Statutes of the Pit River Tribe of California
Updated: 2005
Title
8. Family/Children's Code
Chapter 2. Definitions
Resolution #04-02-05
Title 8. Family/Children's Code, Chapter 2. Definitions
(A) Unless the context requires otherwise, as used in this Code, the
following words and phrases shall be defined accordingly:
(1) Abandon means when a parent leaves a child without provision for care or support and the parents whereabouts cannot be ascertained for a period of sixty (60) days, or when a parent voluntarily or pursuant to court order relinquishes care and custody of a child and fails to communicate with the child other than on an incidental basis for a period of two (2) years or more.
(2) Abandonment means the complete lack of parental contact with her child or marginal contact for twenty-four of the past forty-eight months, and the failure to provide financial support for more than one (1) continuous year. Placement of the child with a member of the parent's extended family shall not constitute abandonment.
(3) Abuse means the intentional infliction of physical or mental injury, unreasonable confinement, intimidation, cruel punishment, or deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of an elder or a vulnerable adult.
(4) Abused Minor: A minor who has been inflicted with physical injury, sexual or mental harm; and/or who is exploited and overworked to such an extent that his health, morals and/or emotional well-being are endangered.
(5) Actual Hours: The number of hours including the hours of Saturdays, Sundays and holidays.
(6) Adjudication: A finding by the Children's Court on the facts alleged in the petition or complaint and incorporated in a decree.
(7) Adjudicatory hearing means a hearing to determine whether the allegations of a petition alleging a child to be neglected, deprived, in-need-of-supervision, or delinquent filed pursuant to this Act are supported by the evidence.
(8) Adoptive placement which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one of the parents.
(9) Adult means a person eighteen years of age or over; except that any person alleged to have committed a delinquent act before he became eighteen years of age shall be considered a child under this Act for the purpose of adjudication and disposition of the delinquent Act.
(10) Adult protective services means activities, resources, and support provided to at-risk elders and vulnerable adults under this code to detect, prevent, reduce or eliminate abuse, neglect and exploitation, and to promote maximum independent living.
(11) Agent for Notice: A person designated by the Tribe to receive notice from a state on minor-in-need-of-care cases.
(12) Aggrieved Party: Includes the minor and his parent, guardian, custodian or family member whose rights or interests have been affected by an adjudication.
(13) Alcohol or Substance Abuse Emergency Shelter or Halfway House An appropriately licensed and supervised emergency shelter or halfway house for the care and treatment of juveniles with regard to alcohol and/or substance abuse problems.
(14) Aunt means a person who; by blood or marriage, is: (1) A female sibling of the biological parents, or (2) A female first cousin of the biological parents, or (3) A female child of a grandparent, or (4) Any other female person, who, by virtue of an adoption, either of themselves or of a member of their family pursuant to the laws of any Indian Tribe or state would come within the terms of subparagraphs (1), (2 ), or (3) of this subsection.
(15) Band Cultural representative: An elected leader of a Band who exercises authorities and responsibilities as reserved to the Band through the Band government and the Constitution and By-Laws of the Pit River Tribe.
(16) Best interests means the preservation of the connection between a child and his or her culture, family and tribe in a setting that is stable, secure, safe, healthy, and emotionally, spiritually, socially and intellectually enriching with due regard of the special needs of the child, or the creation of such a connection if one does not already exist.
(17) Bodily injury means physical pain, illness, or an impairment of a physical condition.
(18) Brother means: (1) Any male sibling, or (2) Any other male person, who, by virtue of an adoption either of themselves or of a member of their family pursuant to the laws of any Indian Tribe or state, would hold the relationship of a sibling with the person in question.
(19) Brother-in-law means the husband of a sister by blood or marriage.
(20) Calendar Days The number of days including Saturday, Sundays and holidays.
(21) Caretaker means an individual or institution that is required by law to provide or has assumed the responsibility for the care needed to maintain the physical or mental health of an elder or vulnerable adult. This responsibility may arise voluntarily, by contract, by receipt of payment for care, as a result of a familial relationship, or by order of the Pit River Tribal Court or other court of competent jurisdiction. It is not the intent of this code to impose responsibility on an individual if the responsibility would not otherwise exist in law.
