(1) Abandon
means when a parent leaves a child without provision for care or support
and the parents whereabouts cannot be ascertained for a period of
sixty (60) days, or when a parent voluntarily or pursuant to court
order relinquishes care and custody of a child and fails to communicate
with the child other than on an incidental basis for a period of two
(2) years or more.
(2) Abandonment
means the complete lack of parental contact with her child or marginal
contact for twenty-four of the past forty-eight months, and the failure
to provide financial support for more than one (1) continuous year.
Placement of the child with a member of the parent's extended family
shall not constitute abandonment.
(3) Abuse
means the intentional infliction of physical or mental injury, unreasonable
confinement, intimidation, cruel punishment, or deprivation of food,
shelter, clothing, or services necessary to maintain the physical
or mental health of an elder or a vulnerable adult.
(4) Abused
Minor: A minor who has been inflicted with physical injury, sexual
or mental harm; and/or who is exploited and overworked to such an
extent that his health, morals and/or emotional well-being are endangered.
(5) Actual
Hours: The number of hours including the hours of Saturdays, Sundays
and holidays.
(6) Adjudication:
A finding by the Children's Court on the facts alleged in the petition
or complaint and incorporated in a decree.
(7) Adjudicatory
hearing means a hearing to determine whether the allegations of a
petition alleging a child to be neglected, deprived, in-need-of-supervision,
or delinquent filed pursuant to this Act are supported by the evidence.
(8) Adoptive
placement which shall mean the permanent placement of an Indian
child for adoption, including any action resulting in a final decree
of adoption. Such term or terms shall not include a placement based
upon an act which, if committed by an adult, would be deemed a crime
or upon an award, in a divorce proceeding, of custody to one of the
parents.
(9) Adult
means a person eighteen years of age or over; except that any person
alleged to have committed a delinquent act before he became eighteen
years of age shall be considered a child under this Act for the purpose
of adjudication and disposition of the delinquent Act.
(10)
Adult protective services means activities, resources, and
support provided to at-risk elders and vulnerable adults under this
code to detect, prevent, reduce or eliminate abuse, neglect and exploitation,
and to promote maximum independent living.
(11)
Agent for Notice: A person designated by the Tribe to receive
notice from a state on minor-in-need-of-care cases.
(12)
Aggrieved Party: Includes the minor and his parent, guardian,
custodian or family member whose rights or interests have been affected
by an adjudication.
(13)
Alcohol or Substance Abuse Emergency Shelter or Halfway House
An appropriately licensed and supervised emergency shelter or halfway
house for the care and treatment of juveniles with regard to alcohol
and/or substance abuse problems.
(14)
Aunt means a person who; by blood or marriage, is: (1) A female
sibling of the biological parents, or (2) A female first cousin of
the biological parents, or (3) A female child of a grandparent, or
(4) Any other female person, who, by virtue of an adoption, either
of themselves or of a member of their family pursuant to the laws
of any Indian Tribe or state would come within the terms of subparagraphs
(1), (2 ), or (3) of this subsection.
(15)
Band Cultural representative: An elected leader of a Band who
exercises authorities and responsibilities as reserved to the Band
through the Band government and the Constitution and By-Laws of the
Pit River Tribe.
(16)
Best interests means the preservation of the connection between
a child and his or her culture, family and tribe in a setting that
is stable, secure, safe, healthy, and emotionally, spiritually, socially
and intellectually enriching with due regard of the special needs
of the child, or the creation of such a connection if one does not
already exist.
(17)
Bodily injury means physical pain, illness, or an impairment
of a physical condition.
(18)
Brother means: (1) Any male sibling, or (2) Any other male
person, who, by virtue of an adoption either of themselves or of a
member of their family pursuant to the laws of any Indian Tribe or
state, would hold the relationship of a sibling with the person in
question.
(19)
Brother-in-law means the husband of a sister by blood or marriage.
(20)
Calendar Days The number of days including Saturday, Sundays
and holidays.
(21)
Caretaker means an individual or institution that is required
by law to provide or has assumed the responsibility for the care needed
to maintain the physical or mental health of an elder or vulnerable
adult. This responsibility may arise voluntarily, by contract, by
receipt of payment for care, as a result of a familial relationship,
or by order of the Pit River Tribal Court or other court of competent
jurisdiction. It is not the intent of this code to impose responsibility
on an individual if the responsibility would not otherwise exist in
law.
(22)
CASA means Court Appointed Special Advocate who is a responsible
adult, other than an attorney, who has volunteered to serve as an
officer of the court and an advocate of the child, and who has been
appointed by the court to so serve.
