Current through September 30, 2024
Section 11.900 - DefinitionsFor purposes of sections pertaining to the children's court:
(a)Abandon means the leaving of a minor without communication or failing to support a minor for a period of one year or more with no indication of the parents' willingness to assume a parental role.(b)Adult means a person eighteen (18) years or older.(c)Counsel means an attorney admitted to the bar of a state or the District of Columbia or a lay advocate admitted to practice before the Court of Indian Offenses.(d)Custodian means one who has physical custody of a minor and who is providing food, shelter and supervision to the minor.(e)Custody means the power to control the day-to-day activities of the minor.(f)Delinquent act means an act which, if committed by an adult, would be designated a crime under this part or under an ordinance of the tribe.(g)Detention means the placement of a minor in a physically restrictive facility.(h)Guardian means a person other than the minor's parent who is by law responsible for the care of the minor.(i)Guardian ad Litem means a person appointed by the court to represent the minor's interests before the court.(j)Juvenile offender means a person who commits a delinquent act prior to his or her eighteenth birthday.(k)Minor means: (1) A person under 18 years of age,(2) A person 18 years of age or older concerning whom proceedings are commenced in the children's court prior to his or her eighteenth birthday, or(3) A person 18 years of age or older who is under the continuing jurisdiction of the children's court.(l)Minor-in-need-of-care means a minor who:(1) Has no parent or guardian available and willing to take care of him or her;(2) Is unwilling to allow his or her parent or guardian to take care of him or her;(3) Has suffered or is likely to suffer a physical or emotional injury, inflicted by other than accidental means, which causes or creates a substantial risk of death, disfigurement, impairment of bodily functions or emotional health;(4) Has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his or her parent, guardian or custodian;(5) Has been sexually abused;(6) Has been committing delinquent acts as a result of parental pressure, guidance or approval; or,(7) Has been committing status offenses.(m)Status offense means an offense which, if committed by an adult, would not be designated a crime under this part or under an ordinance of the tribe.