(22) CASA means Court Appointed Special Advocate who is a responsible adult, other than an attorney, who has volunteered to serve as an officer of the court and an advocate of the child, and who has been appointed by the court to so serve.
(23) Child abuse means any case in which a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma or soft tissue swelling and such condition is not justifiably explained or may not be the product of an accidental occurrence; or a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution.
(24) Child care center means an institution or facility designed for the care of children licensed or approved pursuant to Tribal law, or, if outside the Tribal jurisdiction, by the law of the jurisdiction in which such facility is physically located, or both.
(25) Child custody proceeding means (1) foster care placement: any action removing a child from her parent or custodian for temporary placement in a foster home or institution or the home of a guardian where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated; (2) termination of parental rights: any action resulting in the termination of the parent-child relationship; (3) pre-adoptive placement: the temporary placement of a child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and (4) adoptive placement: the permanent placement of a child for adoption, including any action resulting in a final decree of adoption. Child custody proceeding shall not include a placement based upon an award in a divorce proceeding of custody to one of the parents or intra-family custody dispute.
(26) Child in need of supervision means any child: (1) Who has repeatedly disobeyed reasonable and lawful commands or directives of his parent, legal guardian, or other custodian; or (2) Who is willfully and voluntarily absent from his home without the consent of his parent, guardian, or legal custodian for a substantial period of time, or without intent to return; or (3) Who, being subject to compulsory school attendance, is willfully, voluntarily, and habitually absent from school in violation of law.
(27) Child neglect means, but is not limited to, negligent treatment or maltreatment of a child by a person, including a person responsible for the child's welfare, under circumstances which indicate that the child's health or welfare is harmed or threatened thereby, and abandonment.
(28) Child placement agency means an agency designed for the care or placement of children licensed or approved pursuant to Tribal law, or, if outside the Tribal jurisdiction, by the law of the jurisdiction in which such facility is physically located or both.
(29) Child Protection Team ("CPT") is the team established by the Tribal Council to meet regularly and make such recommendations to the tribe's social services offices, as it deems appropriate, regarding the health and welfare of the children and families who come to their attention. The CPT is considered to be part of the tribe's Child Protective Services.
(30) Child Protective Services: The program within Pit River Tribal Social Services which, in cases of child abuse or neglect and in other minor-in-need-of-care situations, makes initial assessments, conducts investigations with assistance from law enforcement as necessary, provides social services to abused or neglected children and their families, and performs other related duties.
(31) Child shall mean a person under 18 years of age who is: A member of or is eligible for membership in the Pit River Tribe, whether or not resident or domiciled within the tribe's Territory and whether or not the subject of a child welfare proceeding in any court; or Any Indian child who is not a member of or eligible for membership in the Pit River Tribe, but who is domiciled within the exterior boundaries of the Tribe; or Any child who is a descendant of the Pit River Tribe or any other federally recognized tribe; or All other children domiciled within the exterior boundaries of the Pit River Tribe provided that the child's parents or legal guardian consent to any jurisdiction exercised by the Pit River Tribe, except that No child who is the subject of a child welfare proceeding in any other court shall be deemed a child subject to this chapter, unless such proceeding is properly transferred to the Children's Court.
(32) Child welfare coordinator means the director of the Indian Child-Welfare Office of the Pit River Tribe or his or her designee.
(33) Child welfare proceeding encompasses all delegated and inherent power held by the Pit River tribal government applicable to child welfare proceedings.
(34) Childrens Court Judge means any duly appointed Judge of the Pit River Tribal Court when exercising jurisdiction under this Code
(35) Commit means to transfer legal custody.
(36) Consent Decree A court order which suspends a "juvenile offender" or "family in need of services" proceeding prior to adjudication and continues the child or the family under supervision under terms and conditions negotiated with the juvenile counselor and agreed to by all parties.
(37) Counsel An advocate or attorney.
(38) Court or Juvenile/Family/Children's Court means the Pit River Tribal Court when exercising jurisdiction pursuant to this Code.
(39) Cousin means the child of an aunt or uncle.
(40) Cultural Resources Board is that board consisting of Pit River community members chosen and/or appointed in any manner. The Tribal Council decides who is charged with identifying cultural healing services to be offered to Peacemaker Juvenile participants and which assists individuals and families to find balance and healing.
