Ala. Admin. Code r. 660-5-36-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-5-36-.07 - Definition Of Terms

There are certain terms used in the Indian Child Welfare Act (ICWA) that have different meanings from their use in other child welfare programs.

(1) Child Custody Proceeding - There are four types of child custody proceedings defined and covered in ICWA.

(a) Foster Care Placement is any action removing an Indian child from its parent or Indian custodian for temporary placement in out-of-home care and the parent or Indian custodian cannot have the child returned upon demand, but parental rights have not been terminated.

(b) Termination of Parental Rights is any action resulting in the termination of the parent-child relationship.

(c) Pre-adoptive Placement if the temporary placement of an Indian child in out-of-home care after the termination of parental rights, but prior to or in lieu of adoptive placement.

(d) Adoptive Placement is the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.

(2) Domicile - For adults, "domicile" is established by physical presence in a place with intent to remain there. For Indian children "domicile" is established by their parents' "domicile." Indian children can be domiciled within a tribe's reservation without ever having been physically present on the reservation. When paternity is not established, the domicile of the mother is taken by the Indian child. The child's tribe will determine whether an Indian child is domiciled on the reservation.

(3) Extended Family Member is any person defined by law or custom of the Indian child's tribe or in the absence of law or custom, any person who has reached the age of 18 and is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent.

(4) Federally Recognized Indian Tribes are those tribes acknowledged by the Bureau of Indian Affairs, Department of Interior, as Indian tribes by virtue of their government-to-government relationship with the United States.

(5) Indian child is unmarried; under the age of eighteen (18); a member of a federally recognized Indian tribe, or eligible for membership in a federally recognized Indian tribe and the biological child of a member of a federally recognized Indian tribe.

(6) Indian Child's Tribe is the Indian tribe in which an Indian child is a member or eligible for membership or in the case of an Indian child being a member or eligible for membership in more that one tribe, the Indian tribe with which the Indian child has the more significant contacts.

(7) Indian Custodian is a person who has legal custody of an Indian child under tribal law or custom or under State law, or any Indian person to whom temporary physical care, custody and control has been transferred by the parent of such child.

(8) Parent is the biological parent of an Indian child or any Indian person who has lawfully adopted (includes tribal law or custom) an Indian child. Biological parent does not include the unwed father where paternity has not been established or acknowledged.

(9) Qualified Expert Witness is any person who, based on their level of education and experience with Indian people and culture, are recognized by courts of law to be experts on Indian culture.

(10) Reservation is Indian country defined in the United States Code and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation.

(11) Tribal Court is a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings.

Ala. Admin. Code r. 660-5-36-.07

New Rule: Filed December 20, 2007; effective January 24, 2008.

Author: Margaret Livingston

Statutory Authority: 25 United States Code, Chapter 21 §1901 -1923.