(23)
Child abuse means any case in which a child is dead or exhibits
evidence of skin bruising, bleeding, malnutrition, failure to thrive,
burns, fracture of any bone, subdural hematoma or soft tissue swelling
and such condition is not justifiably explained or may not be the
product of an accidental occurrence; or a child is subjected to sexual
assault, sexual molestation, sexual exploitation, sexual contact,
or prostitution.
(24)
Child care center means an institution or facility designed
for the care of children licensed or approved pursuant to Tribal law,
or, if outside the Tribal jurisdiction, by the law of the jurisdiction
in which such facility is physically located, or both.
(25)
Child custody proceeding means (1) foster care placement: any
action removing a child from her parent or custodian for temporary
placement in a foster home or institution or the home of a guardian
where the parent or Indian custodian cannot have the child returned
upon demand, but where parental rights have not been terminated; (2)
termination of parental rights: any action resulting in the termination
of the parent-child relationship; (3) pre-adoptive placement: the
temporary placement of a child in a foster home or institution after
the termination of parental rights, but prior to or in lieu of adoptive
placement; and (4) adoptive placement: the permanent placement of
a child for adoption, including any action resulting in a final decree
of adoption. Child custody proceeding shall not include a placement
based upon an award in a divorce proceeding of custody to one of the
parents or intra-family custody dispute.
(26)
Child in need of supervision means any child: (1) Who has repeatedly
disobeyed reasonable and lawful commands or directives of his parent,
legal guardian, or other custodian; or (2) Who is willfully and voluntarily
absent from his home without the consent of his parent, guardian,
or legal custodian for a substantial period of time, or without intent
to return; or (3) Who, being subject to compulsory school attendance,
is willfully, voluntarily, and habitually absent from school in violation
of law.
(27)
Child neglect means, but is not limited to, negligent treatment
or maltreatment of a child by a person, including a person responsible
for the child's welfare, under circumstances which indicate that the
child's health or welfare is harmed or threatened thereby, and abandonment.
(28)
Child placement agency means an agency designed for the care
or placement of children licensed or approved pursuant to Tribal law,
or, if outside the Tribal jurisdiction, by the law of the jurisdiction
in which such facility is physically located or both.
(29)
Child Protection Team ("CPT") is the team established
by the Tribal Council to meet regularly and make such recommendations
to the Tribe's social services offices, as it deems appropriate, regarding
the health and welfare of the children and families who come to their
attention. The CPT is considered to be part of the Tribe's Child Protective
Services.
(30)
Child Protective Services: The program within Pit River Tribal
Social Services which, in cases of child abuse or neglect and in other
minor-in-need-of-care situations, makes initial assessments, conducts
investigations with assistance from law enforcement as necessary,
provides social services to abused or neglected children and their
families, and performs other related duties.
(31)
Child shall mean a person under 18 years of age who is: A member
of or is eligible for membership in the Pit River Tribe, whether or
not resident or domiciled within the Tribe's Territory and whether
or not the subject of a child welfare proceeding in any court; or
Any Indian child who is not a member of or eligible for membership
in the Pit River Tribe, but who is domiciled within the exterior boundaries
of the Tribe; or Any child who is a descendant of the Pit River Tribe
or any other federally recognized tribe; or All other children domiciled
within the exterior boundaries of the Pit River Tribe provided that
the child's parents or legal guardian consent to any jurisdiction
exercised by the Pit River Tribe, except that No child who is the
subject of a child welfare proceeding in any other court shall be
deemed a child subject to this chapter, unless such proceeding is
properly transferred to the Children's Court.
(32)
Child welfare coordinator means the director of the Indian
Child-Welfare Office of the Pit River Tribe or his or her designee.
(33)
Child welfare proceeding encompasses all delegated and inherent
power held by the Pit River tribal government applicable to child
welfare proceedings.
(34)
Childrens Court Judge means any duly appointed Judge of the
Pit River Tribal Court when exercising jurisdiction under this Code
(35)
Commit means to transfer legal custody.
(36)
Consent Decree A court order which suspends a "juvenile
offender" or "family in need of services" proceeding
prior to adjudication and continues the child or the family under
supervision under terms and conditions negotiated with the juvenile
counselor and agreed to by all parties.
(37)
Counsel An advocate or attorney.
(38)
Court or Juvenile/Family/Children's Court means the Pit River
Tribal Court when exercising jurisdiction pursuant to this Code.
(39)
Cousin means the child of an aunt or uncle.
(40)
Cultural Resources Board is that board consisting of Pit River
community members chosen and/or appointed in any manner. The Tribal
Council decides who is charged with identifying cultural healing services
to be offered to Peacemaker Juvenile participants and which assists
individuals and families to find balance and healing.