(41) Curriculum Change Includes but is not necessarily limited to: (a) a change in a child's instructor, if available; (b) a change in the scheduling of a child's classes, if available; (c) reassignment of a child into another class section, if available; (d) a change in the content of a child's course of instruction, if available; and (e) a change in the child's school, if available.
(42) Custodian/Guardian means any person who has legal custody of a child or with whom temporary care, custody and control has been placed, under law or Tribal custom, and who is responsible for the health, safety, and welfare of a child. Such a person has the duty and authority to make major decisions affecting such child's welfare, including, but not limited to major medical, psychiatric or surgical treatment.
(43) Custody means guardianship of the person.
(44) Delinquent Act: Any act which would be a crime under Pit River Tribal law if committed by an adult, or any act which is defined as an offense if committed by a child.
(45) Delinquent child means a child who: (1) Has violated any federal, Tribal, or state law excepting traffic statutes or ordinances, hunting or fishing statutes or ordinances, or any lawful order of the Court made pursuant to this Act, or (2) Has habitually violated any traffic, hunting, or fishing statutes or ordinances, or lawful order of the Court made under this Act.
(46) Department means the Tribal Social Services Department.
(47) Dependent Child. The term "dependent child" as used in this Code means a child: (1) Who has been abandoned by his or her parents, guardian or custodian; or (2) Who is without proper parental care and control, or whose subsistence, education, medical or other care necessary for his or her well-being is inadequate because of the actions or habits of his or her parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them; or (3) Whose parent(s), guardian or custodian is unable to discharge his or her responsibilities to and for the child because of imprisonment, hospitalization or other physical or mental incapacity; or (4) Who has been placed for care or adoption in violation of the law of the Tribe, the federal Indian Child Welfare Act, or other federal law; or (5) Who has been physically, emotionally, psychologically or sexually abused by his or her parent(s), guardian or custodian; or (6) Who has been sexually exploited by his or her parent(s), guardian or custodian; or (7) Whose parent(s), guardian or custodian has in violation of Tribal law or tradition knowingly, intentionally or negligently: (a) Placed the child in a situation that may endanger his or her life or health; or (b) Tortured, cruelly confined or cruelly punished him or her. No child who is being provided, under a sincere religious or cultural belief, with treatment and care by spiritual means in accordance with the tenets and practice of a recognized church, religious denomination, traditional Tribal healing or medicine or other religious organization by a recognized practitioner thereof shall be considered, for that reason alone, to be a dependent child.
(48) Deprivation of Custody: Transfer of legal custody by the Children's Court from a parent or previous legal custodian to another person, agency or institution.
(49) Designated Tribal authority is the person or persons directed by the Pit River Tribal Council to receive and investigate reports of elder and vulnerable adult abuse, neglect and/or exploitation; to assess and determine the need for protective services; and to coordinate the delivery of said services with the elder advocates and appropriate service agencies. Said person/persons shall be referred to as the Adult Protective Service Worker(s).
(50) Detention Exercising authority over a child by physically placing them in any juvenile facility designated by the court and restricting the child's movement in that facility; or the temporary care of a child who requires secure custody in physically restricting facilities pending Court disposition or a Court order for placement or commitment.
(51) Disposition hearing means a hearing, held after an adjudicating hearing has bound a child to be deprived, neglected, in need of supervision, or delinquent in which the Court must determine what treatment should be ordered for the family and the child, and what placement of the child should be made during the period of treatment.
(52) Diversion. A course of remedial action taken in matters arising under this Title designed to avoid formal court action and to serve the best interests of the child involved.
(53) Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense: (A) Attempting to cause bodily injury, or intentionally causing bodily injury; or (B) Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury; or C) Forcing the aggrieved party or a member of the aggrieved party's family or household to engage in sexual activity by force, threat of force, or duress.
(54) Domicile. The term "domicile" as used in this Code shall include a child who physically resides within the tribe's Territory in the custody of his or her parents or custodians. The domicile of a child is that of the custodial parent or if both parents have custody, the domicile of any parent who is a member of the Tribe and has the greatest contact with the Tribal Nation. The domicile of a child born out of wedlock is that of the natural mother unless otherwise established in the father. Domicile includes the intent to establish a permanent home or where the parents or custodian consider to be their permanent home. Domicile for purposes of jurisdiction is established at the time of the alleged act(s).
