DMR.7.2.010 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) "Applicant" means the individual or individuals who have submitted a signed and dated application form for a foster care license to the Indian Child Welfare.

(b) "Agency" means the Lac Courte Oreilles Indian Child Welfare Department.

(c) "Band Members or Member" means a person enrolled or eligible for enrollment with the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(d) "Child" means a person under the age of eighteen (18).

(e) "Extended Family Member" means "Relative" as defined in this ordinance.

(f) "Foster Child" means a child who lives in a home required to be licensed under this ordinance and the Indian Child Welfare Act.

(g) "Foster Home" means any facility operated by a person required to be licensed under this ordinance or the Indian Child Welfare Act.

(h) "Foster Home Types" means one of the following:

(1) "Respite Home" means a home designated primarily for time-limited emergency placements, usually lasting no longer than thirty (30) days for any child.

(2) "Group Family Foster Home" means a home providing care for no more than ten (10) children, including the family's own children.

(3) "Restricted Home" means a home licensed for a specific child(ren). A restricted home may not accept children other than the specified named child(ren).

(i) "Foster Parent" means a person or persons who operate a facility required to be licensed under this ordinance and the Indian Child Welfare Act.

(j) "Guardian" means a person having the right to make major decisions affecting the child including the right to consent to marriage, to enlistment in the armed forces, to invasive surgery and to adoption, or to make recommendations as to adoption.

(k) "Indian/Native American" means any person who is a member of a Native American Tribe, or who is eligible for membership with an Indian Tribe.

(l) "Indian Custodian" means any Native American person who has legal custody of a Native American Child under Tribal Law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of such child

(m) "Legal Custodian" means the person having the legal right to the care, custody, and control of a child and the duty to provide food, clothing, shelter, routine medical care, education, and discipline for a child, under State Law or Tribal Court Order.

(n) "License" means a document issued by the Tribal Governing Board which authorizes the applicant/s to provide foster care.

(o) "Licensed Capacity" means the maximum number of foster children who can live in the foster home at any given time.

(p) "Mandated Reporter" is a person who, because of his or her profession, is legally required to report any suspicion of child abuse or neglect to the relevant authorities. These laws are in place to prevent children from being abused and to end any possible abuse or neglect at the earliest possible stage.

(q) "Parent" means any biological parent or parents of a Native American Child or any Native American Person who has lawfully adopted an Indian Child, including adoptions under Tribal Law or custom. It does not include the unwed father where paternity has not been acknowledged or established.

(r) "Relative" means a parent, grandparent, brother, sister, uncle, aunt, cousin, nephew, niece, stepparent, stepsister, Great Grandparent, Great Aunt, Great Uncle, Step-Aunt, or Step-Uncle.

(s) "Reasonable and prudent parent" means a parent who is characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child.

(t) "Respite Caregiver" means a responsible adult providing temporary care for the foster children in the absence of the foster parent(s).

(u) "Rule" means a regulation, standard, statement or policy or general order (including amendment or repeal of any of the foregoing) of general application and having effect of law.

(v) "Tribal Council or Council" means the Lac Courte Oreilles Tribal Governing Board.

(w) "Tribal Court" means the Lac Courte Oreilles Tribal Court unless otherwise specified.