(41)
Curriculum Change Includes but is not necessarily limited to:
(a) a change in a child's instructor, if available; (b) a change in
the scheduling of a child's classes, if available; (c) reassignment
of a child into another class section, if available; (d) a change
in the content of a child's course of instruction, if available; and
(e) a change in the child's school, if available.
(42)
Custodian/Guardian means any person who has legal custody of
a child or with whom temporary care, custody and control has been
placed, under law or Tribal custom, and who is responsible for the
health, safety, and welfare of a child. Such a person has the duty
and authority to make major decisions affecting such child's welfare,
including, but not limited to major medical, psychiatric or surgical
treatment.
(43)
Custody means guardianship of the person.
(44)
Delinquent Act: Any act which would be a crime under Pit River
Tribal law if committed by an adult, or any act which is defined as
an offense if committed by a child.
(45)
Delinquent child means a child who: (1) Has violated any federal,
Tribal, or state law excepting traffic statutes or ordinances, hunting
or fishing statutes or ordinances, or any lawful order of the Court
made pursuant to this Act, or (2) Has habitually violated any traffic,
hunting, or fishing statutes or ordinances, or lawful order of the
Court made under this Act.
(46)
Department means the Tribal Social Services Department.
(47)
Dependent Child. The term "dependent child" as used
in this Code means a child: (1) Who has been abandoned by his or her
parents, guardian or custodian; or (2) Who is without proper parental
care and control, or whose subsistence, education, medical or other
care necessary for his or her well-being is inadequate because of
the actions or habits of his or her parents, guardian or custodian
or their neglect or refusal, when able to do so, to provide them;
or (3) Whose parent(s), guardian or custodian is unable to discharge
his or her responsibilities to and for the child because of imprisonment,
hospitalization or other physical or mental incapacity; or (4) Who
has been placed for care or adoption in violation of the law of the
Tribe, the federal Indian Child Welfare Act, or other federal law;
or (5) Who has been physically, emotionally, psychologically or sexually
abused by his or her parent(s), guardian or custodian; or (6) Who
has been sexually exploited by his or her parent(s), guardian or custodian;
or (7) Whose parent(s), guardian or custodian has in violation of
Tribal law or tradition knowingly, intentionally or negligently: (a)
Placed the child in a situation that may endanger his or her life
or health; or (b) Tortured, cruelly confined or cruelly punished him
or her. No child who is being provided, under a sincere religious
or cultural belief, with treatment and care by spiritual means in
accordance with the tenets and practice of a recognized church, religious
denomination, traditional Tribal healing or medicine or other religious
organization by a recognized practitioner thereof shall be considered,
for that reason alone, to be a dependent child.
(48)
Deprivation of Custody: Transfer of legal custody by the Children's
Court from a parent or previous legal custodian to another person,
agency or institution.
(49)
Designated Tribal authority is the person or persons directed
by the Pit River Tribal Council to receive and investigate reports
of elder and vulnerable adult abuse, neglect and/or exploitation;
to assess and determine the need for protective services; and to coordinate
the delivery of said services with the elder advocates and appropriate
service agencies. Said person/persons shall be referred to as the
Adult Protective Service Worker(s).
(50)
Detention Exercising authority over a child by physically placing
them in any juvenile facility designated by the court and restricting
the child's movement in that facility; or the temporary care of a
child who requires secure custody in physically restricting facilities
pending Court disposition or a Court order for placement or commitment.
(51)
Disposition hearing means a hearing, held after an adjudicating
hearing has bound a child to be deprived, neglected, in need of supervision,
or delinquent in which the Court must determine what treatment should
be ordered for the family and the child, and what placement of the
child should be made during the period of treatment.
(52)
Diversion. A course of remedial action taken in matters arising
under this Title designed to avoid formal court action and to serve
the best interests of the child involved.
(53)
Domestic violence means the commission of one or more of the
following acts upon an aggrieved party or upon a minor child residing
with or in the custody of the aggrieved party by a person with whom
the aggrieved party has or has had a personal relationship, but does
not include acts of self-defense: (A) Attempting to cause bodily injury,
or intentionally causing bodily injury; or (B) Placing the aggrieved
party or a member of the aggrieved party's family or household in
fear of imminent serious bodily injury; or C) Forcing the aggrieved
party or a member of the aggrieved party's family or household to
engage in sexual activity by force, threat of force, or duress.
(54)
Domicile. The term "domicile" as used in this Code
shall include a child who physically resides within the Tribe's Territory
in the custody of his or her parents or custodians. The domicile of
a child is that of the custodial parent or if both parents have custody,
the domicile of any parent who is a member of the Tribe and has the
greatest contact with the Tribal Nation. The domicile of a child born
out of wedlock is that of the natural mother unless otherwise established
in the father. Domicile includes the intent to establish a permanent
home or where the parents or custodian consider to be their permanent
home. Domicile for purposes of jurisdiction is established at the
time of the alleged act(s).
