. Subsequent Offenses shall retain possession of such drivers
6-1-4. Presumptions Arising From license during the period of suspension or
Chemical Analysis Of Body revocation.
Fluids
6-1-5. Operation Of Vehicle A 6-1-4. PRESUMPTIONS ARISING FROM
Consent To Chemical Test
CHEMICAL ANALYSIS OF BODY FLUIDS.
6-1-6. Revocation Of License or
Privilege after Refusal Of In any criminal prosecution for a violation of
Test 6-1-1 relating to driving a vehicle while under
6-1-7. Person Authorized To the influence of intoxicating liquor, the
Withdraw Blood For Test amount of alcohol in the defendant’s blood at
the time alleged as shown by chemical
analysis of the defendant’s blood, breath, or
6-1-1. DRIVING OR PHYSICAL
other bodily substance shall give rise to the
CONTROL. A person may not drive or be in following presumptions.
actual control of any vehicle while: (1) If there was, at the time five
(1) There is 0.10 percent or more by hundredths percent or less by weight of
weight of alcohol in his blood as shown by alcohol in the defendant’s blood, it shall be
chemical analysis of his breath, blood or presumed that the defendant was not under
other bodily substance; the influence of intoxicating liquor.
(2) Under the influence of an alcoholic (2) If there was at the time in excess of
beverage; five hundredths but less than ten hundredths
(3) Under the influence of marijuana or percent by weight of alcohol in the
any controlled drug or substance to a degree defendant’s blood, such fact shall not give
which renders him incapable o safety rise to any presumption the defendant was or
driving; or was not under the influence of intoxicating
(4) Under the combined influence of an liquor, but such fact may be considered with
alcohol beverage and marijuana or any other competent evidence in determining the
controlled drug or substance to a degree guilt or innocence of the defendant.
which renders him incapable of safely (3) If there was at the time ten hundredths
driving. percent or more by weight of alcohol in the
defendant’s blood, it shall be presumed that
6-1-2. FIRST OFFENSE. If conviction for the defendant was under the influence of
violation of 6-1-1 for a first offense, the intoxicating liquor.
person so convicted is guilty of a Class B Percent by weight of alcohol in the blood
offense and shall be prohibited from shall be based upon milligrams of alcohol per
1.0 cubic centimeters of whole blood or 2100
operating a motor vehicle upon the public
cubic centimeters of deep lung breath.
highways of the Rosebud Reservation for a
period of thirty (30) days.
6-1-5. OPERATION OF VEHICLE AS
6-1-3. SUBSEQUENT OFFENSES. CONSENT TO CHEMICAL TEST. Any
Prosecution of any person for a violation of 6- person who operates any vehicle upon the
1-1 shall be a Class A offense if such Rosebud Reservation is deemed to have
given his consent to a chemical analysis of
person has been previously convicted under
his blood, breath or other bodily substance
said paragraph in the past three (3) year
to determine the amount of alcohol in his
period, and any defendant so convicted shall
blood, and to determine the presence of
have their driving privileges on the Rosebud
marijuana or any controlled drug or
Reservation unconditionally revoked for a
substance, provided that the test is
period of one (1) year in addition to any other
administered at the direction of a law
sentence that may be imposed by the Court.

146
enforcement officer having lawfully arrested
the person for violation of 6-1-1. 6-3-1. DEFINITION OF EXHIBITION
DRIVING. Any person who drives any
6-1-6. REVOCATION OF LICENSE OR vehicle within the Rosebud Reservation in
PRIVILEGE AFTER REFUSAL OF TEST. such a manner as to cause or create
Any person described in 6-1-5 not given a unnecessary engine noise, tire squeal, skid
chemical analysis because of his right to or slide upon acceleration or stopping,
refuse the test may demand a hearing before simulate a temporary race, cause a vehicle
the Tribal Court before further action is taken to sway unnecessarily, or make abrupt and
under this section. If the Court finds that the unnecessary short skidding turns and/or
law enforcement officer complied with the circles or tracks upon the public streets,
law and the refusal was made by the person, highways or alleys shall be guilty of
the Court shall revoke that person’s license exhibition driving. Exhibition driving shall be
to drive for one (1) year. a Class C offense.