(55) Elder means a tribal member or other person eligible for services residing within the exterior boundaries of the Pit River Tribe who is: (a) 55 years of age or older; or (b)determined by Tribal Court, Tribal custom or grant guideline to be an elder.
(56) Emergency Foster Home Placement with a family whose home has been licensed to accept emergency placements of children at any hour of the day or night.
(57) Emergency situation means a situation in which an elder or vulnerable adult is immediately at risk of death or injury as a result of abuse, neglect and/or exploitation, and is unable to consent to services which would remove the risk.
(58) Essential services means those services or things necessary to sustain a person's life, physical and mental health, and general well-being, such as adequate food, clothing, shelter, and health care. It may include services or items considered essential under the person's customs, traditions or religion, including but not limited to access to traditional foods and access to religious ceremonies or services.
(59) Ex parte order means an emergency order entered before notice can be given to the other party.
(60) Expert witness means a person who is either (1) a member of the Tribe who is acknowledged by the Tribe to be an expert on the culture, custom, and traditions of the Tribe; or (2) a professional person having a recognized education or experience in medicine, sociology, psychology, or other fields relevant to a child welfare proceeding. Wherever testimony is required of expert witnesses in the plural, there shall be at least one witness meeting the criteria of (1) and one witness meeting the criteria of (2) although this may be the same witness if she meets both criteria. Whenever testimony is required of an expert witness in the singular, any person who meets either part of this definition shall be qualified to testify.
(61) Exploitation means the unreasonable use of an elder or vulnerable adult or their money, property, or other resources by a caretaker or other person without the elder or vulnerable adult's consent or through fraud, misrepresentation, coercion, or duress.
(62) Extended family member means any person who has reached the age of eighteen and is related to the Indian child by blood or marriage, or any person recognized by the law or custom of the Tribe.
(63) Family care home or foster home means a facility for the care of not more than ten (10) children in a family type setting, licensed or approved pursuant to Tribal law, or, if outside the Tribal jurisdiction, by the law of the jurisdiction in which such facility is physically located or both.
(64) Family in Need of Services Means a family whose child, while subject to compulsory school attendance, is habitually and without justification absent from school; or a family wherein there is allegedly a breakdown in the parent-child relationship based on the refusal of the parents, guardian, or custodian to permit a child to live with them or based on the child's refusal to live with his parents, guardian or custodian; and (c) in either of the foregoing situations: the conduct complained of presents a clear and substantial danger to the child's life or health and the intervention of the juvenile court is essential to provide the treatment, rehabilitation or services needed by the child or his family; or the child or his family are in need of treatment, rehabilitation or services not presently being received and the intervention of the juvenile court is essential to provide this treatment, rehabilitation or services.
(65) Family violence means: (a) any act or threatened act of violence or forceful detention, which results in physical or mental injury, or places the individual in fear of such harm; and (b) such act is committed against the individual by: (i) a person related by blood or marriage who is a spouse or husband, brother or sister, parent or child; or (ii) a person residing with the individual.
(66) Foster care placement which shall mean any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;
(67) Foster care. The temporary care of a child in a private home or institution approved by the Court as appropriate to provide such care.
(68) Grandparent means (1) A biological grandparent. (2) The brothers and sisters of a biological grandparent, and their spouses. (3) Any other person, who, by virtue of an adoption either of themselves or a member of their family pursuant to the laws of any Indian Tribe or state, would come within the terms of subparagraphs (1) or (2) of this subsection.
(69) Group care facilities means places other than family care homes or child care centers providing care for small groups of children.
(70) Group Home A residential detention facility which is licensed to care for children under the age of eighteen (18).
(71) Guardian ad litem means any person appointed by the Family Court to represent and protect the legal rights and interests of the child in the Family Court proceedings.
(72) Guardian means a person other than the minors parents who is by court order responsible for that minor. The guardian of a child's person shall have no authority over the property or income of the child, except public assistance benefits, unless specially authorized by a court.
