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Ponca Tribe of Nebraska Tribal Code

TITLE III CHILD WELFARE 
CHAPTER 1 GENERAL PROVISIONS
Section 3-1-1. Purpose 
Section 3-1-2. Definitions 
Section 3-1-3. Jurisdiction

PTN Code § 3-1-1
Section 3-1-1. Purpose

The purpose of this title is to provide for the protection of children under the jurisdiction of the Tribe and to secure the care and guidance, preferable in his/her own home, which will serve the spiritual, emotional, mental, and physical welfare of such children and the best interests of the Ponca Tribe of Nebraska. The primary objectives of these laws are to strengthen family ties; to preserve and strengthen the cultural and tribal identity of Ponca children; to secure for every child removed from his/her home that care, control, and guidance as nearly equivalent to that which he/she should be given by his/her parents to help the child develop into a responsible, well-adjusted adult; to improve any conditions or home environment which may be contributing to the child's delinquency; and to protect the peace and security of the tribal community, and its individual residents from child abuse, and neglect. This Code is also intended to provide procedures for securing the Ponca Tribe's jurisdiction over children who are members of the Tribe or who are eligible for membership in the Tribe and who are the subject of state child custody proceeding as defined by the Indian Child Welfare Act.

Ponca Tribe of Nebraska Code § 3-1-1, PTN Code § 3-1-1

PTN Code § 3-1-2
Section 3-1-2. Definitions

(1) “Abandoned” means the failure of the parent to provide reasonable support and to maintain “any” contact with a child, including the provision of adequate supervision. Failure to maintain a normal parental relationship with a child without just cause for a period of one year shall constitute prima facie evidence of abandonment. Custody with extended family members or voluntary consent to placement does not constitute abandonment.

(2) “Abused or neglected Child” is a child as defined in Chapter 5.

(3) “Adjudication” means a finding by the Court that the facts alleged in a petition have been proven and that subsequent judgment has ensued.

(4) “Adjudicatory Hearing” is a hearing to determine whether the allegations in a petition alleging that a child is abused or neglected are supported by clear and convincing evidence or whether the allegations in a petition alleging that a child is in need of supervision are supported by evidence beyond a reasonable doubt.

(5) “Adult” for the purposes of this Title, is a person eighteen (18) years of age or over, except any person under twenty-one (21) years of age who is under the continuing jurisdiction of the Court or who is before the Court for an alleged delinquent act committed before the person's eighteenth birthday, or who is sixteen (16) years of age or older and is the custodial parent of a child or who has otherwise been emancipated by the Court.

(6) “Advisory Hearing” is an initial hearing conducted by the Court to inform the child and the child's parent(s) of their statutory and constitutional rights.

(7) “Child” is a person who is under the age of eighteen (18) years.

(8) “Child in need of supervision” is a child as defined in Chapter 6.

(9) “Court” means the Ponca Tribe of Nebraska Tribal Juvenile Court.

(10) “Custodian” is any person who has legal custody of a child under tribal law or state law or to whom temporary physical custody, care, and control has been transferred by the child's parent or guardian.

(11) “Delinquent act” means an act, which, if committed by an adult, is designated a crime under Federal or State law.

(12) “Department of Social Services” is the Tribal Department of Social Services.

(13) “Detention” is the temporary custody of a child in a secured physically restricting facility.

(14) “Dispositional Hearing” is a hearing after adjudication at which the Court makes a final decision in the case.

(15) “Extended family member” is a person who has reached the age of eighteen (18) and who is the child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, cousin, step-parent, a person who has adopted the child through either formal legal means or traditional tribal adoption or a significant family friend either identified by the family or the Tribal Council.

(16) “Foster care” is any action removing a child from his/her parents or custodian for temporary placement in a foster home or institution or the home of a guardian or where the parent or custodian cannot have the child returned upon demand, but where parental rights have not been terminated.

(17) “Guardian” is a person other than the child's parent who is by law responsible for that child.

(18) “Involuntary placement” is the temporary custody placement of a child by a person authorized by law to place children without the consent of the child's parent or custodian.

(19) “Juvenile offender” is a child who commits a delinquent act “and has been adjudicated to have committed said act”.

(20) “Least restrictive alternative” is the least drastic method of achieving “the best interests of a child”; the restrictions placed on the child must be reasonably related to the Court's objectives and must be the least restrictive way of feasibly achieving that objective.

(21) “Parent” is any biological parent or parents of a child or any person who has lawfully adopted a child, including adoptions under tribal law. It does not include unwed fathers where paternity has not been acknowledged or established.

(22) “Placement” is the temporary placement of a child in the physical, but not legal custody, of an individual or agency pending “a final determination of where the child shall reside on a permanent basis”.

(23) “Protective supervision” is a legal status created by court order under which an alleged or adjudicated abused or neglected child is permitted to remain in the home of the child's parents, guardian, or custodian or is placed with a relative or other suitable person and supervision and assistance is provided by the Court, Department of Social Services, or other agency designated by the Court.

(24) “Time” In computing any time prescribed under this Code, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(25) “Termination of Parental Rights Proceeding” means any action resulting in the termination of the parent-child relationship.

(26) “Tribal Attorney” means an attorney employed by the Tribe to handle legal matters in the Ponca Tribe of Nebraska Tribal Court on behalf of the Tribe.

(26) “Tribe” means Ponca Tribe of Nebraska.

(27) “Voluntary placement” means an action removing a child from his/her home and placing the child in the temporary custody of another either by the parent or by a person authorized by law to place children with the consent of the child's parent, guardian, or custodian.

Ponca Tribe of Nebraska Code § 3-1-2, PTN Code § 3-1-2

PTN Code § 3-1-3
Section 3-1-3. Jurisdiction

The Tribal Court has original jurisdiction over all matters under this Title which involve children who are members of the Tribe or who are eligible for membership in the Tribe.

Ponca Tribe of Nebraska Code § 3-1-3, PTN Code § 3-1-3

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