6-1-7. PERSONS AUTHORIZED TO CHAPTER 4 – DRIVING WHILE
WITHDRAW BLOOD FOR TEST. Only a
SUSPENDED.
physician, laboratory technician, registered
nurse, physician’s assistant, medical
6-4-1. Driving While Suspended
technician or medical technologist acting at
the request of a law enforcement officer can
withdraw blood for the purpose of 6-4-1. DRIVING WHILE SUSPENDED.
determining the alcoholic content therein. Any person who drives a motor vehicle upon
This limitation does not apply to the taking of a public street or highway on the Rosebud
a breath or other bodily substance specimen. Reservation at a time when his privilege to do
Such authorized persons are not liable and so is cancelled, suspended or revoked by the
may not be held pay damages to the party Tribal Court shall be guilty of a Class B
from whom the blood sample is withdrawn if offense.
the withdrawn is administered with usual and (1) Upon a person being convicted under
ordinary care. the provisions of this section, the Court shall,
in addition to any other penalty imposed,
CHAPTER 2 – RECKLESS DRIVING extend the period of suspension for an
additional like period.
6-2-1. Reckless Driving
CHAPTER 5 – SOUTH DAKOTA
6-2-1. DEFINITION OF RECKLESS MOTOR VEHICLE AND TRAFFIC
DRIVING. Any person who drives any LAWS
vehicle upon a highway carelessly and
needlessly in disregard of the rights of safety 6-5-1. South Dakota Codified Laws
of others, or without due caution and 6-5-2. Limitation On The Tribal
circumspection and at a speed, or in a Council’s Authority
manner so as to endanger or be likely to
endanger any person or property, is guilty of
6-5-1. SOUTH DAKOTA MOTOR
reckless driving. Reckless is a Class B
VEHICLE AND TRAFFIC LAWS
offense.
INCORPORATED INTO TRIBAL CODE.
(1) If a conviction is a second or a
subsequent Reckless Driving Offense within The following chapters of the South Dakota
a two Codified Laws (SDCL) as presently
(2) year period, such person shall be guilty constituted or as hereafter amended shall be
of a Class A offense and the Court shall make and are hereby incorporated into the Tribal
an Order prohibiting such person from Traffic Code and shall apply to all persons
driving on the Rosebud Reservation for a subject to the jurisdiction of the Tribal Court.
period of thirty (3) days. The Court may, in Amendments, additions or deletions to or
its discretion extend such period, not to from such provisions made by the State
exceed one (1) year. Legislature after the enactment of this Code
shall become part hereof unless the Tribal
Council provides otherwise. Chapters:
CHAPTER 3 – EXHIBITION DRIVING 32-3 32-5 32-12
32-14 32-15 32-16
6-3-1. Exhibition Driving 32-17 32-18 32-19

