Ill. Admin. Code tit. 89, § 307.2

ILLINOIS ADMINISTRATIVE CODE

TITLE 89: SOCIAL SERVICES

CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES

SUBCHAPTER A: SERVICE DELIVERY

PART 307. INDIAN CHILD WELFARE SERVICES


307.2 Definitions


"Department" means the Department of Children and Family Services.


"Extended family member" shall be as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen 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 stepparents.


"Indian" means any person who is a member of an Indian tribe, or who is an Alaska native and a member of the regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act (85 Stat. 688, 691 ff.)(43 U.S.C. 1601, 1606).


"Indian child" means any unmarried person who is under age eighteen; and


a) is a member of an Indian tribe; or


b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.


"Indian child's tribe" means


a) the Indian tribe in which an Indian child is a member or eligible for membership as determined by the tribe; or


b) in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts.


"Indian custodian" means any Indian person who has legal custody of an Indian 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.


"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 United States Department of the Interior because of their status as Indians, including any Alaska native village as defined in Section 3(c) of the Alaska Native Claims Settlement Act (85 Stat. 688, 689), as amended (43 U.S.C. 1601, 1602(c)).


"Parent" means any biological parent or parents of an Indian child or any Indian 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.


"Tribal court" means a court of jurisdiction over child custody proceedings and which is either 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.

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