3-6-8 Habitual Truancy.

Any Wakanyeja who has been found by the Children’s Court who has violated this chapter, and who has not been amendable to the Children’s Court orders more than once (1) is guilty of a Class B violation.

Definitions:

“Custodian” An adult entrusted with the temporary physical care, custody and control of a child by the child’s parent, or otherwise entrusted with the custodial, personal or financial care of a child under tribal custom.
“Emancipated” The act or process by which a minor is liberated from the authority and control of their parents. It releases all rights of care, custody and control of a child from the parents.
“Enrolled” A student is at least eighteen (18) years of age on the first day of July or is a child who is a least six (6) years of age as of the first day of September and the student admitted to a school.
“Guardian” A person assigned specific rights and responsibilities by court order to care for another person and the person’s real and personal property.
“Homeless” The term “homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence and

1. children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;
2. children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human being;
3. children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

“Homeschool” A student who is deemed an alternatively-educated student who must submit and receive approval from the school in which they are enrolled, and must follow all laws therein.
“Juvenile Presenting Officer” The attorney or lay council who shall represent the Tribe in all proceedings before the Children’s Court.
"Maltreated” Failure of a parent or other person with responsibility for the child to provide needed supervision to the degree that the child's well-being are threatened with harm with failure to educate their child or failure to provide the child with the opportunity to attend school as required by law.
“Parent” (1) All biological or adoptive parents of the child, whether singular or plural; and (2) shall not include a person whose parental rights have been legally terminated, nor an unwed father whose paternity has not been acknowledged or established.
“Guardian or custodian” A guardian is a person appointed to take care of the person or property of another (RSTLOC 1-2-1)
“Six (6) years (on or before September 1)”

Truant: The term “truant” as used in this title means a child who has had:

1. three (3) unexcused absences from school within a single month; or
2. six (6) unexcused absences from school within a single school year.

“Truancy Personnel” The dedicated personnel whose duty it is to work with the family and youth on any truancy issues and who is employed by the Todd County School District, St. Francis Indian School, White River School District, Winner and South Central School District and other schools operating in and around the Rosebud Reservation.
“Unexcused absence”

1. the child has failed to attend the majority of hours or periods in a school day, or has failed to comply with the RST Education policy establishing more restrictive attendance requirements; and
2. the absence does not fall within one of the exceptions to compulsory school attendance set forth in RSTLOC 3-4 § 1-9, and is not an excused absence as defined by school district policy.

“Wakanyeja” child or children in Lakota, A person who is under eighteen (18) years of age.