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Ohio Admin. Code § 5101:2-42-49






5101:2-42-49 Definitions related to the Indian Child Welfare Act

(A) "Indian child" is any unmarried person under age eighteen who is either:

(1) A member of an Indian tribe, or

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

(B) "Indian child's tribe" is one of the following:

(1) The tribe in which the Indian child is a member or is eligible for membership.

(2) The tribe with which the Indian child has the more significant contacts if the child is eligible for membership in more than one tribe.

(C) "Extended family member" is defined by the law or custom of the Indian child's tribe. If the tribal law does not define the term, it shall include any person who has attained the age of eighteen and is the child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first or second cousin, or stepparent.

(D) "Indian" is any person who is a member of an Indian tribe or an Alaskan native who is a member of a regional corporation as defined by the Alaska Native Claims Settlement Act, 43 U.S.C. Sec. 1606.

(E) "Indian custodian" is any Indian person who has legal custody of an Indian child under either tribal law or custom or under state law or to whom temporary physical care, custody, or control has been transferred by the parent of the child.

(F) "Indian organization" is any group, association, partnership, corporation, or legal entity owned or controlled by Indians, or a majority of whose members are Indians.

(G) "Indian tribe" is any tribe, band, nation, or other organized group or community of Indians recognized by the secretary of the interior as eligible for services provided to Indians because of their status as Indians, including any Alaska native village as defined by the Alaska Native Claims Settlement Act ,43 U.S.C. Sec. 1602, as amended.

(H) "Parent" means the biological parent or parents of an Indian child or an Indian person who has adopted an Indian child either under state law or tribal law or custom. It does not include a putative father whose paternity has not been established.

(I) "Tribal court" is a court having jurisdiction over child custody proceedings. It may be an Indian court of offenses, a court established and operated under tribal law or custom, or any other administrative body of a tribe which is vested with authority over child custody proceedings.

(J) "Reservation" means Indian country as defined in section 1151 of Title 18, U.S.C., and any lands which are 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 U.S. against alienation.

(K) "State court of competent jurisdiction" means an Ohio juvenile court.

(L) "Secretary" means U.S. secretary of the interior.

(M) "Agency" means a public children services agency, or a private child-placing agency certified by the Ohio department of job and family services (ODJFS).

HISTORY: 2002-03 OMR 1486 (A), eff. 2-1-03; 1986-87 OMR 1053 (E), eff. 4-1-87

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