(55)
Elder means a tribal member or other person eligible for services
residing within the exterior boundaries of the Pit River Tribe who
is: (a) 55 years of age or older; or (b)determined by Tribal Court,
Tribal custom or grant guideline to be an elder.
(56)
Emergency Foster Home Placement with a family whose home has
been licensed to accept emergency placements of children at any hour
of the day or night.
(57)
Emergency situation means a situation in which an elder or
vulnerable adult is immediately at risk of death or injury as a result
of abuse, neglect and/or exploitation, and is unable to consent to
services which would remove the risk.
(58)
Essential services means those services or things necessary
to sustain a person's life, physical and mental health, and general
well-being, such as adequate food, clothing, shelter, and health care.
It may include services or items considered essential under the person's
customs, traditions or religion, including but not limited to access
to traditional foods and access to religious ceremonies or services.
(59)
Ex parte order means an emergency order entered before notice
can be given to the other party.
(60)
Expert witness means a person who is either (1) a member of
the Tribe who is acknowledged by the Tribe to be an expert on the
culture, custom, and traditions of the Tribe; or (2) a professional
person having a recognized education or experience in medicine, sociology,
psychology, or other fields relevant to a child welfare proceeding.
Wherever testimony is required of expert witnesses in the plural,
there shall be at least one witness meeting the criteria of (1) and
one witness meeting the criteria of (2) although this may be the same
witness if she meets both criteria. Whenever testimony is required
of an expert witness in the singular, any person who meets either
part of this definition shall be qualified to testify.
(61)
Exploitation means the unreasonable use of an elder or vulnerable
adult or their money, property, or other resources by a caretaker
or other person without the elder or vulnerable adult's consent or
through fraud, misrepresentation, coercion, or duress.
(62)
Extended family member means any person who has reached the
age of eighteen and is related to the Indian child by blood or marriage,
or any person recognized by the law or custom of the Tribe.
(63)
Family care home or foster home means a facility for the care
of not more than ten (10) children in a family type setting, licensed
or approved pursuant to Tribal law, or, if outside the Tribal jurisdiction,
by the law of the jurisdiction in which such facility is physically
located or both.
(64)
Family in Need of Services Means a family whose child, while
subject to compulsory school attendance, is habitually and without
justification absent from school; or a family wherein there is allegedly
a breakdown in the parent-child relationship based on the refusal
of the parents, guardian, or custodian to permit a child to live with
them or based on the child's refusal to live with his parents, guardian
or custodian; and (c) in either of the foregoing situations: the conduct
complained of presents a clear and substantial danger to the child's
life or health and the intervention of the juvenile court is essential
to provide the treatment, rehabilitation or services needed by the
child or his family; or the child or his family are in need of treatment,
rehabilitation or services not presently being received and the intervention
of the juvenile court is essential to provide this treatment, rehabilitation
or services.
(65)
Family violence means: (a) any act or threatened act of violence
or forceful detention, which results in physical or mental injury,
or places the individual in fear of such harm; and (b) such act is
committed against the individual by: (i) a person related by blood
or marriage who is a spouse or husband, brother or sister, parent
or child; or (ii) a person residing with the individual.
(66)
Foster care placement which shall mean any action removing
an Indian child from its parent or Indian custodian for temporary
placement in a foster home or institution or the home of a guardian
or conservator where the parent or Indian custodian cannot have the
child returned upon demand, but where parental rights have not been
terminated;
(67)
Foster care. The temporary care of a child in a private home
or institution approved by the Court as appropriate to provide such
care.
(68)
Grandparent means (1) A biological grandparent. (2) The brothers
and sisters of a biological grandparent, and their spouses. (3) Any
other person, who, by virtue of an adoption either of themselves or
a member of their family pursuant to the laws of any Indian Tribe
or state, would come within the terms of subparagraphs (1) or (2)
of this subsection.
(69)
Group care facilities means places other than family care homes
or child care centers providing care for small groups of children.
(70)
Group Home A residential detention facility which is licensed
to care for children under the age of eighteen (18).
(71)
Guardian ad litem means any person appointed by the Family
Court to represent and protect the legal rights and interests of the
child in the Family Court proceedings.
(72)
Guardian means a person other than the minors parents who is
by court order responsible for that minor. The guardian of a child's
person shall have no authority over the property or income of the
child, except public assistance benefits, unless specially authorized
by a court.