(73) Guardianship of the person means legal custody or the duty and authority vested by law to make major decisions affecting a child including, but not limited to: (1) The authority to consent to marriage, enlistment in the armed forces, and to extraordinary medical and surgical treatment, and (2) The authority to represent a child in legal actions and to make other decisions of substantial legal significance concerning a child, and (3) The authority to consent to the adoption of a child when the parent-child relationship has been terminated by judicial decree or the death of the parents, and (4) The rights and responsibilities of the physical and legal care, custody, and control of a child when legal custody has not been vested in another person, or agency, or institution. (5) The duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for the child. Guardianship of the person of a child, or legal custody of a child, may be taken from its parents only by Court action.
(74) Habitual Truancy means truant for five (5) days within ten (10) school days or ten (10) truancies within any ninety (90) school day period within a school year.
(75) Halfway house means group care facilities for children who have been placed on probation or parole by virtue of being adjudicated delinquent, or in need of supervision under this title.
(76) He/His The use of he/his means he or she, his or her, and singular includes plural.
(77) Healing Circle refers to the team of Pit River community members, including tribal youth, chosen and/or appointed in any manner the Tribal Council decides, which creates the individual youth and family Healing Strategy.
(78) Healing Strategy is a team-derived and wellness-related plan of activities and conduct that promotes health, wellness, and peace for the Peacemaker Juvenile participant. Healing Strategies may include, but are not limited to, any of the following: Ceremonies; Rites of passage; Vision quests; Drug and Alcohol education; Activities or conduct that causes a child to develop life skills and discipline, and to adopt socially acceptable habits including, but not limited to: Showing and sharing respect to all Physical activity and exercise, such as wrestling, hoop dancing, basketball, community service, employment and developing team-building.
(79) Health and Human Services Department ("HHS") means the Tribal department supervising and directing all child welfare, health, and family services programs, and their related programs.
(80) Incapacitated person means any person determined by the Tribal Court or a court of competent jurisdiction to be impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other cause to the extent that he or she lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or which cause has so impaired the person's judgment that she or he is incapable of realizing and making a rational decision with respect to his or her need for treatment.
(81) Indian: For purposes of this Code shall include a member of the Pit River Tribe or any other federally recognized Indian Tribe, band, group or community or the natural child of any Indian, regardless of age; and any person of Indian descent within the exterior boundaries of the Pit River Tribe.
(82) Informed consent means the consent obtained for a proposed course of protective services action following a reasonable attempt to provide information to the elder, vulnerable adult, and/or caretaker which conveys, at a minimum, the risks, alternatives and outcomes of the various modes of protective service provisions available under the circumstances.
(83) Interim Care The status of temporary physical control of a child whose family is "in need of services".
(84) Judge. The term "judge" as used in this Code shall mean any person duly appointed or elected in conformity with applicable tribal law and the tribal constitution to a judicial position on any courts of the Tribe. The term "judge" as used in this Code shall not include any peacemaker, mediator or other person duly appointed or elected to engage in alternative dispute resolution (other than a judge) in any of the courts of the Tribe.
(85) Juvenile Facility Any juvenile facility (other than a school) that cares for juveniles or restricts their movement, including secure juvenile detention facilities, alcohol or substance abuse emergency shelter or halfway houses, foster homes, emergency foster homes, group homes, and shelter homes (see individual definitions).
(86) Juvenile Intake Officer: The court official who screen minors subsequent to arrest.
(87) Juvenile Offender A child who commits a "juvenile offense" prior to the child's eighteenth (18) birthday.
(88) Juvenile Offense A criminal violation of the Law and Order Code of the Pit River Tribe which is committed by a person who is under the age of eighteen (18) at the time the offense was committed.
(89) Law enforcement officer includes any tribal, state or county police officer, social worker, peace officer, military or other security official of any jurisdiction within the boundaries of the United States and Canada who is acting within lawful authority within the Pit River Tribe.
(90) Law Enforcement Services ("LES") means the Tribal Police Department, and the Director and Assistant Director of the Tribal Public Safety Department.
(91) Least restrictive alternative means an approach which allows an elder or vulnerable adult independence and freedom from intrusion consistent with the elder's or vulnerable adult's needs by requiring that the least drastic and intrusive method of intervention be used when intervention is necessary to protect the elder or vulnerable adult from harm.
(92) Member means a person enrolled in the Pit River Tribe.
