3-1-2. DEFINITIONS.

1. “Abused Child” a child found to be suffering abuse of a physical, emotional, nutritional, sexual or exploitive nature. The following serve as guidelines to the Court dependent upon proof of parental and/or legal guardianship action which has resulted in serious harm to the child.
   1. A Physically Abused Child is one found to be in one or more of the following situations:
      1. Beatings;
      2. Unusual or inappropriate punishments (does the punishment fit the crime);
      3. A child with multiple injuries; and/or
      4. A child who is knocked unconscious by a parent or guardian.
   2. An Emotionally Abused Child is one found to be in one or more of the following situations, dependant upon proof of parental or legal guardian action which has resulted in serious harm to the child.
      1. A child whose parents fail to love, listen, guide or pay attention to;
      2. A child who receives no moral, spiritual, or intellectual instruction from his parents;
      3. A child who is separated or isolated from other members of the family (locked in locked out);
      4. A rejected child;
      5. A child whose parents have unrealistic expectations for him;
      6. A child whose parents or others verbally harass, tease, swear at and/or ridicule him;
      7. A child whose parents have failed to provide the child’s basic needs for food, shelter and clothing;
      8. A child whose health is endangered by exposure to alcohol, drugs, tobacco; and/or
      9. A child whose home life-style is dangerous (e.g., excessive drinking, excessive numbers of people in the house, no food, etc.).
   3. A sexually Abused Child is one who is found to be in one or more of the following situations, dependent of proof of parent/legal guardian action which has resulted in serious harm to the child:
      1. An unconsenting minor involved in sexual activity with an adult;
      2. Any child (boy or girl) under age of sixteen (16) who is involved in sexual with an adult (male or female);
      3. Any child forced to perform sexual services in exchange for debts or favors; and/or
      4. Any unconsenting child who is forced to perform sexual acts by other minors.
   4. A Nutritionally Abused Child is one found to be in one or more of the following situations:
      1. A child whose parents provide inadequate or inappropriate foods (e.g., alcohol, excessive junk foods, etc.); and/or
      2. A child whose parents misuse the benefits intended for the child including selling or squandering food stamps, commodities, or BIA grocery orders.
2. “Act” means the Indian Child Welfare Act, Public Law 95-608.
3. “Adjudication” means a finding by the Court, stated in decree, that the facts alleged in the petition have been proven.
4. “Adult” means any person who has reached his/her eighteenth (18) birthdays.
5. “BIA” means Bureau of Indian Affairs.
6. “Child” means minor who is enrolled in or eligible for enrollment in the Rosebud Sioux Tribe, or any other Indian on the Reservation, who is less than eighteen (18) years of age, or any person still subject to the continuing jurisdiction of the Tribal Juvenile Court.
7. “Child Custody Proceeding” means any voluntary or involuntary administrative or judicial action which may result in the removal (temporary or permanent) of a child from its parent(s), the child being an enrolled member of the Rosebud Sioux Tribe (or eligible for enrollment) or who lives within or near the original boundaries of the Rosebud Indian Reservation.
8. “Minor in Need of Care” is a child found to be in one or more of the following situations:
   1. A child who is habitually truant;
   2. A child who violates the curfew;
   3. A child who is unmanageable to parental control or is incorrigible;
   4. A child who is found to be that described in subsections 1, 12, 13, and 26 of this section;
   5. A child who is a habitual runaway; and/or
   6. A child who habitually so deports himself so as to injure or endanger the health or well-being of himself or others.
9. “Child Placement Agency” means any agency licensed by the Tribe or the State of South Dakota to receive for placement or adoption; the Administration of the Child Welfare, the BIA Branch of Social Services, the South Dakota Department of Social Services, or any agency receiving children for placement or adoption in another State, which agency is licensed or approved as required by law.
10. “Community Expert Witness” means an individual recognized by the Juvenile Judge of the Rosebud Sioux Tribal Court as an expert in Tribal customs as they pertain to family organization and child-rearing practices.
11. “Court” means the Tribal Juvenile Court of the Rosebud Sioux Tribe unless the Tribal Court or some other Court is clearly intended.
12. “Delinquent Child” means any child under the age of eighteen (18) years within the jurisdiction of the Court who violated any of the offenses enumerated in the Rosebud Sioux Tribe Law and Order Code.
13. “Dependent Child” is a child found to be in one or more of the following situations:
    1. A child who is homeless or destitute or without proper support or care; and/or
    2. A child who lacks proper care by reasons of the mental or physical condition of the parents(s), guardian, or custodian.
14. “Deprivation of Custody” means transfer of legal custody by the Court from a parent or parents or a previous custodian to another person, agency, or institution.
15. “Detention” means the temporary care in the Juvenile Center of children who require secure custody, in physical restricting facilities pending Court disposition or transfer to another jurisdiction.
16. “Diversion” means any informal probationary status whose focus is to help a juvenile keep out of trouble without formal Court action. Diversion covers any juvenile brought before the Court because of his own misconduct but not formally adjudicated.
