5.01.020 Definitions
(a) "CHILD" means any Indian person less than eighteen (18) years of age.
(b) "ADULT" means any Indian person eighteen (18) years of age and older.
(c) "DELINQUENT ACT" means an act designated an offense under Tribal Resolution as enumerated in the Turtle Mountain Tribal Code.
(d) "DELINQUENT CHILD" means any Indian child who has committed a delinquent act and is in need of treatment and/or rehabilitation.
(e) "STATUS OFFENSE" means:
(1) Laws or ordinances which apply only to children, or
(2) An act committed by a child which is in violation of a statute, ordinance or resolution but if committed by an adult does not constitute a crime.
(f) "ADJUDICATION" means the giving or pronouncing of a judgment or decree in a case
(g) "PETITION" means a written request to the Court that it take an action, usually in a case involving juveniles or civil matters.
(h) "EXTENDED FAMILY MEMBER" means:
(1) A person who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law, sister-in-law, niece or nephew, first or second cousin, or stepparent, or any other person defined by law or custom of the Turtle Mountain Indian Community.
(2) Any person related by blood or marriage to the family or any individual who is viewed by the family as a relative in accordance with customs of the Turtle Mountain Tribe are situations where the relationship must be attested to by two reliable witnesses.
(3) Any person related by blood or marriage to the child having significant contact with the child or who is viewed as an extended family member in accordance with the customs of the Turtle Mountain Tribe.
(i) "FOSTER CARE PLACEMENT" means the arrangement for the care of an Indian child in a licensed facility such as: shelter care, a foster home, or child caring institution, or in the home of an extended family member.
(j) "JUVENILE COURT" means the Tribal Court with jurisdiction over child welfare matters.
(k) "INDIAN CHILD" means a child of Indian descent who is under eighteen (18) years of age and:
(1) is enrolled or eligible for enrollment in the Turtle Mountain Band of Chippewa Indians or other recognized Indian tribe, or
(2) is of the first linear descent of an enrolled member of the Turtle Mountain Band of Chippewa Indians or other recognized Indian tribe.
(l) "RECEIVING FOSTER HOME" means a licensed foster home suitable for immediate placement of Indian children when taken into custody or pending medical examination and court disposition.
(m) "SPECIALIZED FOSTER CARE" means a program of child welfare which seeks to provide special care for physical, mental or emotional conditions of minor children.
(n) "PRE-ADOPTIVE PLACEMENT" means the temporary placement of an Indian child in a licensed foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement.
(o) "ADOPTIVE PLACEMENT" means the placement of a child who is legally free for adoption with a family who is certified by the Court for adoption.
(p) "SUMMONS" means to notify a person in writing that an action has commenced against him/her and that he or she is required to answer to it at a time and place named.
(q) "DISPOSITION HEARING" means a hearing held after a child is found delinquent or unruly. The hearing determines what action will be taken on behalf of the child.
(r) "PHYSICAL CUSTODY" means actual possession and control of a child.
(s) "DETENTION" means the act of keeping back or withholding, either accidentally or by design, a person or thing. Usually the person is not under arrest.
(t) "PROBATION" means allowing a person convicted of a crime, delinquent act or unruliness to go at large, generally under the supervision of a probation officer.
(u) "BEST INTEREST OF THE CHILD" shall refer to the medical, psychological, educational, physical and emotional needs of a child which can reasonably be provided to insure the best opportunity for a successful life.
(v) "ABANDON" refers to the leaving of a child for a prolonged period of time without the parent or legal custodian making proper arrangements for his care and nourishment.
(w) "TRIBAL COURT" refers to the Turtle Mountain Tribal Court as established by the Turtle Mountain Tribe
(x) "CHILD ABUSE & NEGLECT" refers to acts or omissions made by persons who are in any manner related and/or responsible for any minor child's care, who purposefully or negligently exposes the child to any reasonably foreseeable danger to the child's physical or psychological health, or in disregard of the substantial risk of harm exposes or allows exposure to circumstances which:
(1) cause substantial or multiple bruises or internal injuries;
(2) cause injury to skeletal structures;
(3) cause substantial soft tissue swelling;
(4) lead to malnutrition or dehydration;
(5) cause burns;
(6) cause poisoning;
(7) cause extreme mental distress;
(8) cause failure to thrive;
(9) cause death;
(10) cause subdural hematoma, and such disorder is not justifiably explained under circumstances justified by the child's history or accident;
(11) incest;
(12) prostitution;
(13) sexual fondling;
(14) sexual assault;
(15) obscene or pornographic photography or filming;
(16) providing non-prescription drugs and alcohol not administered in a religious or cultural ceremony;
(17) inadequate food, shelter and clothing if not based upon poverty;
(18) failure to provide or require a child under their custody and/or control to obtain an education.