(73)
Guardianship of the person means legal custody or the duty
and authority vested by law to make major decisions affecting a child
including, but not limited to: (1) The authority to consent to marriage,
enlistment in the armed forces, and to extraordinary medical and surgical
treatment, and (2) The authority to represent a child in legal actions
and to make other decisions of substantial legal significance concerning
a child, and (3) The authority to consent to the adoption of a child
when the parent-child relationship has been terminated by judicial
decree or the death of the parents, and (4) The rights and responsibilities
of the physical and legal care, custody, and control of a child when
legal custody has not been vested in another person, or agency, or
institution. (5) The duty to provide food, clothing, shelter, ordinary
medical care, education, and discipline for the child. Guardianship
of the person of a child, or legal custody of a child, may be taken
from its parents only by Court action.
(74)
Habitual Truancy means truant for five (5) days within ten
(10) school days or ten (10) truancies within any ninety (90) school
day period within a school year.
(75)
Halfway house means group care facilities for children who
have been placed on probation or parole by virtue of being adjudicated
delinquent, or in need of supervision under this title.
(76)
He/His The use of he/his means he or she, his or her, and singular
includes plural.
(77)
Healing Circle refers to the team of Pit River community members,
including tribal youth, chosen and/or appointed in any manner the
Tribal Council decides, which creates the individual youth and family
Healing Strategy.
(78)
Healing Strategy is a team-derived and wellness-related plan
of activities and conduct that promotes health, wellness, and peace
for the Peacemaker Juvenile participant. Healing Strategies may include,
but are not limited to, any of the following: Ceremonies; Rites of
passage; Vision quests; Drug and Alcohol education; Activities or
conduct that causes a child to develop life skills and discipline,
and to adopt socially acceptable habits including, but not limited
to: Showing and sharing respect to all Physical activity and exercise,
such as wrestling, hoop dancing, basketball, community service, employment
and developing team-building.
(79)
Health and Human Services Department ("HHS") means
the Tribal department supervising and directing all child welfare,
health, and family services programs, and their related programs.
(80)
Incapacitated person means any person determined by the Tribal
Court or a court of competent jurisdiction to be impaired by reason
of mental illness, mental deficiency, physical illness or disability,
chronic use of drugs, chronic intoxication or other cause to the extent
that he or she lacks sufficient understanding or capacity to make
or communicate responsible decisions concerning his or her person
or which cause has so impaired the person's judgment that she or he
is incapable of realizing and making a rational decision with respect
to his or her need for treatment.
(81)
Indian: For purposes of this Code shall include a member of
the Pit River Tribe or any other federally recognized Indian Tribe,
band, group or community or the natural child of any Indian, regardless
of age; and any person of Indian descent within the exterior boundaries
of the Pit River Tribe.
(82)
Informed consent means the consent obtained for a proposed
course of protective services action following a reasonable attempt
to provide information to the elder, vulnerable adult, and/or caretaker
which conveys, at a minimum, the risks, alternatives and outcomes
of the various modes of protective service provisions available under
the circumstances.
(83)
Interim Care The status of temporary physical control of a
child whose family is "in need of services".
(84)
Judge. The term "judge" as used in this Code shall
mean any person duly appointed or elected in conformity with applicable
tribal law and the tribal constitution to a judicial position on any
courts of the Tribe. The term "judge" as used in this Code
shall not include any peacemaker, mediator or other person duly appointed
or elected to engage in alternative dispute resolution (other than
a judge) in any of the courts of the Tribe.
(85)
Juvenile Facility Any juvenile facility (other than a school)
that cares for juveniles or restricts their movement, including secure
juvenile detention facilities, alcohol or substance abuse emergency
shelter or halfway houses, foster homes, emergency foster homes, group
homes, and shelter homes (see individual definitions).
(86)
Juvenile Intake Officer: The court official who screen minors
subsequent to arrest.
(87)
Juvenile Offender A child who commits a "juvenile offense"
prior to the child's eighteenth (18) birthday.
(88)
Juvenile Offense A criminal violation of the Law and Order
Code of the Pit River Tribe which is committed by a person who is
under the age of eighteen (18) at the time the offense was committed.
(89)
Law enforcement officer includes any tribal, state or county
police officer, social worker, peace officer, military or other security
official of any jurisdiction within the boundaries of the United States
and Canada who is acting within lawful authority within the Pit River
Tribe.
(90)
Law Enforcement Services ("LES") means the Tribal
Police Department, and the Director and Assistant Director of the
Tribal Public Safety Department.
(91)
Least restrictive alternative means an approach which allows
an elder or vulnerable adult independence and freedom from intrusion
consistent with the elder's or vulnerable adult's needs by requiring
that the least drastic and intrusive method of intervention be used
when intervention is necessary to protect the elder or vulnerable
adult from harm.
