25 C.F.R. § 11.900

Current through November 30, 2024
Section 11.900 - Definitions

For 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.

25 C.F.R. § 11.900