(y) "DEPENDENT CHILD" means a child who has no parent or custodian available willing and able to care for the child.
(z) "A SEXUALLY ABUSED CHILD" means a child who is found to be in one or more of the following situations:
(1) An unconsenting minor involved in sexual activity with an adult.
(2) Any child, consenting or nonconsenting, who is involved in a sexual activity with an adult or another child.
(3) Any child forced to perform sexual services in exchange for debts or favors.
(4) Any nonconsenting child who is forced to perform sexual acts by other minors.
(aa) "SEXUAL ABUSE" includes any contacts or interactions between a child and an adult in which the child is being used for the sexual stimulation of the perpetrator or another person. These acts, when committed by a person who is either significantly older than the victim or in a position of power to control over another child, may be considered sexual abuse.
(bb) "EMOTIONALLY ABUSED CHILD" means a child found to be in one or more of the following situations:
(1) A child whose parents fail to love, listen, guide or pay attention to him/her.
(2) A child who receives no moral, spiritual, or intellectual instruction from the parents.
(3) A child who is separated or isolated from other members of the family (locked in or out).
(4) A rejected child.
(5) A child whose parents have unrealistic expectations from him/her.
(6) A child whose parents or others verbally harass, tease, swear at, and/or ridicule the child.
(7) A child whose parent(s) has failed to provide the child's basic needs for food, shelter, and clothes.
(8) A child whose health is endangered by excessive exposure to alcohol, drugs or tobacco and whose parents do not seek available help for their children.
(9) A child whose home life style is dangerous (e.g. excessive drinking, excessive drug use, excessive numbers of people in the house, no food, etc.)
(cc) "AN EXPLOITED CHILD" means a child who is in one or more of the following situations:
(1) Forced to work excessively for little or no pay other than normal household duties or chores.
(2) A child whose parent(s) misuses any benefits intended for the child including selling or squandering food stamps, commodities, grocery orders, or Women Infants and Children (WIC) food or milk vouchers.
(3) A child whose parent(s) consistently fails to maintain food in the household.
(dd) "AN UNRULY CHILD" means a child who is found to be in one or more of the following situations:
(1) Any Indian child who has deserted his or her home without sufficient cause or who is habitually disobedient to the reasonable and lawful commands of his or her parents, guardians, or other custodians.
(2) Any Indian child who habitually associates with dissolute, vicious, or immoral persons, or who is leading an immoral or vicious life.
(3) Any Indian child who being required to attend school willfully and habitually absents himself or herself therefrom or who habitually violates the rules and regulations thereof.
(4) Any Indian child who is incorrigible.
(5) A child who habitually deports himself so as to injure or endanger the health or well-being of himself/herself or others.
(ee) "A Minor Parent" means any parent under the age of eighteen (18).
(ff) "Guardian" means a person who has been granted legal custody of a child by the Tribal Court or a Court of appropriate jurisdiction. The person has been' granted care, custody, and control of the child by the Court. It includes the rights of legal custody as well as the right to consent to marriage, enlistment in the Armed Forces, major medical, surgical or
psychiatric treatment.
(gg) "PERMANENT GUARDIANSHIP" means the Court has appointed a guardian over the child on a permanent basis. Permanent guardianship is an alternative only when adoption and return of the child to the parents is not a possibility.
(hh) "LEGAL CUSTODY" means subject to any limitations which may be imposed by the Juvenile Court, a relationship embodying the following rights and duties:
(1) The right to physical custody of a child.
(2) The right and duty to protect, train, and discipline a child.
(3) The duty to provide a child with shelter, education, and ordinary medical care.