(92)
Member means a person enrolled in the Pit River Tribe.
(93)
Mental injury means an identifiable and substantial impairment
of a person's intellectual or psychological functioning or well-being.
(94)
Minor means a person under eighteen (18) years of age.
(95)
Minor-In-Need-Of-Care means minor who is a member of or is
eligible for membership in the Tribe and who: (a) Has no parent, guardian
or custodian available and willing to care for him/her; or (b) Has
suffered or is likely to certainly suffer a physical or emotional
injury, inflicted on him/her by other than accidental means, which
causes or creates a substantial risk of death, disfigurement, impairment
of bodily functions; or (c) Has not been provided with adequate food,
clothing, shelter, medical care, education or supervision by his/her
parents, guardian or custodian necessary for his/her health and well-being;
or (d) Has been sexually abused or exploited; or (e) Has been emotionally
abused or neglected; or (f) Is habitually truant from home or school;
or (g) Has violated tribal laws relating to intoxicating beverages,
controlled substances, or curfew.
(96)
Neglected child or dependent child means a child: (1) Whose
parent, guardian, or legal custodian has subjected him to mistreatment
or abuse, or whose parent, guardian, or legal custodian has suffered
or allowed another to mistreat or abuse the child without taking lawful
means to stop such mistreatment or abuse and prevent it from recurring;
or (2) Who lacks proper parental care through the actions or omissions
of the parent, guardian, or legal custodian; or (3) Whose environment
is injurious to his welfare; or (4) Whose parent, guardian, or legal
custodian fails or refuses to provide proper or necessary subsistence,
education, medical care, or any other care necessary for his health,
guidance, or well being, whether because of the fault of the parent,
guardian, or legal custodian, or because the parent, guardian or legal
custodian does not have the ability or resources to provide for the
child. (5) Who is homeless, without proper care, or not domiciled
with his parent, guardian, or legal custodian, due to, or without
the fault of his parent, guardian, or legal custodian, or (6) Whose
parent, guardian, or legal custodian has abandoned him without apparent
intent to return, or who has placed him informally with any other
person, and has not contributed to the support of the child or established
personal contact with the child for a period in excess of six months.
(97)
Nephew means the male child of a brother, sister, brother-in-law,
or sister-in-law, whether by blood, marriage, or adoption.
(98)
Niece means the female child of a brother, sister, brother-in-law,
or sister-in-law, whether by blood, marriage, or adoption.
(99)
Order. The term "order" as used in this Code shall
mean every document in any proceeding signed by the judge including
proposed orders prepared by the parties, their representatives, any
peacemaker, or the court.
(100)
Parent Includes a natural or adoptive parent, but does not
include persons whose parental rights have been legally terminated,
nor does it include the unwed father whose paternity has not been
acknowledged or established unless he has acknowledged paternity of
the child orally to two or more disinterested parties or in writing
under oath unless paternity has been established by judicial action.
(101)
Peacemaker. The term "Peacemaker" as used in this
Code means any person duly chosen or approved by the Tribal Council,
any court of the Tribe, or any judge thereof, or otherwise elected
by the members of the Tribe in conformity with applicable tribal laws
and the tribal constitution to a peacemaking position, temporary or
otherwise, in the Tribe. A "Peacemaker" may include any
other persons appointed or otherwise authorized by any court of the
Tribe or Tribal council to mediate or otherwise informally resolve
disputes. Any person who has the respect of the community of his or
her residence, an ability to work with tribal members, and a reputation
for integrity, honesty, humanity, and an ability to resolve local
problems shall be eligible to be elected, appointed, or approved as
appropriate, as a peacemaker.
(102)
Peacemaking. The term "Peacemaking" as used in this
Code shall mean a non-adversarial tribal process used by one or more
peacemakers to encourage parties to resolve disputes which they are
unable to resolve themselves. Peacemaking may involve persons not
directly involved in the dispute, including, but not limited to, members
of the extended family or band of the parties to the dispute. Peacemaking
may also involve religious ceremonies and religious leaders to help
resolve disputes. Peacemaking may be used to facilitate the fair resolution
of any or all disputes in a juvenile proceeding brought in the courts
of the Tribe, including any disputes over procedure, or any part of
a juvenile proceeding.
(103)
Person with an interest in a child means the child if 14 years
of age or over, the child's parent, guardian, or a custodian, a member
of the child's extended family, a law enforcement or conservation
officer when jurisdiction is alleged, and the child welfare coordinator.