(93) Mental injury means an identifiable and substantial impairment of a person's intellectual or psychological functioning or well-being.
(94) Minor means a person under eighteen (18) years of age.
(95) Minor-In-Need-Of-Care means minor who is a member of or is eligible for membership in the Tribe and who: (a) Has no parent, guardian or custodian available and willing to care for him/her; or (b) Has suffered or is likely to certainly suffer a physical or emotional injury, inflicted on him/her by other than accidental means, which causes or creates a substantial risk of death, disfigurement, impairment of bodily functions; or (c) Has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his/her parents, guardian or custodian necessary for his/her health and well-being; or (d) Has been sexually abused or exploited; or (e) Has been emotionally abused or neglected; or (f) Is habitually truant from home or school; or (g) Has violated tribal laws relating to intoxicating beverages, controlled substances, or curfew.
(96) Neglected child or dependent child means a child: (1) Whose parent, guardian, or legal custodian has subjected him to mistreatment or abuse, or whose parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring; or (2) Who lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian; or (3) Whose environment is injurious to his welfare; or (4) Whose parent, guardian, or legal custodian fails or refuses to provide proper or necessary subsistence, education, medical care, or any other care necessary for his health, guidance, or well being, whether because of the fault of the parent, guardian, or legal custodian, or because the parent, guardian or legal custodian does not have the ability or resources to provide for the child. (5) Who is homeless, without proper care, or not domiciled with his parent, guardian, or legal custodian, due to, or without the fault of his parent, guardian, or legal custodian, or (6) Whose parent, guardian, or legal custodian has abandoned him without apparent intent to return, or who has placed him informally with any other person, and has not contributed to the support of the child or established personal contact with the child for a period in excess of six months.
(97) Nephew means the male child of a brother, sister, brother-in-law, or sister-in-law, whether by blood, marriage, or adoption.
(98) Niece means the female child of a brother, sister, brother-in-law, or sister-in-law, whether by blood, marriage, or adoption.
(99) Order. The term "order" as used in this Code shall mean every document in any proceeding signed by the judge including proposed orders prepared by the parties, their representatives, any peacemaker, or the court.
(100) Parent Includes a natural or adoptive parent, but does not include persons whose parental rights have been legally terminated, nor does it include the unwed father whose paternity has not been acknowledged or established unless he has acknowledged paternity of the child orally to two or more disinterested parties or in writing under oath unless paternity has been established by judicial action.
(101) Peacemaker. The term "Peacemaker" as used in this Code means any person duly chosen or approved by the Tribal Council, any court of the Tribe, or any judge thereof, or otherwise elected by the members of the Tribe in conformity with applicable tribal laws and the tribal constitution to a peacemaking position, temporary or otherwise, in the Tribe. A "Peacemaker" may include any other persons appointed or otherwise authorized by any court of the Tribe or Tribal council to mediate or otherwise informally resolve disputes. Any person who has the respect of the community of his or her residence, an ability to work with tribal members, and a reputation for integrity, honesty, humanity, and an ability to resolve local problems shall be eligible to be elected, appointed, or approved as appropriate, as a peacemaker.
(102) Peacemaking. The term "Peacemaking" as used in this Code shall mean a non-adversarial tribal process used by one or more peacemakers to encourage parties to resolve disputes which they are unable to resolve themselves. Peacemaking may involve persons not directly involved in the dispute, including, but not limited to, members of the extended family or band of the parties to the dispute. Peacemaking may also involve religious ceremonies and religious leaders to help resolve disputes. Peacemaking may be used to facilitate the fair resolution of any or all disputes in a juvenile proceeding brought in the courts of the Tribe, including any disputes over procedure, or any part of a juvenile proceeding.
(103) Person with an interest in a child means the child if 14 years of age or over, the child's parent, guardian, or a custodian, a member of the child's extended family, a law enforcement or conservation officer when jurisdiction is alleged, and the child welfare coordinator.
(104) Personal relationship means a relationship wherein the parties involved: (A) Are current or former spouses. (B) Are persons who live together or have lived together, and are or were in a dating relationship while living together. (C) Are related as parents and children, including persons acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16. (D) Have a child in common. (E) Are current or former household members. (F) Are persons who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.
