Section YAE.01.05 — Definitions

(a) Abandon: When a parent or custodian leaves a youth without provisions for care or support for a period exceeding three (3) days and the parents whereabouts cannot be ascertained, or when a parent voluntarily or pursuant to a court order relinquishes care and custody of a youth and fails to communicate with the youth other than on an incidental basis for a period exceeding one hundred eighty (180) days.

(b) Adult: Any person subject to the jurisdiction of the Stockbridge-Munsee Tribe who is either eighteen (18) years of age or older, married or otherwise emancipated.

(c) Court, Tribal Court or Youth Court: The Stockbridge-Munsee Community Court when exercising jurisdiction under this Code, unless the context clearly requires otherwise.

(d) Custodian: An adult person, other than a parent or guardian, who has been given temporary physical care, custody and control of a youth, including the duty to provide food, clothing, shelter, medical care, education, and supervision to the youth.

(e) Delinquent Act: An act committed by a youth which if committed by an adult would be designated a crime or for which a penalty is provided under tribal law.

(f) Domicile/Residence: The determination of domicile and residence shall be in accordance with tribal law and custom. In the absence of other factors clearly demonstrating an intent to establish a permanent home off the reservation, a youth's domicile/residence shall be deemed to be within the reservation.

(g) Extended Family: This term shall be defined by the law or custom of the Indian youth's tribe, or in the absence of such law or custom, shall be a person who has reached the age of eighteen (18) and who is the youth's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or step-parent.

(h) Guardian: A person other than the youth's parent who is by tribal law or custom responsible for that youth.

(i) Guardian Ad Litem: An adult appointed by the Court to represent the best interests of a youth in any proceeding to which he or she may be a party.

(j) Guardianship: Authority, including Legal Custody, transferred or assumed by Tribal Court approved agreement or Tribal Court action to make all decisions of legal import for a Youth.

(k) ICWW: Indian Child Welfare Worker.

(l) Indian Tribe: Any Indian tribe, band, nation, or other organizational group, or community of Indians traditionally recognized as an Indian tribe by the Tribal Council or recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in Section 3(c) of the Alaska Native Claims Settlement Act as amended.

(m) Indian Youth: Means any unmarried person who is under eighteen (18) years of age and is either:

(1) enrolled in or a member of an Indian tribe or is eligible for enrollment or membership in an Indian tribe, or

(2) the biological child of an enrolled member of an Indian tribe or eligible member of an Indian tribe; or

(3) a member of an Indian tribe as documented by Tribal Resolution.

(n) Legal Custody:

(1) Authority transferred or assumed by Tribal Court approved agreement or Tribal Court action to make decisions of legal import for a minor child as to care, custody, and control of the child;

(2) Legal custody shall not include authority to place the minor child in another home or with any agency or to transfer the child's domicile;

(3) Legal custody shall not include authority to enroll a youth in another tribe if the child is presently enrolled, or eligible for enrollment, in the Stockbridge-Munsee Tribe.

(4) Legal custody shall be terminated upon Tribal Court order and the child shall immediately be given into the custody of the Court.

(o) Legal Custody (Temporary):

(1) Authority over a minor child temporarily transferred in writing by the parent(s) of the child to any adult member of the child's extended family or tribe as to care, custody, and control of the child for a period of up to, but not exceeding, 180 days; or

(2) Absent written authority of the parent(s) temporary legal custody may be given by the parent(s) to members of the child's extended family only and shall not exceed thirty (30) days in duration;

(3) Notwithstanding any written agreement, temporary legal custody shall be terminated upon demand of the parent(s) and the child shall be immediately returned to the custody of the Parent(s);

(4) Temporary legal custody shall not include authority to place the minor child in another home or with any agency or to transfer the child's domicile;

(5) Temporary legal custody may be terminated by Tribal Court order upon determination of the Court that such action is in the best interests of the child and the child shall immediately be given into the custody of the Court.

(6) Temporary legal custody shall not include authority to enroll a youth in another Tribe if the child is presently enrolled, or eligible for enrollment, in the Stockbridge-Munsee Tribe.

(p) Parent: Includes a biological or adoptive parent but does not include persons whose parental rights have been terminated, nor does it include an unwed father whose paternity has not been acknowledged or established pursuant to PART VI, PATERNITY, of this Chapter.

(q) Probable Cause/Reason to Believe: Facts which support a reasonable belief of the existence of a particular conclusion.

(r) Qualified Elder, Historian, or Other Tribal Representative: An individual who, because of his or her knowledge and experience, has been appointed by the Stockbridge-Munsee Community Tribal Council to testify as to the traditions and customs of the Stockbridge-Munsee Tribe.

(s) Reservation: Means "Indian Country" as defined in 18 U.S.C. 1151 and any lands not covered under such definition when title to such land is held by the United States in trust for the benefit of any Indian tribe or Indian individual and provided such land is subject to a restriction by the United States against alienation.

(t) Shelter Care: Means an emergency or temporary placement for youths in need of care.

(u) Stockbridge-Munsee Tribe: Means the Stockbridge-Munsee Community Band of Mohican Indians.

(v) Tribal Status: The tribe or tribes, if any, in which a youth is eligible to be enrolled or to be a member or is enrolled or is a member.

(w) Ward of the Court: Any youth appearing before the Youth Court and who is the subject of any proceeding over which the Court exercises jurisdiction.

(x) Written Authority: Written agreement, between the parent(s) and a member of the Youth's tribe as to temporary legal custody of the youth, duly notarized and approved by the Youth Court.

(y) Youth (minor):

(1) A person under the age of eighteen (18) years.

(2) A person eighteen (18) years of age or older concerning whom proceedings are commenced in Youth Court prior to his or her eighteenth (18th) birthday.

(3) A person eighteen (18) years of age through twenty (20) years of age under the continuing jurisdiction of the Youth Court.