(104)
Personal relationship means a relationship wherein the parties
involved: (A) Are current or former spouses. (B) Are persons who live
together or have lived together, and are or were in a dating relationship
while living together. (C) Are related as parents and children, including
persons acting in loco parentis to a minor child, or as grandparents
and grandchildren. For purposes of this subdivision, an aggrieved
party may not obtain an order of protection against a child or grandchild
under the age of 16. (D) Have a child in common. (E) Are current or
former household members. (F) Are persons who are in a dating relationship
or have been in a dating relationship. For purposes of this subdivision,
a dating relationship is one wherein the parties are romantically
involved over time and on a continuous basis during the course of
the relationship. A casual acquaintance or ordinary fraternization
between persons in a business or social context is not a dating relationship.
(105)
Physical injury means death, permanent or temporary disfigurement,
or impairment of any bodily organ or function.
(106)
Preadoptive placement which shall mean the temporary placement
of an Indian child in a foster home or institution after the termination
of parental rights, but prior to or in lieu of adoptive placement
(107)
Presenting Officer: A court official who represents the Pit
River Tribe in minor-in-need-of-care proceedings under this Code.
The duties and responsibilities of the presenting officer may be delegated
to the tribal prosecutor.
(108)
Pro se means without the assistance of an attorney.
(109)
Probable Cause exists where the facts and circumstances within
a judges knowledge and of which she/he has reasonable trustworthy
information are sufficient in themselves to warrant a person of reasonable
caution to believe that the minor is a minor-in-need-of-care.
(110)
Probation A legal status created by court order whereby a "juvenile
offender" is permitted to remain in his home under prescribed
conditions and under the supervision of a person designated by the
court. A "juvenile offender" on probation is subject to
return to court for further proceedings in the event of his failure
to comply with any of the prescribed conditions of probation.
(111)
Protective Supervision A legal status created by court order
under which a "juvenile offender" is permitted to remain
in his home or is placed with a relative or other suitable individual
and supervision and assistance is provided by the court, a health
or social services agency or some other agency designated by the court.
(112)
Public or Private Official means a physician, including any
intern or resident; dentist; school employee; licensed practical nurse
or registered nurse; peace officer; psychologist; clergyman; optometrist;
chiropractor; naturopathic physician; licensed professional counselor
or marriage and family counselor; firefighter or emergency medical
technician; Court Appointed Social Advocate; Attorney; certified child
care provider or foster care provider, or employee thereof; employee
of the Department of Human Resources or Pit River Health Services;
a tribal or county health department; community or tribal mental health
and developmental disabilities program; tribal or county juvenile
department; or licensed alcohol and drug treatment program.
(113)
Qualified Elder or Historian means an individual who, because
of his or her knowledge or experience, has been certified by the Pit
River Tribal Council to testify as to the traditions and customs of
the Pit River Tribe before any federal, state or tribal court or administrative
body.
(114)
Qualified expert means any person who is: (a) a member of the
child's tribe who is recognized by the tribal community as knowledgeable
in tribal customs regarding familial organizations and child-rearing;
or (b) a lay person having substantial experience in the delivery
of social services to Indian families and children, and has extensive
knowledge of prevailing social and cultural standards and child-rearing
practices within the child's tribe; or (c) a professional with substantial
experience in his or her field.
(115)
Reservation means the area within the external boundaries of
the Pit River Tribe's Territory.
(116)
Residual parental rights and responsibilities means those rights
and responsibilities remaining with the parent after legal custody,
or guardianship of the person of said child has been vested in another
person, agency, or institution, but where parental rights have not
been terminated, including, but not necessarily limited to, the responsibility
for support, the right to consent to adoption, the right to inherit
from the child, the right to determine the child's religious affiliation,
and the right to reasonable visitation with the child unless restricted
by the Court.
(117)
Restitution Financial or other reimbursement by the child to
the victim, and is limited to easily ascertainable damages for injury
to or loss of property, actual expenses incurred for medical, psychiatric
and psychological treatment for injury to persons, and lost wages
resulting from injury, which are a direct and proximate result of
the delinquent act. Restitution does not include reimbursement for
damages for mental anguish, pain and suffering, or other intangible
losses.
(118)
School Attendance means physical presence of a child in school,
and includes attending scheduled classes during such hours and on
such days as determined by the school or, for students enrolled in
Alternative Education Programs, attendance at the place and during
hours scheduled by the school for the student, unless excused from
such attendance by school policy or state law.
(119)
School Attendance Policy means the current policy for school
attendance duly adopted by the appropriate school board.
(120)
Secure custody means a locked facility approved by the child
welfare coordinator and tribal attorney for the secure, temporary
holding in custody of children.
(121)
Secure Juvenile Detention Facility A facility which (a) contains
locked cells or rooms which are separated by sight and sound from
any adult inmates; (b) restricts the movement of those placed in the
locked cells or rooms, and (c) complies with the other requirements
of the Juvenile Justice and Delinquency Prevention Act, 42 U.S.C.