17. “Extended Family” means any person related by blood or marriage to the family or any individual who is viewed by the family as a relative or in accordance with customs of the Rosebud Sioux Tribe. In situations where the relationship is not formally established by blood or marriage, the relationship must be attested to by two (2) reliable witnesses.
18. “Foster Care” means the placement of a child with another family for a temporary period of time.
19. “Guardian” means the guardian of the person and not a guardian of property or estate.
20. “Guardian Ad Litem” means an individual appointed by the Court to represent the best interests of the child in an advocate role.
21. “Guardian of the Person” includes, among other things, the authority to consent to marriage, to enlistment in the armed forces, and to consent to major medical, surgical, or psychiatric treatment.
22. “Judge” means the Juvenile Judge of the Rosebud Sioux Tribe.
23. “Lay Expert Witness” means an individual without extensive professional training, but who does have extensive experience in the delivery of child and family services to the Rosebud Sioux Tribe community.
24. “Legal Custody” means subject to any limitations which may be imposed by the Juvenile Court, a relationship embodying the following rights and duties:
    1. The rights to physical custody of a child:
       1. Temporary Custody;
       2. Permanent Custody;
       3. Change of Custody;
       4. Child Support; and/or
       5. Visitation Rights.
    2. The right and duty to protect, train, discipline and financially support a child;
    3. The duty to provide a child with food, clothing, shelter, education, and ordinary medical care;
    4. The right to determine where and with whom a child shall live;
    5. The right, in an emergency, to authorize surgery or other extraordinary care.
25. “Minor Parent” means any parent under age eighteen (18).
26. “Neglected Child” is a child found to be in one or more of the following situations:
    1. A child whose parent(s), guardian, or custodian fail or refuse to provide necessary subsistence, education, or medical care, or any other care necessary for his health and will-being while capable of doing so;
    2. A child who lacks adequate parental control by reasons of the fault or habits of his parent(s), guardian, or custodian;
    3. A child under ten (10) years of age who is left without competent supervision overnight for other than emergency reasons;
    4. A child exposed to physically dangerous situations as a result of parental negligence;
    5. A child, under ten (10) years of age who is left alone or unsupervised in a car while its parent is in a bar;
    6. A child, under eighteen (18) years of age who accompanies its parent(s) into a bar where he is unsupervised or uncared for;
    7. A child left with an irresponsible babysitter (e.g., babysitter is intoxicated, too young, etc.);
    8. A child under eighteen (18) years of age is allowed access to alcoholic beverages and/or drugs;
    9. A child under twelve (12) years of age or under and has more than ten (10) unexcused absences from school in one quarter;
    10. A child who is not dressed adequately for weather conditions;
    11. A child who is allowed to be out and unsupervised after curfew.
27. “Open Adoption” means those adoptive placements made through the Court when most, but not all parental rights, have been terminated. Open adoption allows the Court to insure than an older child who has established bonds of affection with its natural parents, while at the same time become part of another family.
28. “Qualified Expert Witness” means a professional person having a substantial educational background in the area of his or her specialty and extensive knowledge of the prevailing social and cultural standards and child-rearing practices of the Rosebud Sioux Tribe.
29. “Probation” means legal status of a child created by Court Order following an adjudication based on a violation of the Law and Order Code of the Rosebud Sioux Tribe, where the child is permitted to remain in its home under prescribed conditions and under supervision by a probation officer designated by the Court subject to return to Court for violation of any of the conditions prescribed.
30. “Protective Supervision” means legal status created by Court Order following adjudication of neglect or dependency where the child is permitted to remain in its own home, and supervision and assistance to correct the neglect or dependency is provided by the Child Protection Program or other agency designated by the Court.
31. “Residual Parental Rights and Duties” means those rights and duties remaining with the parents after legal custody or guardianship, or both, have been vested in another person or agency, including but not limited to, the responsibility for support, the right to consent to adoption, the right to determine the child’s religious affiliation, and the right to reasonable visitation, unless restricted by the Court. If no guardian has been appointed, residual parental rights and duties are, the right to consent to marriage, to enlistment in the Armed Forces, and consent to major medical, surgical, or psychiatric treatment.
32. “Standard Adoption” means those adoptive placements occurring after all parental rights and obligations have been terminated by the Court.
33. “Termination of Parental Rights” means permanent elimination of all parental duties, including residual parental rights and duties by Court Order, unless otherwise decreed by the Court. The Court may, in its discretion, terminate parental rights while at the same time restricting adoptive placement to a family willing to allow the child continued contact with their natural parents.
34. “Parents” means any biological parent(s) of any Indian child or person who has lawfully adopted an Indian child, including ecagwaya placement.
35. “Shelter” means the temporary care of children in foster care families or foster group care facilities pending Court disposition or transfer t another jurisdiction.
36. “State” means the State of South Dakota.
37. “Tribe” means the Rosebud Sioux Tribe.
38. “Reservation” means the Rosebud Indian Reservation, as established by the Treaty of 1867.