147
32-20 32-20A 32-22 6-7-4. Failure To Comply-Evidence
32-25 32-26 32-27 - Amendment
32-28 32-29 32-30 6-7-5. Penalties - Amendment
32-31 32-32 32-34
6-7-1. USE REQUIRED-PUBLIC
32-3 …..TITLE REGISTRATION, LIENS AND HIGHWAYS-ALL PASSENGERS. Every
TRANSFERS operator and passenger of a passenger
32-5…..ANNUAL REGISTRATION AND
vehicle operated on a public highway within
LICENSE PLATES
the jurisdiction of the Rosebud Sioux Tribe
32-12…..DRIVER LICENSES AND PERMITS
shall wear a properly adjusted and fastened
32-14…..TRAFFIC REGULATION
safety seat belt system, required to be
GENERALLY installed in the passenger vehicle when
32-15…..VEHICLE AND ACCESSORY
manufactured pursuant to Federal Motor
SPECIFICATIONS
Vehicle Safety Standard Number 208 (49
32-16…..INTERSTATE VEHICLE EQUIPMENT
C.F.R. 517.208) in effect January 1, 1989, at
SAFETY COMPACT (REPEALED)
all times when the vehicle is in forward
32-17…..VEHICLE LIGHTS AND FLARES
motion. The driver of the passenger vehicle
32-18…..BRAKES AND BRAKE FLUID
shall secure or cause to be secured a
32-19…..WHEELS, TIRES, AND SPECIAL
properly adjusted and fastened safety seat
VEHICLES
belt system on any passenger in the vehicle
32-20…..MOTORCYCLE REGULATION
who is at least five years of age but younger
32-20A…..SNOWMOBILE OPERATION
than eighteen years of age.
32-22…..WEIGHT, SIZE AND LOAD
RESTRICTIONS
32-25…..SPEED REGULATION 6-7-2. PASSENGER VEHICLE DEFINED.
32-26…..RULES OF THE ROAD A passenger vehicle is any self-propelled
32-27…..PEDESTRIANS’ RIGHTS AND vehicle intended primarily for use and
DUTIES operation on the public highway including
32-28…..TRAFFIC CONTROL DEVICES passenger cars, station wagons, vans,
32-29…..REQUIRED STOPS taxicabs, emergency vehicle, motor homes,
32-30…..STOPPING AND PARKING truck and pickups. The term does not
RESTRICTIONS include motorcycles, motor scooters, motor
32-31…..EMERGENCY VEHICLES bicycles, motorized bicycles, passenger
32-32…..SCHOOL BUSES buses, and school buses. The term also does
32-34…..ACCIDENTS AND ACCIDENT no include farm tractors and implements of
REPORTS husbandry designated primarily or
exclusively for use in agricultural operations.
6-5-2. Nothing contained herein shall be
construed as a limitation on the Tribal 6-7-3. EXCEPTIONS TO USE OF SAFETY
Council’s authority to enact legislation for BELTS.
the control of traffic or the regulation of (1) Any occupant of a passenger vehicle
vehicles and their use on the Rosebud Sioux manufactured before September 1, 1973;
Reservation. Any provisions in the South (2) A person riding in a seat in which all
Dakota Codified Laws, which by their nature, the seating positions equipped with safety
do not apply to the Rosebud Sioux Tribe or belts are occupied;
the Reservation are not incorporated herein. (3) Any occupant of a passenger vehicle
who possesses a written statement from a
CHAPTER 6 – RESERVED doctor licensed under SDCL 36-4 and 36-5
that the individual is unable for medical
reasons to wear a safety seat belt system;
CHAPTER 7 – SAFETY BELT (4) A person who is actually engages in
SYSTEM USAGE IN PASSENGER work that requires the person to alight from
and reenter a motor vehicle at frequent
VEHICLES intervals and who, while engaged in that
work, does not drive or travel in that vehicle
6-7-1. Use Required-Public at a speed exceeding 25 miles per hours;
Highways-All Passengers - (5) Any occupant of a vehicle not
Amendment equipped with a safety seat belt system
6-7-2. Passenger Vehicle Defined - because federal law does not require that
Amendment vehicle to be so equipped; or
6-7-3. Exceptions To Use Of Safety (6) Any rural carrier of the United States
Belts - Amendment Postal Service while serving his rural postal

148
route or any person delivering newspapers
or periodicals on an assigned home delivery
route.

6-7-4. FAILURE TO COMPLY-EVIDENCE.
Failure to comply with the provisions of this
chapter does not constitute contributory
negligence, comparative negligence or
assumption of the risk. Failure to comply
with the provisions of this charter may not be
introduced as evidence in any criminal
litigation other than a prosecution under this
chapter or in any civil litigation on the issue
of injuries or on the issue of mitigation of
damages.

6-7-5. PENALTIES. Violation of this
Chapter will be subject to the following:
(1) 1st Offense driver and passenger who
fails to fasten own seat belts, each fine
assessed at $20.00
(2) 2nd and subsequent offense, driver and
passenger who fail to fasten own seat belts,
fine assessed at $20.00