5601 et. seq.
(122)
Sentencing Circle Peacemaking. The term "Sentencing Circle
Peacemaking" shall mean a tribal process used by one or more
peacemakers to encourage restorative justice through dispositions
consistent with Chapter 15 of this Title. Sentencing Circle Peacemaking
may also involve religious ceremonies and religious leaders to help
recommend dispositional alternatives.
(123)
Sexual abuse means any sexual involvement with an elder or
vulnerable adult that the elder or vulnerable person does not consent
to, is physically and/or mentally incapable of voluntarily consenting
to, or consents to as the result of intimidation, duress or fraud.
(124)
Shelter Care. The term "shelter care" as used in
this Code means the care of a child placed in a foster home or institution
maintained by individuals or organizations to receive and care for
children pending court disposition, peacemaking, or transfer to another
jurisdiction.
(125)
Sister means (1) Any female sibling. (2) Any other female person,
who, by virtue of a adoption either of themselves or of a member of
their family pursuant to this Act or the laws of any Indian Tribe
or state, would have the relationship of a sibling with the person
in question.
(126)
Sister-in-law means the wife of a brother by blood or marriage.
(127)
Spiritual Healing shall not be included under the definitions
of abuse or neglect when any child is under care or treatment solely
by spiritual means in accordance with the religious beliefs or practices
of the child or the child's parent or custodian.
(128)
Status offender. A child: (1) (i) who is subject to compulsory
school attendance and is habitually truant from school without justification;
or (ii) who has committed an offense committable only by children;
or (iii) who is habitually disobedient to the reasonable and lawful
commands of the parent or custodian; or (iv) who habitually runs away
from home; AND (2) Who the Court determines is in need of rehabilitation.
(3) This subsection shall also be applicable in the handling of juvenile
matters occurring off reservation when: (i) the juvenile, is over
15 years of age, and has been issued a citation by a State, Parish
and/or City Law Enforcement Officer for a violation of the State Traffic
Code, and/or; (ii) the case has been referred to the Tribal Police
and/or Tribal Court for processing.
(129)
Stepparent means a person married to a biological parent, but
who is not a biological parent of the child.
(130)
Termination of parental rights or termination of the parent-child
legal relationship means the permanent elimination by Court order
of all parental rights and duties, including residual parental rights
and duties, but not including the child's right to inherit from the
parent whose rights have been terminated.
(131)
Termination of Parental Rights: Permanent elimination of all
parental rights and duties of a person including residual parental
right and duties by court order.
(132)
Territory of the Pit River Tribe means all lands within the
Tribal Boundaries, and all lands held by the United States for the
benefit of the Pit River Tribe or any member of the Pit River Tribe,
and all additional lands acquired by the Pit River Tribe notwithstanding
the issuance of any right-of-way.
(133)
Traditional custodian means those relatives of the child other
than the parents, who, by force of the traditions, customs, and common
law of the Tribe have the rights, duties, and responsibilities of
assisting the parents in rearing the child and providing for its support.
(134)
Transfer proceeding means any proceeding in the Tribal Court
to grant, accept, or decline transfer of any children's case from
or to the courts of any Indian Tribe or state whenever such transfer
is authorized by Tribal, federal, or state law.
(135)
Transfer to Tribal Court Transferring a child from the jurisdiction
of the juvenile court to the jurisdiction of the tribal court which
results in the termination of the juvenile court's jurisdiction over
that offense.
(136)
Tribal Child means a child who is either (a) an enrolled member
of the Tribe; or (b) eligible for enrollment in the Tribe.
(137)
Tribal Council The tribal council of the Pit River Tribe.
(138)
Tribal Court The adult court for the Pit River Tribe.
(139)
Tribe means the Pit River Tribe.
(140)
Truancy means any absence of part or all of one or more days
from school during which the school attendance officer, or his agent,
has not been notified of the legal cause of such absence by the person
having the absent pupil under his or her control during non-school
hours and also means intermittent attendance carried on for the purpose
of defeating the intent of the state and tribes attendance laws.
(141)
"Vulnerable adult" means a tribal member or other
person eligible for services residing within the exterior boundaries
of the Pit River Tribe who:
a.
Is at least 18 years of age and has been determined to be disabled
by an agency such as the Social Security Administration, Vocational
Rehabilitation Division, Veteran's Administration, or Medicaid;
or
b.
Is at least 18 years of age and is declared by the Tribal Court
or a court of competent jurisdiction to be incapacitated;
c.
Is at least 18 years of age and is suffering from a continuing disability
or a disability that is expected to continue indefinitely that is
attributed to mental retardation, or related neurological conditions
or illnesses.