Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.26.3.7 - DEFINITIONSA. "Adoptee" means any person who is the subject of an adoption petition.B. "Adoptee's consent" means a document signed by an adoptee whereby the adoptee agrees to be adopted by the petitioner.C. "Agency adoption" means an adoption proceeding in which the adoptee is placed by a private or child placement agency.D. "Consent" means a document signed by the biological parent whereby the parent agrees to the adoption of the parent's child by another; or whereby the department, or an agency licensed by the department, agrees to the adoption of a child in its custody.E. "Counselor" means a person or agency certified by the department to provide adoptive counseling in independent adoptions.F. "Custodial parent" means the parent with whom the child resides and whose parental rights have not been terminated or are not being terminated.G. "Department" means the children, youth and families department.H. "Department adoption" means an adoption proceeding in which the adoptee is placed by the department.I. "Extended family member" shall be defined by the law or custom of the Indian child's tribe, consistent with the Indian Child Welfare Act (ICWA) 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 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.J. "Foreign born child" means a child who was born in a country other than the United States of America (hereafter U.S.) and is not a U.S. citizen at the time the child is placed for adoption.K. "Indian child" means any unmarried person who is under eighteen (18) years of age and is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.L. "Indian child's domicile" means the place where the Indian child's parent or Indian custodian resides permanently or intends to relocate after a temporary residence for employment, education or other reasons. The domicile of the unwed mother of an Indian child shall be the domicile of the Indian child.M. "Indian child's tribe" means the Indian tribe in which an Indian child is a member or is eligible for membership or, in the case of an Indian child who is a member or is eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the most significant contacts, to be determined in accordance with the bureau of Indian affairs' (hereafter BIA) "Guidelines for State Courts - Indian Child Custody Proceedings."N. "Indian Child Welfare Act" (hereafter ICWA) means the Indian Child Welfare Act of 1978, 25 U.S.C. 1901 et seq.O. "Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the Interior because of their status as Indians, including any Alaska native village as defined in the Alaska Native Claims Settlement Act, 43 U.S.C. 1602(c).P. "Investigator" means a person or agency who has been certified by the department to conduct adoptive studies or reports in independent adoptions.Q. "List" refers to a document which lists the persons or agencies certified by the department as investigators or counselors.R. "Non-custodial parent" means the parent with whom the child does not reside and whose parental rights have been terminated or are being terminated by the adoption.S. "Reservation" means Indian country as defined in 18 U.S.C. 1151 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.T. "Tribal court" means a court of an Indian nation, tribe or pueblo with jurisdiction over child custody proceedings.01/01/98; Recompiled 11/30/01