(105) Physical injury means death, permanent or temporary disfigurement, or impairment of any bodily organ or function.
(106) Preadoptive placement which shall mean the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement
(107) Presenting Officer: A court official who represents the Pit River Tribe in minor-in-need-of-care proceedings under this Code. The duties and responsibilities of the presenting officer may be delegated to the tribal prosecutor.
(108) Pro se means without the assistance of an attorney.
(109) Probable Cause exists where the facts and circumstances within a judges knowledge and of which she/he has reasonable trustworthy information are sufficient in themselves to warrant a person of reasonable caution to believe that the minor is a minor-in-need-of-care.
(110) Probation A legal status created by court order whereby a "juvenile offender" is permitted to remain in his home under prescribed conditions and under the supervision of a person designated by the court. A "juvenile offender" on probation is subject to return to court for further proceedings in the event of his failure to comply with any of the prescribed conditions of probation.
(111) Protective Supervision A legal status created by court order under which a "juvenile offender" is permitted to remain in his home or is placed with a relative or other suitable individual and supervision and assistance is provided by the court, a health or social services agency or some other agency designated by the court.
(112) Public or Private Official means a physician, including any intern or resident; dentist; school employee; licensed practical nurse or registered nurse; peace officer; psychologist; clergyman; optometrist; chiropractor; naturopathic physician; licensed professional counselor or marriage and family counselor; firefighter or emergency medical technician; Court Appointed Social Advocate; Attorney; certified child care provider or foster care provider, or employee thereof; employee of the Department of Human Resources or Pit River Health Services; a tribal or county health department; community or tribal mental health and developmental disabilities program; tribal or county juvenile department; or licensed alcohol and drug treatment program.
(113) Qualified Elder or Historian means an individual who, because of his or her knowledge or experience, has been certified by the Pit River Tribal Council to testify as to the traditions and customs of the Pit River Tribe before any federal, state or tribal court or administrative body.
(114) Qualified expert means any person who is: (a) a member of the child's tribe who is recognized by the tribal community as knowledgeable in tribal customs regarding familial organizations and child-rearing; or (b) a lay person having substantial experience in the delivery of social services to Indian families and children, and has extensive knowledge of prevailing social and cultural standards and child-rearing practices within the child's tribe; or (c) a professional with substantial experience in his or her field.
(115) Reservation means the area within the external boundaries of the Pit River tribe's Territory.
(116) Residual parental rights and responsibilities means those rights and responsibilities remaining with the parent after legal custody, or guardianship of the person of said child has been vested in another person, agency, or institution, but where parental rights have not been terminated, including, but not necessarily limited to, the responsibility for support, the right to consent to adoption, the right to inherit from the child, the right to determine the child's religious affiliation, and the right to reasonable visitation with the child unless restricted by the Court.
(117) Restitution Financial or other reimbursement by the child to the victim, and is limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric and psychological treatment for injury to persons, and lost wages resulting from injury, which are a direct and proximate result of the delinquent act. Restitution does not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses.
(118) School Attendance means physical presence of a child in school, and includes attending scheduled classes during such hours and on such days as determined by the school or, for students enrolled in Alternative Education Programs, attendance at the place and during hours scheduled by the school for the student, unless excused from such attendance by school policy or state law.
(119) School Attendance Policy means the current policy for school attendance duly adopted by the appropriate school board.
(120) Secure custody means a locked facility approved by the child welfare coordinator and tribal attorney for the secure, temporary holding in custody of children.
(121) Secure Juvenile Detention Facility A facility which (a) contains locked cells or rooms which are separated by sight and sound from any adult inmates; (b) restricts the movement of those placed in the locked cells or rooms, and (c) complies with the other requirements of the Juvenile Justice and Delinquency Prevention Act, 42 U.S.C. 5601 et. seq.
(122) Sentencing Circle Peacemaking. The term "Sentencing Circle Peacemaking" shall mean a tribal process used by one or more peacemakers to encourage restorative justice through dispositions consistent with Chapter 15 of this Title. Sentencing Circle Peacemaking may also involve religious ceremonies and religious leaders to help recommend dispositional alternatives.
