DMR.1.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Affected Persons" means the child who is the subject of a petition under this ordinance, the Tribe by the Child Welfare Director or the Assistant Child Welfare Director, and the child's parents, guardians, and custodians.

(b) "Adoptee" means the individual, child or adult who is adopted or is to be adopted.

(c) "Adoptive Parent" means the person establishing or seeking to establish a permanent parent-child relationship with a child who is not their biological child.

(d) "Assistant Child Welfare Director" means the Tribe's Assistant Director of Indian Child Welfare. When the Child Welfare Director and Assistant Child Welfare Director are unavailable, a designee shall be named in their absence and shall have all requisite authority of the Child Welfare Director and/or the Assistant Child Welfare Director.

(e) "Best Interests of a Child" means:

(1) The ability of the Tribe and reservation community to provide for the care of the Child;

(2) The wishes of the Tribe, parents, party or parties;

(3) The preference of the Child if the Child is of sufficient age to express a preference;

(4) The intimacy of the relationship between the parties and the Child; the Child's adjustment to the home, school and the Tribal community;

(5) The length of time the Child has lived in a stable, satisfactory environment and desirability of maintaining continuity;

(6) The permanence as a family unit, of the existing or proposed adoptive home;

(7) The mental and physical health of all individuals involved;

(8) The capacity and disposition of the parties to give the child love, affection, guidance and to continue educating the Child in the Child's tribal culture and heritage.

(f) "Best Interests of the Tribe" means a variety of factors including but not limited to the ability of the Tribe and its members to provide for the Child; the ability of the Tribe and its members to provide for the continuation of the Tribe's culture, language, history, religion, traditions, and values through its children if those children are taken away and not taught these things throughout their lives. The ability of the Tribe to continue as a viable cultural entity will be hindered by the loss of its children. Every child is a gift from the creator and is viewed by the Tribe as crucial to the future of the Tribe as a whole.

(g) "Birth Parent" means the biological parents listed on the child's birth certificate,, enrollment application or acknowledged as the birth parent by law.

(h) "Child" or "Minor" means a person who is a member of the Tribe, or is eligible for membership in the Tribe, whether or not resident or domiciled on the Reservation and whether or not the subject of a child welfare proceeding in any Court; or who is the child of a member of the Tribe; or who is an Indian child and resides within the boundaries of the Reservation; and who is

(1) Under eighteen (18) years of age, or

(2) Eighteen (18) years of age or older and concerning whom proceedings were commenced in the Children's Court, or in another Court from which such proceedings are transferred to the Children's Court, prior to his or her 18th birthday.

(3) "Code" or "Ordinance" means this Children's Code.

(i) "Customary Adoption" means a traditional tribal practice recognized by the community and Tribe which gives a child a permanent parent-child relationship with someone other than the child's birth parent(s).

(j) "Child Welfare Director" means the Tribe's Director of Indian Child Welfare. When the Child Welfare Director is unavailable, the Assistant Child Welfare Director shall have all requisite authority of the Child Welfare Director in his or her absence.

(k) "Child Welfare Proceeding" has the meaning given to "child custody proceeding" in 25 U.S.C. § 1903 (1), and in addition, shall mean any child protective proceeding regarding any child under twelve (12) years of age who commits an act which, but for the child's age, would be considered a criminal or delinquent act.

(l) "Children's Court" means the Children's Court Division of the Lac Courte Oreilles Tribal Court exercising jurisdiction pursuant to this ordinance.

(m) "Custodian" means a person having care and custody of a child under any arrangement with the child's parent or guardian or pursuant to order of the Children's Court.

(n) "Days" means a twenty-four-hour time period. In computing any period of time prescribed or allowed by this Tribal Code of Law, or any other ordinance or statute, or by order of the court, the day of the act, event, or default from which the designated time period begins to run shall not be included. The last day of the period shall be included unless it is a day that the clerk of court's office is closed, in which case the period shall extend until the day that the clerk of court's office is open next. When the period of time prescribed or allowed is ten days or less, Saturdays and Sundays are excluded in the computation.

(o) "Extended Family" means all persons who are a child's relative pursuant to tribal customary law including but not limited to indaanikobijigan (blood lines such as brother, sister, grandparent, great-grandparent, aunt, great-aunt, uncle, great-uncle, first or second cousin, niece, nephew), wiidigendinaaniwan (marriage ties such as stepparent, stepbrother, stepsister, brother-in-law, sister-in-law), niiyawenh'enh (namesake), nindoodem (clan member), and bami'aagan (customary adoption relative).

(p) "Final Decree of Customary Adoption" means a final order of the Children's Court which established the permanent legal relationship between the child and the adoptive parent(s) and establishes any contact which may be allowed with the biological parent.

(q) "Final Order Suspending Parental Rights" means a final order of the Children's Court which suspends the rights of a biological parent to provide for the care, custody and control of their child. A Final Order Suspending Parental Rights may establish the parameters of contact between the birth parent and the child if that contact is in the child's best interest.

(r) "Guardian" means a person appointed by any Court to be guardian of a child's person.

(s) "Guardian Ad Litem" means a person appointed by the Children's Court to appear in child welfare proceedings on behalf of a child.

(t) "Law Enforcement Officer" means any tribal, federal, state or county social worker or peace officer of any jurisdiction within the boundaries of the United States and Canada.

(u) "Person with an Interest in a Child" means the child if fourteen (14) years of age or over, the child's parents, guardian, custodian, a member of the child's Extended Family, a law enforcement or conservation officer when jurisdiction under Section DMR.1.5.010(h) of this ordinance is alleged, the Child Welfare Director, and the Assistant Child Welfare Director.

(v) "Prenatal Exposed Newborn" means a child who has been exposed to addictive illicit drugs or prescription drugs or alcohol while in the womb and exhibits symptoms consistent with Neonatal Abstinence Syndrome after birth, or the child or the mother tests positive for addictive illicit drugs or addictive prescription drugs during the pregnancy or shortly after the child's birth. Addictive illicit and prescription drugs include, but are not limited to the following: amphetamine, including methamphetamine, barbiturates, benzodiazepines, cocaine, and its metabolites, marijuana, opiates, narcotics and opioids, such as fentanyl, oxymorphone, codeine, dihydrocodeine, ethylmorphine, hydromorphone, hydrocodone, morphine, methadone,and buprenorphine. The definition of "Prenatal Exposed Newborn" does not include children whose sole exposure to addictive prescription substances comes through medication provided to the mother during labor and childbirth.

(w) "Reservation" means those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(x) "Secure Custody" means a locked facility approved by the Child Welfare Director or Assistant Child Welfare Director for the secure, temporary holding of children in custody.

(y) "Substantial Parental Relationship" means the acceptance and exercise of significant responsibilities for the daily supervision, education, protection, and care of a child, as evidenced by factors including but not limited to whether the parent has ever expressed concern for or interest in the support, care, or well-being of the child or custodial parent, and whether the parent has neglected or refused to provide support.

(z) "Suspension of Parental Rights" means the suspension of the rights, powers, privileges, immunities, duties, and obligations existing between parent and child, as agreed by the biological parent; however tribal membership, rights, privileges, entitlements, or obligations shall not be affected by such suspension for the child(ren).

(aa) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.