149
TITLE SEVEN (a) The names of the person
accused, if known, or some other name,
if not known, plus whatever description
CRIMINAL PROCEDURE of the person accused is known.
(b) The general location where
CHAPTER 1 – RULES OF CRIMINAL the offense was committed.
(c) The general name and code
PROCEDURE designation of the offense.
(d) A short, concise statement of
I. Scope the specific acts of omission to act
II. Purpose complained.
III. Construction (e) The person against whom or
IV. Preliminary Proceedings against whose property the offense was
V. Trials committed, if known, otherwise no
VI. Judgment and statement need be made.
Sentencing (f) The date and approximate
VII. Procedure In Magistrate time of the commission of the offense, if
Court know.
VIII. Appeal (g) The name of the person filing
IX. Search and Seizure the complaint.
X. General Provisions - (3) No minor omission from or error
Amendment in the form of the complaint shall be
XI. Discovery grounds for dismissal of the case unless
XII. Pleadings and Pre-Trial some significant prejudice against the
Motions defendant can be shown to result
therefrom.
I. SCOPE. These rules govern the (4) It shall not be necessary to
procedure in the Courts of the Rosebud charge a specific class (Class A, B, or C)
Sioux Tribe in all criminal proceedings. of an offense which depends for the
The term “proceedings” includes all degree of punishment upon factual
steps in a criminal case from its findings such as the value of the property
inception to judgment and sentence. taken in a theft offense.
(5) The Judge or Magistrate issuing
II. PURPOSE. The purpose of these the complaint shall examine such
rules is to simplify criminal procedures complainant under oath to ascertain his
and to eliminate outmoded rules and knowledge as to the facts alleged in the
practices on the Rosebud Reservation complaint and determine if probable
and to cover the entire field of criminal cause exists to issue such complaint. If it
proceedings with the exception of appears from the complaint and the
proceedings against juveniles as the examination of the complainant that
same are provided for in other sections probable cause exists to believe that an
of this Code. offense has been committed, the Judge
or Magistrate will issue the complaint by
III. CONSTRUCTION. It is the affixing his signature thereto.
intention of the Judiciary Committee that B. ARREST-WARRANT OR
these rules be construed to provide SUMMONS
simplicity in procedure, fairness in (1) Upon the issuance of the
administration and to eliminate expenses complaint, a warrant of arrest or a
and delay. summons shall be issued to bring the
defendant in the complaint before a
IV. PRELIMINARY PROCEEDINGS. Judge or Magistrate of the Tribal Court.
A. THE COMPLAINT The warrant or summons shall specify
the Court before which the defendant is
(1) The complaint shall be a written
to appear.
statement of the essential facts
(2) Whenever it is provided that a
contributing the offense charged and
warrant may be issued for the arrest of a
shall be made upon oath before a notary
person charged with the commission of a
public or a Judge or Magistrate of the
Class B or C offense, the Judge or
Tribal Court, or be accompanied by a
Magistrate shall issue or cause to be
sworn affidavit.
issued a summons instead of a warrant,
(2) The Complaint must State:
unless he has reasonable grounds to

150
believe that the person will not appear for any offense committed in the
upon a summons, in which case he shall presence of the officer or may, upon
issue a warrant of arrest. A warrant of probable cause that a Class A crime has
arrest shall be issued in all cases in been committed and that the person arrested
which a Class A offense is charged. committed it, arrest that person although the
(3) The warrant of arrest shall be offense was not committed in the presence of
signed by the Judge or Magistrate the officer.
issuing such and shall contain the name (7) Any arresting officer:
of the defendant, or, if such is known, (a) Must inform the person to be
some other name plus a reasonable arrested of his intentions to arrest him, of the
description of the defendant, if known. It cause or reason for the arrest, and his
shall describe the offense charged and it authority to make it, except when the person
shall command that the defendant be to be arrested is actually engaged in the
arrested and brought before the Judge commission of, or an attempt to commit, an
or Magistrate to enter a plea. offense, or is pursued immediately after its
(4) When a summons is issued, it commission, or an escape, if such is not
shall name the defendant, specify the reasonable possible under the
offense charged and order the defendant circumstances;
to appear before a specified Judge or (b) Must show the warrant of arrest if
Magistrate and set the time and place of such exists and is demanded as soon as
such appearance. In the event the practicable;
defendant fails to appear as directed by (c) May use only that force which is
the summons, a warrant shall be issued reasonably necessary to effect an arrest;
in his arrest. (d) May break open a door or window
(5) Warrants and summons shall be of a building in which the person to be
served by any officer authorized to make arrested is, or is reasonably believe to be,
arrests on the Rosebud Reservation, or after demanding admittance and explaining
by any other person designated by the the purpose for which admittance is desired;
Tribal Courts or by the Judiciary (e) May search the person arrested
Committee to perform such functions. and take from him and put into evidence all
(a) The service of warrants and weapons he may have about his person;
summons may be accomplished (f) Shall, as soon as possible, do as
anywhere within the exterior boundaries commanded by the arrest warrant or deliver
of the Rosebud Indian Reservation and the person to jail and obtain a complaint;
the time and place of such service or (g) May, if fresh pursuit, continue
arrest and the name of the person such pursuit, and arrest upon capture the
serving the same shall be endorsed person pursued even if arrest would occur
thereon and the original returned to the outside the exterior boundaries of the
Court and a copy containing said Reservation. All persons so arrested may be
endorsement shall be left with the person returned to the Reservation by the arresting
served. officer if the arresting occurs in the State of
(b) An officer need not have the South Dakota. Otherwise, the arresting
warrant in his possession at the time of person will be turned over to local police
arrest, but if he does not, he shall inform officials pending extradition proceedings.
the defendant that a warrant has been C. ARRAIGNMENT
issued, the nature of the charge, and (1) As soon as reasonably possible, but
shall provide the defendant with a copy not more than 72 hours after arrest on a
of the arrest warrant and complaint not warrant, a defendant shall be brought before
later than the time of appearance before a Judge or Magistrate of the Tribal Court. In
the Court. If reasonably possible a the event a summons has been issued the
properly endorsed copy of the summons defendant shall appear at the time
or warrant plus a copy of the complaint designated in the summons.
shall be given to the defendant at the (2) If the defendant does not have
time of service or arrest. counsel and desires to be represented, he
(c) In the event a defendant shall be given a reasonable time to secure
service of a summons or a defendant counsel before entering his plea.
cannot be located after a reasonable (3) The defendant shall be provided
search, a warrant shall be issued for his with a copy of the complaint if he has not
arrest. received one; it shall be read to him and he
(6) Any officer authorized to make will be advised of his rights as follows:
arrests on the Rosebud Reservation
may, without a warrant, arrest a person