(123) Sexual abuse means any sexual involvement with an elder or vulnerable adult that the elder or vulnerable person does not consent to, is physically and/or mentally incapable of voluntarily consenting to, or consents to as the result of intimidation, duress or fraud.
(124) Shelter Care. The term "shelter care" as used in this Code means the care of a child placed in a foster home or institution maintained by individuals or organizations to receive and care for children pending court disposition, peacemaking, or transfer to another jurisdiction.
(125) Sister means (1) Any female sibling. (2) Any other female person, who, by virtue of a adoption either of themselves or of a member of their family pursuant to this Act or the laws of any Indian Tribe or state, would have the relationship of a sibling with the person in question.
(126) Sister-in-law means the wife of a brother by blood or marriage.
(127) Spiritual Healing shall not be included under the definitions of abuse or neglect when any child is under care or treatment solely by spiritual means in accordance with the religious beliefs or practices of the child or the child's parent or custodian.
(128) Status offender. A child: (1) (i) who is subject to compulsory school attendance and is habitually truant from school without justification; or (ii) who has committed an offense committable only by children; or (iii) who is habitually disobedient to the reasonable and lawful commands of the parent or custodian; or (iv) who habitually runs away from home; AND (2) Who the Court determines is in need of rehabilitation. (3) This subsection shall also be applicable in the handling of juvenile matters occurring off reservation when: (i) the juvenile, is over 15 years of age, and has been issued a citation by a State, Parish and/or City Law Enforcement Officer for a violation of the State Traffic Code, and/or; (ii) the case has been referred to the Tribal Police and/or Tribal Court for processing.
(129) Stepparent means a person married to a biological parent, but who is not a biological parent of the child.
(130) Termination of parental rights or termination of the parent-child legal relationship means the permanent elimination by Court order of all parental rights and duties, including residual parental rights and duties, but not including the child's right to inherit from the parent whose rights have been terminated.
(131) Termination of Parental Rights: Permanent elimination of all parental rights and duties of a person including residual parental right and duties by court order.
(132) Territory of the Pit River Tribe means all lands within the Tribal Boundaries, and all lands held by the United States for the benefit of the Pit River Tribe or any member of the Pit River Tribe, and all additional lands acquired by the Pit River Tribe notwithstanding the issuance of any right-of-way.
(133) Traditional custodian means those relatives of the child other than the parents, who, by force of the traditions, customs, and common law of the Tribe have the rights, duties, and responsibilities of assisting the parents in rearing the child and providing for its support.
(134) Transfer proceeding means any proceeding in the Tribal Court to grant, accept, or decline transfer of any children's case from or to the courts of any Indian Tribe or state whenever such transfer is authorized by Tribal, federal, or state law.
(135) Transfer to Tribal Court Transferring a child from the jurisdiction of the juvenile court to the jurisdiction of the tribal court which results in the termination of the juvenile court's jurisdiction over that offense.
(136) Tribal Child means a child who is either (a) an enrolled member of the Tribe; or (b) eligible for enrollment in the Tribe.
(137) Tribal Council The tribal council of the Pit River Tribe.
(138) Tribal Court The adult court for the Pit River Tribe.
(139) Tribe means the Pit River Tribe.
(140) Truancy means any absence of part or all of one or more days from school during which the school attendance officer, or his agent, has not been notified of the legal cause of such absence by the person having the absent pupil under his or her control during non-school hours and also means intermittent attendance carried on for the purpose of defeating the intent of the state and tribes attendance laws.
(141) "Vulnerable adult" means a tribal member or other person eligible for services residing within the exterior boundaries of the Pit River Tribe who:
a. Is at least 18 years of age and has been determined to be disabled by an agency such as the Social Security Administration, Vocational Rehabilitation Division, Veteran's Administration, or Medicaid; or
b. Is at least 18 years of age and is declared by the Tribal Court or a court of competent jurisdiction to be incapacitated;
c. Is at least 18 years of age and is suffering from a continuing disability or a disability that is expected to continue indefinitely that is attributed to mental retardation, or related neurological conditions or illnesses.
(B) Miscellaneous words listed in singular form may be considered to include the plural form of each word and vice versa except where the context clearly indicates otherwise, and the use of she/he means she or he, her or his.
(C) These definitions shall not be construed to override or amend any substantive Tribal code, laws or traditions dealing with children.