(4) The right to determine where and with whom child should live.
(5) The right in an emergency to authorize surgery or other extraordinary care.
(ii) "CUSTODIAN" means the person, persons, agency, or institution responsible for the care and supervision of the child. This also refers to an individual having physical custody.
(jj) "GUARDIAN AD LITEM" means an individual appointed by the Courts to represent the best interest of the child in an advocacy role.
(kk) "FOSTER CARE" means the temporary provision of a substitute family for a child for a planned period of time. The substitute family is a licensed or approved foster home.
(ll) "PERMANENT FOSTER CARE" means the Court ordered placement of a child in a foster home on a permanent basis. Permanent foster care may be indicated only when return of the child to the parents is not possible after a reasonable period of time, when adoption is not a possibility, when permanent guardianship is not possible and when emancipation is not possible.
(mm) "A FOSTER HOME" means a home which has been licensed and/or approved by a social service agency according to standards established by the Tribe/Agency.
(nn) "A CHILD PLACEMENT AGENCY" means a social service agency or adoption agency approved by the Tribe to receive child for placement or adoption.
(oo) "CHILD CUSTODY PROCEEDINGS" means any voluntary or involuntary administration or judicial action, which may result in the removal of the child from his/her parent(s).
(pp) "TERMINATION OF PARENTAL RIGHTS" means the voluntary or involuntary severance of parent's rights, duties and responsibilities to a child by the Court.
(qq) "EMANCIPATION" means the legal action by the Court declaring a child an adult capable of meeting his or her own needs. The Court may emancipate a child upon demonstration to the Court that said child can be responsible in meeting his/her affairs.
(rr) "LEAST RESTRICTIVE ALTERNATIVE" refers to the use of the least drastic method of achieving and meeting the needs of the child. This refers to method of intervention in the family, placement needs of the child, educational needs of the child, medical needs of the child, and psychological and emotional needs of the child. Least restrictive alternative shall not be construed to prevent the best interests for the child from being met.
(ss) "AN EXPERT WITNESS" means a professional or layperson having a substantial education and/or experiential background in the area of his/her specialty.
(tt) "PROTECTIVE SUPERVISION" means a legal status created by court order following a determination of neglect, abuse or dependency, and supervision is provided by a social service agency.
(uu) "CONFIDENTIALITY" shall refer to the release of no information regarding an individual(s) without their written consent or the written consent of the parent or legal guardian. The Tribal Court may order the release of such information. This also refers to the responsibility of the social worker or individual investigating a case of abuse/neglect to refrain from
revealing the identity and source of the reporter.
(vv) "MINOR IN NEED OF CARE" means any minor adjudged to be in need of placement out of the parental home or in need of treatment or rehabilitation.
(ww) "Criminal Act" means any act punishable by a term of detention, jail or imprisonment under the laws and ordinances of the Turtle Mountain Band of Chippewa.
(xx) "Criminal Street Gang" means any ongoing formal or informal association of three or more persons whose members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any criminal act, or any act that would be a criminal act if the youth were an adult, and who has at least one individual who is an identified gang member.
(yy) "Gang loitering" means remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose of effect of that behavior is to enable a criminal street gang to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal or facilitate illegal activities.
(zz) "Gang member" means an individual to whom at least two (2) of the following seven (7) that indicate street gang membership apply:
(1) Self-proclamation a stand-alone positive identification
(2) Witness testimony or official statement
(3) Written or electronic correspondence
(4) Paraphernalia or photographs
(5) Tattoos
(6) Clothing or colors
(7) Any other indicia of criminal street gang membership.
(aaa) "Gang-related Offense" means any criminal offense identified under tribal law committed by any individual with the intent to promote or further the objectives of a criminal street gang.
(bbb) "Public place" means any location under the constitutional jurisdiction of the Turtle Mountain Band of Chippewa Indians.
(ccc) "Drive-by shooting" means the discharge of a firearm, paintball gun, BB or pellet gun, or the propulsion of any explosive or explosive device from a vehicle whether moving or stopped.
(ddd) "Participant" means any person who, of his or her own will, is physically present in a vehicle used in a drive-by shooting during the drive-by shooting.