151
(a) The defendant has the right to before the Court at the times set for such
appear and defend himself in person or by appearance.
counsel. E. JOINDER OF OFFENSES AND
(b) In the event a defendant is DEFENDANTS
determined to be indigent by the Court and
(1) Two or more defendants may be
wishes to be represented by counsel, the
charged in the same complaint if they are
Court shall appoint counsel for the defendant alleged to have participated in the same act
with the exception that no defendant shall
or transaction constituting an offense or
have the right to have appointed professional
offenses. Such defendants may be charged
counsel at the tribe’s expense.
in one or more counts together or separately
(c) The defendant shall have the
and all of such defendants need not be
right to confront and cross-examine all of the charged on each count.
witnesses against him in person or by
(2) Two or more defendants may be
counsel.
tried together if they could have been joined
(d) The defendant shall have the
in a single complaint and a single defendant
right to have witnesses compelled by
may be tried on more than one complaint at a
subpoena to appear and testify for him.
single trial.
(e) The defendant shall have the
(a) If it appears that a defendant or
right to refuse to testify regarding the charge
the Rosebud Sioux Tribe is prejudiced by a
against him or to testify on his own behalf
joinder of offenses or other defendant for
provided that once he takes the stand to
trial together, the Court may order separate
testify he shall have waived the right to
complaints and may order separate trials or
refuse to testify in any matter relevant to the
provide such other relief justice requires.
immediate proceeding.
(f) The defendant shall have the right F. PRETRIAL CONFERENCE AND
to have a speedy trial by an impartial judge MOTIONS
or jury. (1) The Court shall, upon motion of
(4) The defendant shall enter a plea of either party, or upon its own motion, hold a
guilty to the offense charged or not guilty and pretrial conference. The Court shall compel
the Court shall then advise the defendant of the attendance of the defendant and his
the sentence or bail as is appropriate. counsel at the conference. The prosecution
D. PLEAS and defense may be required by the Court to
(1) Upon the entering of a plea of guilty exchange discoverable information at the
by a defendant the Court shall determine conference. The Court shall at the time
from the defendant that the plea was consider all pre-trial motions and the Court
voluntarily made and that the defendant may issue such orders as deemed proper to
understood the nature of the charge and the regulate the conduct of trial.
consequences of a guilty plea. In the event (2) Defenses or objections that are
the defendant refuses to plead or that the capable of determination other than a trial
Court does not accept a plea of guilty, the must be raised at the pretrial conference.
Court shall enter a plea of not guilty. G. SUBPOENA
(a) The defendant may be permitted, (1) A subpoena is an order of Court
with the consent of the Court and the issued by a Judge, Magistrate or the Clerk of
prosecuting attorney, to enter a plea of guilty Courts. It shall command each person to
to a lesser offense included in the offense whom it is directed to attend and give
charged in the complaint. testimony at a place therein specified. The
(2) Upon the defendant entering a plea Clerk may issue subpoenas, signed and
of not guilty to the offense charged in the otherwise complete except for the name of
complaint, the Court will set a time for trial of the person or thing subpoenaed to a
the matter and shall determine whether the defendant upon request.
defendant desires a trial by jury or a trial to (2) A subpoena may be served by any
the Court. police officer or any person designated by
(a) Appropriate bail shall be set by the Court or the Judiciary Committee.
the Court and the defendant released on bail Service must be made by handing a copy to
or remanded to custody pending the trial o